Neworkom Local App

Merchant Terms

NWK Local App Merchant Terms and Conditions

 

Date: 14 November 2019

Version 1.1

Introduction 

NWK Local Application 

Registering as a New Merchant 

Information submitted on the website 

Relationship between the company and the merchant 

Merchant Responsibility 

Term and Termination 

Intellectual Property Rights

General Conditions Merchants 

Restrictions 

Severability 

Modifications and Variations 

Applicable Laws and Jurisdiction 

Limitation of Liability 

Assignment 

General Clauses 

Entire Agreement 

 

 

Introduction

 

Welcome to the NWK Local App.

Please note that the following are the terms and conditions for the usage of the NWK Local App specifically relating to the usage of the Merchant in relation to his usage of this app.

This is a legally binding instrument between the company Neworkom International Ltd, with company number: C90224 having its official address at Smart City Malta, Building SCM 001, Level 5, Ricasoli, Kalkara, SCM 1001, Malta (referred to as “the company”, “us”, “we”), and the merchant joining the NWK Local app (referred to as ‘the merchant’, ‘you’, ‘he/she’).

 

NWK Local Application

 

The Company is the owner of the NWK Local Application whereby the merchant may feature and promote his products or service provided by the merchant. The main objective of NWK's Location App is to provide an additional service to merchants for the development of their business and to provide registered and unregistered users search for the service offered by associated merchants. Physical merchants are offered the possibility of being traceable through the NWK Location App, of being able to upload a description of their activity, of being able to upload photos of their own activity / showcase, of obtaining feedback from network users and of being able to use the platform for marketing purposes. In this case, users will be able to search for merchants from the map by geolocating, searching for them by name or category. They will also be able to read the reviews, and registered users may also review the service/products provided by the merchants.

 

The user shall also have the option of saving in the favourite list and sharing via the enabled social networks. Thanks to the integration of the Maps API it will also be possible to reach the merchant of interest by the user.

 

This online platform shall have the following features:

 

a) Allow Merchants to register a Merchant account;

b) Allow Merchants to find Neworkom’s Independent Consultants;

c) Allow Merchants to search for Shops by location and category;

d) Allow Merchant to showcase their shop and data;

e) Allow Merchant to give Shops feedback, save the shop to favourite and share it with friends;

f) Reach the Shop (through Maps);

g) Advertising banners;

h) Push notification;

i) English and Italian version;

 

Registering as a New Merchant

 

The merchant can register on the application only if he already is a registered user and has a Referral Code provided by one of the Neworkom's Independent Consultant's belonging to the NWK network. If not in possession of this code, the App offers the possibility of consulting a list where the names and contacts of all the Neworkom's Independent Consultant's in the area are available.

To register the Merchant has to fill all the necessary details provided in the registration form. This will include:

 

1. The name of the merchant’s business;

2. Vat number;

3. Business description (maximum 50 words);

4. Business address;

5. The business category under which he shall be listed (wedding/gardening/household etc);

6. The possibility of publishing five photos of his business;

7. Opening hours;

8. Business phone number;

9. Whats-app phone number;

10. Business email;

11. Business private webpage;

12.Various social media accounts (example: Facebook, Instagram etc);

To promote the NWK Local App and increase the exposure of Ads to potential new Merchants / Users, Ads and other Merchant Content can be viewed on other websites, in applications, within email and in online and offline advertising.

The NWK Local App Platform may contain links to third party websites or resources ("Third Party Services"). These Third Party Services may be subject to different terms and conditions and to different data protection practices. Neworkom International Ltd is not responsible for the availability or accuracy of such Third Party Services or for the content, products or services available through such Third Party Services. The links to such Third Party Services do not constitute an endorsement by Neworkom International Ltd of such services.

 

Information submitted on the website

 

All the information that the merchant will supply in relation to his activity, the type of activity, the truthfulness of the contents of the description, the truthfulness of the photos will be checked after publication by the responsible staff of the company. The company reserves the right to change the description that will be provided by the merchant from a lexical-grammatical point of view without being able to change the substance of the description and the possibility of contacting the merchant for any clarifications. This is to avoid providing your network with information that is not considered truthful or illusory.

The NWK company is not responsible for the truthfulness of the information that will be provided by the merchants, even if it will commit itself to the maximum of its abilities in the initial phase of information loading to guarantee information as true as possible. Nor is Neworkom International Ltd responsible for the truthfulness of the advertisements that will be uploaded to the platform, about discounts and promotions. The Neworkom International Ltd company is not responsible for the reviews left by registered users either.

In case of high negative reviews towards a merchant, about the truthfulness of the descriptive information, the promotional information and the images provided, the company will undertake to contact him to get explanations about his work.

The company reserves the rights to take all the actions necessary to remedy such negative activity, as explained in these terms and conditions.

The company undertakes to contact the registered user who does not use appropriate language in his reviews, and / or the user who is reported by multiple merchants for providing false information during the review.

 

Relationship between the company and the merchant

 

The merchants present on the platform have no exclusive contract with the Neworkom International Ltd company for which these activities, their products and the same promotions could also be found externally from the NWK Local App.

The company shall have the right to refute a merchant from being registered in the NWK Local App, as per its own sole decision.

 

Products and User verification

 

The company is not responsible in any way for the control of the quality of the products and services offered by merchants. The company does not carry out any type of control and is not responsible in any way for the content of the reviews that will be published by users registered on the social networks, whether they are positive / negative, truthful / untrue.

 

Any reference to the fact that a user is registered (or similar) indicates only that the Member has completed the relevant verification or identification procedure and nothing else. This indication does not constitute an endorsement, certification or warranty by Neworkom International Ltd with respect to any Member, including with respect to the identity or personal background of such Member or the fact that the Member is reliable, safe or adequate.

 

Merchant Responsibility

 

a) Once a merchant joins the NWK Local app, one of the benefits is that the merchant becomes a merchant of the Neworkom community, and by becoming a merchant the merchant must comply with various responsibilities.

b) The merchant is considered as an independent contractor of the website, and in no way is this intended as an employer/ employee relationship.

c) Each merchant by acting as an independent contractor shall be responsible for his/her acts, and thus each merchant is solely responsible for any tax liabilities that concern the sale of the products or services in the state or country of the merchant.

d) Neworkom and any third party websites affiliated with this website, operate with a strict code of professional conduct. Any merchant who in any way brings the website, it’s companies, employees, partners or associates in disrepute, or who promotes any form of slander, unfair business practices or racism shall have his merchant’s license cancelled.

e) Each Merchant further represents, warrants and agrees that the content submitted on the NWK Local app shall:

I. Be true, accurate, complete and lawful;

II. Not be false, misleading or deceptive;

III. Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors.

g) By joining the NWK Local app, the merchant is agreeing that his personal data will be stored in Neworkom's database, and such data may be used by this website and other affiliates of Neworkom as per the privacy policy agreement.

h) No warranty of any kind is given with respect to the operation system as far as reliability, stability, or quality. Thus the program operator, or its associates will not be Responsible for any breakdown, or loss which may be incurred whether directly or indirectly due to the use of this website. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, or any other inconveniences.

j) When we believe that there is a breach of this contract, Neworkom International Ltd shall have the right to take disciplinary actions it deems appropriate. An example of the disciplinary actions that may be taken are the following:

I. The suspension or/and termination of the merchant’s account, and any other account relating to Neworkom's;

II. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

III. The removal of any product listing or other content submitted by the merchant;

IV. Imposing restrictions on the content the merchant may submit;

V. Imposing other restrictions on the Merchant’s use of any features or functions of any Service as Neworkom International Ltd may consider appropriate in its sole discretion;

VI. Any other corrective actions, discipline or penalties as Neworkom International Ltd may deem necessary or appropriate in its sole discretion.

k) Without limitation, a merchant may be considered in breach of these terms in any of the following however not limited to the following:

a. The suspicion that the merchant has submitted any other false or misleading information; or

b. Neworkom International Ltd has reasonable grounds to suspect that any information provided by the Merchant is not current or complete or is untrue, inaccurate, or misleading; or

c. Neworkom International Ltd believes that the Merchant’s actions may cause financial loss or legal liability to Neworkom International Ltd or our affiliates or any other Merchants, or

d. The verified customers have negatively reviewed the merchant in various instances, which lead to bad repute to the merchant and also to the company.

 

Term and Termination

 

a) Renewal of the subscription with the NWK Local app shall be done yearly. The merchant will receive an email (10) ten days before the expiration of the period, informing him that his account will expire soon, and informing him of the procedure to follow shall he wish to benefit from the features of the NWK Local app.

b) The merchant may unilaterally decide to terminate such subscription with NWK Local app at any time during the (12) twelve-month subscription period.

c) The merchant may decide to terminate this agreement at any time during these (12) month period, by writing an email on support@neworkom.com.

d) This agreement or any rights conveyed in this agreement may not be transferred to any third party.

e) The website operator may also terminate this agreement at any time for cause due to violation of this agreement or/and the Terms and Conditions of the NWK Local app, and such merchant shall receive a notice advising the merchant of his breach of such conditions and termination/suspension of such an agreement as per the terms and conditions herein.

 

Intellectual Property Rights

 

a) We, and our licensors are the owners of all copyright, material and intellectual property rights found in this website.

b) All copyright and other intellectual rights in our website are reserved. General Conditions Merchants

a) As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Site’s services.

b) You agree not to undertake any action to undermine the reliability of the computer systems or networks of the webpage and/or any other Merchant nor to gain unauthorised access to such computer systems or networks.

c) Neworkom International Ltd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Neworkom International Ltd may disclose the Merchant's identity, contact information and/or information regarding the Merchant's account(s), transactions or activities carried out on or via the Site, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Neworkom International Ltd shall not be liable for damages or results arising from such disclosure, and Merchant agrees not to bring any action or claim against Neworkom International Ltd for such disclosure.

 

Restrictions

 

a) You are expressly and emphatically restricted from all of the following:

I. Sell, use or sub-license any of the website’s material;

II. Use the website in any manner which may be harmful to the website;

III. Using this Website in any way that impacts merchant access to this Website;

IV. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

V. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

VI. Using this Website to engage in any advertising or marketing;

VII. Certain areas of this Website are restricted from access by you and Neworkom International Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

 

Severability

 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such non enforceable provision or invalidity shall not render this Terms/agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Modifications and Variations

 

The company may, from time to time and at any time modify these terms and conditions and you agree that the company has the right to modify this agreement or revise anything contained herein on its sole discretion. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on the Website and that modification or variations will replace any prior version of this agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement. If we update or replace the terms and conditions we will let you know via electronic means, which may include an email. If you do not agree to the updated version or replacement of this agreement, you may choose to terminate this agreement.

The parties here agree that in the event any article or part thereof of this agreement is held to be unenforceable or invalid then said article or part shall be struck and all remaining provisions shall remain in full force and effect.

You also agree to routinely monitor this agreement and refer to the effective date posted at the top of this agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this agreement.

 

Applicable Laws and Jurisdiction

 

This agreement shall be governed by the laws of Malta, and any disputes shall be decided by the Maltese Courts.

 

Limitation of Liability

 

The company is not liable for any damages that may occur to you as result of your participation in the NWK Local App, to the fullest extent permitted by law. This section implies to any and all claims which may be done by the user, included, but not limited to, loss of profits or revenues, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.

 

Assignment

 

Neworkom International Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

General Clauses

 

All communications made or notices given pursuant to this agreement shall be in the English language. The correct version and the version that governs your use of the services is that provided by the English language, and other versions provided are made for convenience only.

The failure to enforce any provision of this agreement shall not constitute a waiver of any future enforcement of that same provision, or of any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any part or sub-part.

Headings of parts and subparts under this agreement are for convenience and organisation, ONLY. Headings shall not affect the meaning of any provision of this agreement.

The Company is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to act of God, acts of civil authorities. Acts of military authorities, riots, embargoes, acts of nature and natural disasters and other acts which may be due to unforeseen circumstances.

Electronic communications are permitted to both parties under this agreement, including e-mail. For any questions or concerns, please email us at the following address: support@neworkom.com.

 

Entire Agreement

 

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Neworkom International and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

 

 

 


Copyright © 2020 NWK Technologies Ltd. | Co. Reg. No.: 12315266
20-22 Wenlock Road, London N1 7GU – United Kingdom