Welcome to Nearex!

These are the terms and conditions of the Seller Agreement (“Agreement”) between you and Faztech LLC and its subsidiaries Nearex regarding the use of nearex.ae website and any mobile applications for selling your products.

By completing the registration process and clicking the “Register” button, you agree to abide by these Agreement terms and conditions, the User Agreement, Product Listing Policy, and Privacy Policy, which are incorporated by reference into this Agreement. This Agreement will not become effective until your seller account is activated, and Nearex verifies your account.

Nearex may update this Agreement at any time. Any changes to this Agreement will be posted on this page. Once published, the new Agreement will become effective immediately. By continuing to visit ae.nearex or use its services, you will be deemed to have accepted the updated Agreement.

 

1.        Seller Services: 

1.1   Seller services will be provided based on a commission structure, including a 10% commission on each order processed through Nearex. Nearex reserves the right to change any of the seller fee structures, and the seller will be notified of any changes regarding this matter through a notification sent to the seller’s account or email.

2.1   Seller services will include the following basic features (which may be added, modified, or suspended for maintenance purposes, from time to time, at Nearex’s sole discretion):

3.1   Products: Each seller is allowed to display descriptions, specifications, images, and modify them.

4.1   Nearex reserves the right to change, develop, modify, or restrict seller services or any related functions or applications, at any time, temporarily or permanently, without prior notice.

5.1   Your eligibility to register as a seller and creating your account is described in the terms and conditions mentioned.

 

2.         Seller Responsibilities:

1.2   You acknowledge and agree that:

·        You have full authority and power to accept this Agreement and fulfill your obligations under this Agreement.

·        The information and documents provided during the registration process are true, accurate, up-to-date, and complete, and you will keep all information and documents updated to ensure their accuracy, completeness, and currency during your use of your account on Nearex.

·        Nearex is allowed to add information about you or your business to our database, and you authorize Nearex and its affiliates to share or use the information as outlined in our Privacy Policy.

·        You are solely responsible for obtaining all necessary licenses, permits, and certifications required for the content (as specified in the terms) that you submit, publish, or display.

·        The content you submit, publish, or display for sale is not counterfeit or stolen and does not violate in any other way any copyrights, patents, trademarks, trade names, trade secrets, or any other rights of any third party.

·        You have the right to sell the products listed on Nearex or trade or distribute them, and listing these products does not violate any rights of a third party (for example, exclusive agency or distribution agreements).

·        You and your company or its directors or its subsidiaries are not subject to any commercial restrictions, penalties, or other legal restrictions from any country, international organization, or jurisdiction.

 

2.2   You also agree that the content you submit, publish, or display:

  • Is true, accurate, complete, and legal.
  • Will not contain defamatory, threatening, harassing, obscene, explicit, abusive, or otherwise objectionable information.
  • Will not contain discriminatory information or promote discrimination.
  • Will not violate the Product Listing Policy, terms, or any other additional agreements with Nearex.
  • Will not violate any applicable laws and regulations or promote activities that may violate them.
  • Will not directly or indirectly post any links to other websites containing content that violates the terms.

3.2    Additionally, you agree to:

·        Continue your trade activities in accordance with applicable laws and regulations.

·        Conduct your business transactions with other Nearex users in good faith.

·        Abide by this agreement and any other applicable agreements.

·        Continue your activities accordingly.

·        Upload all required order data for each transaction to the Nearex platform.

·        Not use Nearex to defraud any person or entity.

·        Not impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity.

·        Not copy, reproduce, download, repost, sell, or distribute any information, texts, images, graphics, videos, audio, directories, files, or databases available on or through Nearex for any purpose.

·        Not engage in spamming, phishing, or virus distribution.

·        Not use Nearex solely to collect information about other users.

·        Not use the information provided to you during a transaction on Nearex for soliciting additional sales outside of Nearex’s websites or applications.

·        Not engage in any activities that may create liability for Nearex.

 

4.2   Nearex reserves the right to remove any posts, listings, comments, or terminate any account or usage of seller services if it becomes aware of, or suspects for any reason, a violation or suspected violation of any of the points mentioned in sections 2.3-2.1.

Nearex will not be liable for compensating or damages to the seller.

 

3.        Transactions Between Buyers and Sellers

·        Through its website and related applications, Nearex provides a platform for buyers and sellers to interact with each other. Nearex is not a party to any agreement between buyers or sellers for the sale and purchase of products. Nearex does not represent any agreement between them.

·        Nearex does not control and is not responsible for the quality, legality, safety, pricing, availability, or sellers’ ability to complete a sale, or buyers’ ability to complete a purchase of products offered for sale on nearex.ae.

·        By using or accessing nearex.ae, you assume the risks of any transaction, as well as any related activities such as payment, storage, shipping, and product returns.

·        Nearex is not liable for unsatisfactory performance, delays, losses, damages, or business interruptions resulting from unavailable or damaged products or undelivered products.

·        Nearex may voluntarily mediate or attempt to resolve any disputes or conflicts between buyers and sellers, but it will not be responsible for resolving such disputes.

·        Please contact us to report any issues or violations of these terms.

 

4.        Transaction Processing and Sales Revenue Payment

Note: This clause applies to all purchases made through the “Buy Now” feature.

Nearex is authorized on your behalf only to:

·        Collect and process payments from buyers,

·        Refund and adjust transactions,

·        Receive and retain sales revenue from buyers,

·        Transfer sales revenue to your bank account, or

·        Withhold or offset sales revenue from other sales and deduct amounts owed to Nearex, or those subject to dispute with the buyer.

·        Nearex is only obligated to pay you sales revenue when the transaction has been paid by the buyer. Nearex will not be liable under any circumstances for any claim of non-payment by the buyer.

 

·        Before transferring sales revenue to you, Nearex will deduct the following amounts:

o   Amounts refunded to buyers for returns or cancellations,

o   Any resolution of disputes in favor of the buyer, and

o   Any commission, membership fees, logistics fees, or other fees owed to Nearex, according to this agreement or any other agreement.

·        For transaction invoices uploaded to the seller central dashboard between the 1st and the 15th of each month, Nearex will pay you the net amount due by the 22nd of that month. Net returns for all invoices uploaded after the 15th of each month will be paid by the 7th day of the following month. Revenue will be deposited into the bank account provided to Nearex.

o   If funds are refunded to the buyer for product returns, order cancellations, or as a resolution to a dispute, Nearex may:

o   Offset any amounts owed by you to Nearex from any sales returns due to you,

o   Send you an invoice for the amounts owed to Nearex, which must be paid upon receipt, or

o   Seek compensation from you through any other legal means.

 

If Nearex determines that your account has been used to engage in deceptive, fraudulent, or illegal activity, or if you repeatedly violate this agreement or other terms or policies, Nearex is not obligated to act on your behalf to obtain payments from buyers and may permanently withhold any payments to you.

 

5.         Third-Party Sites or Services

·        Nearex may provide you with access to third-party sites or services through hyperlinks, APIs, or other means. You should review the terms and conditions of third parties, as Nearex does not control or monitor these sites. Nearex will not be responsible to you for the content of these sites or your use of them.

·        Nearex may provide you with services from third parties, such as payment gateways, financing, and delivery tools and services. These services may be subject to separate agreements between you and the service provider. Nearex will not be responsible to you, under any circumstances, for your use of these services.

·        Third-party services may be subject to separate fees. You will be notified of these fees before the services are performed.

 

6.        Liability

·        The services provided by Nearex and the products offered on nearex.ae are provided “as is,” “as available,” and “with all faults,” and all warranties are excluded.

·        You agree to defend Nearex, our affiliates, directors, officers, and employees against any and all losses, claims, and liabilities from third parties (including legal costs) arising from (a) your breach of these terms or applicable laws; (b) your use of the nearex.ae website or its services, (c) your products, including listings, sales, refunds, cancellations, or alterations, or (d) actual or alleged breaches of statements made by you. You agree to fully indemnify Nearex for these losses.

·        Nearex reserves the right to control any legal matter subject to the above paragraph.

·        Nearex will not be liable for any consequential, indirect, punitive, or incidental damages (including, but not limited to, loss of profits, savings, business interruption, or loss of information) arising from your use of the ae.nearex website or any other third-party services provided through Nearex.

·        Regardless of the provisions mentioned above, the total liability of Nearex, our employees, agents, affiliates, or subsidiaries for any and all of your claims during any limited calendar year shall be limited to 100 AED.

 

7.        Cooperation with Authorities

·        Nearex reserves the right to fully cooperate with regulatory government authorities or law enforcement authorities in investigating any suspected criminal or civil violations. Nearex may disclose the identity of a user of nearex.ae as allowed by applicable laws and policies. Nearex will not be liable for damages arising from such disclosures, and you agree not to bring any claim related to such disclosure against Nearex.


8.        Duration of Agreement and Termination Terms

·        This agreement will begin upon your registration verification for seller services and will continue until terminated by Nearex upon your request communicated to Nearex. Nearex reserves the right to terminate or suspend this agreement or seller services for any reason at any time. You may terminate this agreement or any business service for any reason and at any time by closing your seller account.

 

9.        Force Majeure

·        Neither you nor Nearex shall be responsible for any failure to fulfill any obligation under these terms due to circumstances beyond reasonable control of either party, such as natural disasters, epidemics, or wars.