Merchant Terms and Conditions

“Ness” means Ness Company Limited (HK) and Ness International Company Limited (NZ)

“Services” means Services provided by Ness

Responsibilities and Liabilities

As a condition of use, you promise not to use the Services provided by Ness for any unlawful or prohibited by these Terms, or any other purposes not reasonably intended by Ness. 

 

Ness shall not be liable for any breach of Terms and Conditions by the Merchant. The Merchant will be liable to all legal responsibilities of its own business operations.

 

Ness reserves the rights to cease the use of the Services and seek compensations from the  Merchant if any breach of Terms and Conditions have been discovered.

Representations and Warranties 

You are fully authorized to contract the service of Ness. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

Indemnity 

The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of the terms and conditions by the indemnifying party, its respective successors and assigns that occurs in connection with these terms and conditions. This section remains in full force and effect even after termination of the service by its natural termination or the early termination by either party.


Limitation of Liability 

Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this service such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, which are not related to or the direct result of a party's negligence or breach.


Severability 

In the event any provision of these terms and conditions is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of these terms and conditions and all other provisions should continue in full force and effect as valid and enforceable. 


Waiver

The failure by either party to exercise any right, power or privilege under these terms and conditions will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

Charges and Payment

Payment made by Customers through Ness would be paid directly to Merchants' Stripe account. Ness is only to ensure the payment process could be made successfully through the Ness App.

Charges by others, such as payment gateway, will be responsible by Merchant.

Ness charges each Merchant NZ$28 per week, per restaurant, for the online ordering services. Bills will be invoiced at the last day of each month. A NZ$100 one-off setup fee will be required at the beginning of using the services by Ness.

 

Transfer or Termination of Business

Merchant must inform Ness at least 30 calendar days in advance if the Merchant has decided to cease trading. Ness will then cease the Services at an agreed date with the Merchant, and return the remaining Sum to the Merchant.

 

Cancellation of Services

The Merchant can cancel the Services by Ness at any time with 30 calendar days notice by email.

Privacy and Data collected

The Merchant must provide all data and information in truth and correctly.

 

All data collected by Ness are solely for our internal use such as business development, account servicing, or marketing purposes. None of these data will be shared with external parties.

Contacting us

For Merchant account servicing: cs@ness.today

©2020 by Ness Company Limited