Terms & Conditions

 

  1. 1.0 INTRODUCTION
    1. 1.1 These terms and conditions shall govern your use of our Oliver POS Platform.
    2. 1.2 By using our Oliver POS Platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Oliver POS Platform.
    3. 1.3 If you register with our Oliver POS Platform, submit any material to our Oliver POS Platform or use any of our Oliver POS Platform services, we will ask you to expressly agree to these terms and conditions.
    4. 1.4 You must be at least [18] years of age to use our Oliver POS Platform; by using our Oliver POS Platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
    5. 1.5 Our Oliver POS Platform uses cookies; by using our Oliver POS Platform or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
    1. 2.0 CREDIT
    1. 2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
    1. 3.0 COPYRIGHT NOTICE
    1. 3.1 Copyright (c) 2018 of first publication Registration No. 1148351
    2. 3.2 Subject to the express provisions of these terms and conditions:
    1. (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our Oliver POS Platform and the material on our Oliver POS platform; and
    2. (b) all the copyright and other intellectual property in our Oliver POS Platform and the material on our Oliver POS Platform are reserved.
    1. 4.0 LICENSE TO USE OLIVER POS PLATFORM
    1. 4.1 You may:
    1. (a) view pages from our Oliver POS Platform in a web browser;
    2. (b) print pages from our Oliver POS Platform; and 
    3. (c) use our Oliver POS Platform services by means of a web browser subject to the other provisions of these terms and conditions.
    1. 4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Oliver POS Platform or save any such material to your computer.
    2. 4.3 You may only use our Oliver POS Platform for your own personal and business purposes, and you must not use our Oliver POS Platform for any other purposes.
    3. 4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Oliver POS Platform.
    1. 4.5 You must not:
    1. (a) republish material from our Oliver POS Platform (including republication on another Oliver POS Platform);
    2. (b) sell, rent or sub-license material from our Oliver POS Platform;
    3. (c) show any material from our Oliver POS Platform in public;
    4. (d) exploit material from our Oliver POS Platform for a commercial purpose; or 
    5. (e) redistribute material from our Oliver POS Platform.
    1. 4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
    2. 4.7 We reserve the right to restrict access to areas of our Oliver POS Platform, or indeed our whole Oliver POS Platform, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Oliver POS Platform.
    1. 5.0 ACCEPTABLE USE
    1. 5.1 You must not:
    1. (a) use our Oliver POS Platform in any way or take any action that causes, or may cause, damage to the Oliver POS Platform or impairment of the performance, availability or accessibility of the Oliver POS Platform;
    2. (b) use our Oliver POS Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    3. (c) use our Oliver POS Platform 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;
    4. (d) 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 Oliver POS Platform without our express written consent;
    5. (e) access or otherwise interact with our Oliver POS Platform using any robot, spider or other automated means; or
    1. (f) use data collected from our Oliver POS Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    1. 5.2 You must not use data collected from our Oliver POS Platform to contact individuals, companies or other persons or entities.
    2. 5.3 You must ensure that all the information you supply to us through our Oliver POS Platform, or in relation to our Oliver POS Platform, is true, accurate, current, complete and non-misleading.
    1. 6.0 REGISTRATION AND ACCOUNTS
    1. 6.1 To be eligible for an account on our Oliver POS Platform under this Section 6, you must be resident or situated in ____________.
    2. 6.2 You may register for an account with our Oliver POS Platform by completing and submitting the account registration form on our Oliver POS Platform, and clicking on the verification link in the email that the Oliver POS Platform will send to you.
    3. 6.3 You must not allow any other person to use your account to access the Oliver POS Platform.
    4. 6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
    5. 6.5 You must not use any other person’s account to access the Oliver POS Platform, unless you have that person’s express permission to do so.
    6. 6.6 All conditions of section 6.0 will be subject to the terms of the subscription
    1. 7.0 USER LOGIN DETAILS
    1. 7.1 If you register for an account with our Oliver POS Platform, you will be asked to choose a user ID and password.
    2. 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 
    3. 7.3 You must keep your password confidential.
    4. 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
    5. 7.5 You are responsible for any activity on our Oliver POS Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
    1. 8.0 OUR CONTENT: INTELLECTUAL CONTENT AND PROPIETARY CODING
    1. 8.1 In these terms and conditions, “our content” means all intellectual property, proprietary coding and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) all of which is specifically owned, created and distributed by Oliver POS.
    2. 8.2 Users of the Oliver POS platform may not at any time edit any of the content referred to in section 8.1 above. To do so constitutes the following:
    1. (a) A breach of the terms and conditions contained herein
    2. (b) Immediate cancellation of account privileges
    3. (c) Entitles Oliver POS the right to pursue any and all legal avenues available to Oliver POS its affiliates and or its subsidiaries to seek damages in rectification of the aforementioned breach (es) of the terms and conditions.
    4. (d) Any other remedies available in Section 13 of these terms and conditions.
    1. 8.3 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
    1. (a) Infringe any right of confidence, right of privacy or right under data protection legislation;
    2. (b) Constitute negligent advise or contain any negligent statement;
    3. (c) Constitute an incitement to commit a crime, instruction for the commission of a crime or the promotion of criminal activity;
    4. (d) Be in contempt of any court, or in breach of any court order;
    5. (e) Be in breach of racial or religious hatred or discrimination legislation;
    6. (f) Be blasphemous;
    7. (g) Be in breach of official secrets legislation;
    8. (h) Be in breach o any contractual obligation owed to any person;
    9. (i) Depict violence in an explicit, graphic or gratuitous manner;
    10. (j) Be pornographic, lewd, suggestive or sexually explicit;
    11. (k) Be untrue, false, inaccurate or misleading;
    12. (l) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    13. (m) Constitute spam;
    14. (n) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory or inflammatory; or
    15. (o) Cause annoyance, inconvenience or needless anxiety to any person.
    1. 9.0 YOUR CONTENT: LICENSE
    1. 9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Oliver POS Platform for storage or publication on, processing by, or transmission via, our Oliver POS Platform.
    2. 9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your content on and in relation to this Oliver POS Platform and any successor Oliver POS Platform and/or reproduce, store and, with your specific consent, publish your content on and in relation to this Oliver POS Platform.
    3. 9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
    4. 9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
    5. 9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    6. 9.6 You may edit your content to the extent permitted using the editing functionality made available on our Oliver POS Platform.
    1. 9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
    1. 10.0 YOUR CONTENT: RULES
    1. 10.1 You warrant and represent that your content will comply with these terms and conditions.
    2. 10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. 10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    1. (a) Be libelous or maliciously false;
    2. (b) Be obscene or indecent;
    3. (c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    4. (d) Infringe any right of confidence, right of privacy or right under data protection legislation;
    5. (e) Constitute negligent advice or contain any negligent statement;
    6. (f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    7. (g) Be in contempt of any court or in breach of any court order;
    8. (h) Be in breach of racial or religious hatred or discrimination legislation;
    9. (i) Be blasphemous;
    10. (j) Be in breach of official secrets legislation;
    11. (k) Be in breach of any contractual obligation owed to any person;
    12. (l) Depict violence in an explicit, graphic or gratuitous manner
    13. (m) Be pornographic, lewd suggestive or sexually explicit;
    14. (n) Be untrue, false, inaccurate or misleading;
    15. (o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon cause illness, injury or death, or any other loss or damage;
    16. (p) Constitute spam;
    17. (q) Be offensive, deceptive, fraudulent, threatening, abusive harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or;
    18. (r) Cause annoyance, inconvenience or needless anxiety to any person.
    1. 11.0 LIMITED WARRANTIES
    1. 11.1 We do not warrant or represent:
    1. (a) The completeness or accuracy of the information published on our Oliver POS Platform;
    2. (b) That the material on the Oliver POS Platform is up to date; or
    3. (c) That the Oliver POS Platform or any service on the Oliver POS Platform will remain available.
    1. 11.2 We reserve the right to discontinue or alter any or all of our Oliver POS Platform services, and to stop publishing our Oliver POS Platform, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Oliver POS Platform services, or if we stop publishing the Oliver POS Platform.
    2. 11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Oliver POS Platform and the use of our Oliver POS Platform.
    3. 12.0 LIMITATIONS AND EXCLUSIONS OF LIABILITY
    4. 12.1 Nothing in these terms and conditions will:
    1. (a) Limit or exclude any liability for death or personal injury resulting from negligence;
    2. (b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
    3. (c) Limit any liabilities in any way that is not permitted under applicable law; or 
    4. (d) exclude any liabilities that my not be excluded under applicable law.
    1. 12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions;
    1. (a) Are subject to Section 12.1; and
    2. (b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    1. 12.3 To the extent that our Oliver POS Platform and the information and sevices on our Oliver POS Platform are provided, we will not be liable for any loss or damage of any nature.
    2. 12.4 We will not be liable to you in respect of any losses arising out of any event or events.
    3. 12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    4. 12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
    5. 12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    6. 12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Oliver POS Platform or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    1. 13.0 BREACHES OF THESE TERMS AND CONDITIONS
    1. 13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
    1. (a) Send you one or more formal warnings;
    2. (b) Temporarily suspend your access to our Oliver POS Platform;
    3. (c) Permanently prohibit you from accessing our Oliver POS Platform;
    4. (d) Block computers using your IP address from accessing our Oliver POS Platform;
    5. (e) Contact any or all of your internet service providers and request that they block your access to our Oliver POS Platform;
    6. (f) Commence legal action against you, whether for breach of contract or otherwise; and/or
    7. (g) Suspend or delete your account on our Oliver POS Platform.
    1. 13.2 Where we suspend or prohibit or block your access to our Oliver POS Platform or a part of our Oliver POS Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
    2. 14.0 VARIATION
    3. 14.1 We may revise these terms and conditions from time to time.
    4. 14.2 The revised terms and conditions shall apply to the use of our Oliver POS Platform from the date of publication of the revised terms and conditions on the Oliver POS Platform, and we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Oliver POS Platform from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Oliver POS Platform.
    5. 14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Oliver POS Platform, and you must stop using the Oliver POS Platform.
    6. 15.0 ASSIGNMENT
    7. 15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    8. 15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
    9. 16.0 SEVERABILITY
    10. 16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    11. 16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    12. 17.0 THIRD PARTY RIGHTS
    13. 17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
    14. 17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
    15. 18.0 INTELLECTUAL PROPERTY RIGHTS
    16. 18.1 Intellectual Property Rights means, all intellectual property rights wherever in the world, whether registrable or unregisterable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights, rights of design and proprietary coding.
    17. 18.2 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Provider to the Customer, or from the Customer to the Provider.
    18. 18.3 Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, proprietary coding or other intellectual property right of the Oliver POS Platform.
    19. 19.0 ENTIRE AGREEMENT
    20. 19.1 Subject to Section 12.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our Oliver POS Platform and shall supersede all previous agreements between you and us in relation to your use of our Oliver POS Platform.
    21. 20.0 LAWS AND JURISDICTION
    22. 20.1 These terms and conditions shall be governed by and construed in accordance with Canadian law.
    23. 20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR jurisdiction of the courts of Newfoundland and Labrador.
    24. 21.0 STATUTORY AND REGULATORY DISCLOSURES
    25. 21.1 We are Copyright Registered in Canada in Canadian Intellectual Property Office; you can find the online version of the register at http://www.ic.gc.ca/app/opic-cipo/cpyrghts/dsplySrch.do?cancelButton=Back+to+search&lang=eng, and our registration number is 1148351.
    26. 21.2 We are subject to the Copyright Act http://laws-lois.justice.gc.ca/eng/acts/C-42
    27. 21.3 We are registered as [title] with [professional body] in [Canada] and are subject to [rules], which can be found at [URL].
    28. 21.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].
    29. 21.5 Our HST number is [number].
    1. 22.0 OUR DETAILS
    2. 22.1 This Oliver POS Platform is owned by 9677518 Canada Inc. and operated by 81903 Newfoundland and Labrador Inc.
    3. 22.2 81903 Newfoundland and Labrador Inc. is registered in Newfoundland and Labrador our registered office is at 170 Water Street, St. John’s, NL A1C 1A9.
    4. 22.3 Our principal place of business is at 170 Water Street, St. John’s, NL A1C 1A9.
    5. 22.4 You can contact us:
    1. (a) By post at the postal address given above;
    2. (b) Using our Oliver POS Platform contact form;
    3. (c) By telephone, on the contact number published on our Oliver POS Platform from time to time; or
    4. (d) By email, using the email address published on our Oliver POS Platform from time to time.
    1. 23.0 HARDWARE
    2. 23.1 All terms and conditions, in the aforementioned, are in full force and effect with respect to hardware where applicable
    3. 24.0 ACCEPTANCE OF TERMS
    4. 24.1 The hardware purchase agreement is deemed to have been executed / entered by both parties and is governed by the laws of Newfoundland and Labrador.
    5. 24.2 The customer is aware of the full specification of the hardware they have purchased or ordered.
    6. 24.3 It is the customer’s sole responsibility to ensure that the hardware meets their entire specific needs.
    7. 24.4 Oliver POS, nor its affiliate, or subsidiaries do not ensure or guarantee hardware integration with any or all miscellaneous hardware not purchased through the Oliver POS store.
    8. 25.0 ORDERS AND TRANSACTION
    9. 25.1 If the customer agrees to purchase POS equipment, the customer also agrees to pay the following costs when warranted:
    • (a) Purchase price as determined by Oliver POS and specified on the Oliver POS online shop;
    • (b) Any and all shipping and handling fees;
    • (c) Duties and brokerage fees
    • (d) Any applicable sales, usage, harmonized, value-added or similar taxes.
    1. 25.2 All prices are in USD.
    2. 25.3 Calculated total purchase price determined at checkout will be charged in full and payable in full upon ordering.
    3. 25.4 Customers must verify their receipt of payment ___ days after purchase.
    4. 25.5 The products offered by Oliver POS consist of Oliver POS Hardware as well as Third Party hardware purchased and resold by Oliver POS.  Should Oliver POS confirm an order and then subsequently learn that product (s) are unable to be supplied by Oliver POS, Oliver POS reserves the right to limit or change the quantities of Hardware available for purchase or cancel the order in full.  If the order is cancelled in full, Oliver POS will refund the customer purchase (s).
    5. 25.6 Should any of these Terms and Conditions be breached by the Customer Oliver POS reserves the right to withhold payments transmitted from the Customer to Oliver POS through the Oliver POS store or any Third-Party sales portal.
    6. 26.0 RETURNS AND REFUNDS
    7. 26.1 If the Customer is not fully satisfied with any or all pieces of Oliver POS Hardware purchased through the Oliver POS online store or associated shops, may the hardware within ___ days of the purchase date.  Payment will be refunded if and only when the following is completed:
    1. (a) Customers must return all products, cords, cables, parts and documentation included in the original packaging (s);
    2. (b) Customers must return only those products purchased through the Oliver POS online store;
    3. (c) Only products;
    4. (d) All returns are subject to a ten percent (10%) restocking fee.
    1. 26.2 Refunds will be processed using the original method of payment used at the point of purchase.
    2. 27.0 WARRANTIES
    3. 27.1 TBD dependent upon manufacturer’s warranty (s).