WEBSITE TERMS OF USE 

INTRODUCTION 

The following are terms of a legal agreement between you and/or the entity you are authorized to represent (“you” or “your”) and POSist Technologies Private Limited and/or any of its its affiliated companies (“We” or “POSist”). This Website terms of use (the “Website Terms of Use”) govern your access to and use of this Website available on the domain- www.posist.com and/or any part of the Website available on its sub-domain, and/or the blog, available on https://www.posist.com/restaurant-times/ (individually and collectively known as “Website”).

The Terms of Use have to be considered jointly with our Privacy Policy and by accessing or using the Website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Website and the Content provided on or through the Website and our Privacy Policy.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

ACCESS TO THE WEBSITE AND ITS CONTENTS

Through the Website, you have access to a variety of resources and Content. Content, in the context of this Terms of use included (but not limited) to the following: 

 

  1. Software and Software-as-a-service offerings (“Software“) made available through the Website;
  2. Web pages, data, messages, text, images, photographs, graphics, audio and video and documents such as press releases, product data information etc made available to you through the Website; 
  3. Comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Blog- “The Restaurant Times” available on https://www.posist.com/restaurant-times/
  4. Forums, discussion groups, chat areas, bulletin boards, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available the content mentioned in (b) and (c)

CHANGE IN TERMS AND CONDITIONS

POSist shall have the right at any time to change or modify the terms and conditions applicable to your use of the Website and its Content, or any part thereof, make changes in the features of the Software. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which you will obtain notice thereof. Any use of Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.

TERMS APPLICABLE TO YOUR USE OF THE SOFTWARE

Your use of Software is subject to all agreements such as Terms of Service and/or any other Service Level Agreements, License Agreements or any other Agreements that accompany the use of such Software and will be signed separately between you and POSist. If there is a conflict or inconsistency between these Terms of Use and any other Agreement(s) signed between you and POSist, the latter shall have precedence with respect to your access and use of that Software.

In the event that the Software is provided on or through the Website and has not been licensed to you through any specific Agreement or Terms of Service, you may use the Software subject to the following:

 

  1. POSist retains all right, title, and interest in and to the Software, including without limitation all software developed internally by POSist to provide the Website and all graphics, user interfaces, logos, and trademarks reproduced through the Website and the Software. This Terms of Use does not grant you any intellectual property license or rights in or to the Website, Software, or any of its components. You recognize that the Website, Software or any of its components are protected by copyright and other laws.
  2. You will not sell, redistribute, or reproduce the Website and Software, nor decompile, reverse engineer, disassemble, or otherwise convert the Website and the Software to a human perceivable form.

TERMS APPLICABLE TO SPECIFIC CONTENT AND AREAS OF THE WEBSITE

Some areas of the Website or Content provided on or through the Website may have additional rules, guidelines, agreements, or other terms and conditions that apply to your access or use of that area of the Website or Content (including terms and conditions applicable to an organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, agreements, or other terms and conditions for a specific area of the Website or specific Content, the latter shall have precedence with respect to your access and use of that area of the Website and Content.

INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise noted, all Content including without limitation, logos, brand names, images, designs, photographs, video clips, written material and content and other materials that appear as part of our Website and Software are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property“) owned, controlled or licensed by POSist. 
  2. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of POSist. 
  3. The names and logos of POSist may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from POSist. POSist prohibits use of any logo of POSist or any of its affiliates as part of a link to or from any Website unless POSist approves such link in advance and in writing. Fair use of POSist’s Intellectual Property requires proper acknowledgment. 
  4. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
  5. No Content available on the Website and Software can be reproduced, modified, distributed, transmitted, displayed, in whole or in part without the express written permission of POSist.
  6. Enforcement of Intellectual Property Rights: POSist aggressively enforces its intellectual property rights to the fullest extent of the law. If we discover that you have used our Content in contravention of the license set out in this notice, we may bring both civil and criminal proceedings against you and/or seek monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

ACCEPTABLE AND UNACCEPTABLE USE OF THE WEBSITE AND CONTENT

POSist grants you a non-exclusive, non-transferable, revocable license to access and use the Website in order for you to view the Content and contact POSist for use of Software offered through the Website, strictly in accordance with our Legal Terms.

You may view pages from our Website in a web browser, or download pages from our Website for caching in a web browser. 

However, except as expressly permitted by the other provisions of this Terms of Use, or unless you own or control the relevant rights to the Content on the Website, you must not:

  1. Edit or otherwise modify any Content on our Website; 
  2. Exploit Content from our Website for a commercial purpose; 
  3. Republish our Website or its Content (including republication on another Website) in violation of this Terms of Use;
  4. Sell, rent or sub-license Content from our Website
  5. Show any Content from our Website in public;
  6. Redistribute Content from our Website, save to the extent expressly permitted by this notice.
  7. Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
  8. Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  9. Use our Website or its Services in any way for advocating or encouraging violence against any government, organization, group, individual or property, or providing instruction, information, or assistance in causing or carrying out such violence, regardless of whether such activity is unlawful; 
  10. Use our Website or its Services in any way for accessing, sending, receiving, displaying, performing, disclosing, storing, or executing any content a) in violation of any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property right, b) in violation of any applicable agreement, or c) without authorization;
  11. Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
  12. Use our Website or Content provided on or through the Website, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website.
  13. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

Any violation of this clause shall result in criminal and civil actions taken against you immediately without notice. 

SECURITY, PASSWORDS AND MEANS OF ACCESSING THE WEBSITE AND CONTENT

You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair POSist’s computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the POSist’s computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website or POSist’s computer systems or networks. 

If any of the services offered through the Website require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website. You agree to notify POSist immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

INDEMNITY

You agree to indemnify and hold harmless POSist, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website, or your violation or infringement of any third party rights, including intellectual property rights.

MONITORING

POSist has no obligation to monitor the Website or screen Content that is shared on or through the Website. However, POSist reserves the right to review the Website and Content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any Content in its sole discretion. POSist may remove Content that is confidential or proprietary to a third party without that third party’s permission.

TERMINATION OF USE

POSist may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or Content provided on or through the Website. You agree that POSist may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any Content. POSist may terminate or limit your access to or use of the Website if POSist determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that POSist shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Website or any Content, including Content that you may have shared.

THIRD PARTY WEB WEBSITES, CONTENT, PRODUCTS AND SERVICES

The Website provides links to Web Websites and access to Content, products and services of third parties, including partners and affiliates of the Website. POSist is not responsible for third party Content provided on or through the Website or for any changes or updates to such third party Websites, and you bear all risks associated with the access to, and use of, such Web Websites and third party Content, products and services.

DISCLAIMER 

Except where expressly provided otherwise, the Website, and all Content provided on or through the Website, are provided on an “as is” and “as available” basis. POSist expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Website and all Content provided on or through the Website. POSist makes no warranty that: (a) the Website or Content will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Content provided on or through the Website will be accurate or reliable; or (d) the quality of any Content purchased or obtained by you on or through the Website will meet your expectations.

 

Any content accessed, downloaded or otherwise obtained on or through the use of the Website is used at your own discretion and risk. POSist shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such third party by the Platform.

POSist reserves the right to make changes or updates to, and monitor the use of, the Website and Content provided on or through the website at any time without notice.

LIMITATION OF LIABILITY

In no event shall POSist be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website or any Content provided on or through the Website. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information through the Website. 

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these terms of use, including those set forth in the above mentioned sections, do not apply and all other terms shall remain in full force and effect.

PRIVACY POLICY

POSist is concerned about your privacy and has developed a policy to address privacy concerns. We store and process your information in accordance with Information Technology Act 2000 and Rules there under as well as any other laws applicable to POSist depending on its area of operation. For more information, please see POSist’s Privacy Policy. You understand that POSist collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services through the Website, subject to POSist’s Privacy Policy.

 

PERSONS NOT OF AGE OF MAJORITY

Persons who are not of the age of majority are not eligible to use the Website, and we ask that no information in relation to such persons be submitted to us.

AVAILABILITY OF PRODUCTS

Information on the Website may reference or cross-reference POSist services and products that might not be available in your location. Such references do not imply that POSist plans to make such products, programs, or services available in your location. Please contact POsist representatives at info@posist.com for more information on the services and products at your location. 

WAIVER AND SEVERABILITY

The failure of POSist to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

APPLICABLE LAWS

All matters relating to your access to, and use of, the Website and Content provided on or through or uploaded to the Website shall be governed by Indian laws. Any legal action or proceeding relating to your access to, or use of, the Website or Content shall be instituted in New Delhi, India. You and POSist agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

 

Copyright/Trademark
Copyright © 2012, 2019, POSist and/or its affiliates. All rights reserved.

 

POSist and The Restaurant Times are registered trademarks of POSist and/or its affiliates. Other names appearing on the Website may be trademarks of their respective owners.

If you have any questions regarding these Terms of Use, please contact POSist at info@posist.com. If you have any other questions, contact information is available at the Contact POSist page on the Website.

Last Revised: August, 2019