Terms and Conditions

Last updated: January 1st, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Agreement”) carefully. These Terms and Conditions constitute a legal agreement between you and QuickPOS Technologies Inc. (“QuickPOS”, “We”, “Us”, “Our”).

1. TERMS

By accessing the website located at https://www.quickpos.ca, installing or using our applications or software, or accessing any information, function, or service available or enabled by QuickPOS (each, a “Service” and collectively, the “Services”), you agree to accept and comply with these Terms. These Terms apply to all visitors, users, and others (“You”, “Your”) who access or use our Services. By accessing or using the Services, you agree to be bound by the Agreement, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws. You also agree to the collection, use, and disclosure of your personal information in accordance with QuickPOS’s Privacy Policy posted at https://www.quickpos.ca. If you disagree with any part of these Terms, you may not access the Services.

2. RULES AND PROHIBITIONS

By using the Services, you agree that:

(a) You will only use the Services for lawful purposes. You will not use the Services to send or store any unlawful material, engage in deceptive or fraudulent activities, or conduct that harms other Users, our employees, or our community.
(b) You will use the Services in compliance with all applicable laws, including those related to copyrights, trade secrets, intellectual property rights, and the rights of third parties, including privacy, personality, or publicity rights.
(c) You will only access the Services through means explicitly authorized by QuickPOS.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use the Services or any content accessed through the Services for any commercial purpose, including contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless QuickPOS has given you prior written permission to do so.

(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use.
(i) The information you provide when registering an account or communicating with us is accurate, and you will promptly notify us of any changes. You will also provide any proof of identity we may reasonably request.
(j) You will keep your account password and any identification credentials we provide secure and confidential, which allow access to the Services.
(k) You will use the Software and Services solely for your own use and will not directly or indirectly resell, license, or transfer the Software, Services, or content displayed by the Services to any third party.
(l) You will not use the Services in any way that could damage, disable, overburden, or impair any QuickPOS server or the networks connected to any QuickPOS server.
(m) You will not attempt to gain unauthorized access to the Services, any account, resource, computer system, or network connected to any QuickPOS server.
(n) You will not probe, scan, or test the vulnerability of any system or network, nor breach or circumvent any security or authentication measures QuickPOS uses to prevent or restrict access to the Services or the content therein.
(o) You will not deep-link to the QuickPOS website or access the QuickPOS website using any robot, spider, web crawler, extraction software, automated process, or device to scrape, copy, index, frame, or monitor any portion of the QuickPOS website or its content.
(p) You will not conduct any systematic retrieval of data or other content from the Services.
(q) You will not attempt to harm other Users, QuickPOS, or the Services in any way.
(r) You will report any errors, bugs, unauthorized access methods, or any breach of our intellectual property rights that you discover while using the Services.
(s) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
(t) You will not attempt to engage in any of the foregoing activities.

3. MERCHANTS

You understand and agree that QuickPOS provides Services that connect you with independent food service providers and other vendors offering products through the Services (“Merchants”). You acknowledge that QuickPOS neither prepares food nor offers delivery services and is not responsible or liable for the acts or omissions of any Merchants. QuickPOS is not the retailer of any products offered by Merchants, nor is it involved in the delivery business or acts as a common carrier. QuickPOS does not assess or guarantee the suitability, legality, or ability of any Merchants. You agree that QuickPOS is not responsible for the preparation or safety of the food provided by Merchants and does not verify their compliance with applicable laws or regulations. QuickPOS assumes no responsibility or liability for any acts or omissions by the Merchants.

4. COMMUNICATIONS

By creating an account through our Services, you electronically agree to receive communications from QuickPOS, the Merchants using the Services, or third parties providing services to QuickPOS or the Merchants. These communications may include, but are not limited to, emails, text messages, calls, and push notifications to the cellular telephone number you provided to QuickPOS. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of QuickPOS, its affiliates, and/or Merchants, including communications related to orders placed through your account. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account.

5. PAYMENT TERMS

(a) Prices. You understand that: (i) the prices for menu items displayed through the Services may differ from the prices offered or published by Merchants for the same items and/or from prices available on third-party websites, and such prices may not be the lowest available; (ii) QuickPOS has no obligation to itemize its costs, profits, or margins when displaying prices; and (iii) QuickPOS reserves the right to change prices at any time at its discretion. You are responsible for all transaction taxes, including goods and services/harmonized sales taxes, on the Services provided under this Agreement (except taxes based on QuickPOS’s income). Payments will be processed using the preferred payment method designated in your account.

(b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. QuickPOS is not obligated to provide refunds or credits but may do so at its sole discretion.

(c) Promotional Offers and Credits. QuickPOS, at its sole discretion, may offer promotions with different features and rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, transferred, or made available to the general public unless expressly permitted by QuickPOS; (iii) are subject to the specific terms QuickPOS establishes for the promotion; (iv) cannot be redeemed for cash or equivalent; and (v) are not valid after the expiration date specified in the offer or in QuickPOS’s Terms and Conditions for Promotional Offers and Credits. QuickPOS reserves the right to withhold or deduct credits or benefits obtained through a promotion if it determines that the redemption was in error, fraudulent, illegal, or violated the promotion terms or this Agreement. QuickPOS may offer credits that are valid for 6 months from the date of issuance unless prohibited by law. Upon expiration, credits will be removed from your account and cannot be redeemed or used toward any orders.

(d) Fees for Services. QuickPOS may change the fees for its Services as necessary, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees.

6. LINKS

Our Services may contain links to third-party websites or services that are not owned or controlled by QuickPOS. QuickPOS has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that QuickPOS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

7. DISCLAIMER

The materials on our website are provided “as is.” QuickPOS makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violations of rights. Furthermore, QuickPOS does not warrant or make any representations regarding the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or any sites linked to this site.

8. LIMITATIONS

In no event shall QuickPOS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising from the use or inability to use the materials on our website, even if QuickPOS or an authorized QuickPOS representative has been notified orally or in writing of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties or liability for consequential or incidental damages, these limitations may not apply to you.

If your non-identifiable data is used for research purposes, the limitation of liability and indemnity clauses in the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.

9. MODIFICATIONS

We reserve the right, at our sole discretion, to modify or replace these Terms or any policies related to the software or Services at any time, effective upon posting an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your acceptance of those changes.

10. CONTACT US

If you have any questions about these Terms, please contact us:

QuickPOS Technologies Inc.

Unit 5 – 100 West Beaver Creek Road, Richmond Hill, Ontario, Canada L4B2W7

Email: info@quickpos.caTelephone: 1-416-848-1989