Terms of Use

Welcome to www.posapptive.com (the “Website”)

These Terms of Use and any documents referred to in it set out our terms for your use of the Website. If you continue to browse these Terms of Use, which together with our Privacy Policy, Cookies Policy and our Terms & Conditions govern our relationship with you and use the Website, you are agreeing to comply with and be bound by these Terms in relation to the Website.

If you disagree with any part of the Terms of Use, you must not use the Website.

POSAPPTIVE LIMITED is a company registered in England (company no. 06693229) with its registered address at 3 Innovation Village, Cheetah Road, Coventry, CV1 2TL (“PosApptive”).

OTHER APPLICABLE TERMS

These Terms of Use refer to the following additional terms, which also apply to your use of the Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;

Our Cookies Policy, which sets out information about the cookies on the Website; and

By using the PosApptive.com web site or any of the PosApptive operated websites ("Services") or by downloading and installing the PosApptive iOS application ("Licensed Software"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). PosApptive reserves the right to update or change these Terms of Service at any time and without notice. Any additional features and functions that are added to the Service will be subject to the Terms of Service. Continued use of the Service after any such change shall constitute your consent to such changes. You can review the most recent version of the Terms of Service at PosApptive.com/terms Violation of any of the terms below will result in the termination of your account. Upon termination of your account you must destroy all copies of any licensed software which has been installed on your local computer and iOS devices. You agree to use the service at your own risk.

Account Terms

1. You must be 13 years or older to use this PosApptive Service. 2. You must be a human resident of a supported country. No "bot" or other automated systems may be account holders. 3. You must provide a legal full name, valid email address and any other information requested in order to complete the sign up process. 4. You are responsible for maintaining the security of your login and password. PosApptive cannot be held responsible for any loss or damage from your failure to comply with your security obligation. 5. You may not use the service for any illegal or unauthorized purpose or to use our service to run any illegal or unauthorized enterprise. You must not use this Service to violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment and Refund Terms

Accounts are billed at the beginning of each subscription period and the charge is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for periods unused. No exceptions will be made to this rule in order for us to treat all of our customers fairly. 2. All fees are exclusive of any and all taxes imposed by taxing authorities and you shall be responsible for payment of all such taxes excluding only US (federal or state) taxes. 3. PosApptive reserves the rights to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 4. Prices of the Services are subject to change at anytime with 30 days notice. We will let you know by any or all of the following: 1. email 2. posting to PosApptive.com 3. posting inside the service. 5. PosApptive shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

1. You and you alone are responsible for properly canceling your subscription. We will not accept a email request for cancellation. 2. Your data may be deleted from the Service at some time after your cancellation. Please take the steps to export all your data to your local machine before you cancel. 3. If you cancel before the end of the current billing cycle, you may continue to use the Service for the remainder of that subscription period. 4. PosApptive, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your Account or your access to your Account. PosApptive reserves the right to refuse service to anyone for any reason at any time. 5. PosApptive will not be liable for any hardware, or other service costs associated with setup and subsequent cancellation of an account. 6. If your account is suspended for non-payment, you can easily subscribe again through the backoffice to regain access your account and perform point of sale functions.

Copyright and Licensed Software

1.The PosApptive software app is copyright © 2019 PosApptive. The look and feel of PosApptive.com are also copyright © 2013 PosApptive. You may not duplicate, copy, or reuse any portion of the HTML/CSS/AJAX, visual design elements, or software code without express written permission from PosApptive. 2. PosApptive.com shall retain the ownership of the POS software (referred to as a single entity, or as components, as "the Licensed Software") which is licensed on a non-exclusive basis to you the "Licensee" for use under the following conditions. PERMITTED USES: Subject to the terms hereunder, PosApptive.com hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the PosApptive.com website solely for the benefit of Licensee and not for any third party. PROHIBITED USES/YOU MAY NOT: (a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the PosApptive.com website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without PosApptive’s prior written approval, (e) resell, rent or otherwise provide access to PosApptive.com to a third party or (f) take any action in an attempt to obtain other user’s data, cause malfunction, crash or otherwise impair the PosApptive.com website. Any rights not expressly granted hereunder are reserved by PosApptive.com. 3. Licensee agrees that the Licensed Software is the confidential information of PosApptive and agrees not to disclose such software to any third party.

Content and Data

1. When you create an Account, you upload business information that is required by PosApptive and necessary to use the Service (“Account Content”). You agree that you will not upload or permit the upload through your Account or any Sub-Account of any Account Content to the Service unless you have created, hold a license to, or otherwise have permission to use and have the same transmitted, distributed, or disseminated through your Account or Sub-Accounts. You retain all rights in your Account Content, subject to the rights granted to PosApptive in these Terms of Service. You may modify or remove your Account Content through the Account itself or by terminating your Account. 2. You grant PosApptive a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display any Account Content and Transaction Data (other than Transaction Data that personally identifies any customer, unless such customer has given PosApptive or any party affiliated with PosApptive authorization to use such personally identifiable information) throughout the world in any media in order to provide and promote the Services and PosApptive’s business. We may share Account Content and Transaction Data with third parties at your direction; however, you agree that PosApptive is not responsible for the use or treatment of such data by such third parties. If you instruct PosApptive to share Account Content and/or Transaction Data with third parties, you agree to indemnify, defend, protect and hold PosApptive and its affiliates harmless from and against any and all third party damages, losses, claims and expenses, including but not limited to governmental penalties and reasonable attorneys' fees, which may be asserted against or incurred by PosApptive or any affiliate arising out of or resulting from the sharing, use or ownership of such data. 3. By using our Service you hereby grant permission to PosApptive. to use your data for providing your account, improving and maintaining the PosApptive.com websites and for analytical purposes in a manner where such data is aggregated with other users. As such, PosApptive may use such data for its own legitimate purpose and may share such data with third parties without notice to you. 4. Errors occurring on your devices are logged for support and development purposes, and might contain user identification data. This data is only used by development personnel. 5. Sales Tax and Other Taxes. PosApptive currently provides a sales tax calculation and other tax field calculations in the Service purely as a convenience to our users. You acknowledge and agree that PosApptive is not obligated to continue providing this functionality, that such calculations cannot be relied upon as expert advice for UK income tax purposes, or for like purposes in any other jurisdiction, where applicable, and that such calculations shall in no way be construed to be a substitute for a formal review of your financial statements by a Certified Public Accountant or other professional expert(s) to determine your sales tax or other tax liability. PosApptive shall in no event be liable to you or to any third party for any owed taxes or fees of any kind, or for any losses or damages of any kind related to your tax affairs, including any that relate to or utilize the tax field calculations in the Service. You acknowledge and agree that it is your sole responsibility in all circumstances to accurately input sales tax and other tax amounts, to appropriately apply sales tax and other tax to items, to apply the correct sales tax and other tax rates, and to consult with a Certified Public Accountant and/or other professionals and experts as necessary on tax-related matters. 6. Transaction Data. You can use the Service to process information relating to your patrons and transactions with patrons and other third parties (“Transaction Data”). You are solely responsible for lawfully collecting and using any identifiable information you collect about your customers as collected through the Service, for providing any notices and collecting any necessary consents from customers to use their information independent of the Service such as sharing identifiable information with third parties or using the information for marketing purposes. 7. Internet Security. You acknowledge and agree that any information you send to the Site or through the Service may be read or intercepted by others, even if such information is encrypted and that PosApptive is neither responsible nor liable for any such interception, or for any resulting loss or damage.

General Conditions

General Conditions 1. Your use of the Service is at your sole and absolute risk. The Service is provided on an "as is" and "as available" basis. 2. In no event will PosApptive be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Service or Licensed Software, even if advised of the possibility of such damages. Specifically PosApptive is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of the use of the product, loss of data, the cost of recovering data, or claims by third parties, or for other similar costs. 3. PosApptive does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the services will be corrected. 4. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or collect, report, or remit any Taxes to any tax authority arising from any transaction.

Accessing the Website

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website, such as a computer and an Internet connection. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of, and comply with, these Terms of Use and any other applicable terms and conditions.

The Website is directed to people residing in England and Wales. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service described on the Website to any person or geographic area at any time. If you choose to access the Website from outside of England and Wales, you do so at your own risk.

The following uses of the Website are prohibited and will constitute breach of contract:

causing the Website to be interrupted, damaged or impaired (by uploading a virus or otherwise);

any unauthorised use or copying of the name ‘PosApptive, trading style, get-up, confidential information or data;

unauthorised entry to any non-public part of the Website, including its underlying codes, or into any of our private computer system;

causing offence or detriment to any other person who uses the Website or any services offered;

unauthorised copying, downloading or framing of any part of the Website;

any action which is intended or has the effect of deceiving or misleading us or third parties; or

causing PosApptive, you or any other user of the Website, to be in breach of applicable law or regulation.

Intellectual Property Rights

This Website and the material contained on it is owned by, or licensed to, us. This material includes, but is not limited to designs, layout, look, appearance and graphics. Those works are protected by various intellectual property right laws and treaties around the world. All such rights are reserved.

If you wish to use any content on the Website, you must obtain our prior written consent.

Any unauthorised reproduction or use of the Website or the any material contained on it may be subject to prosecution, particularly for infringement of copyright.

If you use any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have accessed through the Website.

Website Content

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date. We reserve the right to alter content on the Website as we deem necessary or appropriate. We are not obligated to keep any content or information on the Website updated.

We may revise the Terms of Use and any of the documents referred to therein at any time by updating this webpage. Please check this webpage from time to time to take notice of any changes to the Terms of Use and/or any of the documents referred to therein, as they are binding on you.

Security, viruses, hacking and other offences

Your communications with us through the Website are at your own risk and, due to the nature of the Internet, we do not guarantee that any communication sent in this manner will reach us safely or without being intercepted.

You are responsible for ensuring that you have effective virus protection software and we do not guarantee that our Website is or will be free of viruses. You will not knowingly introduce viruses or other malicious or technologically harmful material to our Website, misuse our Website, attempt to gain unauthorised access to our Website by any means, or attack (or attempt to attack) our Website with denial-of-service or distributed denial-of-service attacks.

Any breach of this clause is a criminal offence under the Computer Misuse Act 1990 and your permitted use of the Website will be withdrawn immediately. We will treat any breach of this clause extremely seriously. Offences or attempted offences will be reported to the relevant authorities and we will fully support their investigations by any means necessary, including by disclosing your identity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment or other proprietary material due to your use of the Website or due to your downloading of any content from it, or on any website linked to it.

Website Links

You are permitted to link to the homepage of our Website, providing that the way in which you do so is fair and legal, our reputation is not damaged (or taken advantage of), or that you do not attempt to suggest that you are associated with us in any way, including any suggestion made that we endorse or approve you.

For further enquiries, or if you wish to make any use of any other material on our Website other than that stated above, please contact us at info@posapptive.com.

Links or information may appear on our Website which belong to third parties. Such links and/or information are strictly for your information only. We will not be responsible for the content of websites linked on the Website and will not be liable for any loss or damage that may arise from your use of them as we do not have control over the content of the linked websites or information.

Limitation of Liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. You acknowledge that you are solely responsible for the use to which you put the Website and all the information that you obtain from it.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Website;

use of or reliance on any content displayed on the Website;

any errors or omissions on the Website;

any loss or damage caused by a virus, distributed denial-of-service attack; or

loss or damage from any third party website links.

Please note that in particular, we will not be liable for: loss of profits, sales, contract, use, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; pure economic loss; or any indirect or consequential loss or damage.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services by us to you, which will be set out in our Terms & Conditions.

Severance

If any part of these Terms of Use is found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of its terms. These Terms of Use shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable whilst preserving their intent or, if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these Terms of Use in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.

Jurisdiction and Applicable Law

These Terms of Use and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

Queries

If you have any queries about the Website or these Terms of Use, please contact us at info@posapptive.com.