Last updated: 29 January 2018
Last updated: 29 January 2018
Your access to and use of the Website or Service (including any free trial or paid use of the Service) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website or Service.
By accessing or using the Website or Service, you agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with any part of the Terms, you must not accept this agreement and may not use the Website or Service.
This Personal Data Protection Policy (“Notice”) applies to Pozento, and governs the collection, use and disclosure of your personal data through our Service. This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
We may revise this Notice from time to time without any prior notice. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
You may contact our Data Protection Officer at email@example.com if you have any enquiries or feedback on our personal data protection policies and procedures.
As used in this Notice, your “personal data” means data about a user who can be identified: (a) from that data submitted; or (b) from that data and other information to which we have or are likely to have access.
Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, photographs, and financial information such as credit card numbers, debit card numbers or bank account information. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
We may collect and use your personal data for any or all of the following purposes:
We may disclose your personal data:
You may withdraw your consent by assessing your account to opt out of marketing information or via firstname.lastname@example.org. However, for the execution of our Service, we will continue to send out notifications with respect to changes or updates related to your subscription or use of our Service.
To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
The purposes listed in the above clauses may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
When signing up for an account on Pozento’s Website or Service, you undertake that you are at least 18 years of age; you are a human and not a computer or bot; and you will provide valid and accurate information requested during registration.
You must agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that your personal data remains true, accurate, current and complete. Your personal data is needed to manage and validate access to Pozento’s Service.
You agree that you may not access the Service if you are our direct competitor, except with Pozento’s prior written consent. In addition, you may not access the Service for purposes of monitoring our availability, performance or functionality, or for any other benchmarking or competitive purposes.
Access to and or any use of the services which can be obtained from this website is strictly limited to bona fide customers or persons genuinely intending to become bona fide customers.
By this prohibition, any persons being a direct competitor or being employed by a direct competitor who enters this website shall be deemed to be committing economic or industrial espionage and not merely conducting “Competitive intelligence” for market research or similar.
Should a breach of this condition occur, persons and or companies breaching such conditions agree to be liable to pay the proprietors of Pozento liquidated damages in the amount of USD100,000 for each and every breach committed. In this regard, such persons committing the breaches agree that the said sum of USD100,000 is a fair and reasonable assessment of damages and shall pay such liquidated damages on demand.
You are responsible for all activity arising from, or resulting from the use of the Pozento Service through your account, and for maintaining the security of your account and password. Pozento will not be liable for any loss or damage that may result from any failure to keep your usernames and passwords secured.
You may upgrade or downgrade your account at any time following the guided steps in your account. Subscription of the old plan will be cancelled and your new plan will take effect immediately. Subscription fees will be prorated according to your billing cycle.
Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Pozento does not accept any liability for the resulting loss of data, content, features or capacity.
If you decide to terminate your paid subscription, no refunds will be given in respect of any unused portion.
Pozento reserves the right to cancel or suspend your account at any time in its sole discretion if your account is under the suspicion of carrying out illegal activities.
You are entitled to cancel your account with Pozento at any time. Your account can only be cancelled when you are logged in to your account. Cancellations will not be valid via email, phone or any other platforms. If you cancel your paid account before the end of your subscription for the month, your cancellation will take effect immediately and you will not be charged again. There will not be any refund of the fee(s) paid in advance.
Upon cancellation of your paid account with Pozento, we will continue to maintain your personal data for account administration. However, the data present within your store’s product list, inventory and reports will only be maintained for ninety (90) days upon account cancellation. All paid functions will also be disabled and only exporting of data files are applicable; after ninety (90) days, all data will be completely deleted.
For free trial accounts, upon account expiration or termination, all functions will be disabled immediately. You are advised to backup and export your data files before your free trial terms expires. Your account will stay dormant and all data will be deleted.
Pozento is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed up or replicated before cancellation.
Fees quoted for Pozento plans (“Shopfront”, “eCommerce” and “Expansion”) are for 30 days (“monthly subscription”) and include tax. All other additional costs incurred from purchases of hardware such as additional terminals or registers, printers and cash drawers, will be charged separately if the items are sourced through Pozento or our partners.
Subscription fees and use of the Service are subject to change by Pozento. If there are any changes to the existing price plans, users will be notified with 30 days of notice before the change, either by email or by displaying on the website. Pozento shall not be liable to users or any third party for any modification to the fees or the Service.
The Service is charged in advance on a monthly recurring basis for a 30-day subscription. For users who have provided a valid credit card number, you consent to participate in our monthly subscription renewal scheme and authorise us to charge your credit card for the Service; the monthly subscription renewal scheme includes payment for the initial subscription term, and all other subsequent renewal terms, as long as you willingly provide the card information to us. An email notification will be sent once the deduction has been successfully made.
Should the automatic renewal fail due to inaccuracies in the debit/credit card information submitted, or if payment for extension has not been received by the indicated subscription end date, you will – inevitably – experience a lapse in your subscription. You are encouraged to maintain accurate payment information and adhere to the recommended payment cycle so as to ensure minimal disruptions to the Service you have subscribed to for your business operations. Legal action may be taken to reinforce or mitigate debts.
For subscriptions paid by Cash or Bank Transfer, an email notification will gently prompt you on the impending expiration of your account five (5) days before your subscription end date. Please approach the nearest authorised Pozento distributor for assistance.
There will be no refunds upon payment. For Service downgrades or upgrades, the final billing amount will be prorated according to the cycle of your first subscription plan.
For add-on features subscribed midway through an ongoing subscription plan, the amount will be prorated and charged together with the following month’s subscription plan (inclusive of add-ons).
The 30-day free trial is available on the Expansion plan and will begin as soon as your account is registered. At the end of the free trial period, your account will cease to work if you do not opt in to continue with our Service.
All fees are exclusive of taxes, unless otherwise stated, and the user indemnifies and holds Pozento harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
You agree that Pozento owns all of the intellectual property rights existing in the Website and Service, unless otherwise stated. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Pozento’s brand, logos, and any other resources except with Pozento’s prior written consent. Unauthorised reproduction of Pozento’s content is strictly forbidden.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website or Service, except as expressly authorised herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or Service.
The Pozento Service is provided on an “as is” and “as available” basis, and your use of them is at your sole risk. Pozento does not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or, (e) any errors in the Service will be corrected.
You acknowledge that Pozento may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology required to provide the Service. The acts and omissions of those third party suppliers may be outside of Pozento’s control, and Pozento does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, Pozento excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
The Service is available with the following minimum requirements:
The offline mode service will only be activated upon loss of Internet connection while you are on the Point-of-Sale (POS) module, New Sale screen.
While in offline mode, you will be able to search for a maximum of 10,000 products, complete 1,000 sales transactions (per receipt), and hold 1,000 bill transactions.
Pozento works with Twilio amongst other third party service providers to ensure the enterprise solution, which we provide, is functioning optimally. We will not be responsible for any lapse of services not directly controlled under Pozento.
Pozento will endeavour to promptly respond within four (4) hours, during working days (Monday – Friday, 9am – 6pm, GMT+8) for all technical issues that arise in connection with the Website or Service. As there could be varying degrees of technical issues, we seek your understanding should we require more man-hours to attend to your issue. We will always use best practices to resolve issues in a timely manner, but we cannot accept any liability for loss or damages should we not meet with the above anticipated time frame despite our best endeavours to do so.
For Pozento users who have made their software purchase with an authorised Pozento distributor, please contact your distributor for assistance.
Pozento assumes no responsibility for any loss suffered as a result of any partial or total breakdown of the Website or Service, or any technical malfunctions resulting in an inability to use the Service (either in whole or in part).
You agree to indemnify Pozento and hold it harmless on an indemnity basis against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Pozento may incur or suffer or be subject to arising from or in any way related to your use of the Service.
Pozento shall not have any liability for any lost profits, revenues or indirect, special, incidental, consequential, cover or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party has been advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by law.
Neither party’s liability with respect to any single incident or series of related incidents arising out of or related to this agreement will exceed the amount paid by you hereunder in the twelve (12) months preceding the incident or series of related incidents, provided that in no event will either party’s aggregate liability arising out of or related to this agreement exceed the total amount paid by you hereunder. The above limitations will apply whether an action is in contract or tort and regardless of the theory of liability. However, the above limitations will not limit your payment obligations under fees and payment for the service.
The provisions and limitations of this section will apply to you and all of your affiliates purchasing the Service hereunder in the aggregate, meaning our liability to you and/or one or more of your affiliates for an incident or series of related incidents, collectively, will be limited to the aggregate amount paid by you and your affiliates as set forth in this section.
When connecting with our technical staff during troubleshooting, you agree to share your computer screen and have it remotely controlled by our employee. Our employee will do what is necessary to investigate, advise and troubleshoot. You shall be required to give full cooperation with our technical staff during this process.
Pozento will not be responsible for loss or leakage of information that is voluntarily exposed upon your written or spoken approval.
Your right to use the Website or Service is not transferable. Any password or right given to you to obtain information or documents is not transferable. You agree that you will not:
Pozento will not assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms or similar items or processes arising from your use of the Website and/or Service.
The Website may contain links to other websites. Pozento is not responsible for the content, accuracy or opinions expressed in such websites, and such website contents are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website. You do at your own risk if you decide to leave our Website and access these third-party sites.
Pozento reserves all rights to change, amend or update these Terms and the Website and Service at any time with or without notice to you, and may also add new features that will be subject to the Terms. Your use will be conditioned by the updated Terms if you continue to use the Website or Service.
In the event where there is loss of data or technical downtime caused by the lapse of any third party service providers, Pozento will not be held responsible for such negligence, although Pozento shall continue to work on restoring the application back to optimal performance.
Third party softwares and hardwares that are installed with Pozento will not be assured under Pozento’s warranty or after-sales service.
Pozento will not be responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event, which cannot be controlled by Pozento, such as a Force Majeure when certain circumstances beyond the control of Pozento might arise, making performance of the services inadvisable, commercially impracticable, illegal, or impossible. In such circumstances it is agreed that Pozento can suspend or terminate the performance of its obligations. In such circumstances, Pozento shall endeavour to issue a Notice of Force Majeure at the earliest time possible.
These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions, and in relation to any matter or dispute arising in relation to these Terms the parties agree to submit to the exclusive jurisdiction of mediation using the online mediation services of Singapore International Mediation Centre (“SIMC”). Any decision by the SIMC mediator shall be final and binding on the parties without any right of appeal. The Mediation e-Form can be accessed at the SIMC website at http://simc.com.sg/online-mediation-form/. You are encouraged to access the SIMIC website and familiarise yourself with the SIMC Mediation Rules and procedures.
Any failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Personal data in Singapore is protected under the Personal Data Protection Act 2012 (PDPA). Pozento is fully compliant with PDPA.
As from May 2018, a new protocol being the General Data Protection Regulation (GDPR) which requires all organisations that handle EU residents’ data to abide by its terms, is said to come into operation. Pozento intends to become fully compliant with GDPR.
Whilst we, like other online businesses, are transitioning to ensure compliance with the new requirements of GDPR, we shall run the GDPR protocol requirements in tandem with the existing PDPA protocol requirements to avoid confusion.