Terms of Service
Last Updated: May 24, 2018
Welcome to the ACE POS Solutions Ltd. (“APS”) web site located at www.acepos-solutions.com (“Site”). APS provides this Site as a service to our customers. The following terms and conditions govern the sale and usage of products & services offered by APS. By submitting your order to us and using our products or services, you are indicating acceptance to be bound by these Terms and Conditions. These terms and conditions may be changed without prior notice at the sole discretion of APS.
Order Acceptance Policy:
Any products, services and pricing listed on this Site are not to be considered offers to sell, but rather advertisements to receive offers of purchase. All orders are subject to review and acceptance by APS. All prices are subject to change so your order may not be accepted or you may be advised of issues of pricing or availability in regards to your order. Receipt of order confirmation sent to you does not signify our acceptance of the order nor does it constitute confirmation of an offer to sell. APS reserves the right to accept or decline your order for any reason at any time after receiving your order. Only based on shipping or installations confirmation will our acceptance of your order be confirmed. All orders must be pre-approved with an acceptable method of payment before shipment or installation occurs. We may need additional information for verification purposes before we accept any order. If a paid order cannot be fulfilled as a result of APS within 30 days of the promised delivery date, you will be refunded for the amount paid. If you choose to accept any items that are delivered late, you will not be eligible for a refund as such. Paid orders that are not fulfilled as a result of customer delays are not eligible for refunds.
Prices:
All prices shown on www.acepos-solutions.com are in USD and do not include the applicable taxes unless otherwise noted. For customers located in and invoiced in Canada, we accept CAD at par to USD. The prices do not include shipping and handling nor any other services such as insurance. Price charged for orders will be the price at the time of the order.
Typographical Errors:
APS reserves the right in the event of any item listed at an incorrect price or with incorrect information due to a typographical error or an error on information received from our suppliers to decline and/or cancel any orders for the incorrectly listed item. We may cancel at our discretion orders which may or may not have been confirmed including orders which may have been paid for or charged to your credit card. In the event a charge has been made to your credit card and the order is cancelled prior to shipment, APS will immediately issue a credit to your card to offset the purchase.
Shipping & Handling and Taxes:
You, the buyer, are responsible for all applicable charges including but not limited to: shipping, handling, delivery, taxes and applicable tariffs associated with the purchase.
Risks associated with shipping:
When APS ships the product, our liability for damage or breakage on the shipment will be limited to the coverage provided by the carrier’s terms and conditions. You may wish to purchase additional insurance coverage for the full value of the product when you order. The appropriate request should be made when you submit your order request. APS does not give any delivery guarantee such as specified time or date. All shipping dates are estimated from information provided by the carrier and internal processing time.
Payment Terms:
Accepted payment methods include: Visa, Mastercard, Amex, JCB, PayPal or Wire Transfer. Orders will only be processed based on confirmation of payment.
Equipment Return Policy:
- Returns of new, unopened and unused equipment in original condition & packaging are accepted within 10 business days from the date of receipt.
- A 25% restocking fee will apply on any returns and the customer is responsible for the return freight cost.
- Customers are responsible for returning any equipment in undamaged, resellable condition (with protective packing during shipment). Any refundable amounts will be paid after the returned equipment is received and inspected.
- Final sale or used equipment are non-returnable.
Refund & Exchange Policy:
No refunds on software or training. New equipment shipped out to a customer directly from APS are photo-documented. In the event that new equipment is found to be defective, the customer must inform APS via email (support@acepos-solutions.com) within three (3) business days of receipt to initiate the RMA Exchange. Any equipment that is delivered damaged should be photographed by the customer for insurance claims.
Indemnification:
You agree to defend, indemnify, and to hold harmless APS, its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:
- Your access, use or inability to use the Site, APS products and APS services;
- An allegation that you violated any of these Terms.
Your agreement to defend, to indemnify, and to hold APS harmless applies whether a claim against APS arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that APS caused damage to you or any third party and your use and access of this Site, APS products and APS services.
Limitation of Liability:
ALL SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
APS will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, tax reporting, or other consequential, indirect, incidental, punitive or special damages. This applies in all cases however caused, whether for breach of warranty, contract, tort (including negligence), strict liability, or other reasons. Some of these limitations may not apply in some jurisdictions and those damages limitations not allowed under by exclusion or restriction under law may not apply to you.
Title:
Title to physical products purchased from APS passes to you when the product is shipped. Title to copyrighted or electronic material remains with the licensor of the material or the copyright holder.
Interpretation:
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflict of laws rules. The headings used in these Terms and Conditions are for reference purposes only and are not intended to be part of or affecting the meaning of these Terms and Conditions.
No Modification:
Any additional or altered terms attached or appended to an order shall be null and void, without effect unless agreed to in writing by APS. These Terms and Conditions may not be modified, altered or amended without the written agreement of APS.
Severability:
If any provision of these Terms and Conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remainder shall not be affected nor impaired. The Terms and Conditions stated herein are declared to be Severable.
Assignment:
This agreement with APS cannot be assigned without APS’ written authorization. APS is the intended beneficiary of this agreement. If there is any inconsistency between this agreement and other information or agreements included or relating to products or services purchased from APS, this agreement will take precedence.
Privacy Policy:
Please refer to our Privacy Policy https://www.acepos-solutions.com/privacy for information on how we collect, use and disclose information from our web site users and prospective or existing customers. You acknowledge and agree that your use of this Site, our products, our services and our content are subject to our Privacy Policy.
STORAGE AND RETENTION OF YOUR PERSONAL OR BUSINESS INFORMATION
Usage Information
When you use the Site, we collect metadata to provide additional context about the way the Site is being used. The usage data may include Product Analytics data, Technical log data, Device information, Location information including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is the Site and Google analytics tracking tools.
The legal basis for this processing is our legitimate interests cf. GDPR art. 6 (1) f, namely using this data for the purpose of ensuring the proper administration of the Site, analyzing the use of the Site, monitoring and improving the Site, improving the user experience, preventing abuse, and assisting users with support inquiries.
Storage and Retention of your Personal Data or Business Information
We retain Personal Data or Business Information for only as long as required to fulfill the identified purposes for which it was collected or as required by law. When you use the Site, archived Personal Data or Business Information that is collected will not ordinarily be erased unless and until your web browser cache is cleared, and even then we may retain some or all of your Personal Data or Business Information on our servers for customer service and improvement purposes. APS may be allowed to retain and process Personal Data for a longer period whenever you, the User, has given consent to such processing, as long as such consent is not withdrawn. Furthermore, APS may be obliged to retain and process Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. This Site requires by default acceptance of the terms of this Agreement and our Privacy Policy prior to usage, as such, any Personal Data collected or processed is done so on the lawful bases of either Explicit Consent during the specific steps prior to entering into a contract and/or to fulfill the terms of a Contract with APS. Any individuals whose Personal Data is lawfully processed by APS have the Right to Object and to withdraw Consent at any time but they do not have the Right to Erasure or the Right to Portability.
Your Personal Data or Business information may be stored in any APS on-site or third-party servers in encrypted form, and anytime it is transmitted, it is transmitted in encrypted form. For both data storage and transmission, generally accepted industry standards for encryption are used. For information about what type of information is collected by APS and what third-party processors are used, please see our Privacy Policy.
Personal Information Stored Outside Canada
You acknowledge and understand that APS, through the use of third-party service providers, may store and process your Personal Data or Business Information outside of Canada. In any event, whatever Personal Data or Business Information is stored outside Canada, it is stored in encrypted form.
Data Storage in APS’ Servers
You consent to allowing APS to store your Personal Data or Business Information in our electronic systems. Your Personal Data or Business information is stored in our database in encrypted form, and anytime it is transmitted, it is transmitted in encrypted form. For both data storage and transmission, we use generally accepted industry standards for encryption.
PROTECTING YOUR PERSONAL OR BUSINESS INFORMATION
APS strives to protect your Personal Data or Business Information. We use commercially reasonable administrative, technical, and physical measures to safeguard your Personal Data or Business Information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. For data transmission security, we use standard encryption protocols (SSL/HTTPS) for transmission of information or pseudonymisation. The processes protect your information by scrambling it before it is sent. When Personal Data or Business Information are stored, it is stored in our systems in encrypted form. Our hosting service providers for our database and application as well as our encryption key management service are renowned and reputable third-party hosting service providers whose privacy, security, transparency and industry-specific standards are best-in-class. Our systems and databases are backed up regularly to help protect your Personal Data or Business Information in case of an uncontrollable catastrophe.
Unfortunately, no data transmission over mobile applications and the internet and no storage of data, even in an encrypted form, can be guaranteed to be 100% secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your Personal Data or Business Information, we cannot warrant the security of any information you transmit to us, and you acknowledge that there is always some risk when transmitting information while using our or any other third-party software.
You acknowledge that APS is not responsible for any breach of security or for any actions of any third-party software.
Content:
All of the content that appears on the Site, including all original copy, visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by APS (“Content”). We either own or have a license to all such Content.
Subject to your compliance with these Terms, APS grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of this Site, our products and our services and solely for your personal and non-commercial purposes.
Linking and Framing of this website:
Links to this website without the expressed permission of APS are strictly prohibited. We reserve the right to cancel or revoke any permission given to link to our site at any time for any reason, without any notice without liability to you or any other person. Framing of this website or any of its content in any form or by any method is strictly prohibited.
Terms in English Language
The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms including notices, have been and shall be drawn up in the English language only.
Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Questions and Comments
If you have any questions regarding these Terms or your use of this Site, please contact us at info@acepos-solutions.com