Users Terms and Conditions

1.Terms of Use

This Terms and Conditions Agreement sets forth the standards of use of the Food Ordering service. By using Ness app or Ness Merchants App (the "Service"), you (the ”User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of Ness app or any app powered by Ness. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at https://ness.today website. Your continued use of the Service after amendments are posted constitutes acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

2.Services

2.1 We are a mobile ordering service provider providing you an online platform to (a) order food online from the list of restaurants and home food makers available on the Services; we also provide an online platform for restaurants to perform the online ordering service by themselves.

2.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.

2.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for your online food orders and delivering your order.

3.Registration

3.1 By signing up to our app you are agreeing to the terms and conditions of sale which apply to all transactions 

Signing up to the service means we must have the following information:

  • Your mobile telephone number for authenticating your registration and to assist you resetting your password to the app.

  • Your email address, so we can supply you with important information.

3.2 You may access the Services either by registering to create an account and become a member (“Member”)

3.3 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

3.4 We reserve the right to suspend or terminate your Ness Account, or the access to our Merchant App account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

4.Product prices

4.1 The price of goods charged will be as quoted on the app at the time you confirm your order with us, or through our Merchant App. Excluding any inadvertent technical error on pricing, we will honour any prices as published at the time of placing your order.

4.2 Due to differing product promotions the prices displayed on the app may vary to original prices. You agree to pay all fees and charges incurred in connection with your purchases, including any applicable taxes. The final charges for your order may be different than those stated on the website.

5. Ordering

5.1 Any contract for the supply of food ordering from this app is between you and the Participating Restaurant (the "Merchant"). You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. 

5.2 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order on the app, order status on the app will be updated. You must inform the Participating Restaurant immediately if any details are incorrect. 

5.3 Neither Ness app or Ness Merchant App do not provide delivery services.

5.4 Once the ordered food is ready to be picked up, the order status will be updated to inform you.

5.5 If the Food is not available or if there is no delivery capacity, the Participating Restaurant will cancel the order and your purchase will be refunded.

6. Limitation of Liability

6.1 Great care has been taken to ensure that the information available on the App is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the App will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the App and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

6.2 By accepting these Terms of Use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.

6.3 We shall not be held liable for any failure or delay in preparing food where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by the forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

6.4 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

7.General

7.1 All prices are in New Zealand Dollars (NZD).

7.2 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

7.3 We may alter or vary the Terms and Conditions at any time without notice to you.

7.4 Do not collect or harvest any personally identifiable information from the app, use communication systems provided by the app for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the app.

7.5 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the app, these Terms and Conditions shall prevail.

7.6 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of New Zealand. The parties hereto submit to the exclusive jurisdiction of the courts of New Zealand.

7.7 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

7.8 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with New Zealand Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the New Zealand Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

©2020 by Ness Company Limited