Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you (the business owner) and “Neighbore”.
This following sets out the terms and conditions on which you may use Neighbore Business (otherwise known as NBiz) application, Neighbore application, the content on website www.neighbore.com and other digital contents owned by “Neighbore”, all the services herein will be referred to as Services.
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued accessing of the Service after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.
You can find a description of our Service options on our website and mobile application, and we will explain which Service options are available to you when you create an NBiz (Neighbore Business) account. Certain options are provided to you free-of-charge. The Neighbore Business Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Neighbore Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Neighbore Technologies for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service
Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian. Please read all notices and any Additional Terms carefully when you access the Services.
If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have the full legal authority to bind such entity to these terms.
Neighbore Technologies grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
By
using our Services, you agree on behalf of yourself, your users and
your attendees, not to modify, prepare derivative works of, or
reverse engineer, our Services; knowingly or negligently use our
Services in a way that abuses or disrupts our networks, user
accounts, or the Services; transmit through the Services any
harassing, indecent, obscene, fraudulent, or unlawful material;
market, or resell the Services to any third party; use the
Services in violation of applicable laws, or regulations; use
the Services to send unauthorized advertising or spam; harvest,
collect, or gather user data without their consent; or
transmit through the Services any material that may infringe the
intellectual property, privacy, or other rights of third parties.
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Neighbore will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
To use certain features of our Services, you may be required to create a Neighbore account (an "Account") and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Neighbore if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. NEIGHBORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEIGHBORE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM NEIGHBORE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT NEIGHBORE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NEIGHBORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL NEIGHBORE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
We do our best to ensure that the information on the website and mobile applications (together, the “Site”) is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at anytime without notice. We make all reasonable efforts to accurately display the attributes of the products listed in the Site. But we do not warrant the accuracy or completeness of the information, content or materials provided through the Site
The inclusion of any products or services on the Site at a particular time does not imply warrant that these products or services will be available at any time. We reserve the right to discontinue the product at any time.
You acknowledge that we or our licensors retain all proprietary right, title, and interest in the services, our name, logo or other marks (together, the "Neighbore References"), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the Neighbore References or is similar to any of these.
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account(“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Neighbore the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Neighbore. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about Neighbore or our Services that you provide to us are entirely voluntary, and you agree that Neighbore may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
Neighbore respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Neighbore’s Agent by contacting business.support@neighbore.com
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Neighbore for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via any of the private messaging systems like email, SMS or any other system available.
You may order Services using our then-current ordering processes (“Order”). All Orders are effective on the earlier of (i) the date you submit your Order, or (ii) the date on the signature block of the Order (“Effective Date”). Acceptance of your Order may be subject to our verification and credit approval process. Each Order shall be treated as a separate and independent Order. A Purchase Order is required for non-digital payment transactions over Rs. 10,000/-, or equivalent unless the Customer does not require a Purchase Order as part of its purchasing process.
You agree to pay all applicable, undisputed fees for the Services on the terms set forth on the invoice. Except as set forth in Section “Suspension and Termination” below or in the Service Descriptions, any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will not agree to submit invoices via any customer procure-to-pay online portal or Electronic Data Interchange (EDI) portals. We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you.
Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales and special promotional offers in our sole discretion.
You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may, on notice to you, suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, or any other fees as may be applicable in the location in which the Services are being provided and similar taxes or fees (collectively, “Taxes and Fees”) imposed by any government entity or collecting agency based on the Services, except those Taxes and Fees based on our net income, or Taxes and Fees for which you have provided an exemption certificate. Additionally, if you do not satisfy your Tax and Fees obligations, you agree that you will be required to reimburse us for any Taxes and Fees paid on your behalf, and we may take steps to collect Taxes and Fees we have paid on your behalf. In all cases, you will pay the amounts due under this Agreement to us in full without any right of set-off or deduction.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to business.support@neighbore.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Neighbore breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and the option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service to calculate the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
In order for Seller to start listing Products on the Site, Neighbore will open on Seller’s behalf a Seller Marketplace account on the Seller portal (NBiz). The Seller will be required to setup the Seller storefront and upload all necessary content for the site go live within (3) three weeks from the date of opening of account. If Seller fails to take any such actions within the aforementioned period, Neighbore may suspend the account. The suspended account can be reactivated by contacting Neighbore business support and by making reactivation charges, if any, which will be applicable at the time of reactivation.
License for Content. By entering into this Agreement and listing a Product, Seller grants, as well as represents and warrants that it has the right to grant to Neighbore and its Affiliates a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute Seller Content throughout the Site and all Affiliate properties.
License for Marks. Seller hereby grants Neighbore, its Affiliates and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit, and display Seller's name, trademarks, service marks and logos ("Seller's Marks") during the Term in connection with, or for the promotion of, the Marketplace Program or for internal purposes. All such uses of the Seller’s Marks will be subject to the brand guidelines which Seller provides to Neighbore.
Content.
Seller agrees and warrants that any and all Seller Content: will
be truthful, accurate, and not misleading or otherwise deceptive;
will not violate the intellectual property rights of any third
party such as copyright, patent, trademark, trade secret or other
proprietary rights, rights of publicity or privacy; will not
violate any applicable Laws; will not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; and
will not create liability for Neighbore. Seller agrees that any and
all Seller Content may be publicly displayed by Neighbore as
Neighbore sees fit and at no charge to Neighbore. Seller will only
provide Seller Content for Products that fit into the categories or
parameters approved in writing by Neighbore. Seller may provide
Neighbore with Seller Content for Products in additional categories
or parameters only upon the prior written consent by Neighbore
(which may be given by email). If Seller receives Customer ratings
or reviews for its Products directly or through third parties, then
Neighbore and Seller may mutually agree to have Seller provide such
ratings and reviews to Neighbore as part of the Seller Content.
Excluded Products.
You hereby represent and warrant that you will not list, offer or
sell Products that: are stolen, replicas, counterfeits or
unauthorized copies; violate the intellectual property rights of
others such as copyright, patent, trademark, trade secret or other
proprietary rights, rights of publicity or privacy; You do not
have full right and authority to sell; contain any viruses,
Trojan horses, worms, or other computer programming routines that
may damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; violate
any Laws, including those governing export control or consumer
protection); contain any material that is obscene, pornographic
or that contains child pornography; represent a potential danger
for the health or well-being of the Consumers without having the
appropriate regulatory approvals and agreeing with and accepting the
Regulatory Compliance Addendum attached hereto as Exhibit
A, and/or create
liability for .
At its sole discretion,Neighbore
may require Seller’s complete Product catalog for review.
Authenticity
/ Authorization. All Products that bear a company’s
official brand or logo can be listed on the Site as long as the
Products are sold directly by the brand owner or from an authorized
reseller. Seller will maintain adequate processes and procedures for
conducting diligence to assure that Products are authentic,
authorized for sale, and not stolen, counterfeited, replicas,
unauthorize copies, illegal or misbranded. Upon Neighbore's request,
Seller will promptly provide Neighbore with certificates of
authenticity (or similar documentation) for Products and
documentation showing that Seller is permitted to sell specific
brands or Products on Site.
Penalties. If the Seller fails to provide the required documentation, Seller may be removed from the Site, and may be subject to a range of other actions, including but not limited to suspension of their Seller Marketplace account and removal of their Products from the Site.
The monthly fees and commissions (“Fees”) payable by Seller to Neighbore in order to list and offer Products on the Site are as set forth hereto in Exhibit B. The parties agree that Neighbore may revise and adjust the Fees every six (6) months, and such adjusted Fees shall become applicable upon thirty (30) days prior written notice to Seller (which may be given via email).
Seller
hereby appoints Neighbore as its agent for accepting and processing
payment from Customers on Seller’s behalf, for all non cash on
delivery orders. Seller authorizes Neighbore to receive payments on
its behalf and deliver such payments on a weekly basis, net of
agreed-upon Fees and/or other amounts owed by Seller to Neighbore
(such resulting amount, "Seller Payment"), to Seller’s
designated bank account in accordance with its instructions. Seller
represents and warrants that each payment that it directs Neighbore
to process through the Service is for the completed and fulfilled
sale of goods or services from Seller to a Customer. Merchant agrees
and acknowledges that: once Neighbore receives payment from a
Customer, Seller will treat the Customer as if Seller has itself
received the funds, regardless of whether Seller actually receives
the payment from Seller, and its sole recourse for nonpayment by
Neighbore is against Neighbore, and it will not seek any return,
refund or payment directly or indirectly from Customers in the event
of nonpayment by Neighbore. Neighbore reserves the right to offset
any overpayments to Seller against any future Seller Payments.
Neighbore may modify the schedule of payments from time to time upon
prior notice to Sellers.
Withholding of Payment. Neighbore may withhold the payment of funds to You or return funds to Customers, if the Seller is the subject of an investigation, or there is a Claim against You, for any suspected or alleged wrongful conduct or any violation of this Agreement. Neighbore will not be liable to You for any such amounts.
Orders. Seller will be the merchant of record. Customers purchasing Products through the Site will place orders using the Neighbore checkout system and Neighbore will collect all proceeds from all non cash-on-delivery transactions, including shipping costs and applicable taxes based on shipment options and tax designations provided by Seller to Neighbore. The Customer is the purchaser of record. Neighbore will electronically transmit to Seller the order information (e.g. Customer full name, shipping address, and contact number and email address) ("Transaction Information") that Neighbore determines Seller needs to fulfill each order, including without limitation, shipping Product(s) to Customers and providing Customer service. Neighbore will send an automated email and/or SMS message to each Customer confirming receipt of an order. Seller will provide Neighbore with Seller's Customer service contact information which Neighbore may include in such confirmation email and/or on the Site.
Risk of Fraud and Loss. Seller’s bears the risk of all fraud except for credit card chargebacks resulting from unauthorized payments. Seller will be responsible for all costs related to fraud under any other circumstance, and all chargebacks related to Products sold and Product fulfillment and delivery. For all credit card chargebacks for which Seller bears the risk, Neighbore will offset such chargeback amounts against amounts otherwise owed to Seller or send Seller an invoice and Seller will pay such invoice within thirty (30) days of receipt.
Fulfillment
of orders. Once Neighbore has transmitted an order to
Seller, Seller will at its own expense, be solely responsible for,
and bear all liability for, the fulfillment of the order, including
without limitation, packaging and shipping of Products, securing the
services of and payment of any freight forwarder or customs broker
service charges (as may be required for any particular shipment),
import or export duties or taxes (as applicable), and Customer
service. Seller agrees that legal ownership and all risk of loss of
the Products remains with Seller until the Customer receives the
Product from Seller. If Seller cannot fulfill the entire quantity of
a purchase order (PO) line in a single order, then the Seller will
cancel that PO line, fulfill all other lines in the order and
immediately notify Neighbore of such cancellation. If the order
consists of one PO line that Seller cannot fulfill the entire
quantity for, then Seller will cancel the entire order and
immediately notify Neighbore. Seller will ship only the Product
purchased by the Customer and will not include any additional
Products, substitute Products, materials or information not
purchased by the Customer, other than those materials included in
all shipments sold by Seller as long as such materials do not in any
way promote other third-party marketplaces.
Shipping. Seller is
responsible for properly specifying shipping options for all
Products in its Item File, and for properly handling all returns,
including without limitation, those for Products that have unique
requirements for shipping and return handling, including without
limitation, hazardous materials or perishable Products to the extent
such Products are permitted to be sold on the Site. Seller must
offer a 2-day shipping option to Consumers who purchase on the Site.
Seller will provide Neighbore with the shipping, handling, and
any other charges for each Product, separate from the purchase
price, in accordance with Neighbore's shipping calculation
functionality. Seller will accept payments from Neighbore based on
the specified shipping charges as full payment for the shipping of
such Products to the Customer. Seller will ship Products ordered
by Customers by placing the ordered items into the custody of the
appropriate shipping agency or freight forwarder within one (1)
business day or less following notification of the order. Seller
will provide notice of shipment to Neighbore through the Seller’s
interface on the Marketplace, and Seller hereby represents and
warrants that it will only provide notification of shipment
following actual shipment of the Product. If Neighbore does not
receive order acceptance within 2 business hours or the max delivery
time provided by the Seller, whichever is earlier, the order may be
cancelled by Neighbore and Seller will be responsible for all costs
associated with such cancelled order. If Shipment notification from
Seller within the permissible time period from the placement of
order, the order may be cancelled by Neighbore and Seller will be
responsible for all Product costs and shipping costs associated with
such cancelled order. The permissible time for order acceptance and
shipping will derived by Neighbore from the order delivery time
provided by Seller during the shop setup Seller will maintain an
on-time shipment rate of 95% or higher.
Responsibilities. Seller is responsible for processing all Customer cancellations, returns, refunds, and/or Customer Service price adjustments. Seller will provide Neighbore with its Customer return, refund and price adjustment policies ("Customer Service Policies") for display on the Site. Seller's Customer Service Policies for Products sold through the Site will be no less favorable to Customers than Seller's most favorable policies offered on Seller's own site or on other third-party marketplaces where such Products are offered for sale or on Seller’s offline ship. Notwithstanding the foregoing, Seller initial response time to Customers shall be within 30 minutes and Seller must maintain a Customer feedback of 4.0 stars or higher (out of 5.0 stars). If Seller does not provide such Customer Service Policies to Neighbore prior to the Effective Date, then Seller shall be deemed to have adopted Neighbore's standard customer service policies as may be adopted and/or revised from time to time. Seller shall notify Neighbore of any material changes to Seller's Customer Service Policies at least fourteen (14) days prior to Seller's implementation of such changes, provided, however, that any such changes shall not be effective with respect to orders until the revised Seller Customer Service Policy has been posted on the Site.
Cancellations. Seller will maintain a cancellation rate due to Seller’s error or fault of 3.0% calculated on a rolling thirty (30) day period.
Refunds. For non cash-on-delivery orders, Neighbore will whenever possible provide refunds to Customers via the method of payment used by the Customer (most often the Customer’s credit card) for Products not received or sufficiently different from their Product description. For all cash-on-delivery orders, Seller will provide refund to Customers via the method of payment used by the Customer or using any other payment method as agreed with the customer. Seller will provide Neighbore with the necessary information to process such refunds, such as the reason code and/or any special instructions. Neighbore will refund to Seller the amount of the Commission Fee attributable to the amount of the Customer refund (excluding any refunded taxes); provided that Neighbore shall have no liability for refunds offered by Seller in excess of the purchase price. Seller will be responsible for all other forms of refund, such as store credit or exchanges, which shall be offered according to the Seller’s own Customer Service Policy. If Seller provides Customer directly with a refund, Neighbore shall retain the full amount of the Commission Fee attributable to such Customer refund. If Neighbore makes a cash refund to a Customer for a Product returned to Seller, Neighbore in its sole discretion, will obtain a refund of the Seller Payment received by Seller for such returned Products either via (i) offset of any amounts payable by Neighbore to Seller or (ii) by billing Seller for such amounts.
Seller will maintain parity between
the Products it offers through the Seller’s own site or other
third party marketplaces, and ensure that at all times: the
purchase price and every other term of the listing (including
associated shipping and handling charges and options, any "low
price" guarantee, rebate or discount, any free or discounted
Products or other benefit available as a result of purchasing one or
more other products, and terms of applicable return and refund
policies) is at least as favorable to Consumers as the most favorable
terms offered by Seller through its own site, offline shop or on any
other third party marketplace; the Product selection available on
the Site will be comparable to the Product selection available on
Seller’s own site or other third party marketplaces;
Customer service for Products is as responsive and available and
offers at least the same level of support as the most favorable
Customer service offered by Seller on Seller’s own site or on
any other third party marketplace. Regardless of the foregoing,
initial response time shall be within twenty four (24) hours; the
Seller Content provided by Seller to Neighbore for the Site (i) is of
at least the same quality as the highest quality information
displayed or used on the Seller’s own site or provided by
Seller to any other third party marketplace and (ii) provides users
of the Site with at least as much Product information, images and
other content as the information provided by Seller on Seller own
site or any other third party marketplace. If Seller becomes aware of
any non-compliance with (a) above, Seller shall promptly notify
Neighbore and compensate adversely affected Customers in accordance
with the procedures set forth for providing Customers with refunds.
Neighbore shall own all Transaction
Information. Seller may only use Transaction Information to further a
transaction related to this Agreement, in accordance with the terms
of this Agreement, Neighbore's Privacy Policy and all applicable Law.
Seller will not disclose or convey any Transaction Information to
any third party (except as necessary for Seller to perform its
obligations under the Agreement); use any Transaction
Information to conduct Customer surveys or for any marketing or
promotional purposes; contact a Customer that has ordered a
Product that has not yet been delivered with the intent to collect a
payment in connection therewith or to influence such Customer to make
an alternative or additional purchase; or target communications
of any kind on the basis of the intended recipient being a Consumer.
Neighbore may use mechanisms that rate or review, or allows Consumers to rate or review Seller's Products and Seller's performance, and Neighbore may make these ratings publicly available. Neighbore will have no liability to Seller for the content or accuracy of any ratings or reviews. Seller shall have no ownership interest in or license to use any rating or reviews posted on the Site.
Seller will use appropriate internal information security practices to prevent the compromise of its information systems, computer networks and data files by unauthorized users, viruses or malicious computer programs which could in turn be transmitted to Neighbore or compromise the security of Neighbore Confidential Information, including without limitation, the Transaction Information. Seller shall promptly notify Neighbore of any breach and take all necessary actions to remediate the breach. Seller shall be responsible for any costs, damages or legal notification procedures resulting from any breach of this Section.
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Maharashtra, India shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by ‘Neighbore’ and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Pune, Maharashtra. The High Court of judicature at Mumbai, Maharashtra alone shall have the jurisdiction and the Laws of India shall apply.
This Agreement is the complete and exclusive agreement by and among the Parties with respect to the subject matter hereof, superseding any prior agreements and communications regarding such subject matter. If you have any questions or concerns regarding this Agreement, please contact us at business.support@neighbore.com.
This regulatory compliance addendum (“Regulatory Compliance Addendum”) contains specific provisions that apply to Sellers that participate in the Neighbore Marketplace Program. All capitalized terms used but not expressly defined herein shall have the meaning ascribed to them under the Agreement.
Compliance. Seller hereby represents and warrants that Seller has full legal authority to offer for sale or cause to be sold Seller’s Products on the Site, including but not limited to having: obtained all necessary licenses and certifications and/or received necessary government approval. Seller further represents and warrants that Seller is in full compliance with applicable Laws and regulations with respect to Seller’s Products and Seller will continue to comply with any changes to applicable Laws and regulations. It is Seller’s responsibility to determine applicable Laws and regulations to Seller’s Products and to stay up to date on any changes, new regulations or laws applicable to Seller’s Products.
Product Safety. Seller hereby represents and warrants that all Seller’s Products offered for sale on the Site comply with all applicable product safety regulations. Seller shall ensure that the Seller Content contains all necessary labels, warnings, disclaimers, and any other similar notices required by applicable Laws with respect to the Products.
Product Recalls. Seller hereby represents and warrants that Seller will not offer for sale, sell, or cause to be sold on the Site any Products that do not comply with applicable safety regulations or have been recalled. Seller will promptly remove any Products that are determined to violate applicable safety regulations or are recalled after Seller initially offered such Product for sale.
Communications. Seller will promptly notify Neighbore in writing of any changes to applicable Laws or regulations that may impact Seller’s Products being sold on the Site. Seller will also promptly notify Neighbore in writing of any government communication, investigation, or action relating to Seller’s Products available on the Site.
Records. Seller will promptly provide proof of compliance with applicable laws and regulations when requested by Neighbore. Seller will retain all relevant proof of compliance, including but not limited to: licenses, certifications, government approvals, and safety inspections for at least five (5) years or the period required by law, whichever is greater.
Penalties. If Neighbore determines, at is sole discretion, that a Product may represent a risk of injury to a Customer, Neighbore may take a range of actions, including but not limited to, request additional information from Seller, place relevant warnings on the Product listing, remove Products from the Site, suspend Seller’s Marketplace account and contact applicable governmental agencies.
This Addendum is hereby incorporated into and made part of the Agreement. To the extent that the terms of this Addendum conflict with the terms of the Agreement, this Addendum shall control, but only with respect to the matters set forth herein. Except as expressly amended by this Addendum, all terms and provisions of the Agreement shall continue and remain in full force and effect and binding upon the Parties.
IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives as of the Addendum Effective Date
Setup Fee. Neighbore does not charge any setup fee if the Seller sets up the shop front without assistance from Neighbore support staff. But if the Seller opts for Neighbore’s Assisted Set-up plan, a one-time set-up fee (“Setup Fees”) of Rs. 500/- will be charged to the Seller.
Fixed Fee. Neighbore Business platform (NBiz) is offered to the Seller as a free to use application. But certain features of Neighbore can be accessed by the Seller only by becoming a Premium Seller by paying a recurring fee (“Fees”). These premium features are listed in the Site and available for the Seller for review. The Fees will be charged to premium Seller's account balance maintained with Neighbore prior to the start of the Term. The Fees varies depending on the duration of the Term as set forth below.
| Term | Fees |
|---|---|
| Two(2) year | 1600/- |
| One(1) year | 1200/- |
| Six(6) months | 800/- |
| Three(3) months | 500/- |
| One(1) month | 200/- |