LEGAL NOTICE AND TERMS OF USE

1. Acceptance of terms

Access to information about vCash POS (“vCash POS”) and the use of such information found on this website (the “Website”), which may include data, images, graphics, texts, animations, video or audio excerpts, or any other content (“Content”) is governed by the terms and conditions that follow (“Terms of Use”), unless otherwise mentioned, if applicable.

PLEASE READ THE TERMS OF USE ATTENTIVELY, AS ACCESS TO AND CONSULTATION OF THE PAGES OF THE WEBSITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE.

IF YOU DO NOT ACCEPT THE TERMS OF USE IN THEIR ENTIRETY, PLEASE EXIT THE WEBSITE AND/OR DO NOT ACCESS ITS CONTENT.

2. Property and copyright

The Content of the Website, including any software, is protected by copyright laws. The Content is the exclusive property of vCash POS and/or its partners, if applicable. No provision of the Terms of Use may be interpreted in such a way as to grant you any claim to any or all of the Content.

vCash POS authorizes your access to the Content for your personal use and not for commercial or education purposes. You are strictly prohibited to reproduce, record, publish, display publicly, sell, or distribute any or all of the Content, or to license it or create products derived from it without the explicit written permission of vCash POS.

3. Trademarks

The names, logos, and icons of vCash POS and of its products and services are trademarks and the property of vCash POS. They may not be used without the prior written permission of vCash POS. Other products and company names and logos contained in the Website may be the trademarks of their respective owners.

4. Products and services of vCash POS

The products and services mentioned in the Website are products and services offered by vCash POS. vCash POS may, at its discretion, modify or adapt them at any time, without prior notice.

Some products or services may not be offered in every region. Please contact us directly to verify the availability of products and services that interest you in your region.

5. Accuracy of information

vCash POS makes every effort to ensure that the information contained in the Website is accurate and up-to-date. However, this information may contain technical, typographical, or other errors or omissions. The Content is provided “as is” by vCash POS, without warranties of any kind, either express or implied, of accuracy or completeness of the information available in the Website. We advise users not to rely on any of the Content in any way without first contacting us directly to verify the accuracy of all information.

The Content of the Website, including the Terms of Use, is subject to change by vCash POS, at any time and without prior notice.

6. Links to third-party websites

Links to third-party websites are provided for your convenience. vCash POS does not promote any website consulted through these links. vCash POS shall not be held responsible for any information or content in these websites, which are controlled and/or operated by third parties, nor shall it warrant the completeness, accuracy, and currency of such information. The inclusion of these sites does not imply recommendation or endorsement by vCash POS.

7. Limitation of liability and indemnity

In no event or circumstance will vCash POS be liable for any damages, including, without limitation, special, indirect, consecutive, contractual, extra-contractual, or other damages arising from the use or the inability to use the Website and its Content, the consultation of links to other websites, the ownership of rights or the accessibility of products and services, even if vCash POS has been advised of the possibility of such damages.

vCash POS shall not be liable for any loss sustained by you arising from any loss or damage to your computer, software, systems, information, materials, or business due to the information or lack of information in the Website. This includes, without any limitation, damages or losses due to errors, omissions, or inaccuracies in the Content, resulting from whatever cause.

You agree to defend, indemnify, and hold vCash POS harmless from and against any and all claims, liabilities, costs, and expenses, including, without any limitation, reasonable professional fees, arising from the violation of these Terms of Use by you or by users of your account, or from the communication or transmission of any information or data in the Website by you or users of your account, including, without limitation, Your Information, as defined in Section 8 below, or its content.

For the purposes of interpretation of this Section 7, vCash POS includes vCash POS Inc., its divisions, subsidiaries, successors, parent companies, and their employees, partners, directors, administrators, agents, and representatives.

8. Protection of personal information

Even if vCash POS obtains very little information on the users of the Website, vCash POS respects the private life of its visitors and will not disclose any personal information to third parties.

vCash POS does not claim the property of the information or data that you provide to vCash POS via the Website (“Your Information”). However, by posting, uploading, inputting, providing, or submitting Your Information, you are granting vCash POS the right to use Your Information according to the use for which it was submitted and in accordance with the terms of this Section 8.

No compensation will be paid with respect to the use of Your Information. vCash POS is under no obligation to post or use any or all of Your Information. By submitting Your Information, you also grant vCash POS the right to post or to remove from the Website any or all of Your Information, at any time and at its sole discretion.

vCash POS shall not be subject to any obligations of confidentiality regarding the content of Your Information, except as specifically agreed between vCash POS and you in a separate agreement.

It is strictly prohibited to post on or transmit via the Website any unlawful, threatening, defamatory, obscene, or pornographic material, or any material that could give rise to a criminal offence or civil liability on the part of any person or entity.

You remain the sole party responsible for the content of Your Information.

9. Software

Any software or management tool made available from the Website but excluding third-party websites (“Software”) is the property of vCash POS and/or its suppliers, if applicable. Use of the Software is governed by the terms of the end-user license agreement, if applicable, that comes with or is included in the Software (“License”). The Software user may not use the Software without first having accepted the terms of the License.

Any Software shall be used only in accordance with the terms of the License. Any reproduction or redistribution of the Software that does not comply with the terms of the License is strictly prohibited by law, and could result in criminal or civil liability.

Without limiting the foregoing, copying or reproduction of the Software on to any other server or location for further reproduction or redistribution is strictly prohibited.

If the Software is guaranteed, if applicable, such guarantee is limited to what is explicitly stated in the License agreement. Except as guaranteed in the License agreement, vCash POS disclaims all guarantees and conditions with regard to the Software, including all implied warranty of merchantability, fitness for a particular use. Except as guaranteed in the license agreement, vCash POS disclaims all guarantees and conditions with regard to the Software, including all implied guarantees of merchantability, fitness for a particular purpose, and non-infringement.

10. Our relationship with you

Nothing contained in these Terms of Use, or access to and/or consultation of the Website shall be construed as creating any agency, partnership, other form of joint enterprise, or employment between you and vCash POS.

11. Access to the Website

vCash POS makes no representation related to the content and availability of the Website for use outside of Canada. Access to it from territories where the Website or its contents may be illegal is prohibited. If you choose to access the Website from such places, you do so on your own initiative and you are responsible for compliance with applicable local laws.

12. Applicable laws

This Website is operated by vCash POS from its offices in Canada, and its terms and conditions are governed by the laws of the province of Quebec and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of Quebec in connection with the interpretation or application of these terms.