Terms

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

In these Terms, "FusionPos Services" means FusionPos's point of sale or Online Ordering and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including the FusionPos FusionPos POS iOS & Android applications ("Apps") and FusionPos.co.uk ("Website").

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

Amendments

We may change these Terms from time to time, and will endeavour to notify you of such changes via email. If you continue to use the FusionPos 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 FusionPos Services. 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 FusionPos Services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any FusionPos Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the FusionPos Free Order app Services, or the Apps or any version of them.

Account information

You must be 18 years or older in order to access and use the FusionPos Services. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.

Cancellation of accounts

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 FusionPos Services.

You are entitled to cancel your account with FusionPos with 1 week notice. You may cancel your account by contacting our support team at 203 026 3355.

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 cannot 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.

Fees and taxes

The fees charged for use of the FusionPos Services are set out on the Website ("Fees") and are subject to change. We will endeavour to notify you (by email or by displaying a message when you next use the FusionPos Services) at least 15 days before increasing the Fees. Fees are charged in advance as setup fee and non-refundable, including if you only use part of subscription for the FusionPos Services. Unless required by law, we will not provide refunds in connection with the FusionPos Services. A valid credit card number is required for paying all Fees.

There will not be any Free trial period if you are using FusionPos Free Online Order service.

All Fees are exclusive of all taxes and you indemnify and hold FusionPos 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.

FusionPos Services are provided "as is"

The FusionPos 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 FusionPos Services.

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

You acknowledge that FusionPos may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the FusionPos Services. The acts and omissions of those third party suppliers may be outside of FusionPos's control, and FusionPos does not accept any liability 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, FusionPos 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, FusionPos 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 FusionPos 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 FusionPos Services; or (e) any other matter relating to the FusionPos Services.

In any case, FusionPos's maximum aggregate liability under or in connection with these Terms or your use of the FusionPos Services is limited to the amount of Fees paid by you in the past 6 months.

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

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

You indemnify FusionPos against all forms of liability, actions, proceedings, demands, costs, charges and expenses which FusionPos may incur or suffer as a result of use of the FusionPos 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 FusionPos 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 FusionPos Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the FusionPos Services; (d) use the FusionPos 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 FusionPos Services or our systems or attempt to decipher any transmissions to or from the servers running any FusionPos Services; (f) disclose or distribute information relating to another User of the FusionPos 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 & Contract

You agree to use the FusionPos Services in a reasonable. The Free FusionPos Online Order system is subjected to limitation. The User will be able to receive only 250 orders during your contract period of 6months. In case any one of these (contract period or order limitation) is expired, User has to renew or upgrade his system. Renewal of contract will involve a one-time-charge of £99. If we determine that your use of the FusionPos Services is not reasonable or that your use is causing degraded performance of the FusionPos Services for you or for other Users, we may impose limits on your use of the FusionPos Services. 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 FusionPos 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; (c) website / page views (d) support tickets opened per calendar month or (e) promotions done towards website

Intellectual property

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

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

You may provide us with comments, feedback or suggestions on FusionPos 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 FusionPos 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 Guarantees Act 1993 and in the Fair Trading Act 1973) do not apply to the FusionPos 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, and novate or transfer these Terms or any of the rights licensed under them.

Any disputes in regards to this Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and

Additional Terms for Apple App Store & Android Play Store downloads

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

These Terms are solely between you and FusionPos, 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 or Android has no obligation to furnish any maintenance or support services to you in connection with 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 & Play Store Terms of use, including the Usage Rules.

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 and the same applied for android.

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