Poster Terms and Conditions
Last updated: November 25, 2017
Welcome to Poster!
We are happy you chose our is a cloud-based tablet Point of Sale platform that offers cafes, shops and restaurants a simple platform from which to manage sales, inventory and marketing activity.
Please read these Terms and Conditions (the Terms) carefully before using the tools, services, materials, information Poster provides (the Services) as they affect your obligations and legal rights, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. It is very important.
Poster is an online trading facilities management platform that provides tools for cafes, restaurants, shops etc.) to manage sales, inventory and marketing activity (the Platform) managed by Poster Pos Inc., a company registered at Dover, Country of Kent, 160 Greentree Drive, Suite 101, 19904, Delaware, USA.
Your Acceptance of Terms
Access to all Services is given to you on the condition that you accept and agree with the Terms. Registration within the Platform and use of the Services indicates your consent with these Terms. If you do not agree to all the terms and conditions, then you may not access the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
The privacy and wellbeing of children is one of our concerns. Here at Poster we can provide services only in case you as the user are aged 16 or older. If you are under 16 you will need to get your parent’s/guardian’s permission before submission any private information to Poster.
We reserve the right to refuse the provision of Services to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.
Enjoying the Platform
In order to use Poster Platform you may be required to register and obtain an account within the Platform. You should provide true, actual and complete information while registering, and update your account information if necessary.
You are responsible for maintaining the confidentiality of your password and for all activities that occur within your account. Poster will not be responsible for any loss or damage arising from your failure to provide accurate information or to keep your password secure. Please use the unique combination of numbers, letters and special characters for passwords and be sure to log off from your account at the end of each session. Poster will of course take all the necessary technical and organisational measures in order to keep your information secure but you also have to be cautious.
After your account have been created…
After you created your account at Poster Platform you will be able to use Poster computer program, created (developed) as a SaaS model (Software-as-a-Service) to automate processes in trading facilities (cafes, restaurants, shops etc.) through cloud and its program code, and all objects of copyright and related rights, inventions, technology, ideas, concepts, processes, business plans, know-hows, trade secrets, documentation, financial projections, models and any other items, authored, conceived, invented, developed, designed or acquired by the Poster as part of the Platform.
Licence to use the Platform
Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms Poster grants you the right (known as a license) to access and use the Platform pursuant to these Terms.
The license is:
- ‘Limited’ (meaning that you can only use the Platform for the purposes we set out in these Terms);
- ‘non-exclusive’ (meaning that Poster can grant the same and similar licenses to other people as well);
- ‘non-transferable’ (meaning that the license is only for your benefit and you may not transfer any of the rights that we grant to you to any other person);
- ‘non-sublicensable’, (meaning that you also may not sub-license any of the rights that we grant to you to any other person);
- ‘revocable’ (meaning that Poster can terminate this license);
- and conditional on your compliance with these Terms.
Your license to access the Platform is not limited by territory. Thus, the license applies worldwide unless the applicable law or the law of the country of your location forbids such license in certain countries.
Such license does not confer on you any ownership interest in Platform. Words such as “purchase”, “payment” or “sale” (and similar terms, including all tenses), as applied to the Platform and the Services, refer to the grant to you of a limited license as described herein.
All Poster’s materials, including intellectual property rights therein and thereto, are the property of Poster or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the materials from the Platform except as expressly authorized by these Terms.
Choosing the best Pricing Plan for you
After the creation of the account within the Platform the invoice will be available for you in the administration panel of your account. In order to use the Platform you will have to pay the 100% advance payment of the amount indicated in invoice until 00:00 of the day you are planning to start using Platform.
All further invoices have to be paid in 100% advance not later than 3 days before the start of the new paid period of using the Platform pursuant to the Procing Plan you chose.
In case the invoice for payment is not paid before 00:00 of the day when you start using the Platform Poster will be entitled to terminate this Agreement and block the access to the Platform. Poster will not be liable for any direct or indirect or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings caused by the blocking of access to the Platform due to non-payment of the invoice.
In case you seize to use the Platform or terminate the Agreement unilaterally all the payments you made in advance shall not be refunded by Poster.
In case Poster unilaterally terminates the Agreement all the payments made by you for the use of the Platform shall be refunded to you to the bank account you indicate for this purpose. The amounts paid shall not be refunded in case your breach of this Agreement.
The list and detailed description of the Pricing Plans is available here. Please note that his list shall constitute the integral part of this agreement and shall be subject to the procedure of amendments set in these Terms and Conditions in Section 11. In case you disagree with any amendments of the Pricing Plan that you indicate by non-payment for the using of Platform the Agreement shall be deemed terminated after the paid time for using the Platform based on the Pricing Plan before the amendments expires.
Limitations on Use of the Service
While using the Platform you may not, and may not encourage, authorize, or assist others to,
- reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the Platform and/or extract any files from them,
- or make or attempt to make any modification to the Platform,
- modify, defeat, interfere with, or circumvent any feature of the Platform, including any security or access control mechanism,
- attempt to probe, study or test the vulnerability of the Platform or to breach any security or authentication measures, regardless of your motives and/or intent,
- attempt to damage, interfere with, or disrupt the Services to any user, processor, host or network, including by submitting a virus, worm, or Trojan horse,
- pretend that you are, or that you represent, someone else or impersonate any other individual or entity,
- intercept any system data, personal information, or other data relating to the Platform,
- access or use the Platform for any unlawful purpose,
- take any action that would impose a disproportionately large or unreasonable load on our network or other infrastructure,
- use or launch any “robot”, “spider”, “page-scraper”, "deeplink" or other automated means to accesses, acquires, copies, or monitors any part of the Platform.
Any of the above-mentioned as well as any action that is contrary to law shall be the ground for unilateral termination of this Agreement by Poster without the obligation to make any refunds of the paid amounts.
Poster shall maintain the reliable performance of the Platform throughout the term of its using. This shall include
- constant updates and amendments of the Platform’s software in order to eliminate any deficiencies, errors and bugs that can deteriorate the use of software;
- providing consultations to you regarding the functions of the Platform, Pricing Plans and other organizational issues
After the payment of the first invoice an IT-professional shall be dedicated to you in order to help you with every issue that can arise while you’re using the Platform. In order to reach him please use the online chat on the Poster’s website or the following contact details
Telephone: +1-415-573-19-08, Email: email@example.com
If your business needs require additional or more complicated technical support, we can enter into a separate agreement on the terms for its provision.
Privacy (Personal Data)
Deactivation/Termination of Your Registration
You may deactivate your registration on the Services, at any time and for any reason, by sending an email request to firstname.lastname@example.org.
We may terminate your use of and registration within the Platform at any time if you violate these Terms. In such case the Poster will refund only the amounts paid for the Services in upcoming months that were not used by the user without the obligation to refund the amounts paid in the month when the termination was made.
Disclaimer of Warranties
Here are some standard disclaimers you have to be familiar with.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE SERVICE AT THE PLATFORM IS PROVIDED "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. POSTER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT ANY SERVICES WILL BE AVAILABLE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER PARTICULAR SERVICES FOR ANY PARTICULAR LENGTH OF TIME (UNLESS WE EXPRESSLY SAY OTHERWISE AS PART OF THE SERVICES).
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. POSTER MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. POSTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
POSTER IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSTER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF POSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
POSTER DOES NOT ACCEPT ANY RESPONSIBILITY RELATED TO THE OPERATION OF ANY SOFTWARE, THE PRESENCE OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE ELEMENTS, DANGEROUS OR DESTRUCTIVE FILES, WHICH CAN SPREAD OR IN ANY OTHER WAY AFFECT THE SOFTWARE AND HARDWARE AS A RESULT OF USING THE SERVICES BY YOU, ACCESSING INFORMATION OR DOWNLOADING ANY MATERIALS.
Changes to Terms and Assignment
We may change these Terms from time to time so please check this page to ensure that you’re happy with any changes. The additional notifications on any amendments shall be sent to your Poster account. If within one week after the notification is sent you continue to use Poster Platform, you will be considered as having accepted all the amendments made.
Governing Law and Dispute Resolution
These Terms shall be governed by construed and enforced in accordance with the laws of Delaware, USA. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported and/or re-exported from the country you reside in.
Both we and you shall seek to resolve by negotiations any dispute of any kind between you Poster arising under these Terms (including any questions regarding their implementation, execution, validity or termination).
If Poster and you fail to agree in negotiations within ninety (90) calendar days from the date of their beginning, the dispute shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one arbitrator appointed in accordance with the said Rules. The substantive law of Delaware, USA shall be applicable. The language to be used in the arbitral proceedings shall be English.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. Poster may limit or deny to any person, in its sole discretion, access to any feature, product or service.
Poster may, in its sole discretion, assign its rights and/or delegate its duties under this agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of Poster, which Poster may withhold in its sole discretion, shall be void.
We hope these Terms helped you to understand how the Poster Platform works and be sure everything is foreseeable and safe while using it. So, enjoy our Platform!
If you have any questions regarding the use of Services or regarding these Terms, you should send us an e-mail to email@example.com.
Your Poster team.