In these Terms, "Quid Smart Vendor" means Quid's point of sale and inventory management products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including the Quid POS Android application ("App") and QuidPOS.com ("Website").
If you do not agree to any of these Terms, then you should not use Quid Smart Vendor. All rights not expressly granted to Users in these Terms are reserved by Quid.
We may change these Terms from time to time, and will endeavour to notify you of such changes via email or by displaying a message when you next use Quid Smart Vendor. If you continue to use Quid Smart Vendor, your use will be governed by the updated Terms.
From time to time, we may add, make changes to or remove altogether features or functionality of Quid Smart Vendor. If you're using the App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of Quid Smart Vendor at any time, and nothing in these Terms is to be taken as a guarantee that the App or any Quid Systems will always be available, either in its current form or at all, or that we will support, maintain or continue to offer Quid Smart Vendor, or the App or any version of them.
You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of Quid Smart Vendor.
You are entitled to cancel your account with Quid at any time. You may cancel your account by following the prompts when you are logged into your account through the App or the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).
If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are 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.
The fees charged for use of Quid Smart Vendor are set out on the Website ("Fees") and are subject to change. We will endeavour to notify you (by email or by displaying a message when you next use Quid Smart Vendor) at least 30 days before increasing the Fees. Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year's subscription for Quid Smart Vendor. Unless required by law, we will not provide refunds in connection with Quid Smart Vendor.
All Fees are exclusive of all taxes and you indemnify and hold Quid 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 may upgrade or downgrade your account at any time by following the prompts when you are logged into your account.
The upgrade or downgrade will become effective immediately. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then immediately charge your preferred payment method for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Quid does not accept any liability for the resulting loss of data, content, features or capacity.
Quid Smart Vendor is provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Quid Smart Vendor.
We do not warrant that: (a) Quid Smart Vendor will meet your specific requirements; (b) Quid Smart Vendor will be uninterrupted, timely, secure, or error-free; (c) Quid Smart Vendor will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through Quid Smart Vendor will meet your expectations; or (e) any errors in Quid Smart Vendor will be corrected.
You acknowledge that Quid Systems may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide Quid Smart Vendor. The acts and omissions of those third party suppliers may be outside of Quid's control, and Quid 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, Quid excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
To the maximum extent permitted by law, Quid Systems 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, use, data or other intangible losses (even if Quid has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorised access to, or alteration of, your communications or data; (d) statements or conduct of any third party regarding Quid Smart Vendor; or (e) any other matter relating to Quid Smart Vendor.
In any case, Quid System’s maximum aggregate liability under or in connection with these Terms or your use of Quid Smart Vendor is limited to the amount of Fees paid by you in the past 12 months.
You are responsible for all activity that results from use of Quid Smart Vendor through your account. You are responsible for maintaining the security of your account and password. Quid will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
You indemnify Quid Systems against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Quid may incur or suffer as a result of use of Quid Smart Vendor through your account or as a result of your failure to comply with these Terms.
You must not: (a) use Quid Smart Vendor in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of Quid Smart Vendor; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Quid Smart Vendor; (d) use Quid Smart Vendor in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from Quid Smart Vendor or our systems or attempt to decipher any transmissions to or from the servers running any of Quid Systems’ software; (f) disclose or distribute information relating to another User of Quid Smart Vendor to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.
You agree to use Quid Smart Vendor in a reasonable way. If we determine that your use of Quid Smart Vendor is not reasonable or that your use is causing degraded performance of Quid Smart Vendor for you or for other Users, we may impose limits on your use of Quid Smart Vendor. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
Limits on your use of Quid Smart Vendor may include (but are not limited to) the quantities and volumes of the following parameters, per retailer: (a) storage required to host and backup retailer data; (b) sales transactions per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) pageviews per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) outlets, registers, users, products and customers.
You agree that Quid Systems owns all of the intellectual property rights existing in Quid Smart Vendor. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use Quid's brand, branding or logos except with Quid's prior written consent.
You grant Quid a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by Quid through your use of Quid Smart Vendor, provided that we aggregate or anonymise that information or data before using it. Other than this right, Quid claims no intellectual property rights in relation to the information or content you input into Quid Smart Vendor.
You may provide us with comments, feedback or suggestions on Quid Smart Vendor, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
If we don't insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Quid Smart Vendor is provided for use in business, so you are not a consumer.
Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them.