TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.
1. Introduction and Agreement
These Terms and Conditions govern your access to and use of the pros pos, including any related software, hardware (if provided or specified), websites, services, and support (collectively, the “Service”) offered by pros pos, a company registered in Ghana.
By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
If you are using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and you will refer to that entity.
2. Definitions
- “Account” means the account created by the Merchant to access and use the Service.
- “Confidential Information” means any non-public information disclosed by one party to the other, designated as confidential or reasonably should be understood to be confidential.
- “Fees” means the subscription fees and any other charges payable by the Merchant for use of the Service, as outlined in the pricing schedule or specific agreement.
- “Hardware” means any physical equipment (e.g., terminals, printers, scanners) potentially provided by or required by us for use with the Service.
- “Merchant Data” means any data inputted by the Merchant or its authorized users into the Service, including transaction data, customer information (collected by the Merchant), product information, and business details.
- “Service” refers to the [Your POS System Name] POS system, software, associated services, and support.
- “Software” means the proprietary software applications provided as part of the Service.
3. Account Registration and Security
- Eligibility: You must be at least 18 years old and operate a legitimate business to register for and use the Service.
- Accuracy: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Security: You are responsible for safeguarding your Account login credentials (username and password) and for any activities or actions under your Account, whether or not you have authorized them. You must notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
4. License Grant
Subject to your compliance with these Terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software and Service solely for your internal business operations during the term of your subscription.
5. Service Description and Availability
- Description: The Service provides POS functionalities including [briefly list key features like transaction processing, inventory management, reporting, etc. – tailor this].
- Updates: We may update, modify, or enhance the Service from time to time, including adding or removing features, at our discretion. We will endeavor to provide reasonable notice of significant changes where practicable.
- Availability: We will use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be subject to limitations, delays, maintenance periods (scheduled or unscheduled), and other problems inherent in the use of the internet and electronic communications.
6. Merchant Responsibilities
- Compliance with Laws: You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations in Ghana and any other relevant jurisdiction. This includes, but is not limited to, laws related to business licensing, taxation, labor, data privacy and security (especially concerning your customers’ data – see Privacy Policy), consumer rights, and payment card industry standards (PCI DSS) if applicable to your handling of card data.
- Merchant Data: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Merchant Data. You retain ownership of your Merchant Data.
- Customer Dealings: You are solely responsible for all aspects of your interactions and transactions with your own customers, including providing customer service, handling returns and refunds, fulfilling orders, and addressing complaints.
- Hardware and Environment: You are responsible for obtaining and maintaining any required Hardware (unless provided by us under separate terms), network connections, and a secure operating environment necessary to access and use the Service.
- Data Backup: While the Service may include backup features, you are responsible for maintaining independent backups of your critical Merchant Data.
7. Fees and Payment
- Subscription Fees: You agree to pay the Fees associated with your chosen subscription plan as specified on our website or in a separate agreement. Fees are typically billed in advance on a recurring basis (e.g., monthly or annually).
- Payment: You must provide valid and current payment information. You authorize us (or our third-party payment processor) to charge your designated payment method for all applicable Fees.
- Taxes: All Fees are exclusive of applicable taxes (like VAT, levies, duties). You are responsible for paying all such taxes associated with your subscription.
- Late Payments: Late payments may incur interest charges at the maximum rate permitted by law and/or result in suspension or termination of your Account.
- Fee Changes: We reserve the right to change the Fees upon reasonable prior notice (e.g., 30 days). Your continued use of the Service after the effective date of the fee change constitutes your agreement to pay the modified Fee amount.
8. Intellectual Property Rights
- Our IP: We own all rights, title, and interest in and to the Service, the Software, our trademarks, logos, and all related technology and intellectual property. These Terms do not grant you any rights to our intellectual property except for the limited license specified in Section 4.
- Restrictions: You agree not to (and not to allow any third party to): (a) copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or Service; (b) sell, resell, license, sublicense, distribute, rent, or lease the Service; (c) use the Service for any illegal or unauthorized purpose.
- Feedback: If you provide us with any suggestions, feedback, or ideas about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Service without any obligation to you.
9. Confidentiality
Each party agrees to protect the other’s Confidential Information with the same degree of care it uses for its own similar information, but no less than reasonable care. Confidential Information shall not be disclosed to third parties except as necessary to provide or use the Service, or as required by law.
10. Data Processing and Privacy
Our collection and use of personal information in connection with the Service are described in our Privacy Policy. You acknowledge that you have read the Privacy Policy and agree to its terms. Regarding the processing of your customers’ personal data through the Service, you are typically the Data Controller and we act as your Data Processor, as further detailed in the Privacy Policy and potentially a separate Data Processing Addendum if required by law.
11. Third-Party Services
The Service may integrate with or allow you to access third-party services (e.g., payment gateways, accounting software). Your use of any third-party service is subject to the terms and conditions and privacy policies of that third party. We do not endorse and are not responsible or liable for the operation, content, or practices of any third-party services.
12. Term and Termination
Effect of Termination: Upon termination: (a) your license to use the Service ceases immediately; (b) you must cease all use of the Service; (c) you must pay any outstanding Fees owed; (d) we may delete your Account and Merchant Data according to our data retention policies (refer to Privacy Policy), potentially providing a limited period for data export, at our discretion or as required by law. Sections concerning Fees owed, Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions shall survive termination.
Term: This Agreement commences on the date you first accept it and continues until your subscription expires or is terminated.
Termination by You: You may terminate your subscription at the end of your current billing cycle by providing notice through your Account settings or by contacting us.
Termination by Us: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms or fail to pay Fees when due. We may also terminate for convenience with reasonable notice.
13. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled exclusively by the competent courts located in Accra, Ghana.
17. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, which may be provided via email, through the Service interface, or by posting on our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
Contact Information: If you have any questions about these Terms, please contact us at: Pros pos, Lapaz, Near Abrantie Spot(Accra, Ghana), Info@pros-pos.com, +233 209 010 0310.