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TERMS AND CONDITIONS 

Welcome to posit-app.com (referred to as “POSIT”).POSIT is a subscription service that provides our clients with access to a cloud-based ordering system, suitable for all food service businesses.
Our Terms of Use and End User License Agreement are described below and were last updated September 20th, 2019.


Sections:
1. Your Account
2. Rights Granted
3. Paid Subscriptions
4. Your Right of Withdrawal
5. Accessing the Service
6. Your Use of the Service
7. Promotions
8. Limitations of Liability
9. Other Important Terms
10. How to Contact Us and Further Information

These terms and conditions (referred to as “Terms”) apply to POSIT’s digital marketplace and service, the application and the management panel-including all features and functionalities, the website, the data bases, the servers, the user interfaces and any other resource of POSIT, as well as all content and software associated with the service (all of the above referred to as “Service”).
The Service is operated by POSIT (“POSIT”, “we”, “us”, “our”, or ”posit-app.com”). By using the Service, you acknowledge that you have read and understand these Terms and our Privacy Policy (collectively, the “Terms of Service”) and agree to be bound by our Terms of Service. We recommend that you print a copy of these Terms for future reference. If you do not understand or do not accept any part of these Terms, then you may not use the Service.
We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the Service with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.


1. YOUR ACCOUNT


1.1 In order to obtain access and use the Service you will need to create an account. You must be 18 (eighteen) years of age or over to create an account and by doing so you confirm that you are legally capable of entering into binding contracts.
1.2 You can choose one the following account types, as they are described in the website:
1.2.1 STANDARD account for which we will need your full name, email address and payment method. You will be charged in accordance with clause 3 and following payment, your subscription will become active automatically and you will have access to the Service, according to these Terms (especially clause 3), as soon as you receive your passcodes.
1.2.2 ADVANCED account for which we will need your full name, email address and payment method. You will be charged in accordance with clause 3 and following payment, your subscription will become active automatically and you will have access to the Service, according to these Terms (especially clause 3), as soon as you receive your passcodes.
1.2.3 PREMIUM account for which we will need your full name, email address and payment method. You will be charged in accordance with clause 3 and following payment, your subscription will become active automatically and you will have access to the Service, according to these Terms (especially clause 3,) as soon as you receive your passcodes.
1.3 You are responsible for your own account, including making sure that your details are correct (email, card details, etc.) and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please contact us immediately. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.


2. RIGHTS GRANTED


2.1 Subject to the restrictions set out in these Terms, we hereby grant you a limited, non-exclusive, non-transferable, worldwide right to use the Service.
2.2 You may not sell, rent, loan, lend, give, sublicense, or otherwise transfer to anyone your access to the Service.
2.3 You may not use the Service in any way that is or may be damaging to this website, the application, the databases, the servers and any other resource of POSIT.
2.4 You may not use the Service in any way that impacts other users’ access to this website, the application, the databases, the servers and any other resource of POSIT.
2.5 You may not use the Service in any way that is contrary to applicable laws and regulations, or in any way that may cause harm to this website, the application, the databases, the servers and any other resource of POSIT or to any person or business entity.
2.6 You may not use the Service in any way that is engaging in data mining, data harvesting, data extracting or any other similar activity in relation to this website, the application, the databases, the servers and any other resource of POSIT.
2.7 You may not use the Service in any way to engage in any advertising or marketing.
2.8 Any user ID and/or password you may have for the Service is confidential and you must maintain confidentiality as well.


3. PAID SUBSCRIPTIONS


3.1 In order to register for any account type (see1.2), you are required to provide a valid debit or credit card or other payment method that are acceptable by our Reseller (“FastSpring”). By subscribing to any account type, you agree that we are authorized to charge you via our Reseller, immediately and at the beginning of any subscription period. You also agree that you shall promptly notify us of any change in your billing information.
3.2 You may purchase any account type on a monthly basis. ONCE PURCHASED, YOUR SUBSCRITION WILL AUTOMATICALLY CONTINUE ON A RECURRING MONTHLY BASIS UNTIL YOU CANCEL IT, OR WE TERMINATE IT. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL YOUR SUBSCRIPTION. YOU CAN DO SO BY LOGGING IN INTO YOUR ACCOUNT AND VISITING THE BILLING SECTION OF YOUR PROFILE OR FROM THE EMAIL FASTSPRING SENDS TO YOU AND GOING TO THE FULL TERMS AND SUBSCRIPTION MANAGEMENT LINK. YOU MUST CANCEL YOUR SUBSCRITION BEFORE IT RENEWS EACH MONTH, IN ORDER TO AVOID BEING BILLED FOR THE NEXT MONTH'S FEES. SUBCRIPTIONS WHICH HAVE BEEN PAID FOR CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, EXCEPT AS EXPRESSLY SET FOR IN THESE TERMS, AND WE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. An upgrade of your paid subscription goes into effect immediately, whereas a downgrade takes place in the next billing period.
3.4 Your subscription will continue indefinitely unless terminated in accordance with these Terms.
3.5 If you wish to integrate POSIT ordering system with other external systems and/or software you use, it is mandatory you purchase the PREMIUM subscription for a year in advance. This payment includes all procedure costs for the implementation of the integration. Please contact [email protected] for information as to how to make this payment. This payment takes place every year, after the first and seasonal operation of your business does not affect the price.
3.6 We may, at any time, change our prices or billing methods, either immediately by posting on the Service website or by notifying you via email. Please note that prices may differ depending on your geographic or regional location at our discretion.


4. YOUR RIGHT OF WITHDRAWAL


4.1 If you are a customer resident in the European Union, then you may have the right of withdrawal of your subscription without giving any reason, and ask for a refund within 14 (fourteen) days of purchasing the subscription. However, as explained below, this right is lost as soon as you use any part of the Services.
4.2 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement by email at [email protected] Please make sure that you include the details of your subscription purchase so that we can identify it. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.3 If you validly withdraw from our contract, we shall reimburse to you the price you paid for your subscription. We will carry out such reimbursement using the same means of payment as you used for the initial transaction or in any other way we see fit. In any event, any fees that arise as a result of such reimbursement (e.g. bank transaction fees etc.) are subject to you and not for POSIT to pay.
4.4 If you subscribe for any account type, you expressly accept that we start providing you this Service within your 14-day withdrawal period and you accept these Terms, conditions, limitations and requirements. You acknowledge that by using (logging into) the Service, you will lose your statutory right to cancel the purchase.
4.5 These rights of withdrawal do not affect your legal rights.


5. ACCESSING THE SERVICE


5.1 We may change the Service or parts of the Service at any time.
5.2 The legal rights in the Service and any content on it is owned by us. The Service and content is protected by international copyright laws and database rights. Subject to your rights under clause 2.1, nothing on the Service grants you any license or right to use, alter or remove such material. You may not use our trademarks, logos or other intellectual property without our prior written permission.
5.3 We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
5.4 We may suspend, withdraw, discontinue or change all or any part of the Service without notice.
5.5 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.


6. YOUR USE OF THE SERVICE


6.1 You agree that you will not:
6.1.1 impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
6.1.2 use virtual private networks, false email addresses or any other means to mask your identity;
6.1.3 attempt to access the accounts of other users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
6.1.4 disable or modify any copy protection technology used on the Service;
6.1.5 alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
6.1.6 collect, harvest or ‘scrape’ any data from any web pages contained in the Service or on the Service;
6.1.7 upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner), offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
6.1.8 upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, or confidence, under data protection legislation or other intellectual property law;
6.1.9 do or omit to do anything which would bring us, the Service, our suppliers or other users into disrepute or in any way damage our or their reputation; or
6.1.10 interfere with another user’s use and enjoyment of the Service in any other manner that could damage, disable, overburden or impair the Service.
6.2 Access to parts of the Service for you may be limited according to the price plan you choose.
6.3 We may suspend, restrict or terminate your account and your access to the Service if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.


7. PROMOTIONS


7.1 From time to time, we may offer subscriptions with discounts for a limited period of time. These may include Free Trials or coupons but such offers are at our sole discretion and may be subject to specific terms and conditions.


8. LIMITATION OF LIABILITY


8.1Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
8.3 We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price you paid and we are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
8.4 Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited under applicable law.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
8.6 We assume no responsibility for the content of websites and/or resources linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites and/or resources. We will not be liable for any loss or damage that may arise from your use of them.


9. OTHER IMPORTANT TERMS

9.1 We collect personal information about you through your use of the Service and the website. All information that we collect about you is subject to our Privacy Policy.
9.2 These Terms do not affect your legal rights. For further information about your legal rights please contact your local authority.
9.3 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
9.4 This contract is between you and us. No other person has any rights to enforce any of its terms.
9.5 Except as provided in clause 2, you may not assign, sublicense or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
9.6 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
9.7 These Terms, and any contract between you and us, are in the English language.

10. HOW TO CONTACT US AND FURTHER INFORMATION


10.1 If you have any feedback, questions or complaints or any requests for technical support, please submit a request online to [email protected]
10.2 We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.


THANK YOU FOR VISITING POSIT-APP.COM.