Point of sale terminal, Conditions of use of the cash register software

Free cash register

Free-cash-register.net, free online POS software since 2014

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Help for the use of cash register

This help will guide you through the setup and usage of our point of sale cash register software.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Free cash register account by providing your email address, the name of your shop, and your tax identification details.
  3. You acknowledge that Free cash register will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Free cash register cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Free cash register Account. You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Free cash register will result in an immediate termination of your services.

Which means

Don't use Free cash register for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Which means

The person signing up for the Free cash register Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Free cash register.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the France, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Paris with respect to any dispute or claim arising out of or in connection with the Terms of Service.
  3. You acknowledge and agree that Free cash register may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Free cash register's website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Free cash register's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Free cash register service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Free cash register.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Free cash register or Free cash register trademarks and/or variations and misspellings thereof
  7. Questions about the Terms of Service should be sent to the support team.
  8. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Free cash register, is governed by its privacy policy in privacy section.
  10. The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

Which means

The Free cash register service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in France.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Free cash register Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Free cash register customer, Free cash register employee, member, or officer will result in immediate Account termination.
  5. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Free cash register employees and contractors may also be Free cash register customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  6. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  7. Free cash register retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Free cash register reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Which means

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Free cash register account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that Free cash register shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Free cash register or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Free cash register partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
  4. Free cash register does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Free cash register does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Free cash register does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is "as is" so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Free cash register to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Free cash register and govern your use of the Service, superseding any prior agreements between you and Free cash register (including, but not limited to, any prior versions of the Terms of Service).

Which means

If Free cash register chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Free cash register don't apply if they conflict with these terms.

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Free cash register service. All material you upload remains yours. You can remove your Free cash register store at any time by deleting your Account.
  2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Free cash register to display and store your Store Content; and (c) that Free cash register can, at any time, review all the Store Content submitted by you to its Service.
  3. You retain ownership over all Store Content that you upload to a Free cash register store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. Free cash register shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

Which means

Anything you upload remains yours and your responsibility.

8. Payment of Fees

  1. A valid credit card or a paypal account is required for the subscription of a premium account.
  2. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
  3. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Free cash register's products and services.
  4. Free cash register does not provide refunds.

Which means

Tax is not included. No refunds.

9. Cancellation and Termination

You may cancel your Account at anytime by using the button in your account page.

Upon termination of the Services by either party for any reason:

  1. Free cash register will cease providing you with the Services and you will no longer be able to access your Account;
  2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
  3. any outstanding balance owed to Free cash register for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  4. your store website will be taken offline.

We will never modify or terminate the Free cash register Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Free cash register may suspend an Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means

To initiate a cancellation, please use the button on your account page, or contact the support. Free cash register will respond with specific information regarding the cancellation process for your account.

Any fraud and we will suspend or cancel your account.

10. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days notice from Free cash register. Such notice may be provided at any time by posting the changes to the Free cash register Site (Free cash register.com) or the administration menu of your Free cash register store via an announcement.
  2. Free cash register reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Free cash register shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Which means

We may change or discontinue the service at anytime, without liability.

11. Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Free cash register's partners or other third parties.
  2. Free cash register may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the Free cash register App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Services or Free cash register's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Free cash register has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Free cash register's websites, including the Free cash register App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Free cash register. Free cash register strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Free cash register is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
  5. Under no circumstances shall Free cash register be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Free cash register has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

Which means

We are not responsible for third party services so use them at your own risk. If you use any third party services on the Free cash register platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

12. DMCA Notice and Takedown Procedure

Free cash register supports the protection of intellectual property and asks Free cash register merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Free cash register's designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Which means

Free cash register respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don't think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Free cash register a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

Net-assembly SASU.
101, rue de Sèvres lot 1665
75272 Paris Cedex 6
France

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