Term & Conditions – Sineron




TERMS AND CONDITIONS FOR SINERON POS SERVICES
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. AN ACT OF USE OF SINERON POS SERVICES (AS HEREINAFTER DEFINED)
SHALL MEAN THAT YOU AGREE TO THE TERMS CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICES, PLEASE STOP USING
SINERON POS SERVICES IMMEDIATELY.
1. Interpretation:
1.1 Sineron Co. 'us', 'our', 'we' and 'its' refer to the owner of point of sale software and website and its staff
including but not limited to its directors, officers, affiliates, subsidiaries, agents and successors.
1.2 Sineron POS Program or Software: It refers to the point of sale being offered by Sineron Co.
1.3 The Terms and Conditions: It means the terms and conditions applicable to the use of Sineron POS Services.
1.4 The user refers to the person using Sineron POS Services including the restaurants, restaurant customers and any
other person visiting our website for any purpose.
1.5 Restaurant customers refer to the potential customer of the restaurant subscribing to Sineron POS Program.
1.6 Sineron POS Services: It refers to the POS Software and website provided by Sineron Co.
1.7 Subscription Fee: It means the payment made by the user for Sineron POS Services.
1.8 Sineron Apps refer to the applications by which the restaurant customer can enjoy Sineron POS Services through their
smart phone.
1.9 Parties refer to Sineron Co., Sineron POS user, the restaurant customer and any user directly or indirectly enjoying
Sineron POS Serivces.
2. License Grant:
2.1. Notwithstanding anything in the Terms and Conditions, Sineron Co. hereby grants Sineron POS user a limited,
revocable, non-transferable and non-exclusive license to use and access Sineron POS Services electronically without
having right to sublicense such rights.
2.2. Any updated version of Sineron POS Services shall also be subject to the Terms and Conditions herein provided.
2.3. For any content that the user upload to Sineron POS Services, the user grants us a global, non-exclusive, paid-up,
royalty-free, sub-licensable and transferable right to use, modify, reproduce, adopt, prepare, publish derivative works
of, distribute and publicly display such content by employing any media to provide Sineron POS Services.
3. Services and Payments:
3.1 Scope of Sineron POS Services:
3.1.1 Sineron POS Program: Sineron POS is a point of sale program designed to run the restaurant business operation. The
restaurants shall be able to register, download Sineron POS Program and use it for 14 days without any charges on the
trial basis. After 14 days, Sineron POS user will have to subscribe to Sineron POS program if he/she wants to use
further. Once it is downloaded, Sineron POS user shall be able to input the restaurant data including, without
limitations, restaurant name, pictures, address, phone number, cuisine, menu, price list, offer, deal, any announcement
or other relevant data. Sineron POS user shall be able to use Sineron POS Program for the subscribed period only or for
the trial period of 14 days.
3.1.2 Website: The part of the data inputted to Sineron POS Program by restaurants will be displayed publicly on Sineron
website. Sineron website offers the restaurant customers to create their account and have an access to the restaurant
data and other services such as the name of the restaurant, address, cuisine, menu, table reservation option, order
placement and feedback functions and other relevant information and options.
3.2 Sineron POS user hereby agrees to prepay monthly Subscription Fee in return of electronic access to and use of
Sineron POS Program and other ancillary services.
3.3 The Subscription Fee may be submitted to Sineron Co. in advance for up to 12 months. Sineron POS user has a right to
withdraw any amount in excess of the Subscription Fee of the current month.
3.4 All payments are exclusive of any local or federal tax. It is, therefore, the duty of the user to pay the tax, if
any, in the manner provided by the law and regulations for the time being in force.
3.5 Sineron Co. does not have any refund policy. The fee paid for Sineron POS program will not be returned in any
circumstances.
3.6 Sineron Co. reserves the right to modify, delete, discontinue, or restrict any feature or aspect of Sineron POS
Services at any time without any liability. Sineron Co. may post a notice on the website notifying such modification,
deletion, discontinuity or restriction.
3.7 Sineron Co. shall own no liability to the user or any third party for any modification in price or service,
suspension or disruption in Sineron POS Services.
3.8 The services shall be suspended on the expiry of the Subscription Fee. Sineron POS users are advised to renew the
subscription before expiry date to avoid any interruption in the operation.
3.9 Sineron POS users are allowed to discontinue using Sineron POS Program at any time. In such case, any amount paid to
Sineron Co. not utilized in Subscription Fee can be withdrawn.
3.10 Notwithstanding any other compensations or remedies, Sineron Co. reserves the right to terminate or suspend the
user account if we have a reason to believe that the user has engaged in fraudulent or deceitful activities or misusing
the services.
3.11 The user is liable for the conduct during the course of the utility and enjoyment of Sineron POS Services and for
the inputted data or information including but not limited to text, graphics, audio, video, links and numerical data.
3.12 Sineron POS user is supposed to have a valid credit card to pay the monthly Subscription Fee.
3.13 The parties warrant that they have complete knowledge that the Terms and Conditions have legally binding effects on
them.
4. General Terms:
4.1 The user expressly agrees not to duplicate, reproduce, sell or resell or exploit any aspect of Sineron POS Services
without formal approval of Sineron Co.
4.2 Sineron Co. has strict policy to prevent the abuse of Sineron POS Services. Except any other remedy provided by the
law, the user account shall immediately be terminated in case the user input any offensive, annoying, threatening,
defamatory, false information or obscene material.
4.3 Sineron POS user warrants that he/she will perform all liabilities and obligations arising from the sales
transaction submitted by him to each of his potential customer and will resolve their mutual disputes directly and
amicably.
4.4 Sineron Co. does not have any claim over the material the user uploads to the user account. The user is authorized
to update, modify or remove any material or information in Sineron POS Services.
4.5 Sineron Co. has a right to review the material, content or information submitted by the user to Sineron POS
Services.
4.6 One time failure to exercise or enforce any right arising from the Terms and Conditions shall not mean Sineron Co.
has waived such right.
4.7 The Terms and Conditions constitute the entire agreement governing the parties and Sineron POS Services unless
otherwise provided by a separate agreement.
4.8 Sineron Co. has no arrangements to pre-screen the content uploaded by the users and has a right to delete, suspend,
refuse or remove any content posted or being posted to Sineron POS Services at any time without notifying the user.
4.9 The user is liable for all activities, damages and losses resulting from the failure to maintain the security and
confidentiality of his user account.
4.10 The user is liable for the conduct during the course of the utility and enjoyment of Sineron POS Services and for
the inputted data or information including but not limited to text, graphics, audio, video, links and numerical data.
4.11 The user hereby agrees to be liable for the accuracy and adequacy of the information inputted to Sineron POS
Services.
4.12 Sineorn POS user is liable to notify Sineron Co. of an unauthorized use of the user account immediately and shall
allow Sineron Co. to suspend Sineron POS Services.
4.13 The headings herein are for convenience of the reader only and do not form the part of the Term of Services.
4.14 The user is supposed not to disrupt or interfere with Sineron POS Services prohibiting the proper provision of
Sineron POS Services.
4.15 The Privacy Policy is the part of the Terms and Conditions and has binding affect.
5. Disclaimers, warranties and limitations:
5. 1 UNLESS OTHERWISE STATED IN THE TERMS AND CONDITIONS, (i) SINERON POS SERVICES ARE PROVIDED ON "AS-IS" and "AS
AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT ALLOWED BY THE RELEVANT LAW, SINERON CO. DISCLAIMS ALL WARRANTIES, EXPRESSLY
OR IMPLIEDLY PROVIDED, REGARDING SINERON POS SERVICES OR OTHERWISE RELATING TO THE TERMS AND CONDITIONS, INCLUDING,
WITHOUT LIMITATIONS, WARRANTIES OF FITNESS AND SUITABILITY FOR THE SPECIFIC PURPOSE, ACCURACY, MERCHANTABILITY AND
NON-INFRINGEMENT;
(ii) NEITHER SINERON CO. WARRANTS THAT SINERON POS SERVICES ARE OR WILL BE COMPLETE, ACCURATE, CORRECT OR FREE FROM
FAULTS OR LIMITATIONS;
(iii) THE USER ASSUMES ALL COSTS OF NECESSARY SERVICING, CORRECTION, OR REPAIR OF PROBLEMS OCCURRED BY MALIGNED
COMPONENTS SUCH AS VIRUSES, UNLESS SUCH PROBLEMS ARE THE DIRECTLY RESULTED BY A GROSS ACT OF OMISSION OR COMMISSION OF
SINERON CO. OR INTENTIONAL MISCONDUCT;
(iv) SINERON COPR. DISCLAIMS AND MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, ACCURACY, COMPLETENESS,
RELIABILITY, SUITABILITY, TRUTHFULNESS OR USEFULNESS OF SINERON POS SERVICES INCLUDING BUT NOT LIMITED TO DATA, REPORTS,
RESULTS OR OTHER INFORMATION AVAILABLE TO THE USERS OF SINERON POS SERVICES AND;
(v) USE OF SINERON POS SERVICES IS ENTIRELY AT THE RISK OF USER AND SINERON CO. OWNS NO LIABILITY THEREFOR.
5.2 The user expressly warrants that he/she shall not violate any provision of the Terms and Conditions, public, private
or moral law, or infringe the rights belonging to any other person or entity.
5.3 The user agrees not to disrupt or interfere with Sineron POS Services by employing any media.
5.4 THE USER AGREES TO INDEMNIFY AND HOLD SINERON CO. HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES,
DAMAGES, LOSSES AND COSTS ARISING FROM THE USE OF SINERON POS SERVICES OR VIOLATION OF THE TERM OF SERVICES, THE USER'S
INFRINGEMENT OF THE USER ACCOUNT, OR OF ANY RIGHTS OF OTHER PERSON OR ENTITY.
5.5 THE MAXIMUM LIABILITY OF SIERON CORP TO SINERON POS USER ARISING OUT OF THE TERMS AND CONDITIONS AND SINERON POS
SERVICES SHALL BE LIMITED TO THE MONTHLY SUBSCRIPTION FEE MADE BY THE USER, AND TO RESTAURANT CUSTOMER, SINERON OWNS NO
LIABILITY AT ALL.
5.6 SINERON CO. SHALL HAVE NO LIABLITY FOR ANY KIND OF DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL
DAMAGES ARISING OUT of THE TERM OF SERVICES OR IN CONNECTION WITH SINERON POS SERVICES BASED ON THE BREACH OF THE TERM
OF SERVICES OR TORTS DESPITE THE FACT THAT SINERON CO. HAS BEEN ADVISED THEREFOR.
5.7 SINERON CORP SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THE ALTERATION, LOSS OR DESTRUACTION OF DATA INPUT,
OBTAINED OR GENERATED FROM THE USE OF SINERON POS SERVICES INCLUDING BUT NOT LIMITED TO NUMBERIC RESULTS OR REPORTS,
WHETHER OR NOT SINERON CORP HAS BEEN INFORMED OR ADVISED OF THE POSSIBILITY THEREOF.
6. Force Majeure:
6.1 The parties are not liable for failure or inability to obey the Terms and Conditions due to the events beyond their
reasonable control.
7. Limitation Period:
7.1 Without contradicting any provision in the law for the time in force in the United States, all the suits arising
from the Terms and Conditions shall be instituted within one year from the cause of action arises.
8. Governing Laws and Jurisdiction:
8.1 The Terms and Conditions shall be governed by the relevant law for the time being in force in Christiana, DE, the
United States.
8.2 All the disputes arising out of the Terms and Conditions shall be heard by the local court having the competent
jurisdiction in Christiana, DE, the United States.
7. Severability:
7.1 In case of invalidity, unenforceability and/or void-ability of any provision of the Terms and Conditions, the
invalid, unenforceable or voidable provision shall be severed from the Terms and Conditions, and the remainder shall be
valid and enforceable.
8. Intellectual Property Rights and Copyrights
8.1 The data, information, software, tools and content available on Sineron website is the exclusive property of Sineron
Co. The user agrees not to use, display or exploit any information, content, software and tools provided herein Sineron
POS Services without prior written approval of Sineron Co.
8.2 The user agrees that Sineron Co. has an exclusive ownership of all rights, interests, titles and trademark, business
secrets, patents, intellectual property rights and copyrights or any other rights in Sineron POS Services.
8.3 Unless provided by the Terms and Conditions, no proprietary rights to the user are granted under the Terms and
Conditions.
8.4 Sineron Co. believes it has not infringed any kind of rights owned by any other person or entity. If any person has
a proof of such infringement, please contact Sineron Co. via our official email address, we assure you that we will
settle the matter with immediate effects.