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Terms
And Conditions

Welcome to POKETPOS SOLUTIONS PVT LTD

Please read this Terms of Use with care as this forms a contract between you and POKETPOS SOLUTIONS PVT LTD (hereinafter called "POKETPOS"). Here the terms POKETPOS, We, us, our, have the same meaning as POKETPOS SOLUTIONS PVT LTD. POKETPOS is a cross platform mobile application facilitating Restaurants , Food Retail Outlets and General Retail outlets as point of sell (POS), for payroll activities, invoice generation, ecommerce, virtual terminal, inventory management etc. This "Terms of Services" governs your download, access and use of the POS solution provided by POKETPOS SOLUTIONS PVT LTD. A person downloading, accessing or using the Services of POKETPOS mobile application ("User") is agreeing to register before using the services of this mobile application, and hereby, you are agreeing to the Terms of Services in full and shall be bound by its terms. If you do not agree to be bound by these terms, you must not use the services. The services are provided for free and without any warranty. POKETPOS has no liability to you for any loss suffered by you by registering and using the services provided by it. You must be eligible to enter into this Agreement and you are attained majority. The services provided by POKETPOS is not meant for minors.

General Disclaimer

POKETPOS as task collaboration cloud based mobile application takes all reasonable care to provided uninterrupted and error less continuous services but without any warranty that access to the service be continuous and error free. We do not make any representation regarding the usefulness of our services. The reasonable care does not include without limitation, acts of God, acts of Government or Laws, floods, fires, earthquakes, civil unrest, acts of terror, Internet failures or delays, or denial of service attacks.

Changes to Terms of Services

POKETPOS reserve the right to amend the terms and conditions of this "Terms of Services" at any time and without notice. The act of use of the services continuously shall constitute your acceptance of the new terms and conditions. In case you don't agree to these new terms of the "Terms of Services", then you must stop the use of the service

Access to the services

To obtain access to the Services, the POKETPOS application needs to be installed in mobile devices. The mobile device associated number must be provided by the user. This follows a verification process, wherein the verification code received as a SMS must be manually entered by the user. This completes the registration of the users for our services. The user must allow us to access the mobile phone address book and their geographical location.

Consent to Electronic Communications

By registering with POKETPOS, you agree and understand that we may send some notices and updates on your use of our Services through SMS , emails, messages to User's POKETPOS account, or through other means available through Services.

Content

POKETPOS as a point of sale application allows you to store contents in your accounts for limited period of time in its cloud infrastructure. For the content in your account, we don't claim any ownership, have any control, make any verification or endorse the Content. You shall be solely responsible for the nature, quality and accuracy of the Content and POKETPOS SOLUTIONS PVT LTD will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.

Acceptable Use

You must not use the Service to threaten, harass another person, organization, and engage in any unlawful or fraudulent activity. You must not store or transmit inappropriate Content containing unlawful, defamatory, threatening, pornographic, abusive or otherwise objectionable material of any kind or nature that encourages conduct that could constitute a criminal offense.

Paid Services

There shall be two types Services provided by POCKETPOS, free services with limited features and subscription based paid services where the all the features of the POCKETPOS application.POCKETPOS will make the Subscription Services available to Customer pursuant to this Agreement, the Documentation and the relevant Order Form during the Subscription Term. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Square Account settings or as otherwise agreed in writing ("Subscription Fee"). Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the 1st of every month until cancelled. In the event of a subscription via our iOS- or Android-Apps, payment shall occur via Apple's or Google's In-App-Purchase process. New features, functionality or enhancements to the Subscription Services may be marketed separately by POCKETPOS and may require the payment of additional fees. POCKETPOS will determine, in its sole discretion, whether access to such new features, functionality or enhancements will require an additional fee. You may cancel a Subscription Service at any time from your POCKETPOS Account settings The fee-based subscription access shall run at least for your initially selected subscription period and shall automatically renew itself if you do not terminate at least 24 hours prior expiry of this period. Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free account. After renewing your subscription you will however be able to access your old status and your reading lists. If you intend to delete your entire account, you can do so via the settings. All data will be deleted irrevocably in this case.

Termination of Use of the Service

POKETPOS SOLUTIONS PVT LTD reserves the sole discretion and right to suspend or terminate your access to the Service, both permanently and temporally at any time without giving any notice or cause, without incurring liability of any kind. If you are found to be involved in spamming or similar activities to other users while using the application, POKETPOS SOLUTIONS PVT LTD reserves all rights to suspend or terminate your access to the Service. Sometimes, the suspension of services may be temporary in nature due to scheduled downtime and recurring downtime, or unplanned technical problems and outages.

Third Party Content

The Services may contain some features and functionalities that link you to third party Web sites, directories, servers, networks, systems and the internet as a whole. The Services may contain some features and functionalities that give you the access to third party content, such as information and databases, applications, software, programs, products or services, etc. You are acknowledging here that we shall not be responsible for such content or services in any manner or circumstances. We are not responsible for transactions of any nature or kind between you and any third party. If you are posting content that you do not own rights to and this content is made accessible to other users, we reserve all the right to remove that content if it is reported and/or found that it infringes IPRs/copyright of others. We are not responsible for any such infringement or postings.

Disclaimer of Warranty

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer's software or hardware guidelines, including disabling hardware or software controls.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RESPONSIBILITY OF RISK. THE SERVICE IS PROVIDED ON A "AS IS", "WITH FAULTS" AND "AS AVAILABLE" BASIS. POKETPOS SOLUTIONS PVT LTD APPLICATION AND AFFILIATES EXPRESSLY OVERRIDE EXCLUDE AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR CUSTOMARY, OR OTHERWISE, INCLUDING BUT WITHOUT LIMITATION TO ANY WARRANTY THAT THE CONTENT WILL BE FULLY SECURE AND WILL NOT LOST OR DAMAGED, THAT THE SERVICES WILL BE CONTINUOUS OR ERROR FREE, OR ANY WARRANTY OF SUPERIOR QUALITY OR FITNESS FOR PARTICULAR PURPOSE, OR MERCHANTABILITY OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF PERFORMANCE AND TRADE USAGE.

Disclaimer on Financial data and Transaction information

POCKETPOS do not store any financial identification details such as card number, account number, PAN number, etc. All the payment are processed on reputed payment gateways with no interface for payment provided by POCKETPOS. No event POCKETPOS shall be responsible for any financial frauds including but not limiting to frauds such as phishing, card cloning, vishing, etc. The user is solely responsible for any financial losses that may arise out of such financial frauds.

Limited Liability

IN NO EVENT SHALL POKETPOS SOLUTIONS PVT LTD, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY INTERRUPTION OF SERVICES, ERRORS, MISTAKES, INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CONTENT, ANY BUGS, VIRUSES, TROJAN HORSES, OR MALICIOUS CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE AND PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

Assignment

Neither this Agreement nor any right, remedy, obligation nor liability arising here under or by reason hereof shall be assignable by any party hereto without the prior written consent of the other party, and any attempt to assign any right, remedy, obligation or liability hereunder without such consent shall be void, except (a) an assignment, in the case of a Business Combination where such party is not the surviving entity, or a sale of substantially all of its assets, to the entity which is the survivor of such Business Combination or the purchaser in such sale.

Governing Law

The terms and conditions of this "Terms of Services" are governed by laws of Republic of India, particularly for interpretation of terms, claims for its breach and damages. For all disputes that may arise out of this contractual relationship, the parties consenting that the jurisdiction shall that of any civil court at Mumbai, India.

Intellectual Property

The services, the interfaces, logos, software, images, designs, colour combinations, graphics, illustrations, patents, trademarks, service marks, copyrights, photographs, audio, videos and music and all the Intellectual Property Rights related thereto whether registered or not, are the exclusive intellectual property of POKETPOS SOLUTIONS PVT LTD. POKETPOS SOLUTIONS PVT LTD has no intellectual property rights in User Content.

Entire Agreement and Severability

This is the entire agreement between POKETPOS SOLUTIONS PVT LTD and You and is enforceable as a whole. The terms of this "Terms of Services" are applicable as permitted by law, in case any court of appropriate jurisdiction holds that apply to the maximum extent permitted by relevant law. If a court holds that any term either wholly or partly not enforceable or invalid, the rest of the terms shall be severable and remain in effect. Both parties shall replace such terms with new terms to the extent enforceable by law.

Assignment and transfer

This agreement is not transferable for you through assignment or otherwise. However, we may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice.

Cancellation & Refund

Once payment is done order cannot be cancelled and there is no refund policy.

Return

License once purchased Cannot be returned Back. There is No Return Policy.

Shipping & Delivery

Since License Key is purchased and paid online, there is not shipping or delivery charges.

We try our best to provide you an exceptional service. If you have a question, or you find anything wrong or missing, please send an email with the details to: admin@poketpos.com

Last updated on June 6th, 2018.