Yumasoft Inc., a corporation, located at 245 Saw Mill River Road, Suite 106, Hawthorne, New York, 10532, the United States, has assigned its rights and obligations under the below-mentioned documents to MKM Technology Pty Ltd ( Trading as OscarPOS Point of Sale Solutions ) having a principal place of business at Unit 8 / 13 Port Kembla Drive, BIBRA LAKE WA 6163, Australia.
Copyright © 2017Yumasoft Inc.All Rights Reserved
USER LICENSE AGREEMENT (FOR CUSTOMERS)
Important. Please read carefully.
This User License Agreement (the “Agreement”) is a legal agreement between the individual user (the “User”, “you”, and “your”) of the downloadable mobile application for customers YUMA and related application software, including application aggregator and branded individual applications (the “Application”) used in relation to the cloud based point-of-sale system YumaPOS and Yumasoft Inc. having an address at 245 Saw Mill River Road, Hawthorne, New York, USA, 10532 (the “Licensor”). Hereinafter, the User and the Licensor are collectively referred to as the “Parties” and each individually as a “Party”. Before installing, copying, browsing, and otherwise using the Application, please read this Agreement carefully.
By accepting the terms of this Agreement and using the Application, you agree to be bound by the provisions of this Agreement and the terms of the documents indicated in Section 19.1 of this Agreement. If you do not agree with one or more provisions of this Agreement, you are requested not to install, copy, browse, and otherwise use the Application.
1. The Application
1.1 The Application, including the application software and associated software, the websites operated by the Licensor, including www.yumapos.com, www.yumamart.com, www.yumapos.co.uk, www.yumapos.in, www.oscarposcloud.com.au and www.oscarpos.com.au., the associated documentation, and other related components, is an integral part of the cloud based point-of-sale software YumaPOS operated by the Licensor.
1.2 The Application is created for the purposes of automating and managing trading activities of the partners of the Licensors (the “Stores”) electronically and assisting the User to order, pay for, and receive goods and services purchased from the Stores (the “Goods”), participate in loyalty programs offered by the Licensor and the Stores, and communicate electronically with the Stores. The Licensor reserves the right, at its sole discretion, to add, modify, and delete the Goods offered through the Application at any time without a prior notification to the User.
1.3 Please note that the Goods are provided exclusively by the Stores. The Licensor merely facilitates the provision of the Goods and does not provide any Goods itself. The Licensor disclaims any responsibility for the accuracy, truthfulness, suitability, and quality of the Goods provided through the Application. The Licensor has no control over, and accepts no responsibility or liability for, the acts or omissions of any Stores.
1.4 The functioning of the Application requires an Internet connection. Some parts of the Application may not function properly without an Internet connection. The User is solely responsible for assuring that the Application is used in an environment where an Internet connection is available.
1.5 To be eligible to use the Application, the User must be at least 18 years old. If the User is below the age of 18, he or she shall not use the Application.
1.7 User account. In order to create a user account in the Application, the User has to perform the following steps: (1) enter a phone number which will be used as a username when accessing the Application; (2) choose a password; (3) insert its name; (4) specify a temporary PIN code, if necessary; (5) read the User License Agreement; (6) click on the button “Register”; and (7) enter the confirmation code received by an SMS, if no PIN code has been created.
2. Grant of License
2.1 Subject to the terms and conditions of this Agreement, the Licensor hereby grants the User a non-exclusive, non-commercial, and non-transferable license to install and use the Application (the “License”). The Application is licensed only and not sold.
2.2 The License is provided free of charge.
2.3 The Application can be used for non-commercial purposes only.
2.4 The Application can be used only for the purposes set out in this Agreement. The User is allowed to use the Application for the purposes falling outside the scope of this Agreement only after obtaining Licensor’s prior written consent.
2.5 Unless otherwise agreed between the User and the Licensor, the User can install unlimited copies of the Application on an unlimited number of computing devices and use the Application on those computing devices.
2.6 The License is valid for an indefinite period of time unless terminated pursuant to this Agreement.
3. License Restrictions
3.1 Unless otherwise stated in this Agreement or mutually agreed by the Parties, the User is not allowed to reverse engineer, decompile, disassemble, translate, adapt, distribute, rent, loan, use, lease, make alterations of the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.2 The Application is licensed as a single product. Its component parts may not be used separately.
3.3 The User is not allowed to transfer the rights granted under this Agreement.
3.4 The User agrees not to use the Application in any way that:
(i) violates any applicable laws;
(ii) spreads malware (e.g., viruses, worms, Trojan horses);
(iii) is ethnically, racially, or otherwise objectionable;
(iv) is sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
(v) advertises or encourages the use of tobacco or alcohol;
(vi) advertises or encourages the use of illegal substances;
(vii) spreads spam or other illegal messaging;
(viii) overburdens the Application;
(ix) interferes with other users of the Application; and
(x) uses bots and other automated methods.
4. Intellectual Property Rights
4.1 All title and copyrights in and to the Application (including, but not limited to, any images, photographs, animations, video, audio, music, text, and applets, incorporated into the Application) and any copies of the Application, are owned by the Licensor or the Stores. The Application is protected by the applicable copyright laws and international treaty provisions.
5. Updates and Support Services
5.1 The Licensor is not obliged to provide support and maintenance services with regard to the Application as well as offer updates, modifications, and new versions of the Application. However, the Licensor may occasionally release updates of the Application and install them automatically onto your mobile device. By accepting the terms of this Agreement, the User consents to such automatic updates to the Application.
6. Privacy & Security
6.2 The User acknowledges that it is User’s responsibility to maintain the Application in a secure and confidential manner. The User agrees to immediately notify the Licensor of any unauthorized access or use of the Application through User’s credentials.
6.3 The User shall use secure encrypted connection to communicate with the Company and utilize the Application.
7. Prices, Payment, and Delivery
7.1 The Application merely facilitates the transactions between the User and the Stores. The Licensor is not responsible in any way for the Goods provided by the Stores, the delivery of the Goods, and any contractual transactions between the User and the Stores.
7.2 The sales contracts with regard to the Goods are concluded by and between the User and the Stores electronically.
7.4.1 The prices of the Goods (the “Prices”) include all applicable taxes. The Prices exclude delivery costs. The delivery costs will be displayed before the order is confirmed and added to the cost of the order.
7.4.2 The Prices remain valid as long as they are indicated in the Application. The Prices are subject to change without a prior notification to the User.
7.5.1 The Application does not function properly without an Internet connection. The User is solely responsible for paying any fees and costs applicable for the provision of the Internet connection required for the proper functioning of the Application.
7.5.2 All payments related to the Goods will be processed by third party payment processors through the Application. The Licensor shall not be liable if the third party payment processors decline or refuse User’s payment.
7.5.3 The User shall be responsible for making accurate payments for the Goods through the Application.
7.5.4 The User shall not hold the Licensor liable for payments that do not reach the correct account because the User has quoted an incorrect account number or incorrect personal information.
7.5.5 The third party payment processors may collect User’s payment information, which will allow them to make the payments requested by the User. Please note that the Licensor neither stores nor processes User’s credit/debit card information. The third party payment processors handle all the steps in the payment process through their websites, including data collection and data processing.
7.6 Delivery of the Goods
7.6.1 The Prices indicated in the Application exclude delivery costs. The delivery of the Goods is facilitated by the Stores free of charge or for an additional fee. The Delivery costs are displayed before your order is confirmed.
7.6.2 Unless otherwise stated in the Application, the User is provided with a possibility to pick up the Goods and the Services at the location of the chosen Store.
7.6.3 The Stores are solely responsible for the timely delivery of the Goods.
8.Terms & Termination
8.1 This Agreement comes into force at the moment the User downloads the Application from the relevant marketplace (i.e., App Store and Google Play), accepts the terms of this Agreement electronically, and installs the Application on a mobile device. The Agreement is in force until terminated by either Party.
8.2 The User may terminate this Agreement at any time without a prior notice to the Licensor by deleting the Application, its all copies and components.
8.3 The Licensor may, in its sole discretion, terminate the Agreement upon a written notice to the User.
8.4 If this Agreement is terminated, the User shall destroy all copies of the Application and all of its component parts.
9. Disclaimer of Warranty
9.1 The Licensor expressly disclaims any warranty for the Application. The Application and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Application remains with the User.
10. Restriction of Liability
10.1 In no event shall the Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Application, even if the Licensor has been advised of the possibility of such damages.
10.2 Subject to the other provisions of this Agreement, the Licensor gives no warranty or representation that the Application will be wholly free from defects, errors, bugs, and security loopholes.
10.3 The Licensor does not warrant or represent that the Application will be compatible with any other software or hardware.
11. Governing law & Disputes
11.1 The Agreement shall be read, construed and take effect in accordance with the laws of the State of New York, the United States and the Parties hereto expressly agree to submit to the exclusive jurisdiction of the courts in New York City, New York, the United States.
11.2 Any contractual disputes arising from this Agreement shall be resolved through negotiation between the User and the Licensor.
11.3 In order to submit a claim to the Licensor, please contact the Licensor by using the contact details mentioned in Section 17 of this Agreement and include the following information: (1) the date and time of occurrence of the disputed event; (2) the circumstances of the disputed event; and (3) your contact details. The Licensor will respond to your claim as soon as possible but no later than two weeks. The Licensor will put reasonable efforts to resolve the dispute in a fair manner.
12.1 A failure to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any part of such provision. No waiver by a party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
13.1 The User indemnifies and agrees to defend the Licensor, its affiliates and their respective officers, directors, employees and agents, against any claims, liabilities, actions, proceedings, demands, costs, charges and expenses which the Licensor may incur or suffer as a result of: (1) User’s access and use of the Application; (2) User’s failure to comply with the terms of this Agreement; and (3) User’s violation of any laws and third party rights.
14. Force Majeure
14.1 The Licensor is not responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed due to Force Majeure events, including, but not limited to, riots, wars, earthquakes, floods, fire, power supply failures, and national strikes.
15.1 The unenforceability of any single provision of this Agreement shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Licensor and the User shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the unenforceable provision.
16. Amendments and Assignment
16.1 The Licensor reserves the right to amend this Agreement from time to time by making the modified version available to the User in writing. If the User continues using the Application after the modified version is made available to him, the User agrees to be bound by the amended Agreement.
16.2 The rights and obligations of the Licensor under this Agreement may be freely assigned to any third parties without the consent of the User.
16.3 This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Licensor.
16.4 If the User is not satisfied with the contractual performance of an assign of the Licensor, the User shall inform the Licensor about such a dissatisfaction within a time period of 10 days commencing on day when the dissatisfaction arises. After conducting an investigation, the Licensor may, in its sole discretion, take measures to address the issue. If the User does not inform the Licensor about its dissatisfaction with the contractual performance of an assign within a time period of 10 days commencing on the day when the dissatisfaction arises, the User, to the maximum extent permitted by law, releases, remises, and forever discharges the Licensor from all claims, suits, actions, charges, demands, judgments, costs and executions present and future, known or unknown, both legal and equitable in any manner arising out of the issue.
17. Contact Details
The Company: Yumasoft Inc.
Address:245 Saw Mill River Road, Hawthorne, New York, USA, 10532
Phone number: +1 718 710 46 35,
18. Last Amendment
18.1 This Agreement has been last amended on 18th of September 2017.
19. Other Relevant Documents
19.1 For more detailed information on the terms and conditions governing the use of the Application, please refer to the following documents:
19.2 By using the Application, you agree to be legally bound by the provisions of this Agreement and the terms of the documents mentioned in Section 19.1.