Nettle is a fascinating POS solution and collection of services (“Services”), available for iOS mobile devices and the web browser. Nettle is made and operated by Nettle Ltd. (“Nettle”), 19 Harvest Court, Harvest End, Watford WD25 9BQ, England.
These terms and conditions (“Terms”) cover your use and access to the solution provided by Nettle. Throughout the site, the terms “we”, “us” and “our” refer to Nettle. Nettle offers this website and its solution, including all information, support and other services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using the Services, you’re agreeing to be bound by these Terms. These Terms create no third party beneficiary rights.
The binding contract (“Agreement”) between you and Nettle commences upon a successful subscription to a free “Trial account” we offer on our website www.gonettle.com (“Website”). We don’t limit functionality during your trial. Once your testing is complete and you’re ready to start using the Service, you can switch your account to a Paid account. You will be required to have a subscription account (“Nettle account/Account”) with us to use the Services.
Nettle may offer integration with services from third party credit card processing providers (“Third Party Providers”), on its website, as well as via sales promotion and support agents. Products from third party providers such as payment processing and complimentary hardware products are subject to separate contracts and/or terms and conditions. Nettle shall not be responsible or liable for any issues, problems, service interruptions, incompatibilities or damages of any kind arising from or in connection with your use of the aforementioned third party services, including, without limitation, any issues with your payment service provider. If any third party brings a claim against Nettle in connection with, or arising out of (a) your breach of these Terms; (b) your breach of any applicable law of regulation; (c) your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold Nettle harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs), related to such claim. Payments processed by Third Party Providers are subject to their own terms and conditions of service, and Nettle makes no representations or warranties with respect to those services. You shall not assign, or transfer your rights or obligations under this Agreement to any third party without the prior written consent of Nettle.
Access to the Services requires a fully functional mobile device such as your iPad and iPhone (“Device”), internet access, complete registration with Nettle and subscription plan with chosen payment service provider (if you decide to take credit and/or debit card payments), any necessary accessories and the necessary minimum specifications required under system requirements (“Technical Requirements”). You acknowledge it is your responsibility to ensure that the Services you purchase are suitable for your Technical Requirements. In addition to requiring access to a web browser, the Services will update and sync automatically. The Services are made available in English. Supported Device to use the Services are iPad and iPhone registered trademarks of Apple Inc., registered in the U.S. and other countries. Unless the following restrictions are not prohibited by law, you agree not to reverse engineer or decompile the Services or the Device, attempt to do so, or assist anyone in doing so, as by doing so you will be violating the law.
Nettle offers several options to support your business needs and you are most welcome to try it out first. You won't be billed for trying out the Services during your introductory two-week trial period (“Trial Account”), and no credit card information is required to start a free trial. After your trial period ends, you can use Nettle’s services on a month-to-month basis without having to sign a contract. Simply switch to a paid account by selecting “Paid” from the pricing plan menu available in your dashboard. Your account subscription will renew automatically, and you will be charged at the start of the each billing period. Payment will be due on the basis of the subscription plan you have selected ("Payment Plan").
The existing version of the Services will be upgraded from time to time to add support for new functions and services. You agree that the Third Party Providers may require additional contracts, fees, accessories, peripheral devices, configuration, and maintenance by third party service providers. You acknowledge and agree that your use of Third Party Providers is subject to the terms of your agreements with Your Third Party Providers, and that Nettle shall not be responsible or liable for any issues, problems, service interruptions, incompatibilities or damages of any kind arising from or in connection with your use of Third Party Providers, including, without limitation, ANY issues with YOUR payment service provider. These terms are to be interpreted in accordance with the UK law.
You are free to stop using the Services at any time. You are not required to close your Account, if you are not paying to keep it open anyway. If you subscribed to a Trial Account and you decide not to use the Services further, then we will simply limit the access to your Account and you may revive your subscription at any given time. If you already chose the Subscription Account and you no longer wish to use our Services, you should cancel the automatic subscription renewal option in your dashboard and we will limit your access to the Account. If you fail to pay all fees due to Nettle, we reserve the right to interrupt, suspend or cancel the Services to you, until you decide to renew your subscription account. If you ever decide to close your Account, please contact our support team at firstname.lastname@example.org and we will help you wrap things up. We will assist you in collecting and/or exporting your data and offer you further guidance. We may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services. In this case we also reserve the right to suspend or end the Services at any time at our discretion and without prior notice.
You acknowledge that all copyright and other intellectual property rights in respect of the Services and any variation thereof are vested in Nettle. You acknowledge that the Services created by Nettle offer the integration of Third Party Providers’ service, software and hardware. It is your responsibility to supply certain equipment such as card readers, printers and cash drawers, and comply with Third Party Providers’ terms and conditions, if you decide to include them in your daily workflow. You represent and warrant to us that: (a) you have attained the legal age of majority in your jurisdiction; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) if you are registering and using the Services on behalf of an organisation, you have the authority, power and right to act on the organisation’s behalf under this Agreement; (d) the name identified by you when you registered is your name or business name under which you sell goods and services; (e) you and all transactions initiated by you will comply with all national and local laws, rules, and regulations applicable to you and/or your business and employees, including any applicable tax, employment, wage and hour, and tip laws and regulations, in your jurisdiction; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these Terms.
We strive to provide you with the best possible service, but there are certain things that we cannot guarantee. You agree to allow us 10 working days from submission of your complaint to resolve it before pursuing a formal legal action. You agree to indemnify, defend and hold harmless Nettle and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Third Party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a Third Party.
TO THE FULLEST EXTENT PERMITTED BY LAW, NETTLE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ABOUT THE SERVICES. SERVICES PROVIDED BY NETTLE ARE “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, PROFIT BOOST FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
IN NO EVENT WILL NETTLE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NETTLE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO NETTLE IN THE PAST 12 MONTHS OF THE SERVICE.
We are committed to resolving cases in a constructive, non-confrontational way, so let us try to sort it out together first. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff in a joint, consolidated, or representative action. Joint arbitrations, joint actions, private attorney general actions, and consolidation with other arbitrations are not allowed. You and Nettle agree that any judicial proceeding (other than small claims actions) will be brought to the UK courts. Both you and Nettle consent to venue and personal jurisdiction there. Before filing a claim against Nettle, you agree to try to resolve the dispute informally by contacting email@example.com. We will try our best to resolve the dispute with you via email or phone.
We may revise these Terms occasionally, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your Account, posting on our blog or website). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. You can review the most current version of the Terms of Service at any time on this page.
Except as otherwise set forth by Nettle, your rights and obligations and all contemplated by this Agreement shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
Please do not hesitate to contact us regarding any matter relating to this Terms of service.
Instant access. No credit card required.