Below are the terms of use for CashOrCard POS, a service and registered trademark of Shopper Concepts B.V. ('Shopper Concepts'). Both these terms and our privacy policy are for the benefit of Shopper Concepts, its directors, employees, group companies, partners and third parties hired by Shopper Concepts. Please read these terms and our privacy policy carefully as they affect your legal rights and obligations as soon as you access and use CashOrCard POS as a website visitor, customer and/or user of our social media channels. CashOrCard POS's mobile application has separate terms and conditions. You will be able to read those before registering and will be required to accept in order to continue. If you do not agree with our terms or policy, you can simply choose not to use CashOrCard POS's services.
DEFINITIONS
In order to keep this document readable the following terms have the meaning as indicated below. CashOrCard POS's services: our website, mobile application, merchant solution and social media channels; CashOrCard POS: our Point of Sale/Cash Register solution for merchants and associated apps ; Customer: any customer – registered or not –using CashOrCard POS; Merchant: any merchant using CashOrCard POS in his/her store; Website: CashOrCard POS's website, which is purely informative for the time being and contains information about our company and service; App: CashOrCard POS's mobile application for Customers to view previous receipts, rewards gained and account details; Dashboard: a merchant dashboard to view business statistics and customize their Point of Sale data;
YOUR USE OF OUR SOCIAL MEDIA CHANNELS – house rules
By posting or commenting on our social media channels you accept and agree to abide by our rules as well as the terms and policies of the specific social media channel. If you do not wish to comply we advise you to refrain from using them. We are currently present on Facebook, Twitter and Google+ and welcome you to post, share, like, give feedback and start or participate in discussions on our social media channels. However, we do ask you the following: • to respect our ownership rights and those of other users: you may like and share our and other users' content on the specific platform, as we may yours. You are not allowed, though, to reuse other users content without attribution or for commercial purposes. In line with this, if you upload or post photos, comments and other materials ('content'), please make sure that you either own the content posted by you or are otherwise entitled to post the material; and • not to post inadmissible content: by using our social media channels you agree not to post any inadmissible content, e.g. but not limited to: • any content contrary to applicable law, regulations or CashOrCard POS's terms; • discrimination of any kind (racist, ageist, sexist or otherwise); • spam, including any comment of a promotional or commercial nature; • any content which is infringing (IP), obscene, indecent or misleading; • any personal details of you, other users or Shopper concepts staff (phonenumbers, addresses, etc); • files which contain viruses or are corrupt or may cause damage to other users' computers; and/or • any content primarily aimed to discredit a person, service and/or product without reason. Hopefully we do not have to, but we reserve our right to remove any such content. In such case you do not have any claim against us. Vice versa, if you are grieved by any such content on our platform or social media channels, please let us know and we will take appropriate action. Please note, however, that we are not responsible for any such content (because it is placed by a third party), so we cannot accept any liability. Also, since we cannot continuously monitor our platform and channels, we cannot guarantee that we proactively remove such content. By sharing content on our social media channels you grant permission for us to use your content in our marketing communications. If we consider to do so, we will contact you in advance. You agree to indemnify and hold Shopper Concepts harmless from and against any claims by reason of content you post on or through our social media channels. This also applies if we – in good faith – use your content for promoting CashOrCard POS (in accordance with these terms). Using our social media channels is at your own risk. We will not be liable in any way.
GENERAL TERMS
CashOrCard POS is open for anyone over 16 years old. Intellectual Property All IP-rights on CashOrCard POS are and will remain the sole property of Shopper Concepts – or Shopper Concepts suppliers for that matter. Shopper Concepts invites everyone to use CashOrCard POS, provided that they – or third parties for them – will not copy CashOrCard POS or breach Shopper Concepts IP-rights – or the rights of their suppliers – in any other way.
Payments & Refunds
All Services, if any, are charged in advance on a monthly basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. CashOrCard will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying all User accounts. CashOrCard POS will charge a User's credit card for any upgrade that a User opts for in respect of the Services at the start of the User's next billing monthly cycle.
Termination
You may terminate the use at any time. We reserve our right to end CashOrCard POS's services at any time, with or without prior notice. In case of breach of any of our terms we may, at our sole discretion, decide to block access to our services and/or accounts.
Exclusion of warranties
We do our utmost to keep all information correct and up-to-date and provide a great user experience. Not withstanding this effort, CashOrCard POS is provided to you 'as is' and we make no warranty or representation with respect to our services.
Limitation of liability
We shall not be liable, except in case of willful intent or gross negligence of Shopper Concepts or its directors. If we are found to be liable, we will never be liable for indirect or consequential damages, including (but not limited to) loss of turnover or profit. Shopper Concepts may hire third parties for the execution of CashOrCard POS's services, without requiring your prior consent. Shopper Concepts shall only be liable for any shortcoming of any of such third party, if and to the extent such third party is liable towards Shopper Concepts and Shopper Concepts has been able to recover such damages from the third party.
Miscellaneous
We reserve our right to revise or amend these terms of use at any time when deemed necessary. We advise you to periodically review our terms of use for changes. Your continued use of CashOrCard POS will be subject to the then-current terms.
If a provision in these terms of use shall not or no longer be valid or enforceable, such provision shall be deemed to have been replaced by a valid and enforceable provision that is closest to the original provision in terms of purpose and scope.
In case of questions we can be reached by sending an email to support@CashOrCard POS.com. We will be happy to assist.
Disputes
Dutch law is applicable. Any disputes will be submitted to the court in Amsterdam.