Nine is the trading name of Nine Commerce Ltd, Company Number NI673274 whose registered office is 5 Mill Lane, Raceview Mill, Broughshane, Northern Ireland, BT42 4EZ. (Nine, Company, Us, We, Our)
This is a legal contract between you as an individual or the legal entity that you represent (having full authority to act on behalf of the entity) (You, Your). By using our service and/or signing up for a Nine account and clicking “I agree” you are legally bound to the terms of this agreement.
Service - The website provided at https://nine.shopping, it's API or any associated subdomain.
You, Your, User, Customer - Any individual, business or organisation that has accepted these Terms by using or with intent to use the Nine Service.
Fees - Monthly subscription fees, transaction fees and any other subsequent fees are referred to as “fees”.
Website - The Nine website located at https://nine.shopping and any valid subdomains.
Store, Nine Store- The online store that you create using the Nine service.
Security Policy - The security policy located at https://nine.shopping/security
By using Nine in any form You submit to being bound by these Terms and any additional terms and conditions in any policies mentioned in or linked to in this Agreement.
If You are acting on behalf of a company or other legal entity with authority, its affiliates and all users who access the Nine Service through your account are then also bound to these Terms, and you warrant and represent that you are authorised to act on behalf of such legal entity or company and to bind them to these Terms accordingly.
Nine is a software product to help merchants sell online. We do not store or hold your payment method or card details and no monetary transactions take place through our servers. Any payment transactions go directly into the Store owners Stripe account.
By purchasing from a Nine store, you understand that the contract of sale is between you and the store owner, Nine is not responsible for any refunds, fulfilment issues, accuracy of descriptions, product warranties or images used. If you have a dispute over a purchase this is solely the responsibility of the merchant and agree to indemnify and hold harmless Nine against any claim, action or dispute regarding your purchase and any related issues.
Nine uses the Stripe platform and API and your Stripe account, through Stripe connect to process debit and credit card payments for your Nine account and products.
By using the Nine Service and agreeing to these Terms you also accept and are also bound by Stripe's Terms of Service.
You, the User understand and agree that Nine shall not be held liable for any payments and monetary transactions that occur through Your use of the Service and that all such payments and transactions are handled by Stripe. You agree that Nine shall not be held liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are solely responsible for all transactions (one-off, product purchases, recurring subscriptions, refunds and cancellations) processed through Nine and/or Stripe. Nine will not be liable for any losses or damages arising from invalid or fraudulent transactions through usage of the Service or connected Stripe accounts. This includes but is not limited to transactions that were not processed due to a network communication issue. If you process a transaction it is Your responsibility to ensure it has been fully settled.
Nine uses the Stripe API to run this Service, the Stripe API is subject to change at any time and such changes may adversely affect this Service. You hereby concede to holding Nine liable for any effects intentional or unintentional that Stripe's actions may cause to Your Nine account, Your Stripe account, or Your business.
You must not process credit or debit cards through Nine which you are not authorised to do so, or which are stolen.
You understand that you are subject to any fees Stripe charges for all transactions made through Nine and Your Stripe account.
You understand that You are responsible for all customer service issues regarding your products, services and transactions, including pricing issues, order fulfilment, cancellations, refunds, returns, functionality and warranty, technical support, customer feedback concerning your policies, staff or processes. You will clearly distinguish Yourself as a separate entity from Nine. Nine will be responsible for customer service issues relating to Nine accounts.
As a Merchant you agree to provide a valid support email address for your Store. This email address will be used for any customer queries, complaints and disputes. It is your responsibility to make sure this is kept up to date and you respond to your customers in a timely manner.
In order to accept payments through Nine you must set up an account. During the account setup process You will be asked to enter an email address and legal name, You must accurately provide the name of Your business or Your legal full name and a valid email address for You or Your company and connect an authorised Stripe account.
You may not use the Service to sell or distribute offensive (as determined by Nine) or illegal content (goods, software, products or material). Offensive and illegal content include: things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. Should you distribute offensive or illegal content, you will have your account immediately suspended and all data there-in deleted. You also agree that you are not what Stripe deem to be a restricted business and therefore could not use either Stripe or the Nine service in a lawful manner.
You are responsible for all content and activity associated with Your account and/ or Nine service. This includes information, images, descriptions and videos that you use in connection with Your Nine service.
You may cancel your account at any time. At this stage you will no longer have any access to Your account and Your Nine service will be taken offline. You will not be entitled to any refunds. If at termination any fees that are outstanding to Nine will become due immediately and need to be paid in full.
Pricing for using the service is subject to change with 30 days of notice. Notice can be provided by listing the changes on Our website (https://nine.shopping) and/ or via an email to the email associated with Your account.
Nine charges a fee for the use of the service. You agree to pay for any fees (monthly platform cost/s and transactional fees) charged by Nine in relation to your Nine account, all fees are non-refundable and, unless stated otherwise, charged in US Dollars.
Partial months, unused months and upgrade costs are not refundable. Your subscription to Nine will auto renew each month unless terminated by You or by Us. We reserve the right to suspend or terminate your account if any fees are unpaid.
Nine charges a transaction fee every time a product or service is sold through the service (this includes every one-off sale and every time a recurring payment occurs), the transaction fees will be taken at point of sale when the transaction for the good/s or service/s occurs.
If the payment of fees fails on the first try we automatically retry several times over the next 14 days. If unsuccessful at this stage we reserve the right to suspend and/or terminate your account at this stage.
You are solely responsible for calculating, reporting (to the relevant tax authority) and paying any taxes incurred as a result of payments received through the Nine service for goods or services sold. This also includes Your payment of any fees to use the Nine service.
You are responsible for protecting Your Nine and Stripe accounts email addresses, usernames and passwords. Nine will not be held liable for any losses or damages arising from Your failure to maintain the security of such credentials.
Nine reserves the right to update, modify or replace any of these Terms, suspend or discontinue the Service at any time by posting a notice on the homepage or informing You via Email. Nine may also impose a restriction on parts of the Website or features without notice or liability.
Your continued use of the Service constitutes acceptance of any changes in Terms and you are responsible to check from time to time of changes in this Agreement.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Nine a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
You acknowledge that Nine uses third party services to provision the necessary servers and services required to run the Service and cannot be held responsible for any interruption to the Service as a result of these third party services.
You expressly agree not to use the Service for any purpose that is prohibited by this Agreement.
As an example, but not limited to, You agree not to take any action through the Service that:
You are expressly prohibited from collecting financial information such as bank account numbers, sensitive health data, or any other sensitive information not required as part of the normal course of business.
Nine does not guarantee uninterrupted access and operation of the Service. From time to time there may be service disruptions outside Nine’s control.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
TO THE UTMOST EXTENT PERMITTED BY LAW THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU IN FULL, BUT SHALL BE INTERPRETED AND ENFORCED TO THE UTMOST EXTENT PERMISSIBLE BY LAW, PARTICULARLY IN LIGHT OF THE GOVERNING LAW AND JURISDICTION PROVISIONS OF SECTION 23 BELOW.
WHERE YOU ARE A PRIVATE INDIVIDUAL NOT OPERATING IN THE COURSE OF A BUSINESS OR TRADE (WHICH MAY ONLY APPLY WHERE YOU ARE PURCHASING FROM A MERCHANT ON THE NINE STORE) THESE PROVISIONS ARE WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS.
TO THE UTMOST EXTENT PERMITTED BY LAW (HAVING REGARD TO THE GOVERNING LAW AND JURISDICTION PROVISIONS OF SECTION 23 BELOW), IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS OR PARTNERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR (A) ANY LOSS OF PROFITS, (B) LOSS OF USE, (C) LOSS OR CORRUPTION OF DATA, (D) LOSS OF CONTRACTS, (E) LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, (F) LOSS OF TURNOVER OR REVENUE, (G) LOSS OF AVAILABILITY OR (H) ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LIABILITIES LOSS OR DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (I) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (I) YOUR USE OR INABILITY TO USE THE SERVICE; (III) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (IV) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE OR OTHERWISE RELATE TO THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN ANY EVENT, OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED A TOTAL AGGREGATE AMOUNT EQUAL TO 100% OF THE CHARGES PAID TO US BY YOU PURSUANT TO THIS AGREEMENT, IN THE PERIOD OF 12 MONTHS CONSIDERED RETROSPECTIVELY FROM THE DATE THE CAUSE OF ACTION AROSE.
WHERE YOU ARE A PRIVATE INDIVIDUAL NOT OPERATING IN THE COURSE OF A BUSINESS OR TRADE (WHICH MAY ONLY APPLY WHERE YOU ARE PURCHASING FROM A MERCHANT ON THE NINE STORE) THIS LIMITATION OF LIABILITY IS WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS.
If you have a dispute with one or more users, a merchant of a good, product or service that you pay using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that, to the extent permitted by law, any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
This Agreement and any dispute, action or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland, and subject to the exclusive jurisdiction of the courts of Northern Ireland.