Terms of Service
Qashier Terminal Purchase Terms
Last modified: 1 August 2025
These Qashier Terminal Purchase Terms (“Purchase Terms”) apply to the purchase of the Qashier Terminal Products. These Purchase Terms do not apply to products or services that Qashier or its Affiliates make available under different terms, such as our payment processing services.
The purchaser of the Qashier Terminal Products (“you”) is the entity indicated as the owner of the Qashier account at the time of the purchase (for example, by the purchase being submitted by a user logged into your Qashier account, or using your Qashier API key), and the seller of the Qashier Terminal Products is the Qashier entity that sells the applicable Qashier Terminal Products to you, as indicated on your proof of purchase (“Qashier”, “us”, or “we”).
By purchasing the Qashier Terminal Products, you agree to these Purchase Terms. Do not purchase or use any Qashier Terminal Products if you do not understand or agree to these Purchase Terms, or your company is prohibited from legally purchasing or using Qashier Terminal Products.
Please review these Purchase Terms each time you make a purchase. We may update or change these Purchase Terms at any time and without notice to you. The terms that apply to each purchase will be the Purchase Terms posted here at the time you place your order.
Section A. Qashier Terminal Products
1. Key Concepts
As used in these Purchase Terms, a “Qashier Terminal Product” is any hardware product, instrument or piece of equipment that you purchase from Qashier under these Purchase Terms, and includes physical Point of Sale (“POS”) devices, accessories, components, and spare parts, and Terminal Device Software (see Section A.18 below). The Qashier Terminal Products are intended to be used in conjunction with the Qashier Terminal Services. We provide support to help resolve general issues relating to the Qashier Terminal Products. This support includes resources and documentation that we make available to you through the current versions of Qashier’s support pages, API documentation, and other pages on our website (collectively, “Documentation”).
2. Product Specifications
Qashier may make details of the Qashier Terminal Products available via means such as the Qashier Website and QashierHQ. Qashier Terminal Products features, specifications, and prices are subject to change at any time without notice. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of the Qashier Terminal Products in reality may differ from how it appears to you. By placing an order, you represent that the products you order will be used only in a lawful manner.
3. Hardware Availability
Qashier Terminal Products are manufactured by third parties and resold by Qashier. While Qashier uses reasonable efforts to maintain sufficient supply of the Qashier Terminal Products, inventory shortages at our manufacturers and distributors may affect our ability to fulfil an order. If there is a delay in manufacture or distribution of a certain Qashier Terminal Product that we believe will affect your order, we will use reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. Qashier is not obliged to accept any order, and we may cancel accepted orders at any time if we are unable to fulfil the order for any reason. If you submit an order, and we accept the order, you are bound by the order and is non-refundable unless Qashier cancels the order. If we cancel your order, we will fully refund the purchase price to you.
4. Geographic Availability
We only sell the Qashier Terminal Products in a limited number of countries, and we may restrict or prevent the use of the Qashier Terminal Products in a country other than the country to which we shipped the product. You must not circumvent any geographical availability requirements that we apply to the Qashier Terminal Products. You must provide a valid shipping address within the country where you are requesting that we ship the Qashier Terminal Products. Our ability to ship or permit the use of Qashier Terminal Products is always subject to applicable Law (defined in Section A.10 below), which may restrict our ability to ship the Qashier Terminal Products to or within a country.
5. Prices
a. Prices for the Qashier Terminal Products will be listed at the time of your purchase and may vary by country. We may change pricing and availability at any time. If you do not submit immediate payment, Qashier may delay shipment of the Qashier Terminal Products until the full amount of your payment is received.
b. Unless otherwise stated, the prices shown for the Qashier Terminal Products exclude taxes and shipping costs. We will add all taxes and shipping costs to the total amount of your purchase, and show you the final amount due before you complete your purchase. You are solely responsible for all taxes and shipping costs that apply to the Qashier Terminal Products that you purchase.
c. The amounts you pay for the Qashier Terminal Products are in addition to the fees you pay for other business services that may be offered by Qashier and its affiliates (each, a “Qashier Service” or “Service”) that are provided to you under your agreements with Qashier, including the Qashier Services Agreement (collectively, the “Qashier Agreements”). In particular, we may also charge you a non-refundable setup fee, or non-refundable installation fee.
d. We may collect amounts you owe us under these Purchase Terms by deducting or setting-off those amounts from the balance on your Qashier account. If that balance is insufficient, we may debit the bank or other financial institution account that you designate in your Qashier account as your “Payout Account”, or deduct or set-off the amount owed to us from the balance of another Qashier account that we determine, acting reasonably, is associated with your Qashier account. To the extent required by applicable Law, any debit from the Payout Account will be a Pre-Authorized Debit (PAD) as authorized under and defined in the applicable Qashier Services Agreement.
e. These Purchase Terms apply to any Qashier Terminal Products that we choose to provide to you at no cost or a reduced cost (“Hardware Cost Waiver” or “Hardware Waiver”), and your rights and obligations with respect to those Qashier Terminal Products do not change merely because you did not pay or pay a full cost for the Qashier Terminal Products. Hardware Cost Waivers can only be provided for the first Qashier Terminal Product purchased, and not for any subsequent Qashier Terminal Products.
f. Replacements: In the event that you require to purchase a replacement Qashier Terminal Product, you will be required to purchase it at full cost with Hardware Cost Waivers not applicable for that replacement Qashier Terminal Product.
6. Taxes
You are responsible for and will pay, indemnify, and hold Qashier harmless from any sales, use, excise, import or export, withholding, value added, or similar tax (“Taxes”), and any penalties or interest associated with Taxes, imposed by any governmental authority with respect to any payment to be made or any Qashier Terminal Products to be delivered under these Purchase Terms. Qashier may charge, and you must pay, all Taxes that Qashier is legally obligated or allowed to collect based on sale of the Qashier Terminal Products, and all fees payable for the Qashier Terminal Products are exclusive of Taxes except to the extent Qashier expressly states to the contrary. You must provide us with any information we need to determine whether we are required to collect Taxes from you under any applicable Law. If you provide an exemption certificate or a direct payment certificate, we will not collect any Tax for which you can claim an available exemption. All payments made by you to Qashier under these Purchase Terms must be made free and clear of any withholding or deduction. If any Taxes are required under applicable Law to be withheld on any payment, you will pay additional amounts as necessary so that the net amount received by Qashier is equal to the amount then due and payable under these Purchase Terms.
7. Shipping, Refunds and Returns
a. Shipping: We will only ship Qashier Terminal Products to addresses located in countries where we provide Services. We will select the carrier that will ship Qashier Terminal Products. We will inform you of the shipping fees (if any) before you confirm your order. If we provide you with an estimated shipping or delivery date, that date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Also, many events beyond our control can affect the delivery of your Qashier Terminal Products after we provide them to the carrier. We are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery, even if you have paid an additional fee for expedited shipping. Despite any contrary terms in any invoice or purchase order, title and risk of loss for the Qashier Terminal Products passes to you when we deliver the Qashier Terminal Products to the address that you provide.
b. Refunds: Amounts paid to Qashier are strictly non-refundable. Requests for refunds of amounts paid to Qashier are subject to exceptional management approval.
c. Returns: You may return a Qashier Terminal Product (excluding certain third-party branded products resold by Qashier, as listed in the Documentation) in its original packaging and condition (including all accessories and components) within 30 days after the date of your purchase. To begin the return process for a Qashier Terminal Product, please contact Qashier through the stipulated methods on the Qashier Website. We will provide you with return shipping instructions. If you follow our instructions, we will cover the cost of return shipping and will refund your purchase price in full using the same method of payment you used to purchase the Qashier Terminal Product. We will not take title to any returned Qashier Terminal Product until the item arrives at the facility to which we instruct you to return the Qashier Terminal Product. Returns may be subject to a restocking fee. You will be the exporter and importer of record on all returns transactions and will be directly responsible for ensuring that your returns comply with all export and import regulations. Notwithstanding the terms of this section to the contrary, you agree that any duties and taxes that may be recoverable by you will not be charged or collected from Qashier. This clause does not limit any rights that you might have to seek a refund under applicable Law.
8. Limited Hardware Warranty and Extended Warranty
a. Qashier provides a one-year limited warranty against defective materials and faulty workmanship in a Qashier Terminal Product (except in the case of the Qashier Soundbox, cables and any other third-party hardware and accessories.) The warranty period starts on the date of your original purchase of the Qashier Terminal Product from Qashier, and ends one year after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Qashier Terminal Product, we will at our option, to the extent permitted by applicable Law, either repair the Qashier Terminal Product, or replace the Qashier Terminal Product with only a refurbished device. This limited warranty applies only to unaltered hardware components of the Qashier Terminal Products that are used in accordance with these Purchase Terms and not subject to accident, misuse, or neglect.
b. Qashier provides a six-month limited warranty against defective materials and faulty workmanship in the Qashier Soundbox, cables and any other third-party hardware and accessories. The warranty period starts on the date of your original purchase of the Qashier Terminal Product from Qashier, and ends six months after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Qashier Terminal Product, we will at our option, to the extent permitted by applicable Law, either repair the Qashier Terminal Product, or replace the Qashier Terminal Product with only a refurbished device. This limited warranty applies only to unaltered hardware components of the Qashier Terminal Products that are used in accordance with these Purchase Terms and not subject to accident, misuse, or neglect.
c. This limited warranty gives you specific rights and is personal to you. You may not transfer this warranty to any other person. You may have additional rights under applicable Law, and this limited warranty does not affect those rights. To make a warranty claim, please contact Qashier through the stipulated methods on the Qashier Website. We will provide you with information about how to return your Qashier Terminal Products and obtain a repaired or replacement Qashier Terminal Product.
d. Within the first 30 days of purchasing the Qashier Terminal Product, you may purchase an extended warranty (“QashierCare”) which extends the period of the limited warranty by six-months for the Qashier Soundbox, cables and any other third-party hardware and accessories, and one-year for all other Qashier Terminal Products.
e. Limited warranties and extended warranties are only applicable for hardware defects including:
– Power adapter, which comes together with the original packaging of your Qashier Terminal Product, is unable to charge the Qashier Terminal Product’s battery or power up the Qashier Terminal Product due to a factory defect.
– Swollen battery of your Qashier Terminal Product which is not due to accidental damage.
– Flickering screen due to factory defect, not accidental damage, to either screen of your Qashier Terminal Product.
– Dead pixels appear on the screen due to factory defect, not accidental damage, to either screen of your Qashier Terminal Product. Qashier will exchange the terminal for a new replacement product that is new or refurbished and has been tested and passed Qashier’s functional requirements.
– Unresponsive touchscreen panels of your Qashier Terminal Product due to factory defects.
f. Limited warranties and extended warranties are not applicable where:
– Wear and tear, scratches, and cosmetic issues from normal usage.
– Lost or stolen Qashier Terminal Product.
– Intentional damage, misuse, tempered or trying to repair the Qashier Terminal Product by yourself.
– Natural disasters or other external causes.
9. End Users
You may only purchase the Qashier Terminal Products for your own use. You may not otherwise resell, rent, lease or distribute Qashier Terminal Products, or allow a third party to use Qashier Terminal Products that you have purchased. We reserve the right to refuse to sell or ship the Qashier Terminal Products to any person we believe intends to use, resell, distribute or lease the Qashier Terminal Products in a manner prohibited by these Purchase Terms (which include the Reseller Terms). The foregoing limitations will not apply to the extent prohibited by applicable Law.
10. Use of Qashier Terminal Products
a. You must only use Qashier Terminal Products with the Qashier Terminal Services, the Qashier Terminal Software, and the Qashier Payments Services, unless otherwise agreed in written between Qashier and you.
b. You must use Qashier Terminal Products in a manner that is consistent with the terms of the Qashier Agreements.
c. You must ensure that only competent trained employees (or persons under their supervision) are allowed to operate or use Qashier Terminal Products and that adequate security measures are put in place to safeguard Qashier Terminal Products and data collected by and held on Qashier Terminal Products.
d. You must only use Qashier Terminal Products for the purpose for which they are provided and in accordance with all relevant Documentation.
e. If you ship Qashier Terminal Products, you must package the products appropriately and sufficiently to avoid damage caused in transit as a result of insufficient packaging.
f. You must use Qashier Terminal Products in a lawful manner, and must obey all laws, rules, and regulations and other binding requirements or standards of any governmental authority (collectively “Law”) that apply to your use of Qashier Terminal Products. This may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising.
g. In the event that you cease your business operations, you are notify us as soon as practicable, and are required to return the Qashier Terminal Product to us (including all accessories and components) the Qashier Terminal Product within 30 days after the cessation of your business. Notwithstanding the above, Qashier reserves the right to disable the Qashier Services on the Qashier Terminal Product anytime that we assume you might have already ceased your business operations.
11. Restrictions
You must not, and must not enable or permit any third party to:
a. ship a Qashier Terminal Product outside of the country to which Qashier shipped that product;
b. use a Qashier Terminal Product in any country other than the country to which Qashier shipped that product;
c. where a Qashier Terminal Product is registered to a location, move the Qashier Terminal Product to a new location without registering the device to its new location and downloading the local device configuration;
d. represent, or use any technical measures in an attempt to represent, that the location of a Qashier Terminal Product is a location different from its actual physical location;
e. use a Qashier Terminal Product to enable any party (including you) to benefit from any activities Qashier has identified as a restricted business or activity as listed at https://qashier.com/restricted-businesses. Restricted businesses include use of the Qashier Terminal Products in or for the benefit of a country, organization, entity, or person embargoed, blocked or on a sanctions list identified by any government, government body or supranational body; or
f. (i) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of a Qashier Terminal Product, Documentation, or our website except as expressly permitted by applicable Law; (ii) transfer any rights granted to you under these terms unless otherwise agreed between you and Qashier in writing; (iii) work around any of the technical limitations implemented in a Qashier Terminal Product or enable functionality that is disabled or prohibited; (iv) reverse engineer or attempt to reverse engineer a Qashier Terminal Product except as expressly permitted by applicable Law; (v) perform or attempt to perform any actions that would interfere with the normal operation of a Qashier Terminal Product or impact the use of the Qashier Terminal Products by other users; or (vi) impose an unreasonable or disproportionately large load on the Qashier Services.
12. Limitation on Use – Commercial Purposes Only
The Qashier Terminal Products may be used for commercial purposes only, and you must not use, or allow any other person to use, the Qashier Terminal Products for personal, family, or household use.
13. Unauthorized or Illegal Use
If we suspect or know that you are using or have used Qashier Terminal Products for unauthorized, fraudulent, or illegal purposes, or in a manner that exposes you, Qashier, or others to risks unacceptable to Qashier, we may limit or disable the functionality of your Qashier Terminal Products, until such time as you demonstrate to our reasonable satisfaction that our suspicion was unfounded, or you provide us with sufficient assurances that the unacceptable use has been appropriately mitigated and will not recur.
14. Export
The Qashier Terminal Products may be subject to foreign export control Law and must be purchased, exported, transferred, and used in compliance with all applicable export Law. Qashier does not claim and does not guarantee that the Qashier Terminal Products shipped to an address in any given country will be appropriate or available for use in any other country or comply with applicable Law governing export, import, or foreign use. You must comply with all international and national export controls Law, and the end user, end use and destination restrictions imposed by any country, that apply to the Qashier Terminal Products you purchase or receive from Qashier under these Purchase Terms.
15. Installation, Updates, and Maintenance; Use with Third-Party Products
You are responsible for installing, integrating and maintaining the Qashier Terminal Products, which includes updating the Terminal Device Software as may be required by Qashier or the original equipment manufacturer (OEM) from time to time under the Terminal Device EULA (defined in Section A.18 below). Qashier will not be obligated to provide services or support for any Qashier Terminal Product that contains an outdated version of the Terminal Device Software.
Use of the Qashier Terminal Products in conjunction with any other products, such as hardware accessories, may lead to incompatibilities which cause the Qashier Terminal Products to not function correctly. As a consequence, all such use is at your own risk.
16. Ownership and Rights
These Purchase Terms do not grant any rights or licenses in the Qashier Terminal Products other than as expressly stated in these Purchase Terms and the Terminal Device EULA. As between you and Qashier, Qashier and its licensors exclusively own all rights, title and interest, including all copyrights (including rights in derivative works), moral rights, rights of publicity, patents, trade secrets, trademarks, service marks, logos and designs, trade secrets, and other intellectual property rights, in and to the Qashier Terminal Products. All rights not expressly granted are reserved by Qashier. Any use of Qashier’s trademarks must be in accordance with the Qashier Marks Usage Agreement available at https://qashier.com/marks/legal.
17. Feedback
You may choose or we may invite you to submit comments or ideas about improving the Qashier Terminal Products. If you submit comments or ideas to us, you agree that your submission is voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the comments and ideas under law, contract or otherwise. You also agree that Qashier has no fiduciary or any other obligation to you in connection with any comments and ideas you submit to us, and that we are free to use your comments and ideas without any attribution or compensation to you.
18. Software License Terms
The Terminal Device Software is defined in and licensed under an end user Software License Agreement located at https://qashier.com/legal/terminal-device-eula (“Terminal Device EULA”). You, and your use of Qashier Terminal Products, must comply with the Terminal Device EULA. Notwithstanding the Terminal Device EULA, in addition to the transfer rights you have under the Terminal Device EULA, you may disclose to third parties Terminal Device Software strictly in accordance with the Reseller Terms.
19. Rentals and Loans
a. In certain cases as agreed to with Qashier in writing, you will not be purchasing the Qashier Terminal Products, but instead, renting refurbished Qashier Terminal Products temporarily on loan for a period of time (“Rental Period” or “Loan Period”). Section A.10 applies to the usage of Qashier Terminal Products obtained under this Section.
b. Prior to the commencement of the Rental Period, you will be required to pay an amount to Qashier consisting of (a) a non-refundable Rental Fee, (b) and a Security Deposit, which will be listed to you in writing and may vary by country. The amounts you pay are in addition to the fees you pay for other business services that may be offered by Qashier and its affiliates (each, a “Qashier Service” or “Service”) that are provided to you under your agreements with Qashier, including the Qashier Services Agreement (collectively, the “Qashier Agreements”).
c. The Security Deposit is held by Qashier as a security for the due performance and observance by you under the Service Agreement, and the fulfilment by you of your obligations herein. Qashier shall be entitled as its option at any time to offset any Fees or other charges due and owing by you to Qashier under or in connection with the Service Agreement or any damages payable against the Security Deposit, including but not limited to, card chargebacks, tempering, damages and/or loss of Qashier Terminal Products. Qashier’s 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 the Rental Period (unless otherwise stated in your Service Agreement), Qashier shall refund the Security Deposit Deposit without interest to you less such sum as Qashier may be entitled to deduct herein.
Section B. General Terms
1. Disclaimer
The Qashier Terminal Products are provided as-is and with all faults. Except as expressly stated in these Purchase Terms, Qashier, its affiliates, and the respective employees, directors, agents, licensors and service providers of Qashier and each Qashier affiliate (each a “Qashier Party” and together the “Qashier Parties”) provide no express or implied warranties or conditions, and Qashier disclaims and excludes any implied terms, representations, warranties, and conditions with respect to the Qashier Terminal Products, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, satisfactory quality and non-infringement, as well as any other implied warranties, such as warranties regarding data loss, availability, accuracy, functionality and lack of viruses. These disclaimers will apply except to the extent applicable Law does not permit them. Any warranties, guarantees, or conditions that cannot be disclaimed as a matter of law, but which may be limited in duration, last for one year from the date on which you receive a Qashier Terminal Product.
2. Limitation of Liability
a. Under no circumstances will any Qashier Party be responsible or liable whether in contract, tort (including negligence), under statute or otherwise to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Qashier Terminal Products or for the unavailability of the Qashier Terminal Products, for lost profits, personal injury to the extent allowed by applicable Law, or property damage, or for any other damages arising out of, in connection with, or relating to these Purchase Terms or your use of the Qashier Terminal Products, even if those damages are foreseeable, and whether or not you or the Qashier Parties have been advised of the possibility of those damages except as provided in Section B.2.b. The Qashier Parties are not liable whether in contract, tort (including negligence) under statute or otherwise, and further deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Qashier Terminal Products. The Qashier Parties are not liable, and further deny responsibility for all liability and damages to you or others whether in contract, tort (including negligence), under statute or otherwise caused by (i) your or your employees’, agents’, contractors’, end users’, and other personnel’s access or use of the Qashier Terminal Products inconsistent with the Documentation; (ii) any unauthorized access of servers, infrastructure, or data used in connection with the Qashier Terminal Products; (iii) interruptions to or cessation of the Qashier Terminal Products; (iv) any bugs, viruses, or other harmful code that may be transmitted to or through the Qashier Terminal Products; (v) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (vi) third-party content provided by you or your employees, agents, contractors, end users, and other personnel; or (vii) the defamatory, offensive, or illegal conduct of others. The foregoing limitations will not apply to the extent prohibited by applicable Law.
b. Except to the extent prohibited by applicable Law, you agree to limit any additional liability whether in contract, tort (including negligence), under statute or otherwise not disclaimed or denied by the Qashier Parties under these Purchase Terms to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount paid by you to Qashier for the Qashier Terminal Products.
c. Nothing in these Purchase Terms operates to exclude or limit liability for (i) death or bodily injury; or (ii) fraud or willful misconduct, to the extent that doing so would contravene applicable Law.
3. Disclosures and Notices; Electronic Signature Consent
Qashier can provide notices regarding the Qashier Terminal Products (“Notices”) to you through our website or through QashierHQ, or by mailing Notices to the email or physical addresses identified in your Qashier Account. Notices may include notifications about the Qashier Terminal Products or other information we are required to provide to you. Electronic delivery of a Notice will have the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you 24 hours after the time a Notice is either posted to our website or emailed to you.
4. No Agency
Nothing in these Purchase Terms serves to establish a partnership, joint venture, employment, or agency relationship between you and us. You will have no authority to enter into any agreement on Qashiers’ behalf or in Qashier’s name or otherwise bind Qashier to any agreement or obligation.
5. Force Majeure
Neither party will be liable for any nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay any amounts owed to Qashier under these Purchase Terms.
6. Your Liability For Third-Party Claims Against Us
a. Without limiting, and in addition to, any other obligation that you may owe under these Purchase Terms, you are at all times responsible for the acts and omissions of your employees, directors, contractors and agents, to the extent they are acting within the scope of their relationship with you.
b. You agree to defend each Qashier Party against any claim, suit, demand, loss, liability, damage, action, or proceeding (each a “Claim”) brought by a third party against a Qashier Party, and you agree to fully reimburse the Qashier Parties for any Claims that results from: (i) your breach of any provision of these Purchase Terms ; (ii) negligent or willful misconduct of you, your employees, contractors, or agents; or (iii) contractual or other relationships between you and any third party, including your customers.
7. Representations and Warranties
By accepting these Purchase Terms, you represent and warrant that (a) you have the authority to execute and perform the obligations required by these Purchase Terms; (b) you will comply with all Law applicable to your business and use of the Qashier Terminal Products; (c) your employees, directors, contractors and agents will at all times act consistently with these Purchase Terms; and (d) you will not use the Qashier Terminal Products, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Qashier Terminal Products or the Qashier Terminal Services.
8. Governing Law; Intellectual Property Disputes
a. Governing Law: These Purchase terms will be governed by and construed in accordance with the laws of the region to which the Qashier Terminal Products were shipped by or on behalf of Qashier. The terms of the United Nations Convention on Contracts for the International Sale of Goods will not apply.
b. Intellectual Property Disputes: In the event that there is a dispute, claim or controversy arising out of or relating principally related to either party’s intellectual property (an “IP Claim”), each party agrees to bring the IP Claim before the courts that are located in the country to which the Qashier Terminal Products were shipped by or on behalf of Qashier. The parties irrevocably consent to the exclusive jurisdiction and venue of the applicable Courts, and you and Qashier each agree not to commence or prosecute any IP Claim other than in the applicable Courts. You and Qashier each waive all defenses of lack of personal jurisdiction and forum non-conveniens.
9. Dispute Resolution
a. Binding Arbitration: All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, will be referred to and finally determined by arbitration administered by an arbitration centre located in such Country of Residence (e.g. for Singapore, the Singapore International Arbitration Centre) in accordance with any arbitration rules of the arbitration centre for the time being in force, which rules are deemed to be incorporated by reference in this Section 13. The Tribunal will consist of one arbitrator. The seat of arbitration will be in such Country of Residence. The language of arbitration will be English.
b. Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
c. A party must notify the other relevant parties of its intent to commence arbitration prior to commencing arbitration. The parties will then meet for the purpose of resolving the dispute and, if the dispute is not resolved within 30 days of the initial notice, then any of the relevant parties may commence arbitration.
10. Assignment
You may not assign, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Purchase Terms or any rights or obligations under these Purchase Terms, without the prior written consent of Qashier. Any purported assignment, transfer, delegation, or disposal by you without Qashier’s prior written consent will be null and void. Qashier may assign any of its rights and obligations under these Purchase Terms without your prior written consent. These Purchase Terms will be binding upon and will inure to the benefit of you and Qashier and their respective successors and permitted assigns.
11. Entire Agreement
These Purchase Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Qashier for provision and use of the Qashier Terminal Products. Except where expressly stated otherwise in a writing executed between you and Qashier, these Purchase Terms will prevail over any conflicting policy or agreement for the provision or use of the Qashier Terminal Products. These Purchase Terms set forth your exclusive remedies with respect to the Qashier Terminal Products. If any provision or portion of these Purchase Terms is held to be invalid or unenforceable under applicable Law, then it will be reformed and interpreted to accomplish the objectives of that provision to the greatest extent possible, and all remaining provisions of these Purchase Terms will continue in full force and effect.
12. Cumulative Rights, Construction, Waiver
The rights and remedies of the parties under these Purchase Terms are cumulative, and either party may enforce any of its rights or remedies under these Purchase Terms, along with all other rights and remedies available to it under applicable Law or in equity. No provision of these Purchase Terms will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. To be enforceable, a waiver must be in writing and signed by the waiving party. The failure of a party to enforce any provision of these Purchase Terms will not constitute a waiver of that party’s rights to subsequently enforce the provision.
13. Survival
Provisions in these Purchase Terms which by their nature are intended to survive termination (including indemnification obligations and limitations of liability) will survive termination of these Purchase Terms.
Qashier Terminal Purchase Terms
Last modified: 1 August 2025
These Qashier Terminal Purchase Terms (“Purchase Terms”) apply to the purchase of the Qashier Terminal Products. These Purchase Terms do not apply to products or services that Qashier or its Affiliates make available under different terms, such as our payment processing services.
The purchaser of the Qashier Terminal Products (“you”) is the entity indicated as the owner of the Qashier account at the time of the purchase (for example, by the purchase being submitted by a user logged into your Qashier account, or using your Qashier API key), and the seller of the Qashier Terminal Products is the Qashier entity that sells the applicable Qashier Terminal Products to you, as indicated on your proof of purchase (“Qashier”, “us”, or “we”).
By purchasing the Qashier Terminal Products, you agree to these Purchase Terms. Do not purchase or use any Qashier Terminal Products if you do not understand or agree to these Purchase Terms, or your company is prohibited from legally purchasing or using Qashier Terminal Products.
Please review these Purchase Terms each time you make a purchase. We may update or change these Purchase Terms at any time and without notice to you. The terms that apply to each purchase will be the Purchase Terms posted here at the time you place your order.
Section A. Qashier Terminal Products
1. Key Concepts
As used in these Purchase Terms, a “Qashier Terminal Product” is any hardware product, instrument or piece of equipment that you purchase from Qashier under these Purchase Terms, and includes physical Point of Sale (“POS”) devices, accessories, components, and spare parts, and Terminal Device Software (see Section A.18 below). The Qashier Terminal Products are intended to be used in conjunction with the Qashier Terminal Services. We provide support to help resolve general issues relating to the Qashier Terminal Products. This support includes resources and documentation that we make available to you through the current versions of Qashier’s support pages, API documentation, and other pages on our website (collectively, “Documentation”).
2. Product Specifications
Qashier may make details of the Qashier Terminal Products available via means such as the Qashier Website and QashierHQ. Qashier Terminal Products features, specifications, and prices are subject to change at any time without notice. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of the Qashier Terminal Products in reality may differ from how it appears to you. By placing an order, you represent that the products you order will be used only in a lawful manner.
3. Hardware Availability
Qashier Terminal Products are manufactured by third parties and resold by Qashier. While Qashier uses reasonable efforts to maintain sufficient supply of the Qashier Terminal Products, inventory shortages at our manufacturers and distributors may affect our ability to fulfil an order. If there is a delay in manufacture or distribution of a certain Qashier Terminal Product that we believe will affect your order, we will use reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. Qashier is not obliged to accept any order, and we may cancel accepted orders at any time if we are unable to fulfil the order for any reason. If you submit an order, and we accept the order, you are bound by the order and is non-refundable unless Qashier cancels the order. If we cancel your order, we will fully refund the purchase price to you.
4. Geographic Availability
We only sell the Qashier Terminal Products in a limited number of countries, and we may restrict or prevent the use of the Qashier Terminal Products in a country other than the country to which we shipped the product. You must not circumvent any geographical availability requirements that we apply to the Qashier Terminal Products. You must provide a valid shipping address within the country where you are requesting that we ship the Qashier Terminal Products. Our ability to ship or permit the use of Qashier Terminal Products is always subject to applicable Law (defined in Section A.10 below), which may restrict our ability to ship the Qashier Terminal Products to or within a country.
5. Prices
a. Prices for the Qashier Terminal Products will be listed at the time of your purchase and may vary by country. We may change pricing and availability at any time. If you do not submit immediate payment, Qashier may delay shipment of the Qashier Terminal Products until the full amount of your payment is received.
b. Unless otherwise stated, the prices shown for the Qashier Terminal Products exclude taxes and shipping costs. We will add all taxes and shipping costs to the total amount of your purchase, and show you the final amount due before you complete your purchase. You are solely responsible for all taxes and shipping costs that apply to the Qashier Terminal Products that you purchase.
c. The amounts you pay for the Qashier Terminal Products are in addition to the fees you pay for other business services that may be offered by Qashier and its affiliates (each, a “Qashier Service” or “Service”) that are provided to you under your agreements with Qashier, including the Qashier Services Agreement (collectively, the “Qashier Agreements”). In particular, we may also charge you a non-refundable setup fee, or non-refundable installation fee.
d. We may collect amounts you owe us under these Purchase Terms by deducting or setting-off those amounts from the balance on your Qashier account. If that balance is insufficient, we may debit the bank or other financial institution account that you designate in your Qashier account as your “Payout Account”, or deduct or set-off the amount owed to us from the balance of another Qashier account that we determine, acting reasonably, is associated with your Qashier account. To the extent required by applicable Law, any debit from the Payout Account will be a Pre-Authorized Debit (PAD) as authorized under and defined in the applicable Qashier Services Agreement.
e. These Purchase Terms apply to any Qashier Terminal Products that we choose to provide to you at no cost or a reduced cost (“Hardware Cost Waiver” or “Hardware Waiver”), and your rights and obligations with respect to those Qashier Terminal Products do not change merely because you did not pay or pay a full cost for the Qashier Terminal Products. Hardware Cost Waivers can only be provided for the first Qashier Terminal Product purchased, and not for any subsequent Qashier Terminal Products.
f. Replacements: In the event that you require to purchase a replacement Qashier Terminal Product, you will be required to purchase it at full cost with Hardware Cost Waivers not applicable for that replacement Qashier Terminal Product.
6. Taxes
You are responsible for and will pay, indemnify, and hold Qashier harmless from any sales, use, excise, import or export, withholding, value added, or similar tax (“Taxes”), and any penalties or interest associated with Taxes, imposed by any governmental authority with respect to any payment to be made or any Qashier Terminal Products to be delivered under these Purchase Terms. Qashier may charge, and you must pay, all Taxes that Qashier is legally obligated or allowed to collect based on sale of the Qashier Terminal Products, and all fees payable for the Qashier Terminal Products are exclusive of Taxes except to the extent Qashier expressly states to the contrary. You must provide us with any information we need to determine whether we are required to collect Taxes from you under any applicable Law. If you provide an exemption certificate or a direct payment certificate, we will not collect any Tax for which you can claim an available exemption. All payments made by you to Qashier under these Purchase Terms must be made free and clear of any withholding or deduction. If any Taxes are required under applicable Law to be withheld on any payment, you will pay additional amounts as necessary so that the net amount received by Qashier is equal to the amount then due and payable under these Purchase Terms.
7. Shipping, Refunds and Returns
a. Shipping: We will only ship Qashier Terminal Products to addresses located in countries where we provide Services. We will select the carrier that will ship Qashier Terminal Products. We will inform you of the shipping fees (if any) before you confirm your order. If we provide you with an estimated shipping or delivery date, that date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Also, many events beyond our control can affect the delivery of your Qashier Terminal Products after we provide them to the carrier. We are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery, even if you have paid an additional fee for expedited shipping. Despite any contrary terms in any invoice or purchase order, title and risk of loss for the Qashier Terminal Products passes to you when we deliver the Qashier Terminal Products to the address that you provide.
b. Refunds: Amounts paid to Qashier are strictly non-refundable. Requests for refunds of amounts paid to Qashier are subject to exceptional management approval.
c. Returns: You may return a Qashier Terminal Product (excluding certain third-party branded products resold by Qashier, as listed in the Documentation) in its original packaging and condition (including all accessories and components) within 30 days after the date of your purchase. To begin the return process for a Qashier Terminal Product, please contact Qashier through the stipulated methods on the Qashier Website. We will provide you with return shipping instructions. If you follow our instructions, we will cover the cost of return shipping and will refund your purchase price in full using the same method of payment you used to purchase the Qashier Terminal Product. We will not take title to any returned Qashier Terminal Product until the item arrives at the facility to which we instruct you to return the Qashier Terminal Product. Returns may be subject to a restocking fee. You will be the exporter and importer of record on all returns transactions and will be directly responsible for ensuring that your returns comply with all export and import regulations. Notwithstanding the terms of this section to the contrary, you agree that any duties and taxes that may be recoverable by you will not be charged or collected from Qashier. This clause does not limit any rights that you might have to seek a refund under applicable Law.
8. Limited Hardware Warranty and Extended Warranty
a. Qashier provides a one-year limited warranty against defective materials and faulty workmanship in a Qashier Terminal Product (except in the case of the Qashier Soundbox, cables and any other third-party hardware and accessories.) The warranty period starts on the date of your original purchase of the Qashier Terminal Product from Qashier, and ends one year after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Qashier Terminal Product, we will at our option, to the extent permitted by applicable Law, either repair the Qashier Terminal Product, or replace the Qashier Terminal Product with only a refurbished device. This limited warranty applies only to unaltered hardware components of the Qashier Terminal Products that are used in accordance with these Purchase Terms and not subject to accident, misuse, or neglect.
b. Qashier provides a six-month limited warranty against defective materials and faulty workmanship in the Qashier Soundbox, cables and any other third-party hardware and accessories. The warranty period starts on the date of your original purchase of the Qashier Terminal Product from Qashier, and ends six months after that date. If you submit a claim during this warranty period that is within the scope of the limited warranty, and you follow our instructions for returning the Qashier Terminal Product, we will at our option, to the extent permitted by applicable Law, either repair the Qashier Terminal Product, or replace the Qashier Terminal Product with only a refurbished device. This limited warranty applies only to unaltered hardware components of the Qashier Terminal Products that are used in accordance with these Purchase Terms and not subject to accident, misuse, or neglect.
c. This limited warranty gives you specific rights and is personal to you. You may not transfer this warranty to any other person. You may have additional rights under applicable Law, and this limited warranty does not affect those rights. To make a warranty claim, please contact Qashier through the stipulated methods on the Qashier Website. We will provide you with information about how to return your Qashier Terminal Products and obtain a repaired or replacement Qashier Terminal Product.
d. Within the first 30 days of purchasing the Qashier Terminal Product, you may purchase an extended warranty (“QashierCare”) which extends the period of the limited warranty by six-months for the Qashier Soundbox, cables and any other third-party hardware and accessories, and one-year for all other Qashier Terminal Products.
e. Limited warranties and extended warranties are only applicable for hardware defects including:
– Power adapter, which comes together with the original packaging of your Qashier Terminal Product, is unable to charge the Qashier Terminal Product’s battery or power up the Qashier Terminal Product due to a factory defect.
– Swollen battery of your Qashier Terminal Product which is not due to accidental damage.
– Flickering screen due to factory defect, not accidental damage, to either screen of your Qashier Terminal Product.
– Dead pixels appear on the screen due to factory defect, not accidental damage, to either screen of your Qashier Terminal Product. Qashier will exchange the terminal for a new replacement product that is new or refurbished and has been tested and passed Qashier’s functional requirements.
– Unresponsive touchscreen panels of your Qashier Terminal Product due to factory defects.
f. Limited warranties and extended warranties are not applicable where:
– Wear and tear, scratches, and cosmetic issues from normal usage.
– Lost or stolen Qashier Terminal Product.
– Intentional damage, misuse, tempered or trying to repair the Qashier Terminal Product by yourself.
– Natural disasters or other external causes.
9. End Users
You may only purchase the Qashier Terminal Products for your own use. You may not otherwise resell, rent, lease or distribute Qashier Terminal Products, or allow a third party to use Qashier Terminal Products that you have purchased. We reserve the right to refuse to sell or ship the Qashier Terminal Products to any person we believe intends to use, resell, distribute or lease the Qashier Terminal Products in a manner prohibited by these Purchase Terms (which include the Reseller Terms). The foregoing limitations will not apply to the extent prohibited by applicable Law.
10. Use of Qashier Terminal Products
a. You must only use Qashier Terminal Products with the Qashier Terminal Services, the Qashier Terminal Software, and the Qashier Payments Services, unless otherwise agreed in written between Qashier and you.
b. You must use Qashier Terminal Products in a manner that is consistent with the terms of the Qashier Agreements.
c. You must ensure that only competent trained employees (or persons under their supervision) are allowed to operate or use Qashier Terminal Products and that adequate security measures are put in place to safeguard Qashier Terminal Products and data collected by and held on Qashier Terminal Products.
d. You must only use Qashier Terminal Products for the purpose for which they are provided and in accordance with all relevant Documentation.
e. If you ship Qashier Terminal Products, you must package the products appropriately and sufficiently to avoid damage caused in transit as a result of insufficient packaging.
f. You must use Qashier Terminal Products in a lawful manner, and must obey all laws, rules, and regulations and other binding requirements or standards of any governmental authority (collectively “Law”) that apply to your use of Qashier Terminal Products. This may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising.
g. In the event that you cease your business operations, you are notify us as soon as practicable, and are required to return the Qashier Terminal Product to us (including all accessories and components) the Qashier Terminal Product within 30 days after the cessation of your business. Notwithstanding the above, Qashier reserves the right to disable the Qashier Services on the Qashier Terminal Product anytime that we assume you might have already ceased your business operations.
11. Restrictions
You must not, and must not enable or permit any third party to:
a. ship a Qashier Terminal Product outside of the country to which Qashier shipped that product;
b. use a Qashier Terminal Product in any country other than the country to which Qashier shipped that product;
c. where a Qashier Terminal Product is registered to a location, move the Qashier Terminal Product to a new location without registering the device to its new location and downloading the local device configuration;
d. represent, or use any technical measures in an attempt to represent, that the location of a Qashier Terminal Product is a location different from its actual physical location;
e. use a Qashier Terminal Product to enable any party (including you) to benefit from any activities Qashier has identified as a restricted business or activity as listed at https://qashier.com/restricted-businesses. Restricted businesses include use of the Qashier Terminal Products in or for the benefit of a country, organization, entity, or person embargoed, blocked or on a sanctions list identified by any government, government body or supranational body; or
f. (i) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of a Qashier Terminal Product, Documentation, or our website except as expressly permitted by applicable Law; (ii) transfer any rights granted to you under these terms unless otherwise agreed between you and Qashier in writing; (iii) work around any of the technical limitations implemented in a Qashier Terminal Product or enable functionality that is disabled or prohibited; (iv) reverse engineer or attempt to reverse engineer a Qashier Terminal Product except as expressly permitted by applicable Law; (v) perform or attempt to perform any actions that would interfere with the normal operation of a Qashier Terminal Product or impact the use of the Qashier Terminal Products by other users; or (vi) impose an unreasonable or disproportionately large load on the Qashier Services.
12. Limitation on Use – Commercial Purposes Only
The Qashier Terminal Products may be used for commercial purposes only, and you must not use, or allow any other person to use, the Qashier Terminal Products for personal, family, or household use.
13. Unauthorized or Illegal Use
If we suspect or know that you are using or have used Qashier Terminal Products for unauthorized, fraudulent, or illegal purposes, or in a manner that exposes you, Qashier, or others to risks unacceptable to Qashier, we may limit or disable the functionality of your Qashier Terminal Products, until such time as you demonstrate to our reasonable satisfaction that our suspicion was unfounded, or you provide us with sufficient assurances that the unacceptable use has been appropriately mitigated and will not recur.
14. Export
The Qashier Terminal Products may be subject to foreign export control Law and must be purchased, exported, transferred, and used in compliance with all applicable export Law. Qashier does not claim and does not guarantee that the Qashier Terminal Products shipped to an address in any given country will be appropriate or available for use in any other country or comply with applicable Law governing export, import, or foreign use. You must comply with all international and national export controls Law, and the end user, end use and destination restrictions imposed by any country, that apply to the Qashier Terminal Products you purchase or receive from Qashier under these Purchase Terms.
15. Installation, Updates, and Maintenance; Use with Third-Party Products
You are responsible for installing, integrating and maintaining the Qashier Terminal Products, which includes updating the Terminal Device Software as may be required by Qashier or the original equipment manufacturer (OEM) from time to time under the Terminal Device EULA (defined in Section A.18 below). Qashier will not be obligated to provide services or support for any Qashier Terminal Product that contains an outdated version of the Terminal Device Software.
Use of the Qashier Terminal Products in conjunction with any other products, such as hardware accessories, may lead to incompatibilities which cause the Qashier Terminal Products to not function correctly. As a consequence, all such use is at your own risk.
16. Ownership and Rights
These Purchase Terms do not grant any rights or licenses in the Qashier Terminal Products other than as expressly stated in these Purchase Terms and the Terminal Device EULA. As between you and Qashier, Qashier and its licensors exclusively own all rights, title and interest, including all copyrights (including rights in derivative works), moral rights, rights of publicity, patents, trade secrets, trademarks, service marks, logos and designs, trade secrets, and other intellectual property rights, in and to the Qashier Terminal Products. All rights not expressly granted are reserved by Qashier. Any use of Qashier’s trademarks must be in accordance with the Qashier Marks Usage Agreement available at https://qashier.com/marks/legal.
17. Feedback
You may choose or we may invite you to submit comments or ideas about improving the Qashier Terminal Products. If you submit comments or ideas to us, you agree that your submission is voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the comments and ideas under law, contract or otherwise. You also agree that Qashier has no fiduciary or any other obligation to you in connection with any comments and ideas you submit to us, and that we are free to use your comments and ideas without any attribution or compensation to you.
18. Software License Terms
The Terminal Device Software is defined in and licensed under an end user Software License Agreement located at https://qashier.com/legal/terminal-device-eula (“Terminal Device EULA”). You, and your use of Qashier Terminal Products, must comply with the Terminal Device EULA. Notwithstanding the Terminal Device EULA, in addition to the transfer rights you have under the Terminal Device EULA, you may disclose to third parties Terminal Device Software strictly in accordance with the Reseller Terms.
19. Rentals and Loans
a. In certain cases as agreed to with Qashier in writing, you will not be purchasing the Qashier Terminal Products, but instead, renting refurbished Qashier Terminal Products temporarily on loan for a period of time (“Rental Period” or “Loan Period”). Section A.10 applies to the usage of Qashier Terminal Products obtained under this Section.
b. Prior to the commencement of the Rental Period, you will be required to pay an amount to Qashier consisting of (a) a non-refundable Rental Fee, (b) and a Security Deposit, which will be listed to you in writing and may vary by country. The amounts you pay are in addition to the fees you pay for other business services that may be offered by Qashier and its affiliates (each, a “Qashier Service” or “Service”) that are provided to you under your agreements with Qashier, including the Qashier Services Agreement (collectively, the “Qashier Agreements”).
c. The Security Deposit is held by Qashier as a security for the due performance and observance by you under the Service Agreement, and the fulfilment by you of your obligations herein. Qashier shall be entitled as its option at any time to offset any Fees or other charges due and owing by you to Qashier under or in connection with the Service Agreement or any damages payable against the Security Deposit, including but not limited to, card chargebacks, tempering, damages and/or loss of Qashier Terminal Products. Qashier’s 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 the Rental Period (unless otherwise stated in your Service Agreement), Qashier shall refund the Security Deposit Deposit without interest to you less such sum as Qashier may be entitled to deduct herein.
Section B. General Terms
1. Disclaimer
The Qashier Terminal Products are provided as-is and with all faults. Except as expressly stated in these Purchase Terms, Qashier, its affiliates, and the respective employees, directors, agents, licensors and service providers of Qashier and each Qashier affiliate (each a “Qashier Party” and together the “Qashier Parties”) provide no express or implied warranties or conditions, and Qashier disclaims and excludes any implied terms, representations, warranties, and conditions with respect to the Qashier Terminal Products, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, satisfactory quality and non-infringement, as well as any other implied warranties, such as warranties regarding data loss, availability, accuracy, functionality and lack of viruses. These disclaimers will apply except to the extent applicable Law does not permit them. Any warranties, guarantees, or conditions that cannot be disclaimed as a matter of law, but which may be limited in duration, last for one year from the date on which you receive a Qashier Terminal Product.
2. Limitation of Liability
a. Under no circumstances will any Qashier Party be responsible or liable whether in contract, tort (including negligence), under statute or otherwise to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Qashier Terminal Products or for the unavailability of the Qashier Terminal Products, for lost profits, personal injury to the extent allowed by applicable Law, or property damage, or for any other damages arising out of, in connection with, or relating to these Purchase Terms or your use of the Qashier Terminal Products, even if those damages are foreseeable, and whether or not you or the Qashier Parties have been advised of the possibility of those damages except as provided in Section B.2.b. The Qashier Parties are not liable whether in contract, tort (including negligence) under statute or otherwise, and further deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Qashier Terminal Products. The Qashier Parties are not liable, and further deny responsibility for all liability and damages to you or others whether in contract, tort (including negligence), under statute or otherwise caused by (i) your or your employees’, agents’, contractors’, end users’, and other personnel’s access or use of the Qashier Terminal Products inconsistent with the Documentation; (ii) any unauthorized access of servers, infrastructure, or data used in connection with the Qashier Terminal Products; (iii) interruptions to or cessation of the Qashier Terminal Products; (iv) any bugs, viruses, or other harmful code that may be transmitted to or through the Qashier Terminal Products; (v) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (vi) third-party content provided by you or your employees, agents, contractors, end users, and other personnel; or (vii) the defamatory, offensive, or illegal conduct of others. The foregoing limitations will not apply to the extent prohibited by applicable Law.
b. Except to the extent prohibited by applicable Law, you agree to limit any additional liability whether in contract, tort (including negligence), under statute or otherwise not disclaimed or denied by the Qashier Parties under these Purchase Terms to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount paid by you to Qashier for the Qashier Terminal Products.
c. Nothing in these Purchase Terms operates to exclude or limit liability for (i) death or bodily injury; or (ii) fraud or willful misconduct, to the extent that doing so would contravene applicable Law.
3. Disclosures and Notices; Electronic Signature Consent
Qashier can provide notices regarding the Qashier Terminal Products (“Notices”) to you through our website or through QashierHQ, or by mailing Notices to the email or physical addresses identified in your Qashier Account. Notices may include notifications about the Qashier Terminal Products or other information we are required to provide to you. Electronic delivery of a Notice will have the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you 24 hours after the time a Notice is either posted to our website or emailed to you.
4. No Agency
Nothing in these Purchase Terms serves to establish a partnership, joint venture, employment, or agency relationship between you and us. You will have no authority to enter into any agreement on Qashiers’ behalf or in Qashier’s name or otherwise bind Qashier to any agreement or obligation.
5. Force Majeure
Neither party will be liable for any nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay any amounts owed to Qashier under these Purchase Terms.
6. Your Liability For Third-Party Claims Against Us
a. Without limiting, and in addition to, any other obligation that you may owe under these Purchase Terms, you are at all times responsible for the acts and omissions of your employees, directors, contractors and agents, to the extent they are acting within the scope of their relationship with you.
b. You agree to defend each Qashier Party against any claim, suit, demand, loss, liability, damage, action, or proceeding (each a “Claim”) brought by a third party against a Qashier Party, and you agree to fully reimburse the Qashier Parties for any Claims that results from: (i) your breach of any provision of these Purchase Terms ; (ii) negligent or willful misconduct of you, your employees, contractors, or agents; or (iii) contractual or other relationships between you and any third party, including your customers.
7. Representations and Warranties
By accepting these Purchase Terms, you represent and warrant that (a) you have the authority to execute and perform the obligations required by these Purchase Terms; (b) you will comply with all Law applicable to your business and use of the Qashier Terminal Products; (c) your employees, directors, contractors and agents will at all times act consistently with these Purchase Terms; and (d) you will not use the Qashier Terminal Products, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Qashier Terminal Products or the Qashier Terminal Services.
8. Governing Law; Intellectual Property Disputes
a. Governing Law: These Purchase terms will be governed by and construed in accordance with the laws of the region to which the Qashier Terminal Products were shipped by or on behalf of Qashier. The terms of the United Nations Convention on Contracts for the International Sale of Goods will not apply.
b. Intellectual Property Disputes: In the event that there is a dispute, claim or controversy arising out of or relating principally related to either party’s intellectual property (an “IP Claim”), each party agrees to bring the IP Claim before the courts that are located in the country to which the Qashier Terminal Products were shipped by or on behalf of Qashier. The parties irrevocably consent to the exclusive jurisdiction and venue of the applicable Courts, and you and Qashier each agree not to commence or prosecute any IP Claim other than in the applicable Courts. You and Qashier each waive all defenses of lack of personal jurisdiction and forum non-conveniens.
9. Dispute Resolution
a. Binding Arbitration: All disputes, claims and controversies, whether based on past, present or future events, arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, will be referred to and finally determined by arbitration administered by an arbitration centre located in such Country of Residence (e.g. for Singapore, the Singapore International Arbitration Centre) in accordance with any arbitration rules of the arbitration centre for the time being in force, which rules are deemed to be incorporated by reference in this Section 13. The Tribunal will consist of one arbitrator. The seat of arbitration will be in such Country of Residence. The language of arbitration will be English.
b. Nothing in this Agreement will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
c. A party must notify the other relevant parties of its intent to commence arbitration prior to commencing arbitration. The parties will then meet for the purpose of resolving the dispute and, if the dispute is not resolved within 30 days of the initial notice, then any of the relevant parties may commence arbitration.
10. Assignment
You may not assign, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Purchase Terms or any rights or obligations under these Purchase Terms, without the prior written consent of Qashier. Any purported assignment, transfer, delegation, or disposal by you without Qashier’s prior written consent will be null and void. Qashier may assign any of its rights and obligations under these Purchase Terms without your prior written consent. These Purchase Terms will be binding upon and will inure to the benefit of you and Qashier and their respective successors and permitted assigns.
11. Entire Agreement
These Purchase Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Qashier for provision and use of the Qashier Terminal Products. Except where expressly stated otherwise in a writing executed between you and Qashier, these Purchase Terms will prevail over any conflicting policy or agreement for the provision or use of the Qashier Terminal Products. These Purchase Terms set forth your exclusive remedies with respect to the Qashier Terminal Products. If any provision or portion of these Purchase Terms is held to be invalid or unenforceable under applicable Law, then it will be reformed and interpreted to accomplish the objectives of that provision to the greatest extent possible, and all remaining provisions of these Purchase Terms will continue in full force and effect.
12. Cumulative Rights, Construction, Waiver
The rights and remedies of the parties under these Purchase Terms are cumulative, and either party may enforce any of its rights or remedies under these Purchase Terms, along with all other rights and remedies available to it under applicable Law or in equity. No provision of these Purchase Terms will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. To be enforceable, a waiver must be in writing and signed by the waiving party. The failure of a party to enforce any provision of these Purchase Terms will not constitute a waiver of that party’s rights to subsequently enforce the provision.
13. Survival
Provisions in these Purchase Terms which by their nature are intended to survive termination (including indemnification obligations and limitations of liability) will survive termination of these Purchase Terms.