Terms and Conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Scantranx Retail POS Software (“Scantranx Retail POS Software”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the scantranx.com website and any of its products or services (collectively, “Website” or “Services”).

Account and Membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Use of Third Party Services

Scantranx makes use of third-party services and Scantranx is not (i) responsible for any loss, or damage that may occur based on how the other party handle data nor (ii) liable for any damage or loss caused or alleged to be caused by or in connection with any such Third-Party Services. “Third Party Services” means products, applications, services, software, networks, systems, directories, websites, databases, and information from third parties, including from payment payments.

Billing and Payments

You shall pay Scantranx (i) a monthly subscription fee based on your plan for the provision of the Services (“Monthly Fees”), and (ii) if applicable, an installment plan for the provision of hardware (“Hardware Fees”, together with the Monthly Fees, the “Fees”). The Fees shall be paid monthly/quarterly/annually, and all payments and Fees are non-refundable. Scantranx may at any time increase the rate of the monthly subscription fee(s). The Hardware Fees shall be billed in addition to the Monthly Fees for a period of twelve (12) months. In the event the you wishes to cancel the Hardware Fees and plan prior to the during the twelve (12) months, you must pay the balance of the Hardware Fees plus a non-refundable flat rate of $500. In the event you refuses to complete said payments, Scantranx has the right to pursue legal action against you and you shall be responsible for covering all attorney’s fees related thereto.

Service Uptime

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Disclaimer of Warranty

You understand that Scantranx is not responsible for any damage or harm that may occur by misusing any product, hardware, or software that Scantranx sells or offers. Scantranx will not be held responsible for any damage, liability, claim, or lawsuit related thereto. You acknowledges that there is no warranty on any software provided by Scantranx. The hardware provided by Scantranx are supplied with 1 (one) year manufacturer’s warranty, however, Scantranx does not provide any additional nor stand-alone warranty for any hardware or software product. You are responsible for determining what, if any, warranties are provided by the hardware manufacturer. Notwithstanding the foregoing, Scantranx will endeavour to support you with any hardware and/or software troubleshooting by providing reasonable and/or practical assistance or suggestions.

Data Backup

Scantranx perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Termination and Suspension

We may terminate or suspend the Service or any part of the Service, terminate or suspend or your use of the Service, block any IP address, or remove any of your User Content at any time without cause without any liability to you.

Applicable Law

You agree that any issues or disputes arising out of or in connection with this website, product or services (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

This document was last updated on April 18, 2023