This document sets out the terms of use (the “Terms of Use”) and the Privacy Notice (the “Privacy Notice”) (collectively, the “Legal Notices”) for the Global Payments POS product, the creation of an access to the user account connected to the use of the Product and any web properties associated with that product (the “Product”).
In the Terms of Use, the terms “User”, “you” or “your” refer to a user of the Product which may be (i) the merchant who is an entrepreneurial individual and who has purchased the Product for use within their business and/or (ii) an employee of the merchant, to which the merchant granted access to the Product or another person acting in business on behalf of the merchant to which the merchant granted access to the Product. The terms “Global Payments”, “we”, “our”, or “us” refer to Global Payments s.r.o., with its registered seat at V olšinách 626/80, Strašnice, 100 00 Prague 10, corporate ID No: 042 35 452, registered in the Commercial Register maintained by the Municipal Court in Prague, under file No C 244453. Global Payments and the User are each a “Party” and collectively, the “Parties” to the Terms of Use.
The terms of the provision of the Product including a sublicense thereto and the terms of the provision of the related services to a merchant who has purchased the Product from Global Payments are governed by the Merchant Agreement on the Provision of the Global Payments POS Solution (the “Agreement”).
Terms of Use
You are allowed to use the Product only under the following terms:
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Eligibility. In order to use and access this Product, you must be at least eighteen (18) years old and provide true, complete, and up to date contact information. By accessing and/or using the Product, you represent and warrant that you meet the requirements listed above, and that you will not use the Product in a way that violates any Applicable Laws (as defined below) or these Terms of Use. We may refuse service, close your account and change eligibility requirements at any time. For purposes of these Terms of Use, the term “Applicable Laws” means all applicable European Union or Member States law or other:
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laws, ordinances, regulations, and codes; and
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orders, requirements, directives, decrees, decisions, judgments, guidance and other official releases of any government, authority, department or agency, or any judicial or regulatory organisation having authority, oversight jurisdiction or similar power over any of the Parties.
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Documentation. By accepting these Terms of Use, you declare that before commencing the use of and access to the Product, you have read the manual and other documentation necessary for the use of the Product, available at [link].
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Term Period. The term period begins when you create an account with the Product and continues for as long as the Sub-License to the Product pertaining to your user account is in effect.
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Closing Your Account. As a Merchant, you may terminate the term of use of the Product in accordance with the terms of the Agreement, or at any time, if you are an Authorised User. We may suspend or terminate your use of the Product in accordance with the Agreement or for a violation or suspected violation of these Terms of Use, or at any time, with or without cause. Once your account is terminated, we may permanently delete it and all of the data associated with it. If you do not log into your account for nine (9) or more months, we may treat your account as “inactive” and permanently delete it and all the data associated with it.
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Changes. We reserve the right to change any part of these Terms of Use at any time by posting a revised version of the Terms of Use on our website or within the Product, and/or by sending an email to the last email address you gave us. The new Terms of Use will become effective as of the date stated therein and apply to any continued or new use of the Product. Subject to the Agreement and Applicable Laws, we may change our website, the Product, or any features of the Product at any time, without prior notice to you.
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Account Username and Password. You are responsible for keeping the Product and your account username and password confidential. You are also responsible for the use by any individual of any account that you have access to, whether or not you authorised such use. You will immediately notify us of any unauthorised use of your account. We are not liable to you or to any third party for any losses due to stolen, hacked, lost, or forgotten username and/or password. We do not have access to your password, and for security reasons, we will never request that you divulge your password to us.
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Rights
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Proprietary Rights Owned by Us. You expressly agree to respect our proprietary and/or intellectual property and other rights in all components comprising the Product. Such rights include, but are not limited to, any patents, trademarks, service marks, copyrights, trade secrets, trade names, and any other intellectual property.
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Proprietary Rights Owned by You. You represent and warrant that you have the permission or the necessary rights, whether intellectual property rights or other relevant rights, to use all of the documents, data or any other content you enter into the Product, including but not limited to, any brand, inventory, content, photographs, and all other information or data you enter into the Product. You retain ownership or the respective intellectual property rights of the proprietary materials you upload to the Product. We may use or disclose your materials only as we describe in the Legal Notices, or as required by Applicable Laws.
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General Rules. You expressly agree to the following rules of use for the Product:
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You will not put into the Product any material, including graphics or other content, the inclusion of which would constitute a breach of intellectual property or other rights of a third party.
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You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information when using the Product.
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You will not upload or compose any content, which is in breach of the Applicable laws.
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You will not upload or compose content that contains or offers any unlawful or illegal goods or services.
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You will not try to decipher, decompile, disassemble, or reverse engineer the Product.
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You will not upload any content or data which contains viruses, trojan horses or any malware.
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You will not enable access to the Product and/or to the user account to any person who is not an Authorised Person.
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You will not wilfully use the Product in such a way as to cause an overload, disruption or interruption of service.
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You will not abuse any bugs or errors you discover within the Product and shall without delay notify such bugs or errors to us.
Any breach of this section will be considered a material breach of the TOU and may result in immediate suspension or termination of your access to the Product.
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Compliance with Laws. You represent and warrant that your use and any content input by You or on Your behalf into the Product will comply with all Applicable Laws.
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Reporting Violations. If you become aware that you or any other User is in violation of these Terms of Use, you are required to notify us immediately.
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Limitation of Liability. To the fullest extent permitted under Applicable Laws, we shall not be liable to you for any damage caused by or in connection with the use of the Product.
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No Warranties.
Messages and notifications are for basic informational purposes only and are not intended to be relied upon in situations where such information is needed or where lost, erroneous, inaccurate or incomplete notification may lead to any damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by the Product. Further, we do not guarantee or represent any specific result or outcome as a result of you until signing the Product in any way.
The Product is provided “As Is” and “As Available” without warranty or obligation to upgrade or enhance of any kind. To the maximum extent permitted by Applicable Laws, we disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to:
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any implied warranties and conditions of accuracy, end user ability, fitness for a particular purpose and non-infringement; and
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that the Product will function with another software or system, or that it will function uninterrupted or error-free.
We do not represent that the Product will be free from loss, corruption, attack, virus, interference, hacking or other security intrusion, and expressly disclaim any liability relating thereto.
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Dispute Resolution. These Terms of Use, their subject matter and its formation are governed by the laws of the Czech Republic. You and we both agree that the courts of the Czech Republic will have exclusive jurisdiction.
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Indemnity. To the extent permitted under Applicable Laws, you shall indemnify us for any damages arising out of, resulting from, or in connection with:
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your breach of these Terms of Use; or
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your use of the Product in violation of the terms set forth in these Terms of Use.
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Force Majeure. We will not be liable for any delay, failure in performance, loss or damages or for any failure of the Product because of circumstances beyond our control. Such circumstances may include, but are not limited to: natural disasters, acts of war or terrorism, riots, governmental action, power outages, or internet disturbances.
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Severability. If any clause of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, that clause will be removed or edited, and the rest of the Terms of Use will remain in full force and effect.
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Obligations. You will provide all documents and take any actions necessary to meet your obligations under the Terms of Use.
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Notices. Any notice to you will be effective when we:
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send a copy of the notice to the last email address you gave us; or
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post a copy of the notice in our Product;
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deliver it to any addresses (whether email or business addresses) stated within the agreement.
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Entire Agreement. The Terms of Use and any additional terms from any additional documentation you have agreed to, embody the entire agreement and understanding of the Parties, and supersede all prior agreements, representations, and understandings. If you are a merchant who is an entrepreneurial individual and uses the Product themselves and with whom the Agreement was concluded, in the event of any discrepancy, the terms of the Agreement shall prevail.