This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform is owned by Markplace E-Services Private Limited a company incorporated under the Companies Act, 1956 with its registered office at No. 69, Happy Garden Layout, Kithaganur Village, Bidarahalli Road, KR Puram, Bangalore - 560036, Karnataka, India (hereinafter referred to as "ToNearMe").
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. ToNearMe reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to ToNearMe’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that ToNearMe shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that Users utilise to meet and interact with one another for their transactions. ToNearMe is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
At no time shall ToNearMe hold any right, title or interest over the products nor shall ToNearMe have any obligations or liabilities in respect of such contract.
ToNearMe is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Select products offered by sellers may be eligible for business purchases on the Platform.
Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Platform is free for buyers. ToNearMe does not charge any fee for browsing and buying on the Platform. ToNearMe reserves the right to change its Fee Policy from time to time. In particular, ToNearMe may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event ToNearMe reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Markplace E-Services Private Limited.
Use of the Platform
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorised copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
Contents Posted on Platform
You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ToNearMe does not warrant that:
This Platform will be constantly available, or available at all; or The information on this Platform is complete, true, accurate or non-misleading.
ToNearMe will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. ToNearMe does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. ToNearMe reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Payment Facility for Buyers:
Compliance with Laws:
Buyer's arrangement with Issuing Bank:
ToNearMe's Replacement Guarantee*
ToNearMe's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (ToNearMe's Replacement Guarantee) depends on the product category and the seller. Kindly know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions
Following products shall not be eligible for return or replacement:
If ToNearMe has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, ToNearMe may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on ToNearMe will not be allowed to return their products.
ToNearMe reserves its right to initiate civil and/or criminal proceedings against a user who files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ToNearMe may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Digital Content: Music
Music (MP3 format): Only certain short listed Seller (at the sole discretion of ToNearMe) shall be entitled to sell Music (MP3 format) on the Platform. You may be able to purchase DRM-free digital music in MP3 file format on the Platform from the respective Sellers. Such MP3 music files shall be provided to You as per selection provided by Seller, subject to certain limitations as described by the Seller. You shall be granted specified download rights of DRM-free MP3 music files from the catalogue of MP3 music displayed on the Platform. The MP3 music may include full-length MP3 audio tracks at best available bit rate and certain other premium features, as may be provided on the Platform by respective Sellers from time to time.
Territory: Currently You can purchase downloadable digital MP3 music only through the Platform and Flyte Music Application as may be made available from time to time on the Platform, only within the territory of India.
Explicit Consent: You agree that we shall have no liability to You for the MP3 music file downloaded by You on the Platform if You find the same to be offensive, indecent or objectionable and expressions through the audio files are not subscribed by us.
Cash on Delivery as a mode of payment is not available for purchasing MP3 music on the Platform currently.
All Sales Final; Downloading and Risk of Loss; Availability of MP3 music files: All sales of MP3 music files are final. Returns of MP3 music files are not permissible on Platform. Once You have purchased MP3 music files, ToNearMe encourages You to download it promptly. If You are unable to complete a download, please contact customer service within 6 hours of the payment.
Further ToNearMe assumes no liability if your media player does not support the file format made available by the Seller on the Platform or your browser does not support the music download application / software available by the Seller on the Platform, by whatever name called.
You bear all risk of loss after purchase and for any loss of MP3 music files You have downloaded, including any loss due to a computer or hard drive crash.
Seller may, from time to time, at its sole discretion, remove MP3 music files from the Service without notice.
Your request to download a MP3 music file is personal to You, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other User. The licence to downloaded tracks includes only those rights explicitly stated herein (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner. You shall promptly notify Us in writing upon your discovery of any unauthorised use or infringement.
Software: Seller may make available to You, from time to time, software for Your use in connection with the download of MP3 music files (any and all such software, individually and collectively, the "Software").
You may use the Software only in connection with the download of MP3 music files on the Platform. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Digital Content: eBooks
ebook (ePub format): You will be able to purchase DRM-encrypted eBooks in ePub file format on the ToNearMe Platform and the Flyte eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Platform.
Download rights: You will need to be registered with ToNearMe to make an ebook purchase. The eBooks which you purchase from the ToNearMe Platform or Flyte eBooks application shall be added in your ToNearMe eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the Flyte eBooks Application only.
Flyte eBooks application: Flyte eBooks application will enable you to read the digital books purchased from the Flyte eBooks store, on your mobile or tablet devices. The app also has an in-app Flyte eBooks store where the user can quickly purchase eBooks. The Flyte eBooks app will be available on the Android platform. The Android app will be compatible with both mobiles and tablet devices. You can download the Flyte eBooks android app for free from the ToNearMe Platform and also Google Play.
Territory: Currently you can purchase downloadable eBooks only through the Platform and Flyte eBooks Application as may be made available from time to time on the Platform, only within the territory of India. You have to be within the Indian Territory to even download the already purchased files from your ToNearMe eBooks library.
DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The Flyte DRM specifications restrict the following permissions:
Side-Loading (from one device to other)
Read out aloud
Number of distinct devices for file downloading
Social media sharing
You represent, warrant and agree that you will use the ebook only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, licence or otherwise transfer or use ebooks.
You are not granted any synchronisation, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebooks. You acknowledge that the ebook embodies the intellectual property of a third party and is protected by law.
Explicit Consent: You agree that we shall have no liability to you for ebooks downloaded by You on the Platform or Flyte Apps if you find the same to be offensive, indecent or objectionable.
Payment: The Price List for each downloadable ebook displayed on the Platform represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such a downloadable ebook using one of the payment options available on the Platform.
The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.
ToNearMe will allow the user to buy an ebook using the following forms of payments.
--> Credit Cards
--> Internet Banking
--> Debit Cards
--> any other mode of payment, as may be decided and made available on the Platform.
Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for purchasing ebooks on the Platform currently.
Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.
All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment. The ebook will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The eBooks will also be replaced in cases of genuine technical errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice.
Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Platform is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Platform for licence of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Markplace E-Services Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The licence to downloaded eBooks includes only those rights explicitly stated herein (typically, the right to read the ebook in Flyte eBooks Application), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorised use or infringement.
Software: We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software").
You may use the Software only in connection with the download of eBooks on the Platform. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Digital Content: ToNearMe Ideas
Digital Content: ToNearMe Video
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. ToNearMe makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and ToNearMe is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by ToNearMe and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
ToNearMe respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to ToNearMe at firstname.lastname@example.org
ToNearMe does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Bathrinath M
No. 69, Happy Garden Layout, Kithaganur Village, Bidarahalli Road, KR Puram, Bangalore - 560036, Karnataka, India
Phone: +91 90805 41292
Time: Mon - Sat (09:00 - 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints
ToNearMe prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
ToNearMe will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
ToNearMe shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if ToNearMe is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, ToNearMe shall have the right to delete the customer review. ToNearMe shall also, at its sole discretion, have the right to blacklist the customer from posting any further customer reviews.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.
If ToNearMe has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then ToNearMe may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
ToNearMe reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ToNearMe may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
For more details related to Replacement Policy, refer to s/help/cancellation-returns
Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the ToNearMe Platform. Following situations may arise:
Return could also result in a refund of money in most of the cases.
Points to be noted:
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:
In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.
In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favour of the Buyer.
Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:
Should be included
Clothing and Footwear
Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care
Should be "New & Unopened"
Sports & Equipment
Should be "New" and returned with original packaging
Should be "New" and returned with original packaging
Should be "New" and returned with original packaging
If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.
Shipping cost for returning the product shall be borne and incurred by the Seller.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
Points to be noted:
Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:
In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.
All shipping and other replacement charges shall be borne and incurred by the Seller.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on ToNearMe. However there may be some cases where both the Buyers and Sellers may face issues. At ToNearMe, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can contact us, while the Seller can write to email@example.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then ToNearMe will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, ToNearMe will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied with the resolution provided by the Seller.
The buyer can contact us if the issue with the Seller is not resolved. ToNearMe's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, can a dispute be registered.
CS team will not facilitate a conference call, CS team acts as the bridge between customer and seller.
When a dispute has been raised, ToNearMe may provide both the parties access to each other's Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from ToNearMe for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on ToNearMe are eligible for the Buyer Protection Program.
Buyers can file a dispute within 45 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with ToNearMe by contacting us
Fraudulent charges and claims are not covered under Buyer Protection Program
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on ToNearMe. If the claim was withdrawn, it is not counted. The coverage amount will be limited to â‚¹50,000
Through the Buyer Protection program, ToNearMe does not provide any guarantee/warranty to Buyers for products sold on ToNearMe against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. ToNearMe shall verify the disputes so raised and may process only such claims that are valid and genuine.
ToNearMe shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
ToNearMe reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ToNearMe may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by ToNearMe under the Buyer Protection Program shall be final and binding on its Users.
ToNearMe reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, ToNearMe shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
ToNearMe Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by ToNearMe" and failing to do so Seller will be liable for chargebacks (as applicable).
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by ToNearMe. ToNearMe encourages its Users to be professional, courteous and respectful when communicating by email.
However, ToNearMe will investigate and can take action on certain types of unwanted emails that violate ToNearMe policies.
Threats of Bodily Harm - ToNearMe does not permit Users to send explicit threats of bodily harm.
Misuse of ToNearMe System - ToNearMe allows Users to facilitate transactions through the ToNearMe system, but will investigate any misuse of this service.
Spoof (Fake) email - ToNearMe will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - ToNearMe's spam policy applies only to unsolicited commercial messages sent by ToNearMe Users. ToNearMe Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of ToNearMe - ToNearMe prohibits email offers to buy or sell listed products outside of the ToNearMe Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
ToNearMe policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
ToNearMe does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which ToNearMe assumes no responsibility for examining or evaluating the products and services offered by them. ToNearMe does not warrant the offerings of any of these businesses or individuals or the content of such third party Platform(s). ToNearMe does not endorse, in any way, any third party Platform(s) or content thereof.
Contacting the Seller
At ToNearMe we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages.