Universal Policy

There are many different ways you can connect to us – when you create an account with us, subscribe to our offers, contact us online, view our e-mails, browse through our website etc. When you share information with us, for example by creating a Myspadeal.com account, you trust us with your information. We value your trust and your privacy is important to us. So we’ve developed a Privacy Policy that covers:

·  What information we collect and why we collect it.

·   How we use that information.

·   The choices we offer, including how to access and update information.

Please take a moment to familiarize yourself with our Terms of use and Privacy Policy and
let us know if you have any questions.

Thanks.

Myspadeal.com PRIVACY POLICY

Last updated on: January 5th, 2017

Intent: We know that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly.

This Privacy Policy explains how we, Myspadeal.com India Private Limited (trading as “Myspadeal.com”), collect, process and use information of our users (hereinafter addressed as “you”, “your”, “yourself”). We are the operator of the website Myspadeal.com, associated mobile application and a provider of a range of services thereto. We provide a platform where we may list offers for local services, goods and travel which are made available by us or other sellers (collectively: “Sellers”). This Privacy Policy applies to information that we collect through our website, mobile application, electronic communications or services (collectively, the “Site”).

We will routinely update this Privacy Policy to improve our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. You can determine when this version of the Privacy Policy was adopted by referring to the “Effective Date” above.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

1. Sensitive Personal Data and Information (SPDI)

Pursuant to the Information Technology Act, 2000, we are required to give a disclosure of the SPDI collected by us and how do we use it. We may collect and retain the following information from and about you if you interact with us through the Site:

  1. your email address and Site password;
  2. your payment details, billing and delivery addresses, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details;
  3. your phone numbers;
  4. your location, website browsing patterns (e.g., through cookies) and purchase history;
  5. other information you actively submit to us or we can determine about you based on your interactions with our Site and services.

We get access to such information when you:

  1. register, subscribe, authorize the transfer of, or create an account with us;
  2. open or respond to emails;
  3. provide information to enroll or participate in programs provided on behalf of, or together with other Sellers, merchants, co-marketers, distributors, resellers and other business partners, with your consent or as necessary to provide services you have requested;
  4. visit any page online that displays our ads or content;
  5. purchase products or services on or through the Site;
  6. interact or connect with or link to the Site via integrated social networking tools; and
  7. post comments to the Site.

2.     Managing User Choices

  1. You can manage the types of personal data you provide to us and can limit how we communicate with you.
  2. You can manage your email and notice preferences by logging into your account through the Site or by adjusting the settings in our mobile application.
  3. You can also manage your subscriptions by following subscription management instructions contained in any commercial emails that we send you.
  4. You may update your subscription preferences at any time. Please note that even if you decide not to subscribe to, or to unsubscribe, from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you make purchases on the Site.
  5. You hereby consent to receive communications by SMS or calls from Myspadeal.com or its affiliates or its partners with regard to the services provided by Myspadeal.com or as facilitated by the Myspadeal.com partners.
  6. You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. Please refer to Paragraph 11 of this Policy for information of Cookies for more information.
  7. You may also manage how your mobile device and mobile browser share information on and about your devices with us, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider and the manufacturer of your device to learn how to adjust your settings.
  8. You may also manage the sharing of certain personal data with us when you connect with us through social networking platforms or applications. Please refer to Paragraph 9 below and also the privacy policy and settings of the social networking websites or applications to determine how you may adjust our permissions and manage the interactivity between us and your social networking account or your mobile device.
  9. If you register for customized email newsletters containing offers for local services, goods and travel, we will work to make information more relevant for you and customize newsletters based on information you share with us, your location, website browsing preferences (for example, through cookies), purchase history or based on other attributes of your relationship with us. You can reject and delete cookies and unsubscribe from newsletters at any time by clicking links in each newsletter you wish to unsubscribe from.

3.     Use of Information

We process personal data for the following purposes:

  1. Operate, maintain and improve the Site;
  2. Provide you with personalized direct marketing initiatives via email and direct marketing offers;
  3. Facilitate and process orders – for example, for vouchers and other goods and services;
  4. Facilitate table reservation process;
  5. Determine your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness;
  6. Answer your questions and respond to your requests;
  7. To establish and analyze individual and group profiles and customer behavior;
  8. Communicate and provide additional information that may be of interest to you about us, the Sellers and our business partners;
  9. Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of business partners;
  10. Administer rewards, surveys, contests, or other promotional activities or events;
  11. Manage our everyday business needs, such as administration of the Site, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use or to comply with the law;
  12. Comply with our legal obligations, resolve disputes, and enforce our agreements;
  13. Allows you to sign up for special offers from merchants and other business partners through the Site; and to
  14. Enhance other information we have about you to help us better understand you, determine your interests and provide you with more relevant and compelling services.

4.     Disclosure of Information

We are not in the business of selling or renting personal data. We will not share your personal data, except in the following manner:

  1. with the Sellers, so they can sell and deliver to you and provide such other ancillary services such as table reservation to serve you better;
  2. to report or collect on payments owed to Sellers, merchants or other business partners;
  3. as necessary to perform contractual obligations towards you with business partners to the extent you have purchased or redeemed a Myspadeal.com voucher, goods or services offered by a business partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or the Sellers on behalf of a business partner;
  4. in case of a merger, acquisition or reorganization with a purchaser of our company or all or substantially all of our assets;
  5. to comply with legal orders and government requests, or as needed to support auditing, compliance;
  6. to combat fraud or criminal activity, and to protect our rights or those of our affiliates, business partners and users, or as part of legal proceedings affecting nearbuy.com;
  7. in response to a legal process, including to law enforcement agencies, regulators, and courts; or
  8. with your consent or as otherwise required or permitted by law.

We encourage business partners to adopt and post privacy policies. However, while we share personal data with business partners only for the above-mentioned purposes, their subsequent processing and use of personal data obtained through Myspadeal.com is governed by their own privacy policies and practices and are not subject to our control.

5.     Collection of Information: We collect your personal data,

  1. when you register, subscribe, create an account, make a purchase or redeem vouchers or otherwise contact us or communicate with us actively. For example, you provide personal data to us when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to online communities.
  2. when you interact with the Site via cookies and other technologies as described in Paragraph 11 on Cookies.

c)        through other online and offline information from our business partners who may report to us redemption, collection, or refund-return events.

6.     Security of Personal Information

We use strict security measures to ensure the security, integrity and privacy of Your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, we have adopted internal reviews of the data collection, storage and processing practices and security measures, including offering the use of a secure server to guard against unauthorized access to systems where we store your personal data.

We shall, however, not be responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Website is also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.

7.     User’s Rights in relation to Personal Data: By keeping your personal data updated you can help us to ensure that we can respect your preferences and offer you the goods and services that are most relevant to you.

  1. You can access, update, rectify, and delete your information you provided to us in your profile by logging into your account or contacting us at http://Myspadeal.com/contact-us.
  2. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we may be required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons.

8.     Retention of Personal Data

You can at anytime unsubscribe from our services, newsletters, e-mailers. We will, however, retain your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting or other compliance purposes. We will also retain your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9.     Social Site Features

  1. The Site may contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and otherwise submit your own original content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any information you include in your posting may be read, collected, and used by others.
  2. Connecting through Social Networks: We offer social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both the Site and a social network, when you use the Site’s social networking connection functions, you may connect your social network account with your nearbuy.com account (this happens automatically, if the email addresses match). If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into the Site but not logged into your social network site, when you use the Site’s social network connection functions, you will be prompted to enter your social network website credentials or to sign up for the social network.
  3. If you are not currently registered as a nearbuy.com user and you use the Site’s social network connection functions, you will first be asked to enter your social network credentials and then be given the option to register and join nearbuy.com. Once you register with us and connect with the social network, you will be able to automatically post recent nearbuy.com activity back to your social network. Please refer to the privacy settings in your social network account to manage the data that is shared through your account.
  4. By using the Site’s social network connection function, you will grant us permission to access all of the elements of your social network profile information that you have made available to be shared (as per the settings chosen by you in your social network profile) and to use it in accordance with the social network’s terms of use and this Privacy Policy.

10.   Privacy Policies of Third Parties

This Privacy Policy only addresses the collection, processing and use (including disclosure) of information by us through your interaction with the Site. Other websites that may be accessible through links from the Site may have their own privacy policies and personal information collection, processing, use, and disclosure practices. Our business partners may also have their own privacy policies. We encourage you to familiarize yourself with the privacy policies provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

11.   Cookies    

Consent: By using our website or mobile app (“Site”), using services provided through the Site, or receiving our emails, you consent to the use of cookies in accordance with this “Cookies Policy”.

Intent: This Privacy Policy sets out how we, and third parties we authorize, use cookies when you interact with our Site or the services offered via the Site. Our Privacy Policy explains what we do (and don’t do) with the information, including any personal data we may collect about you. Please read them both.

Meaning: Cookies are unique identifiers, usually made up of small bits of text or code. Cookies are usually stored on your device or in your web browser and they send certain information back to the party who served the cookie. When we say cookies we are actually referring to a broader range of technologies than just cookies, including web beacons, clear gifs, pixels and other similar technologies. When we say first-party cookies we mean cookies that are served by nearbuy.com. When we say third party cookies we mean cookies that are served by non-nearbuy.com parties.

Use of Cookies: Cookies are used in order to better understand how applications and websites work and to optimize online and mobile experiences. Cookies do this by allowing the party serving the cookie to analyse a website’s or mobile app’s performance, to identify certain users anonymously and remember their preferences, to better understand whether a computer or device (and probably its user) has visited a website previously and to serve personalised advertisements.

Types of Cookies: Our Site primarily uses the following four types of cookies:

1.     Operations based Cookies: These cookies are essential for the operation of our Site. They make it possible for you to browse and use our Site. If you disable these cookies, the Site will not function correctly.

2.     Performance based Cookies: These cookies gather information about how visitors use the Site and monitor Site performance. For example, performance cookies tell us which pages are popular, monitor traffic to our Site and compile anonymous analytic information. Performance cookies can also be used to identify and remedy operational problems with the Site.

3.     Functionality based Cookies: These cookies are used to recognize and remember your preferences. For example, functionality cookies may use information, such as your location, to make sure that you arrive at a version of our Site that is specific to your city or region.

4.     Advertising Preferences based Cookies: We offer you choices about receiving interest-based ads from us. For this, we allow third parties to deliver personalised advertising content on our Site and/or on third party websites and applications. These third parties use cookies to understand your interest in the advertisements and content delivered to you, as well as to serve you with more relevant advertisements based on your activities on our Site. For example, third-party cookies could record information about whether you have clicked on certain content or advertisements on our Site or other websites, or placed an item on our Site in your shopping cart.

We do not have control over, or access to, third-party advertising cookies or the information they contain. Third parties manage any information that they collect via cookies they place in accordance with their privacy policies.

You can opt-out of third-party personalised advertising cookies. You will still see ads but they will not be personalized.

Cookies and Browser settings: You may be able to avoid certain cookies by configuring your browser settings or opting-out directly with the party that operates and controls the cookie. Please check your browser settings for more information.

Cookies in E-mails: Our emails contain cookies that track whether you open our emails and whether you click any links within them. The cookies used in our emails to monitor these behaviors are unique to each email and are not stored on your computer or mobile device.

12.   Contact Us: In accordance with Information Technology Act 2000 and rules made there under, if you have any questions regarding our Privacy Policy, you may contact us

Myspadeal.com Terms Of Sale

Created on: September 1, 2015

Updated on: March 18, 2016

By purchasing any Merchant Offering, Product or participating in other available programs via the Site, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below. These Terms of Sale form part of the overall Terms of Use of the Site and are to be read in consonance with them.

These rules apply unless otherwise stated in the fine print pertaining to the Offer:

  • Voucher will expire on the date specified on the voucher
  • Cannot be combined with other offers
  • Providing voucher code is mandatory to avail offer
  • Booking, reservations and amendments are subject to availability
  • Must be redeemed in a single visit (unless specified otherwise)
  • Vouchers can be redeemed only after due verification of the customer (including photo ID proof, if required)
  • All local/national laws and rules, consumption of intoxicants etc – that apply to regular customers, apply to Myspadeal.com voucher holders too
  • The merchant is solely responsible for the taxes levied/to be levied on the services/products for providing the Sales Invoice to the Customer against the services rendered or product sold.
  • In case of cancellation or transactional failure, Promo Codes shall not be valid for cash back.

F&B Offers with Drinks:

  • Drinks will be served on all valid offer days, except dry days. Please check local dry day listings before availing the offer.
  • Drinks brands are subject to availability.  If a particular brand is unavailable at a given point in time another brand of equal or better grade will be served as per the Restaurant policy.
  • Drinks can only be redeemed only after due verification of the customer (including age proof – 25 years or above, photo ID proof etc., if required)

Hotels (Offers & Rates):

  • Myspadeal.com makes every effort to ensure that any materials or rates displayed on its Platform are accurate as at the date of issue. Changes in market conditions or circumstances may occur after the issue date, which may make information displayed on the Platform no longer accurate, or no longer reflect the current position.
  • Myspadeal.com hereby expressly disclaims any representation, warranty or undertaking in relation to the accuracy, completeness, quality or adequacy of any contents of its Platform.
  • While nearbuy.com makes every effort to work with hotels, which provide an acceptable standard of service and accommodation for the price paid, we hereby expressly disclaim any representation, warranty or undertaking in relation to the quality or adequacy of any hotel listed on our Platform.
  • All images used are for illustrative purposes only and are only indicative in nature. The actual room may vary from the displayed image. Individual features such as windows, colours may vary, as may the inclusions, accessories and layouts. The specifications of rooms/hotels are subject to change as necessary and without notice. Specification is not intended to form a part of any purchase unless specifically incorporated on the Offer page.
  • The rates provided on our platform are as follows:
    • ROOM RATES
      • Room rates shown on Myspadeal.com Platform are charged on a per room per night basis. This is the rate at which the hotel room is offered to a customer or the best available price, which a Myspadeal.com customer actually pays to avail the hotel room for the specified duration at a given point in time (excluding the sitewide discounts, cashbacks, offers). As a result, instead of paying the same price for each room-night, the guest could pay different prices each night.
    • MAXIMUM RATE/RACK RATE
      • In the hotel industry, the maximum rate (popularly known as rack rate) is the maximum amount the hotel usually charges for a room, when demand for rooms in the area is highest. This is generally the maximum price that one may pay for a hotel room when the demand for that room is highest.

The difference between the ‘maximum rate’ or a ‘room rate’ is not the effective discount that a customer may avail while opting for a property. These two rates are different and are the standard terms as used across hotel industry and published on Myspadeal.com Platform.

Health/Medical/Surgical Services Offers: 

  • Given the nature of these Offers, nearbuy.com does not take responsibility for any medical complications that arise during or post the treatment. We strongly advise our users to take all necessary precautions / consultations before availing this Offer.

Purchase and Redemption of nearbuy.com Vouchers

  • Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Merchant or other referenced third parties. Myspadeal.com is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Myspadeal.com’s sole discretion without notice. So, it is advisable to go through the policies before making any purchase on our Site.
  • A Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products to Myspadeal.com, that require Merchant to have an up-to-date regulatory authorization, license, or certification. Myspadeal.com does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, but not limited to, Health & Fitness and Beauty & Spa Merchants).
  • Myspadeal.com is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
  • Myspadeal.com may, in its sole discretion, verify a user’s identity prior to processing a purchase. Myspadeal.com may also refuse to process a purchase, may cancel a purchase, or may limit quantities, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate.
  • If an offer becomes unavailable between ordering and processing, nearbuy.com will either cancel or not process the order and will notify you by email. Refund will be processed by the same mode of payment as was used while ordering by the Customer.
  • Myspadeal.com does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Myspadeal.com reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Myspadeal.com will attempt to notify you by email. In addition, Myspadeal.com reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
  • Some services for which nearbuy.com Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities Myspadeal.com takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the Myspadeal.com Voucher can be redeemed.

The Myspadeal.com website is a platform which facilitates promotion of various Offers offered by merchants, on their respective services and products by way of offering vouchers.

Vouchers

  •  Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offering from the Merchants of Myspadeal.com, to be used on or before the use by date stated on the Voucher (the “Voucher Expiry Date”).
  • The Merchant Offering shall mean the goods and/or services to be provided by the Merchant to the Voucher Holder, as specified on nearbuy.com’s website and the Voucher.
  • The Merchant is a third party unrelated to Myspadeal.com that sells, supplies and/or provides the Merchant Offering on Myspadeal.com website or mobile application. Myspadeal.com itself does not indulge in any selling activity of Merchant Offerings. Myspadeal.com displays the Merchant Offering on Myspadeal.com website or mobile application and acts as a collection agent for the merchant for Merchant Offerings on the Myspadeal.com website or mobile application. Once a user makes a purchase of the Merchant Offering on Myspadeal.com website or mobile application, Myspadeal.com provides you with a Voucher which will enable you to avail the Merchant Offering.
  • In order to purchase nearbuy.com Vouchers, the User would be required to create an account on the nearbuy.com website or mobile application. This is required so that we can provide you with easy access to print or save your orders or view your past purchases.
  • By making a purchase of Merchant Offering on the website, you get a Myspadeal.com Voucher which enables you to avail the Merchant Offering which you have selected based on Myspadeal.com’s standard Terms of Use and conditions, institution-specific restrictions and on these Terms of Sale.
  • When you go through the procedure for purchasing a Voucher, you are required to accept these Terms of Sale before making payment. Once Myspadeal.com has received the amount due from the customer for Merchant offering (by debit card or credit card or Net Banking or other acceptable modes of payment) the transaction is considered complete, and a contract for purchase is made, at this stage, Myspadeal.com will send an email to you confirming the transaction (which is our acceptance of the transaction).  We keep a copy of the contract with us.  You are welcome to save or print out these Terms of Use and Terms of Sale from our Website as a record.
  • In case of a voucher for Services, once we issue you the Voucher, you may request for a cancellation of the voucher at any time within 7 working days from the day after the day you received the Voucher (a working day is any day that is not a Saturday, Sunday or a Bank Holiday in the Republic of India).
  • If you want to cancel your voucher, you must do so by sending an email at info@myspadeal.com to inform Myspadeal.com of your intention to cancel the Voucher. However, the cancellation request will be denied if the voucher has already been redeemed.
  • All Myspadeal.com Vouchers shall be subject to the standard terms and conditions and specific terms and conditions (as mentioned on the Offer). Myspadeal.com Vouchers are issued on behalf of the Merchants and only such Merchants, to the exclusion of Myspadeal.com, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchants or which arises out of the goods and/or services provided by the Merchants, as well as for any unclaimed property liability arising from unredeemed Myspadeal.com Vouchers.
  • As a condition of purchase, we reserve the right to send you administrative and promotional emails.  We may also send you information regarding your purchases, as well as updates about the Website or Mobile Application and Service and Vouchers as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences or you may write in to us at Customer Support Service, Nearbuy India Private Limited, Building No. 22, LSC, Pushp Vihar, Saket, New Delhi – 110062 or give us a call at our Toll Free number 1800 108 3000. Please see our Privacy Policy for details.
  • Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
  • You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow/encourage anyone else to do so.
  • Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Myspadeal.com’s discretion.
  • The reproduction of a Voucher is prohibited.
  • The commercial trade of a Voucher is prohibited.

Standard Terms and Conditions (for Restaurant Services Myspadeal.com Vouchers).

For the purpose of this section, ‘Restaurant’ shall be defined as an Institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of nearbuy.com Vouchers. In this respect, the following shall constitute as ‘Standard Terms and Conditions’ for redeeming nearbuy.com Vouchers:

  • Myspadeal.com shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant.
  • Myspadeal.com Vouchers are redeemable in their entirety only and may not be redeemed partially or incrementally.
  • Myspadeal.com Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Myspadeal.com Vouchers.
  • “Voucher expiry date” shall be mentioned on nearbuy.com Vouchers for your reference.
  • Use of nearbuy.com Vouchers for drinks shall be at the sole discretion of the Restaurant and is further subject to all applicable laws.
  • It is at the discretion of the Restaurant to determine whether nearbuy.com Vouchers can be combined with any other Restaurant vouchers, third party vouchers, coupons, or promotions and the like.
  • Myspadeal.com Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Myspadeal.com Vouchers are valid for dine-in only unless otherwise stated.
  • The issuing of restaurant credit is at the sole discretion of the Restaurant.
  • Neither Myspadeal.com nor the Restaurant is responsible for lost or stolen Vouchers or the reference numbers mentioned on it.
  • Reproduction, sale or trade of nearbuy.com Vouchers is strictly prohibited.
  • Any attempted redemption not consistent with these Terms of Use, Standard Terms & Conditions and Specific Terms & Conditions mentioned on the Voucher will render the nearbuy.com Voucher void and invalid.
  • The Myspadeal.com Voucher (including, but not limited to, any discounts provided therein) will expire on the date specified on it, and you will not be able to avail the service from the merchant after this date

Restaurants for which the Offers are availed by you will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions.  The responsibility to do so is yours alone.

 Standard Terms and Conditions (for Non- Restaurant Services Myspadeal.com Vouchers).

The following shall constitute as ‘Standard Terms and Conditions’ for redeeming nearbuy.com Vouchers for purchasing Merchant’s goods and/or services from Institutions other than Restaurants:

  • Myspadeal.com shall not be responsible for the quality of products and/or services provided by the Institution, and the same shall be the sole responsibility of the Institution.
  • Myspadeal.com Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
  • Myspadeal.com Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Myspadeal.com Vouchers.
  • Limit one Voucher per redemption. Only one Voucher can be used per visit unless otherwise provided in the Specific Terms & Conditions of the Voucher or as specified by the Institution.
  • The issuing of credit is at the sole discretion of the Institution.
  • Neither Myspadeal.com nor the Institution is responsible for lost or stolen Vouchers or the reference number mentioned on it. nearbuy.com Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.
  • Reproduction, sale or trade of nearbuy.com Vouchers is strictly prohibited.
  • Any attempted redemption not consistent with these terms and conditions will render the Myspadeal.com Voucher void and invalid.

Institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions.  The responsibility to do so is yours alone.

Redeeming your Credits:

To check your Myspadeal.com Credits balance, check your ‘My Account’ page. If you have Myspadeal.com credits in your Myspadeal.com account, you can choose to apply the same at the time of completing your purchase with Myspadeal.com and your payment amount shall be accordingly reduced with the amount of available & applied credits. This is however, subject to the following exceptions:

· Myspadeal.com Credits can be applied only to a qualifying Offer, i.e: an Offer, for payment of which, Myspadeal.com Credits can be applied.

· Myspadeal.com may from time to time provide for Credits’ inapplicability or partial applicability or modify or disable the option to apply Myspadeal.com credits on certain Offers and the details of the same shall be provided on the Offer Page.

· You must complete your purchase of the qualifying Offer to avail the benefit of these credits.

· Any voucher bought using Referral / promotional Credits shall not be eligible for re-validation or refund.

FREQUENTLY ASKED QUESTIONS

Below are the most frequently asked questions we receive about Offers featured on nearbuy.com. Unless stated otherwise in The Fine Print section of the Offer, these answers apply to all Offers on nearbuy.com.

How long do I have to wait to use my Vouchers once I’ve purchased it?

You can use most Vouchers immediately upon purchase.

Do I need to book in advance when using my Vouchers?

Advance booking is essential when redeeming your Vouchers unless otherwise stated. Any further redemption instructions will be included in the Fine Print section.

Do I need to mention nearbuy.com when booking?

Please mention that you are a nearbuy.com customer when booking your session.

How do I print a PDF voucher?

Firstly, how to find your Voucher:

  • Check your email after completing the purchase
  • Not there? Check your junk/spam folder (it may have been redirected there)
  • Checked your junk/spam and still no Voucher? Log on to our website and download the pdf from your account

To download your Voucher in the PDF format please follow the steps below, which apply for any Voucher you purchase:

  • Log on to Myspadeal.com
  • Click on the login button at the extreme right hand corner of the blue ribbon across the page (below the cities listing).
  • Enter your username (the email address registered with us) and your password.
  • Once logged in, please click on the ‘My Orders’ section of ‘My Account’
  • Use the icon below the relevant Voucher to download and print

Can I give this Voucher as a gift?

Yes – you can give your Voucher to whomever you want. Don’t worry if your name is on the Voucher you are gifting—as long as the number hasn’t been used yet, your friend won’t have a problem using it.

The fine print says “Limit 1 per person” and “May buy multiples as gifts.” Can I buy myself some Vouchers as gifts to myself and use more than one?

No. If the fine print says this, you can only redeem one. If you buy more than one then you have to give them away as gifts to other people.

How do I book?

There will be instructions and relevant contact details on your Voucher.

If I order a product, how do I check the status of my order if it hasn’t reached me within the estimated time frame?

Email info@myspadeal.com

If I’m running late for an appointment will they accommodate me?

In most cases the bookings are allocated the amount of time required for the treatment and will usually have appointments back to back so they are likely to be unable to accommodate you if you arrive late. In most cases a minimum of 24 hours-notice is required to amend/cancel a booking. Failing to do so may cause you to forfeit the full or partial value of your voucher.

What is the Cancellation Policy for Service Vouchers?

Within the limits of reason, we’ll do what it takes to make you happy but unless there is something wrong with the purchase. For vouchers related to Services, we do operate a 7-day cancellation period (a working day is any day that is not a Saturday, Sunday or a Bank Holiday in the Republic of India), so if you are unhappy with your purchase, have changed your mind or have purchased too many vouchers/more vouchers than needed please info@myspadeal.com within 7 working days from the date of purchase from the email account registered with us relaying your feedback on the Offer and the codes you wish us to cancel.  Please note that vouchers can not be cancelled after its expiry date or redemption.

What is the Refund policy?

Unless, the Offers are non –refundable in nature and specifically mentioned to be so on the Offer itself, If any of the purchases didn’t match up to your expectations, expired before you redeemed it, or you’ve changed your mind after purchasing it, no worries. Just let us know and we will give you a no-questions-asked reversal. Your feedback though would be highly appreciated, as we are ever eager to learn, happy to respond and believe in constant improvement.

What are the Restaurant policies?

o   Anti-Wastage Policy: Applicable to unlimited Food & Beverage Services

§  Customers will be served 1 portion at a time; replacements will be served after completion of previous serving

§  Customer may be charged at MRP for any dish of which 50% is left over as per the terms specific to Offers.

Contact Us: In accordance with Information Technology Act 2000 and rules made there under, if you have any questions regarding our Terms of Sale, you may contact our Grievance Officer at the details mentioned below:

Last updated: January 5th, 2017

ACCEPTANCE OF TERMS AND CONDITIONS

  • General: By using http://www.nearbuy.com (the “Website” or “myspadeal.com” in this document) or nearbuy mobile application (the “mobile application”), you, the Customer (“you”, “your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, Myspadeal.com India Pvt. Ltd. with our Registered Office at Building No. 22, Pushp Vihar Commercial Complex, New Delhi – 110062  and having CIN: U74900DL2010PTC259391 (“myspadeal.com”, “we” or “us” or “our” in this document) have provided herein for use of nearbuy’s Website or mobile application owned and maintained by us. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks (“Minisites”) with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application. The term Website shall include any or all Minisites, wherever mentioned.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application by providing Registration Data while registering on the Website or mobile application as Registered User using the computer systems or mobile device. myspadeal.com allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Myspadeal.com India Private Limited or myspadeal.com. The terms nearbuy.com and myspadeal.com have been used interchangeably in the document.

  • CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY.  BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.
  • Amendments and changes: We reserve the right to amend these terms and conditions at any time.  All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon myspadeal.com’s posting thereof. Continued use of any of the services provided by myspadeal.com via the Website or mobile application (or via other electronic or other communication from myspadeal.com) including the information services, content and transaction capabilities on the Website or mobile application, including the ability to make a purchase (all of which are called the “Services” in this document) will be deemed to constitute acceptance of the new terms and conditions. myspadeal.com may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

GENERAL

  • User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to myspadeal.com certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner) at the time of making payment. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or myspadeal.com‘s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by myspadeal.com in writing, you may only possess one Account.
  • Territory: The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. myspadeal.com makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India.  If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
  • Website and/or Mobile Application: myspadeal.com provides an interactive online service owned and operated by myspadeal.com through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by myspadeal.com, its holding company and its associates, if any, with whom it has business relationships (“Business Associates”) including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website or mobile application (“Third Party Content Providers”), third parties that provide advertising services to myspadeal.com (“Third Party Advertisers”) and third parties that perform function on behalf of myspadeal.com like sending out and distributing our administrative and promotional emails and text messages (“Third Party Service Providers”).
  • Right to Transfer: The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity.  The User shall be responsible for protecting the confidentiality of User’s password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of nearbuy.com, and nearbuy.com shall not be responsible for any data lost while transmitting information on the Internet.
  • Not on Uninterrupted Basis: While it is nearbuy.com’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of nearbuy.com, access to the Website or mobile application may be interrupted, suspended or terminated from time to time.  nearbuy.com reserves the right, in its sole discretion, to terminate the access to any or all nearbuy.com website(s) and the related services or any portion thereof at any time, without notice. nearbuy.com shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, nearbuy.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

EQUIPMENT

  • User’s Responsibility: The Services and use of the website or mobile application do not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of this Website or mobile application and all charges related thereto.  nearbuy.com shall not be liable for any damages to the User’s equipment resulting from the use of this Website or mobile application.

USER CONDUCT

  • Restrictions: The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:
  • to upload, send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
  • to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
  • to intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

– for a purpose other than which we have designed them or intended them to be used;

– for any fraudulent purposes.

– in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

  • to upload, send or receive any material, which is not civil or tasteful.
  • to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
  • to cause annoyance, inconvenience or needless anxiety.
  • Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
  • resell the Services or Site;
  • furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
  • attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
  • access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
  • execute any form of network monitoring which will intercept data not intended for you;
  • send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
  • create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
  • send malicious email, including flooding a user or site with very large or numerous emails;
  • enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
  • use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;
  • use in an unauthorized manner, or forge, mail header information;
  • engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or
  • copy or use any User Content for any commercial purposes.
  • Any conduct by a User that in nearbuy.com’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with myspadeal.com.
  • myspadeal.com reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase, if your conduct is found to be in question or contravention of such Terms as mentioned above or in this Agreement.

PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES

  • myspadeal.com takes no responsibility for the services and/or products for which myspadeal.com Vouchers may be redeemed. Further, myspadeal.com makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the myspadeal.com Voucher may be redeemed.
  • Some services for which nearbuy.com Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities nearbuy.com takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the nearbuy.com Voucher can be redeemed.

For more information see myspadeal.com’s Terms of Sale.

PROMOTIONAL CODES

myspadeal.com may, in myspadeal.com‘s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that myspadeal.com establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by myspadeal.com; (iii) may be disabled by myspadeal.com at any time for any reason without liability to myspadeal.com; (iv) may only be used pursuant to the specific terms that myspadeal.com establishes for such Promo Code; (v) are not valid for cash; vi) may expire prior to your use; and vii) unless otherwise specified cannot be used more than once. myspadeal.com reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that myspadeal.com determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

INTELLECTUAL PROPERTY RIGHTS

  • myspadeal.com grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by myspadeal.com. All Intellectual Property Rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
  • None of the material listed in the clause above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print / save one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or mobile application without our permission.
  • “myspadeal.com”, the myspadeal.com Logos and variations thereof found on the website or mobile application are trademarks owned by myspadeal.com and all use of these marks inures to the benefit of myspadeal.com. All rights (including goodwill and, where relevant, trade marks) in myspadeal.com’s name are owned by us (or our licensors). Other product and company names mentioned on the Website or mobile application is the trade marks or registered trade marks of their respective owners.
  • The title, Ownership Rights and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
  • Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation which provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
  • All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website or mobile application; (in each foregoing case, these are called “Ideas“) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

  • The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither myspadeal.com, its holding or subsidiaries, Business Associates nor any of their respective employees, agents, and third party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website or mobile application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.
  • The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
  • We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.
  • We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time.  Your access to the Website or mobile application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore such access as soon as we reasonably can.  We assume no responsibility for functionality which is dependant on your browser or other third party software to operate.  For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.
  • We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
  • This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that nearbuy.com is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
  • In no event shall nearbuy.com, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and mobile application.
  • In addition to the terms set forth above, neither myspadeal.com, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
  • We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Offer price paid or payable to you under this Agreement.
  • nearbuy.com shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

MONITORING

  • nearbuy.com shall have the right, but not the obligation, to monitor the content of the Website or mobile application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website or mobile application, to determine compliance with this Agreement and any operating rules established by myspadeal.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing,myspadeal.com shall have the right to remove any material that nearbuy.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

PRIVACY

  • The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. nearbuy.com does not control or endorse the content, messages or information found in any Communities, and, therefore, nearbuy.com specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by myspadeal.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website or mobile application, User grants myspadeal.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see myspadeal.com’s Privacy Policy.

LICENSE GRANT

  • By posting communications on or through this Website or mobile application, the User shall be deemed to have granted to myspadeal.com, a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

INDEMNIFICATION

  • The User agrees to defend, indemnify and hold harmless myspadeal.com, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of (i) the use of this Website and/or the mobile application by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website or mobile application through your password; or (iv) any breach of this Agreement by you.

TERMINATION

  • myspadeal.com may terminate this Agreement at any time. Without limiting the foregoing, myspadeal.com shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which myspadeal.com, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
  • One User can have only one Account with a unique e-mail ID and unique phone number. If myspadeal.com has any suspicion or knowledge that any of its Users have created multiple Accounts  with different e-mail addresses or phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable email addresses or disposable phone numbers) to generate additional cash back credits or misuse or take undue advantage of the promotional benefits being provided on the myspadeal.com Platform, then myspadeal.com may while reserving its rights to initiate civil and/or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and/or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.
  • All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, License Grant, Indemnification and Termination above will survive termination of this Agreement.
  • Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

THIRD PARTY CONTENT

  • myspadeal.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, myspadeal.com has does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of myspadeal.com.
  • Neither nearbuy.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
  • In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with myspadeal.com. myspadeal.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized myspadeal.com employee/spokespersons while acting in official capacities.
  • Under no circumstances will nearbuy.com be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.
  • The Website contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by nearbuy.com of the contents on such third-party websites and nearbuy.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
  • Unless you have executed a written agreement with myspadeal.com expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. myspadeal.com reserves the right to revoke its consent to any link at any time in its sole discretion.

ADVERTISEMENT

  • myspadeal.com may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
  • You are free to select or click on advertised goods and services or not as you see fit.
  • Any advertisements may be delivered on our behalf by a Third Party Advertiser.
  • No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognise a unique “cookie” on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy for more information.

FORCE MAJEURE

  • Without prejudice to any other provision herein, myspadeal.com shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond myspadeal.com’s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of myspadeal.com’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

MISCELLANEOUS

  • This Agreement, our Terms of Sale and our Privacy Policy (including our Cookie policy) constitutes the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
  • No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
  • The section headings used herein are for convenience only and shall be of no legal force or effect.
  • If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
  • All provisions of this Agreement apply equally to and are for the benefit of myspadeals.com, it subsidiaries, any holding companies of myspadeals.com, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
  • myspadeals.com’s headquarters are in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Delhi.

PRODUCTS/SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT

We want to list the products and services of genuine sellers on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Seller’s valuable trust.

We do not and cannot verify if the Sellers have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by-products listed on myspadeal.com is encouraged to report the same to the Grievance Officer.

CONTACT US

In accordance with Information Technology Act 2000 and rules made there under, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our Grievance Officer at the details mentioned below:

Please note that myspadeals.com has defined and published the Terms and Conditions of Use (including its Privacy Policy and Cookie Policy for accessing or using www.myspadeals.com website in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This document is framed in accordance with Information Technology Act, 2000, rules framed there under and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record which is generated by a computer system and does not require any physical or digital signatures.