User Agreement

Mission

Our mission is to help connect and promote independent food producers, supplies and shops to local and visitors to their area and in doing so, help the community, economy and the environment.

Our site has been designed to enable our Members to show their produce and skills to a broad audience to promote their specialities and passions for great food and local produce.

The integrity of the content in promoting local and independent producers, supplies and shops is   crucial to nearhome.net as we aim to be the ‘go-to’ site for people who care about what they eat and where they buy it to find like minded businesses near to home.

We retain the right to monitor the content of all submissions and request modifications or remove any content which does not match the site’s aspirations.

1.0 Introduction

1.1 By submitting your Listing or creating an account you agree that you are entering into a legally binding contract with nearHome. If you do not agree to this contract (“Contract” or “User Agreement”), please do not submit a listing or create an account and please do not access or otherwise use the nearhome.net website.

You and/or the Company you represent, are entering into this Contract with nearHome.

1.2 Members and Visitors:  When you submit your listing or create an account you become a Member of nearHome. If you have chosen not to register on the nearhome.net website, you may access certain features as a Visitor.

1.3 Changes: We may modify this Contract, our Privacy Policy and our Cookies Policies at any time without notice. You agree to review this Contract, our Privacy Policy and our Cookies Policies regularly and, if you continue to use our website it will mean that you agree to any changes which have been made. If you object to any changes, you may close your account and in turn take down your listing.

When you use the nearHome service you agree to all of these terms.

Your use of the nearhome.net website is also subject to our Privacy and Cookie Policies which cover how we collect, use, share, and store your information.

2.0 Obligations

2.1 Service Eligibility: To enter into this Contract you must be at least 18 years of age or older.

2.2 Payment: Payments for listing on nearhome.net are subject to nearHome’s refund policy.

Payments may be subject to VAT or other such taxes as required by law and will be added to your bill as appropriate.

2.3 Notices and Service Messages: You agree that we will provide notices to you via/within the nearhome.net website and/or a message sent to the contact information you provided to us (e.g., email, mobile number or physical address).

You agree to keep your contact information up to date.

2.4 Sharing : We are not obligated to publish any information or content on the nearhome.net website and can remove it in our sole discretion, with or without notice. Our decision is final.

2.5 Your promises to us: Here are some promises you make to us in this Contract.

You are responsible for anything that happens through your account unless you close it or report misuse.

You agree to fulfill your payment obligations. You understand that there may be fees and taxes that are added to our prices. We don’t guarantee refunds.

You’re okay with us providing notices to you through our websites, apps, and contact information you provided to us. If the contact information you provide is out of date, you may miss out on important notices.

When you share information on your listing, others can see, copy and use that information.

3.0 Rights and Limits

3.1. Your License to nearHome: As between you and nearHome, you own the content and information that you submit or post to the nearhome.net website and you are only granting nearHome the following non-exclusive license:

  1. A worldwide right to use, copy, modify, distribute, publish, and process information and content that you provide through the nearhome.net website, without any further consent, notice and/or compensation to you or others.
  2. You can end this license for specific content by deleting such content from the nearhome.net website, or completely by closing your account, except
    1. to the extent you shared it with others as part of the nearhome.net website and they copied, re-shared it or stored it and
    2. for the reasonable time it takes us to remove it from our backup and other systems.
  3. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression unless it does not align to our Mission.
  4. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
  5. You agree that we may access, store and use any information that you provide in accordance with these terms.
  6. You agree to provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).
  7. You also agree that your profile will be truthful.

3.2 Service Availability: We may change, suspend or discontinue the nearhome.net website. We don’t promise to store or keep showing any information and content that you’ve posted.

nearHome is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide to us.

We do not guarantee that:

  • Our website will be available and access will be uninterrupted
  • There will be no delays, failures, mistakes or missing information or loss of transmitted information
  • No viruses or other contaminating or destructive properties will be transmitted; or
  • No damage will happen to your computer system.

You use our website at your own risk and you alone are responsible for protecting and backing up data and equipment and for carrying out reasonable and appropriate precautions to scan for computer viruses or other destructive items.

3.3 Other Content, Sites and Apps: By using the Service, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.

3.4 Limits: nearHome reserves the right to limit your use of the nearhome.net website and reserves the right to restrict, suspend, or terminate your account if nearHome believes, in its sole discretion, that you may be in breach of this Contract or law or are misusing the nearhome.net website.

3.5 Intellectual Property Rights: You acknowledge that we own our website and that it is protected under copyright. nearHome reserves all of its intellectual property rights in the nearhome.net website. Using the nearhome.net website does not give you any ownership in the nearhome.net website or the content or information made available through the nearhome.net website.

Trademarks and logos used in connection with the nearHome website are the trademarks of nearHome and must not be copied, modified, distributed or published without our prior written permission. Photographs taken by nearHome and content generated by nearHome are our property and may not be copied, modified, distributed or published without our prior written permission.

You promise to only provide information and content that you have the right to share, and that your nearHome listing will be truthful.

We may change and modify our prices at our discretion.

Your use of others’ content and information posted on the nearhome.net website is at your own risk.

We have the right to limit how you connect and interact with the nearhome.net website at our sole discretion.

4.0 Termination

Both you and nearHome may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the nearhome.net website.

The following shall survive termination:

  • our rights to use and disclose your feedback.
  • Members and/or Visitors’ rights to further re-share content and information you shared through the nearhome.net website to the extent copied or re-shared prior to termination.
  • your License to nearHome as defined in 3.1 above

Any amounts owed by either party prior to termination will remain owed after termination.

5.0 Dispute Resolution 

In the unlikely event we end up in a legal dispute, we agree to resolve it in the United Kingdom courts under British law.

6.0 Our Liability

As far as we are allowed by law, we will have no legal responsibility for :

  • all conditions, warranties and other terms which might otherwise be implied by any law; and
  • Any direct, indirect or consequential loss or damage you may suffer in connection with our website or in connection with using, not being able to use, or resulting from using our website, any website linked to it and any materials posted on it or changes made to the content of our website by unauthorised people.

7.0 General 

If we don’t act to enforce a breach of this Contract, that does not mean that nearHome has waived its right to enforce this Contract.

You may not assign or transfer this Contract, or your membership or use of the nearhome.net website to anyone without our consent. However, you agree that nearHome may assign this Contract to its affiliates or a party that buys it without your consent.

8.0 Dos and Dont’s

8.1. Dos: You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
  2. Provide accurate information to us and keep it updated.
  3. Use your real name on your profile and the correct Trading name of your business.
  4. Use the nearhome.net in a professional manner.

8.2. Don’ts: You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with the nearhome.net website, including being dishonest, abusive or discriminatory.
  2. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes.
  3. Do anything that will harm or damage the reputation of nearHome; its shareholders and employees; the nearhome.net website or other Members.
  4. Create a false business or personal identity on nearhome.net.
  5. Create a Member profile for anyone other than yourself or your business.
  6. Use or attempt to use another’s account.
  7. Harass, abuse or harm another person and/or business.
  8. Send or post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorised by nearHome.
  9. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the nearhome.net website or otherwise copy profiles and other data from the nearhome.net website.
  10. Bypass or circumvent any access controls or nearhome.net website use limits.
  11. Copy, use, disclose or distribute any information obtained from the nearhome.net website, whether directly or through third parties (such as search engines), without the consent of nearHome.
  12. Solicit email addresses or other personal information from Members you don’t know without authorisation.
  13. Use, disclose or distribute any data obtained in violation of this policy.
  14. Violate the intellectual property rights of others, including copyrights, trademarks or other proprietary rights.
  15. Violate the intellectual property or other rights of nearHome including and without limitation using the word nearHome or our logo in any business name, email, or URL.
  16. Post anything that contains software viruses, worms, or any other harmful code.
  17. Create profiles or provide content that promotes escort services or prostitution; any form of terrorist propaganda.
  18. Create or operate a pyramid scheme, fraud or other similar practice.
  19. Imply or state that you are affiliated with or endorsed by nearHome without our express consent.
  20. Rent, lease, loan, trade, sell/re-sell access to the nearhome.net website or related data.
  21. Sell, sponsor, or otherwise monetise the nearhome.net website without nearHome’s consent.
  22. Remove any copyright, trademark or other proprietary rights notices contained in or on the nearhome.net website.
  23. Deep-link to the nearhome.net website for any purpose other than to promote your profile or that of your business on the nearhome.net website without nearHome‘s consent.
  24. Use bots or other automated methods to access the nearhome.net website, add or download contacts, send or redirect messages.
  25. Monitor the nearhome.net website’s availability, performance or functionality for any competitive purpose.
  26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the nearhome.net website.
  27. Overlaying or otherwise modifying the nearhome.net website or its appearance.
  28. Access the nearhome.net website except through the interfaces expressly provided by nearHome such as its mobile applications and nearhome.net.
  29. Use the nearhome.net website for purposes that it is not intended for.
  30. Override any security feature of the nearhome.net website.
  31. Interfere with the operation of, or place an unreasonable load on, the nearhome.net website e.g., spam, denial of service attack, viruses, gaming algorithms.

9.0 Refund Policy

If within 7 calendar days of listing your business, you are not satisfied with the nearhome.net website we will refund your purchase in full.  We do not guarantee refunds after 7 calendar days of list. We will not provide a refund where we have used our discretion to terminate your Membership due to breach of this Contract.