The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “User”, “Vendor” “You” and “Your” refers to you, the person accessing this app and accepting the Company’s terms and conditions. “The Company” App”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Vendor and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Vendor in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Vendor or user’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You must not: Republish material from http://www.nearexpirydeals.com Sell, rent or sub-license material from http://www.nearexpirydeals.com Reproduce, duplicate or copy material from http://www.nearexpirydeals.com Redistribute content from Nearexpiry Limited (unless content is specifically made for redistribution).
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our app. You agree to immediately remove all links to our app upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our app, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our app or any linked app objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this app is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the app remains available or that the material on the app is kept up to date.
We shall have no responsibility or liability for any content appearing on your app. You agree to indemnify and defend us against all claims arising out of or based upon your app. No link(s) may appear on any page on your app or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our app and the use of this app (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a)are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the app and all the information on the app are provided free of charge, we will not be liable for any loss or damage of any nature.
Kindly note that we do not allow upload of expired products.
The parties agree as follows:
Pursuant to the terms and conditions of this Agreement, the App agrees to provide all technical support required by the Vendor to carry out business with respect to the sales of shortdated items as agreed by the Parties in this Agreement.
A. Vendor Obligation:
Description of Goods sold:The Vendor undertakes the responsibility to upload ONLY short-dated products on the App. Shortdate items shall be limited to product with expiry dates, not more than 12 months from the intended date of upload. The vendor undertakes not to upload hard drugs, marijuana products and tobacco products (including e-cigarettes) or any other banned substance capable of causing abuse.
Purchase Price: As consideration for the sale of the goods, the Vendor shall ensure that a reasonable price (otherwise referred to as Nearexpirydeals offer) to elicit interest from prospective purchasers is fixed. The app allows for further price adjustments as the expiry date draws nearer
Product Listing: The Vendor Undertakes not to in any circumstance upload any expired products, hard drugs, marijuana products and tobacco products (including e-cigarettes) or any other banned substance capable of causing abuse on the App. A violation of this would lead to immediate sanctions including but not limited to suspension of the Vendor. All Products listed by the vendor must be available at the outlet and all products sold out must be removed from the app.
Delivery of Goods/Pick-up: Upon receipt of Nearexpirydeals Confirmation Code (NCC) by the Vendor via sms, items bought are expected to be removed from the shelf by the Vendor in anticipation for pick-up by the buyer or for delivery by designated Nearexpiry delivery partners as the case may be.
B. App Obligation:
Promotion: It is the obligation of Nearexpiry Limited to coordinate all online and offline marketing activities that will raise awareness on all items listed on the app so that buyers can come for them before expiry. This obligation does not place any responsibilities on the App for goods not dispensed before the expiry date.
Product Listing: Nearexpiry Limited undertakes not to in any circumstance allow, the upload of any expired products, hard drugs, marijuana products and tobacco products (including e-cigarettes) or any other banned substance capable of causing abuse on the App.
- Nearexpiry Limited charges a 10% flat commission on all items sold through nearexpirydeals app.
- Remittance of 90% of the nearexpirydeals value of all items sold through the app must be made by Nearexpiry Limited within 24-72hrs after the Nearexpirydeals Confirmation Code (NCC) is received by the vendor.
- Nearexpirydeals Activity Report (N.A.R), showing all NCC/Reimbursements shall be sent on monthly basis for records and reconciliation purposes where necessary.