Merchant License Agreement
Last updated: 15th March 2018
By subscribing for the service of INSTUT Pte Ltd’s advanced POS system (“INSTUT” “We,” “Us” or “Our”) you (“Licensee”) are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by INSTUT under the Terms of Service include various options and services to help you to sell goods and services to buyers via (“POS Services”). In these Terms, ("POS Services") means point of sale and inventory management products and services, and any features, technologies or functionality provided by these product or services, offered by us from time to time, including iRestaurant, iCafe, iKiosk, iSalon POS iOS applications ("Apps") and www.instut.com ("Website").
Subject to the terms hereunder, INSTUT hereby grants to Licensee a limited, non-exclusive, non-transferrable, revocable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the INSTUT website and related applications solely for the benefit of Licensee and not for any third party. Any rights not expressly granted hereunder are reserved. There are no implied rights of any kind.
INSTUT Pte Ltd reserves the right to modify the terms of this agreement by providing notice of changes on the INSTUT website. Licensee agrees to periodically inspect the INSTUT website to stay informed about such changes. Licensee agrees that licensee’s continued use of the service after such changes are announced constitutes acceptance of such changes.
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the POS services.
You are entitled to cancel your subscription with our services at any time. You may cancel your subscription by following the prompts when you are logged into your account through the apps or the website. If you cancel your subscription before the end of your current paid up monthly, seasonal or annual subscription, the cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance. If you cancel annual subscription, refund of Fees paid in advance will be calculated when 6 months or more period of the annual subscription is used.
When you unsubscribe: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately terminate; and (c) all of your data and content will not be deleted from our systems unless requested otherwise. You can recover contents anytime, when and if you decide to subscribe to our services again. We are not liable for any loss or damage following, or as a result of cancelling subscription, and it is your responsibility to ensure that any content or data which you require is backed-up before cancellation.
Limitation of Liability
To the maximum extent permitted by law, INSTUT Pte Ltd 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 INSTUT Pte Ltd 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 POS services; or (e) any other matter relating to the POS services.
No illegal or malicious use
You shall not use the advanced POS services for any illegal or unauthorized purpose nor shall you, in the use of the POS services, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the POS services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the POS services, use of the POS services.