Terms and Conditions of supply

This page (together with our Privacy Policy, Terms of Use and Cookie Policy) tells you information about us and the legal terms and conditions ("Terms") on which we:

   1.1 sell any of the hardware products (the "Products") listed on our website ("our site") to you; and/or

   1.2 provide you with access to our intelligentpos software, related services and support (the "Software").

These Terms will apply to any contract between us for (i) the sale of Products to you, (ii) the provision of access to the Software or (iii) both (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You may wish to print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in Clause 6. Every time you wish to order Products or Software, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 10th July 2015.

These Terms, and any Contract between us, are only in the English language.

 

2 Information about us

www.intelligentpos.com is a site operated by Intelligent Point of Sale (Sales) Limited ("We"). We are a limited company, registered in Scotland under company number SC446117 and we have our registered office at Top-Floor Admiral House, 29-30 Maritime St, Edinburgh, City of Edinburgh Scotland EH6 6SE. Our VAT number is GB 156 8937 58.

You may contact us by telephoning our customer service team at 0800 404 5805 or by e-mailing us at support@intelligentpos.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see Clause 16.

3 Use of our site

Your use of our site is governed by our Terms of Use, Cookie Policy and Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4 Your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5 Entire agreement

   5.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and/or Software.

   5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

   5.3 You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

   5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

   5.5 You warrant that you are not a ‘consumer’ as defined in The Consumer Protection (Distance Selling) Regulations 2000 or any other applicable UK legislation.

6 Changes to these Terms

   6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

   6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

   6.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

      6.3.1 changes in relevant laws and regulatory requirements; and

      6.3.2 changes in the way our business operates.

   6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

7 Purchase of hardware

   7.1 Products

      7.1.1 The images of the Products on our site are for illustrative purposes only. Your Products may vary slightly from those images.

      7.1.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

      7.1.3 The packaging of the Products may vary from that shown on images on our site.

   7.2 Contract formation

      7.2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

      7.2.2 After you place an order, you will be taken to a confirmation screen, acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

      7.2.3 Just because the item you ordered is not identified as out-of-stock does not necessarily mean that it will be in stock when you order it. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. We first try to reply via e-mail and give you 3 days to reply. If we have not heard from you we will then try to call you at the numbers you provide with your order. Be sure to give us your current e-mail address and phone number.

      7.2.4 Our acceptance of your order is confirmed by the dispatch of the Products. The Contract between us will only be formed when we the Products are dispatched.

   7.3 Special orders

      7.3.1 If the Products you wish to purchase are identified as “Out of Stock”, we will special order the item for you and ship it as soon as we get it. Most special order items dispatch within two weeks.

   7.4 Pre-Orders

      7.4.1 From time to time we may list Products for sale on our site that have not been released by the manufacturer in order to allow our customers to pre-order those Products.

      7.4.2 Pre-orders are reserved with payment up front on a first come, first served basis.

      7.4.3 You may also request to be placed on a “notify list” and we will let you know when products are in stock and available for delivery. Be advised that prepaid orders always get priority for delivery.

   7.5 Delivery

      7.5.1 Except pre-orders and special orders (see Clauses 7.3 and 7.4) we will deliver the Products within 14 working days. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.

      7.5.2 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

      7.5.3  Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

      7.5.4 You own the Products once we have received payment in full, including all applicable delivery charges.

      7.5.5 We deliver to the countries listed on this page ("International Delivery Destinations"). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

      7.5.6 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

      7.5.7 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

      7.5.8 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

   7.6 Prices

      7.6.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 7.6.5 for what happens if we discover an error in the price of Products you ordered.

      7.6.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

      7.6.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

      7.6.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

      7.6.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

   7.7 Payment

      7.7.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Mastercard, VISA or VISA Debit.

      7.7.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

   7.8 Cancellation

      7.8.1 Please submit any cancellation within 24 hours of placing your order via e-mail to support@intelligentpos.com, or call on our business phone at 0800 404 5805.

      7.8.2 E-mail cancellations must contain the following: First name, last name, order number, and e-mail address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to cancelling your order.

      7.8.3  All reasonable efforts will be made to accommodate the cancellation of your order, providing your order has not been dispatched.

8 Software

   8.1 Subscription

      8.1.1 You can subscribe to our Software by signing up on our site or through our application ("our App"), which you can download from the Apple AppStore .

      8.1.2 Our sign up pages will guide you through the steps you need to create a subscription with us, which will allow you to access the Software (a "Subscription").

      8.1.3 Our sign up process allows you to check and amend any errors before creating your Subscription and to choose the level of Subscription you require. Please take the time to read and check your details at each page of the sign up process.

      8.1.4 You will be taken to a confirmation screen, acknowledging that you have created a Subscription.

      8.1.5 Our acceptance of your Subscription is confirmed on payment of the first Subscription Fee in accordance with Clause 8.3.3. The Contract between us will only be formed when the Subscription is so confirmed.

      8.1.6 Your Subscription will become active (allowing to access the Software) once the first Subscription Fee has been paid.

   8.2 Prices

      8.2.1 The applicable fees for the Subscription will be as quoted on our site at the time you finalise your Subscription (the "Subscription Fees").

      8.2.2 The Subscription Fees include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes, we will adjust the VAT you pay from that point onwards.

      8.2.3 Prices may change from time to time and we will not reduce your Subscription Fees if prices are reduced after you have activated your Subscription.

      8.2.4 If you wish to change the number of devices on which your Subscription can be used, we reserve the right to alter your recurring card payment or direct debit. We also reserve the right to alter the recurring payment amount if we discover that additional devices are in use and not being paid for. Unfortunately we are unable to provide confirmation of these changes.

   8.3 Payment

      8.3.1 You can pay for your Subscription using recurring card payments or via direct debit. Please be aware that we use third party companies for billing: Stripe for recurring card payments and Go Cardless for direct debits. If you would like further details about these companies, then please contact us on support@intelligentpos.com.

      8.3.2 You can set up a payment for your subscription using our billing portal at http://billing.intelligentpos.com/.

      8.3.3 The first Subscription Fee will be charged as soon as the payment method has been established and is payable in respect of the first month of your Subscription. Thereafter, Subscription Fees are payable monthly, in advance, and will be due on the anniversary of the first Subscription Fee being paid.

      8.3.4 If you fail to pay the Subscription Fee on the due date for payment we will send you an automated payment reminder.

      8.3.5 If you fail to pay the Subscription Fee within 7 days of the due date for payment we will block access to your Subscription.

      8.3.6 If you wish to change the number of devices on which your Subscription can be used, we reserve the right to alter your recurring card payment or direct debit. We also reserve the right to alter the recurring payment amount if we discover that additional devices are in use and not being paid for.

   8.4 Free trial

      8.4.1 You can enjoy a free trial of our Software by signing up on our site or through our App. 

      8.4.2 Our sign up pages will guide you through the steps you need to create a free trial with us, which will allow you to access the Software for a period of 14 days (a "Free Trial").

      8.4.3 You will be taken to a confirmation screen, acknowledging that you have created a Free Trial. Your Free Trial begins immediately.

      8.4.4 During the course of your Free Trial, you will be sent regular email reminders to upgrade to a paid Subscription.

      8.4.5 Your Free Trial will come to an end after 14 calendar days, unless you have upgraded to a Subscription. At the end of the Free Trial your access to the Software will cease.

   8.5 Down time

      8.5.1 All or part of your Subscription or a Free Trial may cease to be available during periods of necessary maintenance, repair or improvement. Wherever possible, we will use reasonable endeavours to give you not less than 48 hours electronic notification of that down time.

   8.6 Your data

      8.6.1 When you start to use the Software, the Software will automatically store your trading data in the cloud, on servers that we maintain.

      8.6.2 All trading data gathered through the Software and stored on our servers is owned by you. We will give you a full download of your data at any time during your Subscription, upon payment of a reasonable administration fee.

      8.6.3 We will use reasonable endeavours to retain your data for 7 days from the cancellation of your Subscription. During that period we will provide a download of your data, if requested to do so. After the 7 day period, your data will be removed from our servers and will be lost.

   8.7 Cancellation

      8.7.1 Please submit any cancellation via e-mail to support@intelligentpos.com, or call on our business phone at 0800 404 5805.

      8.7.2 E-mail cancellations must contain the following: First name, last name, and e-mail address. This information must be identical to the information originally submitted on your Subscription. Please provide contact information so that we may contact you if we have questions in regards to cancelling your Subscription.

      8.7.3 You will not be entitled to a refund of the Subscription Fees paid as at the date of cancellation but shall be entitled to use your Subscription until the next Subscription Fee is due to be paid.

   8.8 Licence

      8.8.1 During the term of your Subscription and/or Free Trial, we grant you a non-exclusive non-assignable licence to use the Software (the "Licence").

      8.8.2 Use of the Software under the Licence shall:

         8.8.2.1 be restricted to use of the Software for your usual business purposes (which shall not include allowing the use of the Software by, or for the benefit of, any person other than your employees) and on the device(s) to which the Subscription relates; and

         8.8.2.2 mean:

            8.8.2.2.1 loading the Software into temporary memory or permanent storage on the relevant device(s) by downloading the Software from the App store; or

            8.8.2.2.2 accessing your desktop (hosted on our cloud servers) from any device using a web browser.

         8.8.2.3 the use of the accessed from any device with a web browser and is hosted on our ‘cloud’ servers.

      8.8.3 You may not use the Software other than as specified in Clause 8.8.2 without our prior written consent, and you acknowledge that additional fees may be payable on any change of use approved by us.

      8.8.4 Except as expressly stated in this Clause 8 you have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part.

9 Warranty

   9.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

   9.2 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Clause 9.3.

   9.3 The warranty in Clause 9.2 does not apply to any defect in the Products arising from:

      9.3.1 fair wear and tear;

      9.3.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

      9.3.3 your failure to operate or use the Products in accordance with the user instructions; or

      9.3.4 any alteration or repair by you or by a third party who is not one of our authorised repairers.

   9.4 If you believe your Products are defective then please follow our support procedures, detailed at Clause 10.

10 Support

   10.1 In the first instance, any issues with either Products, Software or your Subscription should be raised using our remote support procedures. Full details of these procedures and how to contact us are available in the Support section of our site or through our App.

   10.2 If you have an issue with Software or Products which cannot be resolved using our remote support procedures, we may, at our sole discretion, decide that we need to visit your location to diagnose and/or remedy the issue (a "Call Out").

   10.3 There will be no fee for a Call Out except where the Call Out constitutes Excluded Support or where Clause 10.5 applies. Any reasonable expenses incurred by us in making a Call Out will be charged to you and invoice in terms of Clause 10.6.

   10.4 Where a Call Out or other support would constitute Excluded Support, before instructing any Call Out or support we will give you a quote, indicating the likely cost and applicable charges relating to that Call Out or support. We will instruct the Call Out or support only once you have accepted that quote in writing. 

   10.5 Notwithstanding Clause 10.3, our usual Call Out charges will apply and we will issue an invoice in terms of Clause 10.6 where a Call Out is made other than for Excluded Support and where, on arriving at your location, our technical staff find that you have:

      10.5.1 not co-operated our remote support procedures;

      10.5.2 not followed any advice and instructions given by us via the remote support procedures; or

      10.5.3 tampered with, altered or damaged the hardware on which the Software is used.

   10.6 All fees and expenses payable for Call Outs or Excluded Support will be invoiced within seven days of the Call Out or provision of Excluded Support. All invoices are payable within seven days of the date of the invoice. In the event of non-payment we reserve the right to charge interest on a daily basis on the outstanding amount at 5% above the Bank of Scotland standard base rate and to de-activate your Subscription immediately and without notice until such time as all sums due to us are paid.

   10.7 For the purposes of these Terms, "Excluded Support" shall mean any support provided or Call Out made to:

      10.7.1 remedy issues caused by:

         10.7.1.1 negligence, abuse, malicious or wilful damage;

         10.7.1.2 accidental damage;

         10.7.1.3 fire, flood, earthquake, lightning strikes, acts of third parties, riots, acts of God, or any other extraordinary cause;

         10.7.1.4 damage caused by an unauthorised attempt to effect repair or maintenance of the Products or Software;

         10.7.1.5 data generated by you; or

         10.7.1.6 you having made changes to the system, which have not been validated by us;

      10.7.2 install or upgrade the Software, operating systems or hardware at your request;

      10.7.3 provide training to you;

      10.7.4 provide support for your untrained users which is, in our reasonable opinion, excessive; or

      10.7.5 provide support for software or products other than the Products or the Software.

11 Repair of Products

   11.1 If you have an issue with Products which cannot be resolved using our remote support procedures, we may ask you to return the hardware to us at Top-Floor Admiral House, 29-30 Maritime St, Edinburgh, City of Edinburgh Scotland EH6 6SE where we will assess the Products to see if the issue is covered by warranty in terms of Clause 9. Please do not return any Products to us without us first having If the defect is covered by warranty, we will repair the Products and return them to you at our cost. In some instances we may, at our sole discretion, chose to replace or to refund Products covered by warranty which cannot be repaired or where a repair is uneconomical.

   11.1 If the defect is not covered by warranty, we will give you a quote for repairing the Products and returning them to you. We will only go ahead if you accept that quote. If you do not accept the quote with 14 business days, or if you reject the quote, we will return the Products to you.

12 Our liability

   12.1 We only supply the Products and give access to the Software for internal use by your business, and you agree not to use the Products or Software for any resale purposes.

   12.2 Nothing in these Terms limits or excludes our liability for:

      12.2.1 death or personal injury caused by our negligence;

      12.2.2 fraud or fraudulent misrepresentation;

      12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

      12.2.4 defective products under the Consumer Protection Act 1987.

   12.3 Subject to Clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, delict, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

      12.3.1 any loss of profits, sales, business, or revenue;

      12.3.2 loss or corruption of data, information or software;

      12.3.3 loss of business opportunity;

      12.3.4 loss of anticipated savings;

      12.3.5 loss of goodwill; or

      12.3.6 any indirect or consequential loss.

   12.4 Subject to Clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict or tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000 in the aggregate.

   12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

13 Termination

   13.1 We will be entitled to terminate our Contract with you immediately in the following events:

      13.1.1 any breach by you or by persons for whom you are responsible in law of these Terms;

      13.1.2 your failure to pay any sum due within seven days of the due date for payment;

      13.1.3 you becoming insolvent or bankrupt or suffering the appointment of a trustee in bankruptcy, or an administrator, receiver or liquidator; or

      13.1.4  any statement made in any application for use of the Services or any part thereof being in our opinion incorrect or misleading.

   13.2 Either you or us may terminate a Contract for a Subscription for any reason on 30 days notice in writing to the other in which case no refund of any Subscription Fees shall be due.

14 Events outside our control

   14.1 In these terms an "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

   14.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

   14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

      14.3.1 we will contact you as soon as reasonably possible to notify you; and

      14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

   14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

15 Intellectual property and confidentiality

   15.1 All copyright and other intellectual property rights in or arising out of or in connection with the Products, the Software or our site are owned by us.

   15.2 You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents or subcontractors, and any other confidential information concerning our business, products and services which the you may obtain. You shall only disclose such confidential information to those of your employees, agents and subcontractors who need to know it for the purpose of discharging your obligations under the Contract and these Terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this Clause as though they were a party to the Contract and to these Terms.

   15.3 You may also disclose such of our confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

16 Communications between us

   16.1 When we refer, in these Terms, to "in writing", this will include e-mail or other written electronic or online communication method.

   16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

   16.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, on the Business Day of transmission.

   16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

1   6.5 The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

17 Other terms

   17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

   17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

   17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

   17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

   17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

   17.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.

   17.7 We both irrevocably agree that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

 

 

 

 

Privacy Policy

 

 

 

 

 

Intelligent Point of Sale (Sales) Limited ("We") are committed to protecting and respecting your privacy. For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is Intelligent Point of Sale Limited of Top-Floor Admiral House, 29-30 Maritime St, Edinburgh, City of Edinburgh Scotland EH6 6SE

This privacy policy (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.intelligentpos.com ("our site") you are accepting and consenting to the practices described in this policy.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore, the way our Site processes, stores and protects user data and information will also be detailed within this policy.

1 Information we collect

We may collect and process the following data about you:

   1.1 Information you give us

You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information.

   1.2 Information we collect about you

With regard to each of your visits to our site we may automatically collect the following information:

      1.2.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

      1.2.2 information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

2 Uses of information

We use information held about you in the following ways:

   2.1 Information you give to us

This information will be used:

      2.1.1 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

      2.1.2 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

      2.1.3 to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email us at support@intelligentpos.com.

      2.1.4 to notify you about changes to our service; or

      2.1.5 to ensure that content from our site is presented in the most effective manner for you and for your computer.

   2.2 Information we collect about you

This information will be used:

      2.2.1 to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

      2.2.2 to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

      2.2.3 to allow you to participate in interactive features of our service, when you choose to do so;

      2.2.4 as part of our efforts to keep our site safe and secure;

      2.2.5 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; or

      2.2.6 to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

   2.3 Information we receive from other sources

This information will be used, combined with information you give to us and information we collect about you, for the purposes set out above (depending on the types of information we receive). Disclosure of your information

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

   2.4 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.

   2.5 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

   2.6 Analytics and search engine providers that assist us in the improvement and optimisation of our site.

   2.7 Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We may disclose your personal information to third parties:

   2.8 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

   2.9 If Intelligent Point of Sale (Sales) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

   2.10 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Terms and Conditions of Supply and other agreements; or to protect the rights, property, or safety of Intelligent Point of Sale (Sales) Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

3 Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by contacting us at support@intelligentpos.com.

4 Storage of your information

Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted .  Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5 Cookies

Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

6 External links

Our site may contain links to and from external websites. Although our site only looks to include quality, safe and relevant external links users should always adopt a policy of caution before clicking any external web links mentioned throughout our site.

Some links on our site are links to websites operated by our advertising partners. Clicking on any such adverts will send you to the linked website through a referral program which may use cookies and which will track the number of referrals sent from our site. Users should therefore note that they click on sponsored external links at their own risk and that we cannot be held liable for any damages or implications caused by visiting any external links mentioned.

7 Social media platforms

Any communication, engagement and actions made by you through external social media platforms on which our site and/or Intelligent Point of Sale (Sales) Limited participate are subject to the terms and conditions and privacy policies of those social media platforms.

Users are advised to use social media platforms wisely and with due care and caution in regard to their own privacy and personal details. Our site will never ask for personal or sensitive information through social media platforms and we encourage users wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.

Our site may use social sharing buttons which helps share content directly from websites to a social media platform. Users are advised before using such social sharing buttons that they do so at their own discretion. Users should be aware that the social media platform may track and save your request to share a website through your social media platform account.

8 Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

9 Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@intelligentpos.com.

 

 

 

 

 

Terms of Website Use

 

 

 

 

 

These terms of use (together with the documents referred to) tells you the terms on which you may make use of our website www.intelligentpos.com ("our site"), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

1 Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

   1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

   1.2 Our Cookie Policy, which sets out information about the cookies on our site.

   1.3 If you purchase goods from our site, our Terms and Conditions will apply to the sales.

2 Information about us

www.intelligentpos.com is a site operated by Intelligent Point of Sale (Sales) Limited ("We"). We are a limited company, registered in Scotland under company number SC446117 and we have our registered office at Top-Floor Admiral House, 29-30 Maritime St, Edinburgh, City of Edinburgh Scotland EH6 6SE. Our VAT number is GB 156 8937 58.

3 Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

4 Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

5 Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed at people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

6 Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at.

7 Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8 No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

9 Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, delict or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

   9.1 use of, or inability to use, our site;

   9.2 use of or reliance on any content displayed on our site;

   9.3 loss of profits, sales, business, or revenue;

   9.4 business interruption;

   9.5 loss of anticipated savings;

   9.6 loss of business opportunity, goodwill or reputation; or

   9.7 any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.

10 Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11 Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact support@intelligentpos.com.

12 Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

13 Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scots law. You and we both agree to that the Scottish courts will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the Scottish courts.

14 Contact us

To contact us, please email support@intelligentpos.com.

Thank you for visiting our site.