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Updated 17th November 2017

TERMS AND CONDITIONS

THIS AGREEMENT is made

BETWEEN:

(1)Tillpoint Enterprise Ltd a company registered in England and Wales under number 07959651 whose registered office is at 26 Hammersmith Grove, London, W6 7BA, United Kingdom ('the Service Provider') and

(2)The End User Business ('the Customer')

WHEREAS:

(1)The Service Provider hosts and provides access to the Applications described herein in its capacity as an Application Service Provider.

(2)The Customer wishes to access the Applications described herein as hosted by the Service Provider under a non-exclusive Licence, from a remote location, in return for the payment of a monthly or annual fee and subject to the terms and conditions of this Agreement.

IT IS AGREED as follows:

These terms of use ('Terms') set out the terms and conditions for your use of the Tillpoint Services offered by Tillpoint Enterprise Ltd or its related companies ('we' or 'Tillpoint'). The person or organisation entering into these Terms as a user of the Tillpoint Services, together with all individual users accessing the Tillpoint Services on that person's behalf (together, 'you' or 'Users') accept and agree to be bound by these Terms. Tillpoint grants you a limited, non-exclusive, non-transferable, revocable licence to use the Tillpoint Services (subject to your account type) in accordance with these Terms.

In these Terms, 'Tillpoint Services' means Tillpoint's point of sale, business management application, inventory management and all modules, products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including the Tillpoint and Tillpoint POS and iOS applications ('Apps') and tillpoint.com ('Website').

If you do not agree to any of these Terms, then you should not use the Tillpoint Services. All rights not expressly granted to Users in these Terms are reserved by Tillpoint

Amendments

We may change these Terms from time to time, and will endeavour to notify you of such changes via email or by displaying a message when you next use the Tillpoint Services. If you continue to use the Tillpoint Services, your use will be governed by the updated Terms.

From time to time, we may add, make changes to or remove altogether features or functionality of the Tillpoint Services including but not limited to the choice and compatability of devices or hardware on which they run. If you're using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Tillpoint Services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any Tillpoint Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Tillpoint Services, or the website or the Apps or any version of them.

Account information

You must be 18 years or older in order to access and use the Tillpoint Services. You agree to provide true, accurate, current and complete account information, including name, email and contact information and any other information that may be requested or required and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. You agree for us to hold your account information, including name, email and contact information and any other information that may be requested or required.

Cancellation of accounts

We can cancel or suspend your account at any time if, at our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the Tillpoint Services.

You are entitled to cancel your account with Tillpoint at any time. You may cancel your account by following the prompts when you are logged into your account through the Apps or the Website (if applicable). If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and then you would continue having access until the end of the paid period and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).

If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content may not be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation if feature is available (you will not have access to back-up or replicate data on the “Lite” subscription plan or during a free trial period of any subscription plan).

Pricing, Fees and taxes

The fees charged for use of the Tillpoint Services are set out on the Website and or App and referred to as ('Pricing or Fees') and are subject to change at any time without notice. However, for existing Customers we will endeavour to notify you (by email or by displaying a message on your App or website when you next use the Tillpoint Services) at least 30 days before increasing the Fees. Fees are charged in advance on a monthly or annual basis and are deemed non-refundable, including if you only use part of a month or year's subscription for the Tillpoint Services. Unless required by law, we will not provide refunds in connection with the Tillpoint Services. A valid credit or debit (if applicable) card number is required for paying all Fees.

If you are carrying out a free trial of the Tillpoint Services (as offered on the Website or the App), the free trial will begin on the day that your account is opened and end 30 days later (with the exception of the “Lite” subscription plan). If you wish to continue to use the Tillpoint Services at the end of the free trial period, you will need to provide valid credit or debit (if applicable) card details and the payment would need to be processed within a limited time period otherwise your account including any data may be cancelled or deleted (unless you choose to use any free Tillpoint Services which we may offer from time to time).

Tillpoint Services reserves the full right to charge taxes to all fees and pricing plans regardless of where the Customer resides, carries out business activities or chooses to use the Tillpoint Services. All Pricing and or Fees are exclusive of all taxes, and you indemnify and hold Tillpoint Services harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

You may upgrade or downgrade your account at any time

You may upgrade or downgrade your account subscription plan (for example, from Advanced to Enterprise, or from Advanced to Starter) at any time by following the prompts when you are logged into your account. Changing the subscription plan often results in a proration: a charge adjustment that will be reflected on your next invoice that could be due immediately depending on your subscription plan.

The upgrade or downgrade will become effective immediately. If you downgrade your account, a credit will be paid in respect of any unused portion of any higher account offering less a charge for the remaining time on the new plan. The next invoice at the start of the next billing cycle will reflect any credit or amount due. When credits are created, they will continue to apply to subsequent invoices until the credit is covered and payment is due again.

If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then immediately apply the cost of the new plan for the rest of the billing cycle to next invoice less any credit if applicable. Your credit or debit card will then be charged for any net amount due as a result of the upgrade.

If the current and new plans have different billing periods (i.e. monthly or annually) then when upgrading or downgrading your account subscription plan will result in your new billing cycle commencing from the date of change. However, if for example you are changing from one monthly plan to another monthly plan this does not change your billing dates.

Downgrading your account may cause the loss of content, or features of capacity of your account including but not limited to the number of terminals and number of users permitted to use the App. If you choose to downgrade your account, Tillpoint Services does not accept any liability whatsoever for the resulting loss of data, content, features, capacity or any cause or damage suffered as a result.

Tillpoint Services are provided 'as is'

The Tillpoint Services are provided on an 'as is' and 'as available' basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Tillpoint Services.

We do not warrant under any circumstances that: (a) the Tillpoint Services will meet your specific requirements; (b) the Tillpoint Services will be uninterrupted, timely, secure, or error-free; (c) the Tillpoint Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Tillpoint Services will meet your expectations; or (e) any errors in the Tillpoint Services will be corrected.

You acknowledge that Tillpoint Services may use third party suppliers to provide hardware, software, networking, connectivity, storage, printing, integration, payments services and other technology including marketing and advertising in order to provide the Tillpoint Services. The acts and omissions of those third party suppliers may be outside of Tillpoint's control, and Tillpoint Services does not accept any liability whatsoever for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Tillpoint Services excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

Our liability is limited

To the maximum extent permitted by law, Tillpoint Services shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Tillpoint has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding the Tillpoint Services; or (e) any other matter relating to the Tillpoint Services.

In any case, Tillpoint's maximum aggregate liability under or in connection with these Terms or your use of the Tillpoint Services is limited to the amount of Fees paid by you in the past 12 months.

You are responsible for your use of the Tillpoint Service and you indemnify us

You are responsible for all activity that results from use of the Tillpoint Services through your account. You are responsible for maintaining the security of your account, password or pin. Tillpoint Services will not be liable for any loss or damage that may result from any failure to keep User names, passwords, pins, accounts, software and hardware devices secure.

You indemnify Tillpoint Services against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Tillpoint Services may incur or suffer as a result of use of the Tillpoint Services through your account or as a result of your failure to comply with these Terms.

No malicious or illegal use

You must not: (a) use the Tillpoint Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Tillpoint Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Tillpoint Services; (d) use the Tillpoint Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Tillpoint Services or our systems or attempt to decipher any transmissions to or from the servers running any Tillpoint Services; (f) disclose or distribute information relating to another User of the Tillpoint Services to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.

Reasonable use policy

You agree to use the Tillpoint Services in a reasonable way (including, to avoid doubt, if you have subscribed for an 'unlimited' account). If we determine that your use of the Tillpoint Services is not reasonable or that your use is causing degraded performance of the Tillpoint Services for you or for other Users, we may impose limits on your use of the Tillpoint Services or cease your subscription altogether. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.

Limits on your use of the Tillpoint Services may include (but are not limited to) the quantities and volumes of the following parameters, per retailer: (a) storage required to host and backup retailer data; (b) sales transactions per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) page views per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) outlets, registers, terminals, users, products and customers.

Intellectual property

You agree that Tillpoint Services owns all of the intellectual property rights existing in the Tillpoint Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Tillpoint's brand, registered marks words or images, branding or logos except with Tillpoint Service’s prior written consent.

You grant Tillpoint Services a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Tillpoint through your use of the Tillpoint Services, provided that we aggregate or anonymise that information or data before using it. Other than this right, Tillpoint claims no intellectual property rights in relation to the information or content you input into the Tillpoint Services.

You may provide us with comments, feedback or suggestions on Tillpoint Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.

General

If we don't insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

The Tillpoint Services are provided for use in business, so you are not a consumer. To the maximum extent permitted by law, any statutory or other consumer protection provisions (including in the Consumer Rights Act 2015 and in the Fair Trading Act 1973) do not apply to the Tillpoint Services, these Terms or our relationship with you.

Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.

These Terms and Agreement shall be governed by the laws of England and Wales, and you submit to the exclusive jurisdiction of the courts of England and Wales for any matter or dispute arising between the Parties (1) and (2) in relation to these Terms.

Additional Terms for Apple App Store downloads

If you have downloaded an App from the Apple App Store, the following additional terms and conditions in this clause 14 apply:

These Terms are solely between you and Tillpoint, and not with Apple. We (and not Apple) are solely responsible for the App and its content (subject to these Terms). You acknowledge that Apple has no obligation to furnish any maintenance or support services to you in connection with the App.

In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.

You must comply with the App Store Terms of use, including the Usage Rules.

You represent and warrant that you are not located in any U.S. embargoed countries or on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple will have the right to enforce these Terms against you.

All other terms and conditions of these Terms apply to your use of the App.

Hardware without upfront costs

1.Tillpoint Services may offer some services where we supply hardware and/or software solutions, without any upfront cost, but instead with a monthly fee.

2.These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months.

3.The customer will be advised of the monthly fee at the time of purchase.

4.If the customer cancels the contract within 12 months they must return any hardware they have received, and pay the remaining balance of the 12 months contract. This is calculated by multiplying the number of months outstanding by the monthly fee.

5.After 12 calendar months, the contract will automatically renew unless either party cancel the contract at any time, by giving 30 days notice. The hardware supplied will remain the property of Tillpoint Services and must be returned unless it is paid in full. If the hardware is returned it must be in fully working condition acceptable by Tillpoint Services, if not then the replacement cost will be due immediately to Tillpoint Services by the Customer.

6.The Customer is at all times responsible for ensuring timely payments to avoid default charges. Tillpoint Services will charge £10 GBP (ex vat) for each day that payment is overdue.

7.The Customer holds Tillpoint Services harmless against any defaults or claims arising out of use of the equipment.

Complaints Procedure

1.Tillpoint Services endeavours to ensure that all customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complains Procedure.

2.If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team. Contact details are available at https://www.tillpoint.com/contact

3.If the issue has not been satisfactorily resolved the Customer should then make a written complaint either by email to customerrelations@tillpoint.com or by post to: Complaints, Tillpoint, 26 Hammersmith Grove, London, W6 7BA, United Kingdom.

4.Written complaints should include full details of the situation, and the nature of your complaint. Additionally please provide the best contact details to reach you on.

5.Tillpoint will endeavour to respond to the initial written complaint within 72 working hours, confirming that we have received your complaint, and advising you of which Tillpoint Customer Support Team will be managing the resolution for you.

6.The Assigned Manager will endeavour to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution.

7.Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision.

8.Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify them you wish to escalate your complaint further.

9.All sales are bound by these Terms and Conditions, and Tillpoint Services asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transaction, and is not bound by Consumer law (such as the Consumer Rights Act 2015).




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