{"id":2079,"date":"2020-09-08T12:17:46","date_gmt":"2020-09-08T04:17:46","guid":{"rendered":"https:\/\/qashier.com\/?page_id=2079"},"modified":"2022-12-06T18:04:27","modified_gmt":"2022-12-06T10:04:27","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/qashier.com\/terms-of-service\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"\t\t
1. Terms<\/strong><\/p>\n We, Qashier Pte. Ltd., a limited liability company established under the laws of the Republic of Singapore, having its registered office at [988 Toa Payoh North #03-08 S319002] (hereinafter referred as \u201cQashier\u201c, \u201cwe\u201c or \u201cus\u201c<\/strong>).<\/p>\n These terms of service (\u201cTerms\u201c) are a legal agreement between you (\u201cyou,\u201d \u201cyour\u201d) and Qashier, to set out the terms and conditions for your use of Qashier\u2019s Services. In these Terms, Qashier\u2019s Services means Qashier’s point of sale and any features, technologies, items, products, software, hardware, and other products, services, or functionality provided by those products or services, including the Qashier POS terminal (\u201cTerminal\u201d), Qashier Android applications (\u201cApps\u201c) and qashier.co (\u201cWebsite\u201c) (collectively, the \u201cServices\u201d). The person or organization entering into these Terms as a user of the Services, together with all individual users accessing the Services on that person’s behalf (together, \u201cyou\u201c, \u201cUsers\u201c or \u201cMerchant\u201d).<\/p>\n Qashier grants you a limited, non-exclusive, non-transferable, revocable license to use the Services (subject to your account type) in accordance with these Terms. You are required to read our Terms from time to time. By accessing or using the Services, it shall be considered as your approval and acceptance to our Terms, thus, you agree to be bound under each provision stated in our Terms. If you do not agree with any term or provision in these Terms, please cease to use the Services.<\/p>\n All rights not expressly granted to Users in these Terms are reserved by Qashier. <\/p>\n 2. Privacy Policy <\/strong><\/p>\n The use and\/or access of the Services will be subject to any provision as set out in the Privacy Policy on the Site, which can be accessed in qashier.com\/privacy-policy<\/a>. By agreeing to these terms and conditions, we assume that you have read and agreed to the content of the Privacy Policy. The Privacy Policy and the terms and conditions are integral documents that need to be approved by the users before they can continue browsing on the Site and using the Services.<\/p>\n 3. Amendments <\/strong><\/p>\n We reserve our rights to make any amendment, revise and\/or update our Terms from time to time and you agree to be bound by such revised and\/or updated Terms. We will endeavour to notify you of such changes via email or by displaying a message when you next use the Services. If you continue to use the Services, your use will be governed by and subject to the updated Terms. If you do not agree with our amendment, revision and\/or update on the provision in these Terms, please cease to access the Services.<\/p>\n From time to time, we may add, make changes to or remove altogether features or functionality of the Services. If you’re using an App on our Terminal(s), you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Services at any time, and nothing in these Terms is to be taken as a guarantee that the Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services, or any version of them. Your use of the Services will always be governed by and subject to the updated Terms, regardless the addition, changes, or alteration of the the Services. In avoidance of doubt, such addition, changes, or alteration of the Services will not cancel the validity of these Terms, unless expressly stated by Qashier.<\/p>\n 4. Account Information <\/strong><\/p>\n You must be (a)<\/strong> an individual citizen at least 18 years of age and has the legal capacity to enter into binding agreements; or (b)<\/strong> a legal entity that is validly established under the law of relevant jurisdiction and having its legal domicile, represented by duly authorised representative and has legal capacity to enter into binding agreements, specifically with regards to the provision of the Services, in order to access and use the Services. You agree to provide true, accurate, current and complete account information during the registration process, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. You represent and warrant that you have the legal right to use any credit card, debit card or other payment method that you use in connection with the Services. Note that if you fall into category number (b) and are in the capacity to act for and on behalf of a legal entity, you must obtain necessary approvals from such legal entity and other relevant third parties in connection with the usage and responsibility of (i) your action related to the Services; (ii) cost associated with the use of the Services; and (iii) your acceptance and compliance in accordance with these Terms. By continuing to use and\/or using the Services, we assume that you already obtained all necessary approvals and are authorised to access the Services.<\/p>\n 5. Fees, Deposits and Taxes <\/strong><\/p>\n The subscription and transaction fees (\u201cFees\u201d) charged for use of the Services are set out on the Services Agreement and are subject to change. We will endeavour to notify you (by email or by displaying a message when you next use the Services) at least 30 days before changing the Fees. Fees are non-refundable, including if you only use part of a month or year’s subscription for the Services. Unless required by law and valid and binding court decisions within the jurisdiction, we will not provide refunds in connection with the Services due to termination of the Services by you or by Qashier, in accordance with these Terms.<\/p>\n Upon the execution of this Terms of Service, Merchant shall pay Qashier a Security Deposit (\u201cDeposit\u201d) for each Terminal, and\/or for a Qashier Pay account, in the amount and by such date as may be specified in the Services Agreement. The Deposit shall be held by Qashier as a security for the due performance and observance by Merchant of this Terms of Service, and the fulfilment by Merchant of its obligations hereunder. Qashier shall be entitled as its option at any time to offset any Fees or other charges due and owing by Merchant to Qashier under or in connection with this Terms of Service or any damages payable against the Deposit, including but not limited to, card chargebacks, tempering of Terminal(s), damages to Terminal(s) and\/or loss of Terminal(s). Qashier\u2019s rights hereunder shall be in addition to and without prejudice to any other right of action or other remedy available to Qashier for the recovery for any fees or charges (including damages) payable by Merchant to Qashier. As soon as practicable after the termination of this Terms of Service, Qashier shall refund the Deposit without interest to Merchant less such sum as Qashier may be entitled to deduct hereunder.<\/p>\n All Fees are exclusive of taxes, and you indemnify and hold Qashier harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and\/or interest.<\/p>\n 6. Billing Terms <\/strong><\/p>\n Qashier may offer Services to be paid for on a recurring basis (\u201cSubscription Services\u201d) or on an as-used basis (\u201cA La Carte Services\u201d and, together with the Subscription Services, \u201cPaid Services\u201d). Subscription Services may subject you to recurring fees and\/or terms. 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 Qashier Account settings or as otherwise agreed in writing (\u201cSubscription Fee\u201d). A La Carte Services may subject you to fees charged per usage and\/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (\u201cA La Carte Fees\u201d and, together with Subscription Fees, the \u201cPaid Service Fees\u201d).<\/p>\n Paid Service Fees may be paid by debit card or credit card. By paying with a debit card or credit card on a Qashier invoice, you authorise us to link the card to your account and to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your linked card.<\/p>\n Unless otherwise provided in a Subscription Service\u2019s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time by writing to us at support@qashier.com. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days\u2019 advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.<\/p>\n 7. Acceptable Use Policy <\/strong><\/p>\n Qashier reserves the right to determine whether a user is qualified and acceptable to use the Services. In any case, Qashier may prohibit, prevent, or cancel access to the Services at any given time to any user, based on reasonable premise, which lies solely under the discretion of Qashier without the obligation to disclose or explain to any party.<\/p>\n You are solely responsible for the utilisation of the Services in reasonable ways and agree that you will not hold Qashier responsible or liable for any claim, damage, and\/or loss from the use of the Services. Without limitation, you agree that you will not associate the Services for any activity that may be considered, including but not limited, to:<\/p>\n a. infringe or violate another party’s intellectual property rights;<\/p>\n b. violate any party’s right of publicity or right of privacy;<\/p>\n c. be illegal or promote or be in connection with, either directly or indirectly, any illegal activities;<\/p>\n d. money laundering and\/or terrorism financing activities;<\/p>\n e. contain software viruses or any other computer codes, files, or programs designed to interrupt, destroy, manipulate, corrupt, or limit the functionality of any computer software or hardware or telecommunications equipment;<\/p>\n f. resell the use of, or access to, or reproduce the Services to any third party; and\/or<\/p>\n g. to commit fraud, be deceptive, or misleading in any way.<\/p>\n Upon indication of the violation of the acceptable use policy, Qashier reserves the right to terminate the provision of the Services and perform account cancellation, without any obligation to refund, reimburse or repay the subscription fees and\/or to be liable for any indemnification whatsoever, or to impose limits on your use of the Services. Qashier may also refuse to execute any transaction, order or payment if suspected that any monies have been obtained from illegitimate sources, or that any fraud or illegality is involved. Where possible, we will endeavour to give you at least 24 hours\u2019 prior notice and request that your usage is reduced before imposing any limits. Nevertheless, Qashier has the right to make any report to authorised government institutions and law enforcement institution upon indication of violation, as applicable.<\/p>\n 8. Cancellation of Accounts <\/strong><\/p>\n Qashier can cancel or suspend your account at any time if, at our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Services.<\/p>\n You are entitled to cancel your account with Qashier at any time. You may cancel your account by writing to us at support@qashier.com and by returning the loaned Terminal(s), if any, to a Qashier representative at Qashier\u2019s registered office address. Your account will only be considered as cancelled upon the return of all loaned Terminal(s) under the account. Should Qashier require to collect the Terminal(s) from another location other than Qashier\u2019s registered office address, a collection fee of $50 will apply. If you cancel your account before the end of your current subscription month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).<\/p>\n If your account is cancelled: (a)<\/strong> your account will be deactivated or deleted; (b)<\/strong> all of your rights granted under these Terms will immediately come to an end; and (c)<\/strong> we may (but have no obligation to) delete your information and account data stored on our servers. We will also not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. It is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.<\/p>\n We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.<\/p>\n 9. Qashier’s Services are provided \u201cAs Is\u201c <\/strong><\/p>\n The Services are provided on an \u201cas is\u201c and \u201cas available\u201c basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Services.<\/p>\n We do not warrant that: (a)<\/strong> the Services will meet your specific requirements; (b)<\/strong> the Services will be uninterrupted, timely, secure, or error-free; (c)<\/strong> the Services will be accurate or reliable; (d)<\/strong> the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e)<\/strong> any errors in the Services will be corrected.<\/p>\n You acknowledge that Qashier may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Services. The acts and omissions of those third party suppliers may be outside of Qashier’s control, and Qashier does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.<\/p>\n On behalf of itself and such third party suppliers, Qashier excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.<\/p>\n For your convenience, Qashier may include hyperlinks to other sites or content on the internet which are owned or operated by third parties. The linked sites or content are not under our control and Qashier is not responsible for any errors, omissions, delays, defamation, libel, lies, pornography, obscene content, inaccuracies or other material contained in the content, or consequences of accessing any related website as well as accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Site. Since third party websites may have different privacy policies and\/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.<\/p>\n Please be advised that any link to other sites or content is not a form of endorsement or verification of such sites or content and you agree that your access to the use of linked sites or content is entirely at your own risk.<\/p>\n 10. QashierPay Terms (\u201cPayment Terms\u201d) <\/strong><\/p>\n QashierPay (\u201cPayment Service\u201d) is Qashier\u2019s payment aggregator service that enables Merchants to accept cashless payments from customers for the payment of goods and services. We are not a bank and do not offer banking services. Our Payment Services allow you to accept payments from any SG-issued and most non-SG issued credit, debit and prepaid cards (\u201cCards\u201d) bearing the trademarks of MasterCard International Inc. (\u201cMasterCard\u201d) and Visa Inc. (\u201cVisa\u201d) (collectively, the \u201cNetworks\u201d), as well as other 3rd party payment providers such as GrabPay and WeChat Pay.<\/p>\n In order to serve in this role, we must enter into agreements (\u201cCommercial Entity Agreement\u201d) with payment providers, Networks, processors and acquiring banks. The Networks require that any person that signs up for a QashierPay Account to use Payment Services (a \u201cSeller\u201d) and processes more than Network specified amounts of Cards sales enter into an agreement directly with Qashier\u2019s acquiring banks. By accepting or otherwise agreeing to these Payment Terms, you agree to the terms and conditions of the applicable \u201cCommercial Entity Agreement\u201d effective as of the date you process such specified amounts or as otherwise required by Qashier\u2019s acquiring banks. If you fail to abide to any \u201cCommercial Entity Agreement\u201d, we may suspend or terminate your QashierPay Account.<\/p>\n You agree to pay the applicable fees and\/or Security Deposits listed on our Fee Schedule for use of the Payment Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Security Deposit in your QashierPay account. You also grant us Recovery Authorisations, which we may utilise to recover fees you owe us. Subject to the General Terms and these Payment Terms, we reserve the right to change the Fees upon reasonable advance notice. All Fees, charges, and payments collected or paid through the Payment Services are denominated in Singapore dollars.<\/p>\n