Terms of Service

NOBLY POS - POINT OF SALE USER LICENSE AGREEMENT

READ THIS LICENSE CAREFULLY BEFORE LOADING ANY SOFTWARE FROM NOBLY POS – POINT OF SALE OR USING THE SOFTWARE OR SERVICES OF NOBLY POS – POINT OF SALE. BY LOADING THE NOBLY POS – POINT OF SALE SOFTWARE OR USING THE SERVICES OF NOBLY POS, LICENSEE ACCEPTS AND AGREES TO BECOME BOUND BY THE TERMS OF THIS LICENSE.

This User License Agreement (the “Agreement”) dated as of the date of acceptance by means of a click-through, is made by and among Global Retail Technology LTD (“Nobly POS”) and the entity designated by the registration data provided herewith (Licensee) and applies to Licensee’s use of software downloaded from Noblypos.com and the Apple Store © and Licensee’s use of services provided by Noblypos.com. You acknowledge that all copyright and other intellectual property rights in respect of Nobly POS and services and any variation thereof ( ‘the Services’) are vested with Global Retail Technology Limited incorporated under the Companies Act 2006 and registered in the United Kingdom with its registered office at 27 Gloucester Place, London, W1U 8HU, United Kingdom (Registration No. 08752427) and that no rights to use or deal with the Services or any part thereof are conferred on you or any of your employees, contractors or agents, save as specified in these terms.

NOBLY POS RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT BY PROVIDING NOTICE OF CHANGES ON THE NOBLY POS WEBSITE. LICENSEE AGREES TO PERIODICALLY INSPECT THE NOBLY POS WEBSITE TO STAY INFORMED ABOUT SUCH CHANGES. LICENSEE AGREES THAT LICENSEE’S CONTINUED USE OF THE NOBLY POS SERVICE AFTER SUCH CHANGES ARE ANNOUNCED CONSTITUTE ACCEPTANCE OF SUCH CHANGES. LICENSEE AGREES THAT THE SOFTWARE AND WEBSITE SERVICES ARE PROVIDED “AS IS.” ANY USE OF THE NOBLY POS SOFTWARE AND WEBSITE IS AT LICENSEE’S SOLE AND ABSOLUTE RISK. IN NO EVENT, WILL NOBLY POS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR THE NOBLY POS WEBSITE SERVICES, ERRORS IN OR LOSS OF ANY DATA, EVEN IF NOBLY POS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, NOBLYPOS IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR SERVICES, LOSS OF DATA, THE COSTS OF RECOVERING DATA, ANY CLAIMS BY THIRD PARTIES, OR FOR OTHER SIMILAR COSTS. NOBLY POS MAKES NO WARRANTY OF ANY KIND AS TO THE SUITABILITY OR ADEQUACY OF THE NOBLY POS SOFTWARE OR WEBSITE SERVICES FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LICENSEE ACKNOWLEDGES AND AGREES THAT SHARING OF ITS ACCOUNT INFORMATION, LOGIN INFORMATION OR PASSWORDS SHALL BE AT ITS SOLE AND ABSOLUTE RISK AND THAT NOBLY POS SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING.

Nobly POS shall retain the ownership of this copy of Nobly POS software and the documentation provided therewith (referred to as a single entity, or as components, as “the Licensed Software”) which is licensed on a non-exclusive basis for use under the following conditions.

Permitted Uses

Subject to the terms hereunder, all rights conferred by these terms are granted to you for use in your nominated business at one specified location and may not be assigned, sub-licensed or made available to any third party or used elsewhere without the prior written consent of Nobly POS. Said rights are granted to you on a non-exclusive basis and may be revoked and terminated in accordance with Nobly POS. No part of the Services may be copied or amended and may be used only on electronic devices which are compatible with the Services and listed on Nobly POS website.

Prohibited Uses/you Shall Not

(a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the Nobly POS website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without Nobly POS prior written approval, (e) resell, rent or otherwise provide access to the Nobly POS website services to a third party or (f) take any action in an attempt to obtain any other Nobly POS user’s data, cause malfunction, crash, tamper with or otherwise impair the NoblyPOS.com website and it services. Any rights not expressly granted hereunder are reserved by Nobly POS. No rights in the Nobly POS software or services are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.

The Consumer Protection (Distance Selling) Regulations 2000

YOU WARRANT THAT YOU ARE NOT A ‘CONSUMER’ AS DEFINED IN THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000.

Data

Licensee acknowledges and agrees to the terms of the Nobly POS privacy policy located Nobly POS website. Nobly POS agrees that as between Licensee and Nobly POS, Licensee’s data maintained by Licensee on the Nobly POS website belongs to Licensee. Licensee hereby grants permission to Nobly POS for Nobly POS to use the data solely for providing Licensee the Nobly POS account, improving and maintaining the Nobly POS website services and for analytical purposes in a manner where such data is aggregated with other user data and cannot be readily reverse engineered into personally identifiable information.

End Customer Personal Information

Licensee agrees that notwithstanding anything to the contrary herein, Licensee shall handle any personally identifiable information that it inputs into the Nobly POS system in the following manner: (i) in the event Licensee seeks to export such data, Licensee shall use a commercially reasonable contact management tool to provide an opt-out mechanism for anyone who has provided Licensee personally identifiable information that is stored on Nobly POS’s systems, (ii) Licensee agrees that Nobly POS can delete such data in the event the person whose data it is exercises the Nobly POS opt-out mechanism and (iii) any use of such data by Licensee shall comply with Nobly POS privacy policy. Licensee shall indemnify and hold harmless Nobly POS from any claim brought against Nobly POS alleging that personal information stored on Nobly POS was improperly used where such use was by Licensee while such information was stored on Nobly POS or any use after Licensee has exported such data.

Termination

Licensee may terminate this license at any time. Nobly POS, in its sole discretion, has the right to suspend or terminate this license and your account and refuse any and all current or future use of the Service for any reason at any time if you do not comply with this Agreement. LICENSEE MUST EXPORT THEIR ACCOUNT DATA PRIOR TO TERMINATION OF THE SERVICE. NOBLY POS SHALL NOT BE RESPONSIBLE FOR LICENSEE ACCOUNT DATA AFTER TERMINATION.

Credit Card Processing Terms and Conditions

Nobly POS currently does not support Credit Card Processing and the licensee ACKNOWLEDGES AND AGREES that using any form of Credit Card Processing is at its own risk.

Hardware - Refund/Exchange Policy

We offer a 30-day Money Back Guarantee on hardware items purchased via our online shop. The products must be returned undamaged and in original packaging. Please call customer service at +44 20 0333 0192 or email hello@noblypos.com in advance to obtain an RMA reference (Return Merchandise Authorisation) within 30 days of delivery. By placing an order through this business to business website you warrant that you are not a ‘consumer’ as defined in The Consumer Protection (Distance Selling) Regulations 2000.

Return merchandise with RMA reference to:

Global Retail Technology
27 Gloucester Place
W1U 8HU
London
United Kingdom
NOTE: Refunds sent with no RMA, or mailed to the distribution center will be returned to sender.
NOTE: Some returns may be required to be shipped to other UK destinations.

Order Cancellation Policy

Please submit any cancellation within 24 hours of placing your order via e-mail to hello@noblypos.com or call on our business phone at +44 20 0333 0192.
Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out.

Warranty Policy

Shipping Costs
Customer assumes all costs in shipping to us, and we assume the cost in shipping back to the customer. All replacement/repaired products are shipped via a 3-6 working day service unless a rush is requested. The cost of such a shipping upgrade is to be requested and paid by the customer prior to shipment.

90-Day Warranty
All products (unless specifically stated otherwise), carry an implied, industry-standard 90-Day warranty against defects due to manufacturing or failure. Warranty does not include any use of the product that does not fall into the designed use of the product as specified by the manufacturer.

One-Year Warranty
All parts (except refurbished items) come with a warranty against manufacturer defect or failure for a period of one year from the date of purchase. This warranty covers replacement or repair of the product, which is determined by availability, or vendor, and the time of purchase. Replacement is often used within 30 days after purchase with the same product or like product when direct replacement is unavailable. Repair is often necessary for items purchased more than 30 days prior.

Manufacturer Warranty

Manufacturers sometimes offer additional warranty for some of our products. Customers should contact the manufacturer after warranty expires.

Representation
The person assenting to this Merchant User License Agreement represents and warrants that it has the due right and power to enter into this Agreement, entering into this Agreement will not cause the breach of any agreement LicenseeShas with a third party and that all of the registration information provided to Nobly POS is accurate in all respects

Governing law and jurisdiction
These Terms shall be governed by United Kingdom Law and all Users submit to the exclusive jurisdiction of the United Kingdom courts for any matter or dispute arising in relation to these Terms.