Terms & Conditions

Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the Nearby Clothes application for mobile devices and web browsers, together with any related services operated by Sushmitha K N (collectively, the "Application"). Sushmitha K N is referred to in these Terms as the "Service Provider," "we," "us," or "our."

By downloading, accessing, registering for, or using the Application, you agree to be bound by these Terms. If you do not agree, do not use the Application.

Effective Date: July 3, 2026

1. About Nearby Clothes

Nearby Clothes is a local marketplace platform that helps users buy, sell, and donate clothing and fashion items with others near their location. The Application provides tools such as listings, search, maps, messaging, seller profiles, ratings, and related features.

Important: Nearby Clothes is a technology platform only. The Service Provider does not buy or sell items, process payments between users, arrange delivery, inspect items, or guarantee the quality, safety, legality, or accuracy of listings or user conduct.

2. Eligibility

To use the Application, you must:

• Be at least 16 years of age, or such higher minimum age as required by applicable law in your country.
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Application under applicable law.
• Provide accurate registration information and keep your account details up to date.

If you are using the Application on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. Your Account

3.1 Registration

You may need to create an account to access certain features, such as publishing listings, chatting with other users, saving favorites, or managing a seller profile. You agree to provide truthful, current, and complete information.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us promptly if you suspect unauthorized access.

We are not liable for losses arising from unauthorized use of your account where you failed to keep your credentials secure.

3.3 Account Types

The Application may offer different account types, including personal and business accounts. Business accounts may be subject to additional review, verification, or approval before certain badges or features are displayed.

3.4 Account Deletion

You may request deletion of your account through available in-app or website settings, where supported. Deletion may be subject to legal retention requirements and the processing described in our Privacy Policy.

4. Marketplace Transactions

4.1 User-to-User Deals

All transactions, negotiations, payments, exchanges, meet-ups, and delivery arrangements are made directly between buyers and sellers. Nearby Clothes only facilitates introductions and communication.

4.2 No Payment Processing by Us

Unless explicitly stated otherwise in the Application, the Service Provider:

• Does not collect payment for items on behalf of users.
• Does not hold funds in escrow.
• Does not issue refunds for user-to-user transactions.
• Is not responsible for payment disputes between users.

Any payment method, price, discount, refund, or exchange must be agreed between the parties involved.

4.3 Item Condition and Descriptions

Sellers are solely responsible for the accuracy of listing titles, photos, prices, sizes, brands, condition descriptions, and availability. Buyers are responsible for reviewing listings, asking questions, and inspecting items before completing a transaction.

4.4 Local Meet-Ups and Safety

Because Nearby Clothes is designed for local buying, selling, and donating, users may choose to meet in person. You agree to:

• Take reasonable precautions when meeting strangers.
• Meet in public places where possible.
• Never share unnecessary personal or financial information.
• Comply with applicable local laws.

The Service Provider does not supervise in-person meetings and is not responsible for conduct, injury, loss, theft, or disputes arising from them.

5. Listings and Seller Responsibilities

5.1 Creating Listings

When you publish a listing, you represent and warrant that:

• You own the item or have the legal right to sell or donate it.
• The listing is accurate, lawful, and not misleading.
• The item is not counterfeit, stolen, unsafe, or prohibited.
• You will update or remove the listing if the item is no longer available.

5.2 Listing Types

Listings may be offered for sale or donation/free giveaway, as supported by the Application. Free listings must genuinely be offered without charge unless clearly stated otherwise.

5.3 Pricing and Negotiation

Sellers may set prices and, where enabled, mark prices as negotiable. Buyers and sellers may communicate offers through chat or other contact methods. The Service Provider does not enforce agreed prices or offers.

5.4 Listing Visibility

Listings may be shown based on factors such as location, country, category, account status, listing status, and platform rules. We may feature, limit, hide, pause, or remove listings at our discretion.

6. Prohibited Conduct and Content

You agree not to:

• List or promote counterfeit, stolen, illegal, dangerous, or restricted items.
• Post false, deceptive, or misleading descriptions or images.
• Harass, threaten, abuse, spam, or discriminate against other users.
• Impersonate another person or misrepresent your identity or affiliation.
• Use the Application for fraud, scams, or unlawful solicitation.
• Collect user data without authorization or use the platform to send unsolicited marketing.
• Upload malware, attempt to hack, scrape, reverse engineer, or disrupt the Application.
• Circumvent moderation, reporting, bans, or security measures.
• Use the Application in violation of any applicable law or third-party rights.

We may investigate reports and take action, including content removal, listing removal, account restriction, or permanent ban.

7. Business Accounts and Verified Shops

If you register as a business or shop:

• You must provide accurate business details, including name, contact information, and location where required.
• Verification badges, if shown, indicate that the Service Provider has reviewed certain information; they do not guarantee business performance, product quality, or legal compliance.
• You remain solely responsible for your shop’s operations, taxes, licenses, consumer rights obligations, and compliance with local business laws.

8. Messaging, Ratings, and User Content

8.1 Communications

The Application may allow chat, offers, phone contact, WhatsApp links, and other communication between users. You are solely responsible for the content you send.

8.2 Ratings and Reviews

Users may be able to rate buyers or sellers after interactions. Ratings must be honest, relevant, and not abusive, retaliatory, or false. We may remove ratings that violate these Terms or platform policies.

8.3 License to User Content

By submitting content such as listings, photos, messages, reviews, profile information, or shop details, you grant the Service Provider a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, and use that content only as necessary to operate, promote, and improve the Application.

You retain ownership of your content, subject to this license.

9. Location Services

The Application uses location-related features to show nearby listings, maps, distances, and country or currency settings. By using these features, you consent to the collection and use of location information as described in our Privacy Policy.

You may control location permissions through your device or browser settings, but some features may not work without location access.

10. Intellectual Property

The Application, including its name, logo, design, software, text, graphics, and branding, is owned by or licensed to the Service Provider and is protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works from the Application except as expressly permitted by law or with our prior written consent.

11. Reporting, Moderation, and Enforcement

Users may report listings or behavior that appears to violate these Terms. We may, but are not obligated to:

• Review reports and user content.
• Remove or restrict listings or accounts.
• Suspend or permanently ban users.
• Cooperate with law enforcement where required.

We are not responsible for monitoring all user activity and do not guarantee that all prohibited content will be detected or removed.

12. Third-Party Services

The Application may integrate with or link to third-party services, including authentication providers, maps, analytics, hosting, or communication tools. Those services are governed by their own terms and privacy policies.

The Service Provider is not responsible for third-party services outside our reasonable control.

13. Disclaimers

To the fullest extent permitted by law:

• The Application is provided on an "as is" and "as available" basis.
• We do not warrant that the Application will be uninterrupted, secure, error-free, or free of harmful components.
• We do not guarantee that any listing, seller, buyer, or transaction will meet your expectations.
• We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

14. Limitation of Liability

To the fullest extent permitted by law, the Service Provider and its owners, affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or business opportunities, arising out of or related to:

• Your use of or inability to use the Application.
• Any listing, transaction, communication, or meeting between users.
• Unauthorized access to or alteration of your content or account.
• Conduct or content of any third party on the Application.

Where liability cannot be excluded, our total liability for any claim arising out of these Terms or the Application shall not exceed the greater of:

• The amount you paid directly to the Service Provider for use of the Application in the 12 months before the claim, or
• One hundred U.S. dollars (USD $100) or the equivalent in local currency.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Service Provider from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Application.
• Your listings, content, ratings, or communications.
• Your violation of these Terms.
• Your violation of any law or third-party rights.
• Any transaction or dispute with another user.

16. Suspension and Termination

We may suspend or terminate your access to the Application at any time, with or without notice, if we reasonably believe you have:

• Violated these Terms.
• Created risk or legal exposure for us or other users.
• Engaged in fraud, abuse, or unlawful activity.

Upon termination, your right to use the Application ends immediately. Provisions that by their nature should survive termination will remain in effect, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

17. Privacy

Your use of the Application is also governed by our Privacy Policy, which explains how we collect, use, store, and share personal information. By using the Application, you acknowledge that you have read the Privacy Policy.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms with a revised effective date. Where required by law, we will provide additional notice or request your consent.

Your continued use of the Application after the effective date of updated Terms constitutes acceptance of the revised Terms, unless applicable law requires otherwise.

19. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws applicable to the Service Provider’s place of operation, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country require otherwise.

Before initiating formal legal proceedings, you agree to contact us at info@nearbyclothes.com and attempt to resolve the dispute informally.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and the Service Provider regarding the Application.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
• No Waiver: Failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights as part of a merger, acquisition, or asset sale.
• Language: In the event of conflict between translated versions of these Terms, the English version shall prevail unless local law requires otherwise.

21. Contact Us

If you have questions about these Terms, please contact:

Service Provider: Sushmitha K N

Application: Nearby Clothes

Email: info@nearbyclothes.com

Website: https://nearbyclothes.com