Terms and Conditions

These terms and conditions (“Terms of Use”) govern the relation between Bytize Technology Solutions Pvt Ltd. (“Bytize”, “we”, “us”, or “ours”) and its customer (“Customer”, “You”, “Your”) in connection with the Service (as defined below).

Please review this Terms of Use carefully. By pressing the “REGISTER” button, the Customer represents that the Customer has read, understood, accepted and agreed to be bound by this Terms of Use. If the person pressing the “REGISTER” button is a person working for the Customer (“Representative”), the Representative is agreeing to this Terms of Use on behalf of the Customer, as well as warrants and represents that it is the official Representative of the Customer and has the full authority necessary to act for and on behalf of the Customer, including to decide for the Customer to be bound by this Terms of Use.

If the Customer does not agree to this Terms of Use and presses the “REGISTER” button by accident or mistake, please immediately cancel Your account and permanently delete the application from Your device.

By registering to and using this Service (as defined below), You expressly represent and warrant that You are and/or Your Representative is legally entitled to accept and agree to this Terms of Use and that You are and/or Your Representative is at least 18 (eighteen) years old. This Service (as defined below) is not available to persons under the age of 18 (eighteen).

GENERAL TERMS

This Terms of Use sets out the terms governing the use of PosBytz’s service provided for You, comprising of sales and provisions of any features, technologies, items, products, software, hardware and other products, services or functions provided by those products or services by PosBytz, including but limited to:

• PosBytz application (“Application”)
• posbytz.com (“Website”)
• PosBytz Online Store
• Point of Sale service
• Sales Report service
• Inventory Management service
• Multi-Branch Management service
• Customer Relationship Management service
• PosBytz Waiter App service
• Table Management service
• Split Printer service and
• other services, contents, updates, features, software and products as well as new releases that we may provide from time to time,

(hereinafter collectively referred to as the “Service”).

PosBytz may amend the Terms of Use from time to time, and PosBytz will notify such changes to the Customer by email or by providing a written message at the time the Customer uses the Service. If the Customer continues to use the Service upon receipt of the message, the Customer will be deemed to agree to be subject to such changes to the Terms of Use.

From time to time, PosBytz may add, modify or remove all or part of the features or functions within the Service. The Customer can install the latest version to accept the changes. PosBytz may also decide to discontinue providing all or any portion of the Service at any time, and there is no provision in this Terms of Use which may serve as a guarantee that the Application or part of any Service is always available, either in its current form or any other form, and/or where PosBytz will continue to support, maintain or continue to offer the Service and/or the Application or any version thereof.

PosBytz may offer a special feature that has its own terms and conditions that apply in addition to this Terms of Use (“Separate Terms of Use”). In those cases, the terms specific to the special feature control to the extent there is a conflict with this Terms of Use.

USE OF SERVICE

Subject to the terms of this Terms of Use, PosBytz hereby grants You a limited, revocable, non-exclusive, non-sublicenseable and non-transferrable (unless otherwise expressly specified herein) right and license to install and use the Service.

You agree to use Service only for the purpose that are permitted under (a) this Terms of Use; and (b) any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdiction.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service, the Content (as defined below), or any part thereof.

You will ensure that every user of the Service (on behalf of the Customer) shall be 18 (eighteen) years of age or older.

You agree to use the Service in a reasonable manner. Where PosBytz considers that the Your use of the Service is unusual or may result in a decrease in the performance of the Service for the Customer or other user, PosBytz may impose restrictions on the Your use of the Service. Where practicable, PosBytz will provide 24 (twenty four) prior notice to the You and request that the Your use be reduced prior to any limitation.

You are solely responsible for the utilization of the Service and agree that You will not hold PosBytz responsible or liable for any claim, damage, and/or loss from the use of the Service.

The Application and Service may only be used on a compatible and appropriate device. You are responsible to check and ensure that You have downloaded the Application and Service on the compatible and appropriate device. PosBytz is not responsible if You do not have a compatible and appropriate device.

You are prohibited to:

• use the Service in a manner that is unlawful, or for any purpose that is unlawful or fraudulent, or in any way inconsistent with the Terms of Use;
• infringe the intellectual property rights of PosBytz or any third party in connection with the use of Service;
• send any material that is defamatory, contemptible, or otherwise controversial in respect of Your use of Service;
• use the Service in a manner, which could damage, incapacitate, encumber, create defects, or undermine PosBytz systems or security or interfere with other users;
• collect or retrieve any information from PosBytz facility or system or attempt to decipher the transmission to or from the server using the Service;
• disclose or distribute information in relation to other Service users to any third party, or use such user information for marketing purposes unless You have obtained permission from that user to do so;
• access or register through users logins by using bots or other automated methods;
• reproduce, duplicate, copy, sell, trade or resell the Service for any purpose;
• attempt to access other PosBytz systems that are not part of the Service;
• copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service, the Content (as defined below), or any part thereof or permit other party to do so.

POSBYTZ ACCOUNT

To use the Service, You will have to register and create a PosBytz Account. You may never use another’s account without permission. When creating Your account, You are required to provide correct, accurate, latest, and complete account information, and keeps that account information true, accurate, current and complete.

You are the sole person authorized to access and use Your account. You are responsible for maintaining the security and confidentiality of Your account and password and You shall not allow or permit other person to access or use Your account and password. You may share the account and password to Your trusted Representative, however You are solely responsible to use the Service by using Your account and password. You release us from any claim or lawsuit that arises in case of misuse of the Service using Your account and password.

You must notify PosBytz immediately of any breach of security or unauthorized use of Your account. You should also immediately change Your password. We may terminate Your account or block You from accessing the Service if You broke the rules on keeping your password secure

SERVICE

The Service consists of Service offered free of charge (“Basic Service”) and on a payment basis, including subscription based Service. The Basic Service will only give You access to certain Service and features limited in nature. Other Service and features may only be accessed by You after payment (“Premium Service”).

PosBytz may give You a free trial for the Premium Service for a certain period of time (“Trial Period”). You must decide whether to purchase the Premium Service before the end of the Trial Period. If you do not purchase the Premium Service by the end of the Trial Period, Your Premium Service will automatically terminate and You may only use the Basic Service. All data that You stored in relation to the Premium Service will be stored and may be reaccessed after You purchase the Premium Service.

Within the Service, there may be Service offered on a subscription period basis, either monthly or annually, as selected by the Customer or its Representative (as applicable)

Your Premium Service subscription period will expire at the end of the subscription period as the subscription period You elected. If You decide not to renew Your subscription for the Premium Service by the end of the subscription period, You will not be able to continue using the Service. All data that You stored in relation to the Premium Service will be stored and may be reaccessed after You purchase the Premium Service. We reserve the right to delete Your data after the lapse of 30 (thirty) days after the end of the Premium Service subscription period.

The Service may include a feature that connects You to one of our partners. If You choose to use this Service, You understand and agree to be subject and bound to the applicable terms and conditions of the partner, which shall supplement this Terms of Use.

PAYMENT

The Customer acknowledges that by purchasing and/or subscribing to the Premium Service, the Customer agrees to the relevant rates, fees and billing cycles as (i) listed in the Application and/or Website at the time of purchase and/or subscription of the Premium Service, and (ii) amended from time to time pursuant to this Terms of Use.

Unless otherwise agree at the time of purchase and/or subscription of the Premium Service, the billing cycle for the Customer shall be for every 1 (one) month, 6 (six) months, or 12 (twelve) months, commencing as of the Customer purchases and/or subscribes to the relevant Premium Services, or, if the Trial Period is given to the Customer, on the next day after the expiry of the Trial Period.

PosBytz may at any time, at its sole discretion, modify the terms of charges, rates and billing cycles applicable over any type of Service, including changing the rates and fees of the Service, by notifying You of the same. If You do not agree with the changes, You may terminate the Premium Service subscription.

Payment due of the Premium Service shall become are payable through a credit card and by way of transferring the subscription fees to PosBytz’s virtual account. The Customer acknowledges that any delay in payment may result in the suspension and/or termination of the Premium Service to the Customer.

If Your payment and registration information is not accurate, current or complete, and You fail to immediately inform us after there is a change of information, we may refuse You of any use of the Premium Service.

If the Customer terminates the Premium Service subscription prior to the end of the relevant billing cycle, the Customer shall not be refunded of any payment relevant to such billing cycle.

All payments will be made without deduction, specifically tax deduction or any other form of taxes, for which You will be solely responsible.

PRIVACY POLICY

You hereby grant a royalty-free, irrevocable, perpetual, sublicenseable and worldwide permission to use (including for commercial purposes) information and/or data collected by PosBytz through Your use of Service, provided that PosBytz shall incorporate (with data from other users ) or make the information or data anonymous before using it. Apart from this right, PosBytz does not claim any other intellectual property rights in respect of any information or content that You furnish in the Service.

You understand and acknowledge that the data and information that You furnish in the use of Service may constitute, contains and/or related to data and information of other parties. You are responsible to and represent and warrant that You have obtained the permission to provide the other parties’ data and information to PosBytz. You hereby release PosBytz from any claims, suits and/or damages arising out of and/or in connection with the furnishing of data and information of the other parties by You.

The use and/or access of the Service will also be subject to any provision as set out in the privacy policy of PosBytz posted on the Application and/or Website | (“Privacy Policy”). By agreeing to this Terms of Use, we assume that You have read and agreed to the content of the Privacy Policy. The Privacy Policy and this Terms of Use are integral documents that need to be approved by the Customer before they can register and use the Service.

PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all information and data, such as website pages, web services, data files, text, computer software, videos, audio files, pictures, photographs, animations or other materials (collectively, the “Content”) which You may have access to as part of, or through Your use of, the Service are the sole property of PosBytz. You acknowledge and agree that PosBytz owns all legal right, title and interest in and to the Service and the Content, including any intellectual property rights which subsist in the Service and the Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree not to challenge or do anything, which is in contrary with such proprietary rights.

The right to use granted to You by this Terms of Use shall not constitute an assignment or sale of PosBytz’ proprietary rights over the Service, Content, system, or any part thereof. Saved from the right to use described in Section 2.1 herein, PosBytz retains all rights, proprietary rights and interests (including all intellectual property rights) over the Service or the copy thereof. Any attempt to use the Service beyond the scope permitted under this license shall automatically terminate the validity of the said license.

Nothing in this Terms of Use gives You a right to use any of PosBytz’s trademarks, trade names, service marks, logos, or domain names in any way that is intended to or likely to cause confusion about the owner or authorized user of such trade names, trademarks, service marks, logos, or domain names. You are not allowed to publish or use any of PosBytz’s trademarks, trade names, service marks or logos, except with the prior written consent of PosBytz.

CANCELLATION OF ACCOUNT

PosBytz may cancel or terminate the Customer’s account at any time under the PosBytz’s sole discretion.

The Customer reserves the right to cancel its account at the Service at any time, by following the instructions contained in the Customer account through the Application or Website or by contacting or sending an email to the customer support department of PosBytz. In the event the Customer cancels its account prior to the expiration of the Premium Service subscription period (either monthly or yearly), the cancellation shall take effect immediately and the Customer shall not be entitled to a refund of the prepaid fees.

If the Customer’s account is canceled, then: (a) the account may be deactivated or deleted; (b) all Customer’s rights in the Terms of Use will expire immediately; and (c) notwithstanding any applicable laws, all Customer’s data and content can be directly removed from the PosBytz’s system. PosBytz shall not be held liable for any loss or damage resulting from the cancellation of the Customer’s account, and it is the Customer’s obligation to ensure that any content and data it needs is removed or duplicated prior to the cancellation of the account.

SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”

The Service is provided on an “as is” and “as available” basis, and Your use upon it shall be at Your own risk. PosBytz will immediately (in normal business hours) handle any technical issues arising in connection with the Service.

PosBytz does not represent nor warrant that:

• the Service will meet Your specific needs;
• the Service will always be timely, secure, error free, free of interruptions, theft or destruction;
• the Service will always be accurate and reliable;
• the quality of any products, services, information, or materials purchased or obtained by You through the Service will meet the Your expectations;
• any errors in the Service will always be fixed;
• the Service is compatible with any computer, computer peripherals, operating system or other device;
• the Service provided is fully secured and free from bugs, virus, trojan and other malicious software component. it is Your responsibility to ensure that Your computer systems and device include reliable and regularly updated anti-virus software, and that regular and frequent backups are made of Your computer systems and device.

You acknowledge and agree that PosBytz may use third party suppliers to provide hardware, software, networking, connectivity, storage, and other technologies to provide the Service. Any action and conduct of such suppliers may be outside of PosBytz’s control, and PosBytz shall not accept any liability for any loss or damage suffered as a result of the actions or actions of that supplier. For and on behalf of itself and the supplier of such third parties, PosBytz excludes any warranties, which may be implied or otherwise apply under the prevailing laws and other regulations, to the extent permitted by applicable law.

For Your convenience, PosBytz may include hyperlinks to other sites or content on the internet, which are owned or operated by third parties. The linked sites or content are not under our control and PosBytz is not responsible for any errors, omissions, delays, defamation, libel, lies, pornography, obscene content, inaccuracies or other material contained in the content, or consequences of accessing any related website as well as accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Website or Application. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise You to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

Any link to other sites or content is not a form of endorsement or verification of such sites or content and You agree that Your access to the use of linked sites or content is entirely at Your own risk.

LIMITATION OF LIABILITY AND INDEMNIFICATION

To the extent permitted by the applicable law, PosBytz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, business, goodwill, reputation, data or other intangible losses that may be incurred or suffered by You.

PosBytz shall also not be liable for any loss or damages resulting from (a) the use or inability to use the Service (in whole or in part) or any technical damages; (b) the cost of procuring replacement goods or services; (c) prohibited access to, or alteration of, Customer communications or data; (d) any statement or action of any third party in connection with the Service; (e) any reliance placed by You on the completeness or accuracy of the Service or any portion thereof, including, but not limited to, any mathematical or numerical errors relating to any financial transactions facilitated by the Service; (f) any changes which PosBytz may make to the Service, or for any permanent or temporary cessation in the provision of the Service; (g) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of Service; (h) Your failure to provide PosBytz with accurate account information; or (i) any other problems with respect to the Service.

In either case, the maximum responsibility of PosBytz in respect of this Terms of Use or use of the Service by the Customer is limited to the amount of usage fee paid by Customer in the last 3 (three) months.

The limitations on PosBytz’s liability to You as set out in this Section shall apply whether or not PosBytz has been advised of or should have been aware of the possibility of any such losses arising.

You agree to indemnify and hold PosBytz, and its affiliates, officers, agents, employees and partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your use of the Service in any manner contrary to this Terms of Use or resulting from Your provision of inaccurate or incomplete information to PosBytz in connection with Your use of the Service.

GOVERNING LAW AND JURISDICTION

This Privacy Policy is governed by all laws applicable within the territory of India including the Information Technology (Amendment) Act, 2008 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. By using the Sites, you are agreeing to the terms of the privacy policy thereby consenting to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Sites or the privacy policy.

Disputes may be referred to Arbitration at the choice of PRH only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.

COMMUNICATION

You consent to allow us to contact You through email, phone, mail, posting or downloadable document (unless otherwise stated by You) and provide You with advertisements, marketing materials, update, newsletters, notices, and any other information to the contact address that You provide to us during registration and/or any other contact address from time to time.

MISCELLANEOUS

Entire Agreement. This Terms of Use constitutes the entire agreement between You and PosBytz and shall supersede any prior understanding, communication and agreement, whether written or oral, related to the subject matter hereof. This Terms of Use shall be read together and apply jointly with the Privacy Policy, Separate Terms of Use and/or any other terms and conditions applicable to Your chosen Service, including from a third party or partner (if any).

Severability. Should any provision of this Terms of Use be held unenforceable by any court of competent jurisdiction, such provision shall be removed without affecting the remaining provisions of this Terms of Use. The remaining provisions shall remain valid and enforceable.

Assignment. You shall not assign Your rights and obligations under this Terms of Use to any party (except as otherwise expressly provided herein) without the prior written consent of PosBytz. However, PosBytz may assign its rights or obligations under this Terms of Use without Your consent to (a) its affiliates, (b) other companies through transfer of assets by PosBytz, or (c) successor through merger, consolidation, acquisition, reorganization or other legal actions. Any assignment other than pursuant to the terms of this Section shall be null and void.

CUSTOMER SUPPORT

You may send a question or complaint with respect to the Service to our customer support department at support@posbytz.com.

PosBytz will verify the Customer’s data with the basis of the Customer’s data that is kept in PosBytz’s system. We are entitled to refuse to process a question and complaint You submitted in relation to the Service if the Your verified data does not conform to the Customer’s data stored in our system.