Terms of use

Introduction

This Terms of Use Agreement, including the terms, policies and guidelines referred to herein constitute a legally binding agreement between Saledock ltd ("Saledock", "we", “our” and "us") and you (“user”, “customer”, “your” and “you”), governing the access to and use of our paid and free trial Services, including access to www.saledock.com ("Website"), the Saledock back office system ("System"), the Saledock Point of Sale application ("App"), Saledock Ecommerce websites ("Ecommerce") and/or any related products or services (collectively referred to as our "Services").

“User”, “customer”, “your” and “you” also means you as the account holder and you as the company or other business entity.

Account registration and use

Our Services are only available to companies and sole traders selling goods and services as a business. To access and use our Services you require a Saledock account. To register for an account we require your name and business information to check the legitimacy of your business before creating an account. Once we have approved the creation of your account we require an email address and password which is used to login to your Saledock account and access our Services. You must provide us with accurate and complete information. Any changes to this information should be updated in the “My Account” section of your Saledock back office account in a timely manner. We reserve the right to deny account creation or access to our Services and either suspend or terminate existing accounts if false, inaccurate or incomplete information is provided.

Only one (1) Saledock account per business may be created unless otherwise approved by us. As a sole trader you warrant that you are not acting on behalf of, or for the benefit of, anyone else. As a company or other business entity you warrant that you’re authorised to create an account on behalf of the company or business entity.

To register for an account you agree that:

• You are a legal resident or citizen of the United Kingdom or you are a company or business entity authorised to conduct business in the United Kingdom.
• You will only use our Services in the United Kingdom.
• You are at least eighteen (18) years of age.
• Saledock may share your information to confirm the legitimacy of your business.
• Saledock may share your information for regulatory and compliance purposes.
• Saledock may store your information on our system to update our customer records and manage your account.

To access our Services use your email and password provided when registering for your account to login to your back office account. You are defined as the account administrator and may create sub-accounts to allow additional users to access the Saledock back office and Saledock Point of Sale application. To create a Saledock back office account you will require a new email address and password for each new user to access our Services. To create a Saledock Point of Sale account you will need a new username and PIN for each new user to access our Services. We reserve the right to limit the number of sub-accounts of may have.

You are responsible for sub-account users and agree that:

• You will ensure all sub-account users comply with this Terms of Use Agreement.
• You are liable for the actions or omissions of sub-account users using our Services.
• You indemnify and hold us harmless from any actions or omissions of sub-account users when using our Services whether for legitimate, illegal or malicious reasons.

You and all sub-account users must not share your PINs or passwords, keep them safe and secure. You must change your PIN or password and contact us immediately at support@saledock.com if you have proof or suspicion of unauthorised or illegal use of your Saledock account. You must provide us with all evidence and documentation of such unauthorised or illegal use of your Saledock account and take reasonable steps to assist in our investigation.

Account cancellation

We can suspend or cancel your account at any time upon notice to you effective immediately at our sole discretion if:

• You breach the terms of this Agreement.
• You regularly exceed what we deem as reasonable use and where we have notified you of your use and you continue to exceed limitations.
• We withdraw the use of our Services within your country.
• Our Services are likely to breach any applicable laws in your country.

You can cancel your account with us at any time by emailing support@saledock.com. If you cancel before the end of your current paid up month, the cancellation will take effect immediately and you will not be entitled to any refund of fees paid in advance unless agreed otherwise.

If you cancel your account with us your rights under this Agreement will come to an end except in relation to the continued storage of your data. Upon account cancellation we will delete the data you submitted using our Services after six (6) months unless we are required to retain your data for research, legal and regulatory purposes. We may continue to store your data for research purposes, any such data will be anonymised and used to help us develop and improve our Services. We are not liable for the loss or damage of data after you cancel your account. Ensure all your data is exported and a back-up is taken before you cancel your account.

Plans and reasonable use

We offer a range of subscription plans that enable you to use our Services. The available features and subscription fees differ per plan as stated on our Website or via email if we have provided you with a custom plan. From time to time we may change, remove or introduce new plans and update our Website to reflect the plan changes. If you are an existing customer with a Saledock account we will notify you by email using the email address provided upon account creation thirty (30) days before the changes take effect date. The email address provided in the "My Account" section of the back office is the only email address we will use to contact you so ensure this is kept up to date. If you continue to use our Services once the changes take effect you agree to these changes including any loss of features and prices changes. If you do not agree with the changes ensure you cancel your subscription before the changes come into effect. You agree to use our Services in a reasonable manner, including Services advertised as unlimited and as free trials. Limitations per account may include but are not limited to:

• The number of stores, registers, customers, products and users.
• Server storage space used to back up your data.
• Frequency of API calls.
• Bandwidth usage per twenty four (24) hour period.
• Page views per thirty (30) minute period.

We reserve the right to limit, suspend or terminate your access to our Services, or disable any third party integration you have, if you unreasonably exceed such limits or hinder our resources which pose a threat to the integrity and quality of our Services. We will make all reasonable efforts to inform you of your usage and request that your usage is reduced before imposing any restrictions. We may also ask you to upgrade your subscription if you regularly exceed our limits.

We will permanently delete any account (including data) that has been inactive for six (6) months (user has not logged in). We will give thirty (30) days’ notice to your registered email address.

Fees and taxes

We offer a fourteen (14) day free trial as stated on our Website. Your trial will begin the day your Saledock account is created and end fourteen (14) days later, we will notify you seven (7) days before your trial ends and again the day your trial ends with billing information to pay the subscription fee should you wish to continue using our Services. If you do not wish to continue using our Services or do not pay the subscription fee due at the end of your free trial your account will be de-activated once your trial ends. Your account with all your data will be deleted after thirty (30) days. If you pay the subscription fee before your trial ends your account will remain active. Your account will be re-activated upon confirmation of subscription fee payment using a valid credit card. Your subscription will automatically renew each month, payment will be taken automatically for your subscription. Subscription fees are charged one (1) month in advance. You must cancel your subscription before your renewal date to avoid being charged for the next month. Unless required by law we will not provide refunds.

All fees are exclusive of tax unless stated otherwise. You indemnify and hold Saledock harmless against any and all claims by the tax authority in relation to your taxes. You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid or withheld for any reason for the sale of your products, service and payments you receive in connection with the use of our Services whether directly or via a third-party. You are solely responsible for collecting, withholding, reporting and remitting taxes to the appropriate tax authority.

Account upgrade or downgrade

You may change your Saledock subscription at any time. Once your subscription change has been confirmed any changes will take effect immediately. Please read and understand the implications of changing your plan before making any changes to your subscription:

• Downgrading your plan may result in a loss of data, reduced access to features and resources, and limit the number of users, products, stores and registers allowed per account. You are responsible for the loss of any data and features as a result of the downgrade. Saledock does not accept any liability for any loss.
• If you downgrade your subscription, no refund will be paid in respect to any unused portion of any higher paid account offering.
• If you upgrade your subscription, we will only charge the price difference for the unused amount paid towards your existing plan when upgrading your subscription. Your plan will be upgraded upon receipt of payment and your subscription renewal date will be reset.

Saledock Services are provided "As is"

We provide our Services on an “As is” and “As available” basis without any warranty or condition, whether express or implied, except as specifically stated in this Agreement. You acknowledge that Saledock does not warrant that any part of our Services will be continuous, uninterrupted, secure or error-free. We will not be liable for any disruption or impairments of our Services under this Agreement. We do not warrant that our Services are accurate, reliable, correct or will need your requirements. Nor do we warrant our Services are free from viruses or harmful components. Any content or data downloaded or obtained otherwise through the use of our Services is downloaded at your own risk and you will be solely responsible for any damages that result from the download.

We are not responsible for matters outside our control, including but not limited to internet access or connectivity, mobile and computing devices, transmission of information over the internet or other networks, third-party hosting providers and third-party service providers.

We are committed to developing new features and functionality to enhance our Services. To benefit from new features you will need to ensure you download and install the latest version of our Saledock point of sale application. New features will be automatically available on the web based Saledock back office. We may also release updates for upgrade and maintenance purposes. We may also terminate all our Services at any time, nothing in this Agreement should be taken as a guarantee that any of our Services will always be available in any form, or that we will continue to support, maintain or continue to offer any or all of our Services.

Compatibility

To use our Services you will require a compatible device and compatible web browser. We endeavour to keep our browser and operating system compatibility list and hardware compatibility list up to date but cannot guarantee our Services will be compatible with your device. You may not use our Services on a device that has been modified to the manufacturers software and hardware guidelines.

App

To use our Services, you must download and install our Saledock Point of Sale (POS) application. This can be downloaded from Google Play and the Sunmi App Store. The application is only available for Android. You must also download and install any updates and use the most recent version of the app available. We may also install the app in a software development kit format. The mobile app is intended for portrait mode only, the tablet app is intended for full screen landscape mode only.

No malicious or illegal use

You may not (and shall not allow any third party to) disrupt our Services. You may not:

• Access, "scrape" or tamper with non-public areas of our Services, computer systems or the technical delivery systems of our Services and providers.
• Scan or test the vulnerability of our Services.
• Breach or circumvent our security and authentication measures.
• Attempt to disrupt our infrastructure with “bots”, automated systems or any other automated and non-human methods that would overwhelm our Services beyond the rate of human usage during the same period of time.
• Interfere with or disrupt the access of any user, host or network, including but not limited to sending a virus, overloading, flooding, spamming or mail-bombing our Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on our Services.

You may not (and shall not allow any third party to) misuse our Services. You may not:

• Use, promote or support our Services for any defamatory, threatening, unlawful or fraudulent activities.
• Impersonate a person, entity or affiliate that does or is intended to mislead or deceive others.
• Publish or post other people’s identifiable personal or financial information without their prior authorisation and consent.
• Promote, advertise or link our Services to malicious content intended to disrupt or damage our Services, user’s browsers or user’s computers.

You may not (and shall not allow any third party to) use content within our Service that:

• Is deceptive, threatening, pornographic, fraudulent, obscene, illegal or spreads hate. We under no circumstances tolerate such use. Such content will removed and you will be reported to the appropriate authorities.
• May expose us, our partners or customers to harm or liability of any nature.
• Violates any third party’s intellectual property rights or a person's or entities privacy rights.
• Contains viruses, bots, worms, malware or any other harmful material or that you do not have the right to make available by law.

If we believe you have used our Services for malicious or illegal use we reserve the right to immediately suspend or terminate your Saledock account, ceasing access to Saledock back office, Saledock point of sale application and Saledock ecommerce website upon notice and without liability to Saledock. The Saledock account holder will be notified should any sub-account within your business use our Services for malicious or illegal use.

Intellectual property

Our Services are owned by Saledock including but not limited to all Point of Sale software, back office software, ecommerce software (including all ecommerce website code whether custom designed or not), design, text, editorial materials, photographs, illustrations, videos, names, logos, trademarks and service marks. Our Service is licensed not sold, you agree that Saledock owns all intellectual property rights relating to our Services and you abide by all applicable laws, as well as any additional copyright notices or restrictions contained in our Services. Our license grants you limited, non-exclusive, non-sublicensable, non-transferable access and use of our Services. We claim no intellectual property rights in relation to the content you input into our Services.

We always welcome feedback relating to our Services to help us improve and develop our Services. You agree that by submitting feedback we will be free to use, modify and incorporate it internally and publically without obligation or compensation to you.

Limitation of liability and indemnity

To the maximum extend permitted by law, Saledock shall not be held liable for any direct, indirect, incidental or exemplary damages, including but not limited to damages for the loss of profits, business, goodwill, use, data or other intangible losses, resulting from:

• The use or the inability to use any or all of our Services due to technical malfunctions.
• The cost of procurement of substitute goods and services.
• Unauthorised access to, or alteration of, your communications or data.
• Statements or conducts of any third party regarding our Services.
• Any other matter relating to our Service.

In any such case, Saledock’s maximum aggregate liability under or in connection with this Agreement or your use of our Services is limited to the amount of fees paid by you in the past twelve (12) months. You agree and acknowledge that you will not hold Saledock responsible for, and will indemnify Saledock from, any liability arising from any claim, actions, proceedings, demands, costs, fees, charges and expenses which you may incur or suffer as a result of your improper use of our Services, your failure to comply with this Agreement and your violation of any applicable law.

Privacy

We are committed to protecting and respecting your privacy as set out in our privacy and cookies policy. We have measures in place to protect your personal information and data from accidental loss or unauthorised access. However, we cannot guarantee that unauthorised access for malicious and illegal use is not possible. Please keep your passwords safe and do not share them with anyone. By using our Services you acknowledge that you have read and understand our privacy and cookies policy incorporated into this Agreement by reference.

You confirm and agree to protect the privacy of others in regards to the personal or business information you may receive about your customers or other third-parties whilst using our Services.

Partner and third-party applications, websites and hardware

You are solely responsible for your access to and use of third-party apps, websites and services so we strongly advise you to read all third-party terms and conditions and policies before using their services. You agree and acknowledge that you will not hold Saledock responsible for, and will indemnify Saledock from, any liability arising from the actions or inactions of any third-party in connections with any authorisations you give.

Saledock use third-party payment providers to provide an integrated payment service. By connecting your third-party account with Saledock you agree and acknowledge that you will not hold Saledock responsible for, and will indemnify Saledock from, any liability arising from the actions or inactions of any third-party in connections with any authorisations you give. Saledock is not responsible for subscription costs, fees, taxes or any other form of costs incurred by the use of third-party services or websites. You will have a separate third-party payment provider account to view payment transactions, receive payments and pay transaction fee costs. Saledock is not responsible nor has access to third-party payment provider accounts. Saledock is not responsible for third-party payment disputes, failed payments or failed transactions.

By using our Services you acknowledge that you have read and understand our delivery and returns policy incorporated into this Agreement by reference. Saledock will not be held responsible for any third-party hardware purchased directly or in-directly from Saledock. We are not responsible for faulty or malfunctioning hardware and will not be held liable for costs incurred to repair or replace hardware nor are we responsible for damage to goods, premises or other hardware, loss of income or the impact to human or animal health or life as a result of faulty or malfunctioning hardware. For example, Saledock is not responsible for faulty hardware or hardware malfunctioning due to overheating or electrical issues that may result in a fire. Saledock will endeavour to assist in any investigation and in contacting relevant suppliers and manufacturers. Please read our shipping and returns policy which contains information regarding faulty and dead on arrival (DOA) hardware and warranty periods.

We work with a number of partners, value added resellers and other third parties to promote, market and integrate other products and services with our Services. We may receive a commission from those partners and third parties for referring our customers to them, or we may pay a commission to third parties where customers are referred to us.

Our Services including our Website may include links to external sites, we are not responsible for the policies or content of such sites. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by this Agreement. By browsing and interacting with any other website, including those that have a link on our Website, you agree and acknowledge that you will not hold Saledock responsible for, and will indemnify Saledock from, any liability arising from the actions or inactions of any third-party in connections with any authorisations you give.

Disputes

This Agreement and any disputes or claims arising in connection with this Agreement will be governed by the laws of the United Kingdom with the exclusion of its conflict of law rules. Both parties agree that most disputes can be resolved without resort to litigation. Both parties agree to use their best efforts to settle any dispute directly through consultation between each other before initiating a lawsuit or arbitration.

Assignment

This Terms of Use Agreement, and any rights and licenses granted under this Agreement may not be transferred or assignment by you without our prior written content, but may be assigned by us without your consent or other restrictions.

Force majeure

No party will be liable for delays in processing or other non-performance relating to our Services caused by events or circumstances beyond the party's reasonable control including but not limited to natural disasters, civil disturbance, acts of war or terrorism, fires, power failures, internet failures, equipment failures, strikes, outbreak of hostilities, non-performance of vendors or suppliers or other causes which the respective party has no reasonable control, this will not affect or excuse your liabilities and obligations under Terms of Use Agreement. Saledock shall not be liable under Terms of Use Agreement for cases of unforeseen or abnormal circumstances, or where Saledock is bound by other legal obligations covered by UK or EU law.

Entire agreement

This Terms of Use Agreement constitutes the entire Agreement between both parties with respect to the provision of our Services. In the event of conflict or inconsistencies between this Terms of Use Agreement and any other policy or Agreement, this Terms of Use Agreement shall prevail. This Terms of Use Agreement describes our entire liability to you, if any provision of this Agreement is held invalid or unenforceable under applicable law, then it will be updated to accomplish the objective of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Agreement amendments

We may amend this Terms of Use Agreement, any amendments will be published on our Website ("published date") twenty (20) days prior to the effective date of the amended Terms. If you are an existing customer with a Saledock account we will notify you by email on the date we publish the amended terms. By continuing to use our Services you agree to the Terms of Use Agreement amendments.

How can I contact you?

If you have any questions or concerns about our Terms of Use Agreement please contact us at terms@saledock.com.

For any support requests, queries, issues or complaints pertaining to our Services including Saledock Point of Sale Application, back office and ecommerce websites email at support@saledock.com. We’ll provide you with regular updates during normal support hours.

Our support hours are Monday to Saturday 08:30-18:30. We are closed and do not provide support on Christmas day (25th December).

We are not responsible for providing support of any kind to your customers in relation to the products and services you offer your customers.