POSMena Terms and Conditions
OVERVIEW
The following Terms and Conditions represent a legal agreement between you, as an existing or prospective customer of 3D Systems Co, and us, the creators of POSMena Software, an affiliate of 3D Systems Co, which includes all related entities/subsidiaries. This agreement outlines the terms of your use of POSMena Software services, inclusive of mobile applications, websites, software, hardware, and other offerings (collectively known as "Services").
By signing up and creating a POSMena Software account, visiting our website, and/or subscribing to one of our services, you agree to these Terms and Conditions, including any additional rules, regulations, and policies referenced herein. These Terms and Conditions are applicable to all users of the website, including, but not limited to, browsers, vendors, customers, merchants, and content contributors.
Please thoroughly read these Terms and Conditions prior to accessing or using our website. If you do not agree to all the terms and conditions laid out in this agreement, then you may not access the website or use any services.
Any new features or tools added to the current website will also fall under these Terms and Conditions. The most current version of the Terms and Conditions can be reviewed at any time on this page. We reserve the right to modify, change, or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the website following the posting of any changes indicates your acceptance of these changes.
By continuing to use POSMena Software’s Services, you agree to respect and be bound by these changes. If you do not accept any of the aforementioned changes, you must discontinue your use of the Services.
Account Registration
3D Systems Co provides POSMena, a comprehensive point-of-sale software that enables businesses like restaurants, cafes, food trucks, and retail shops (Customers) to manage, optimize, and scale their operations effectively. To utilize POSMena, you must create an account with us (a “POSMena Account”) and during this process, we will ask you for some information which may include, but is not limited to, your name and other personal details. You must provide accurate and comprehensive information in response to our questions, and it's vital that you keep this information current.
You are solely responsible for all activities that occur under your POSMena Account, including any actions undertaken by individuals to whom you have granted access to your account. We hold the right to modify the account type, suspend or terminate the POSMena Account of anyone who provides inaccurate, false, or incomplete information, or who fails to abide by the account registration requirements, in both online and offline sales processes.
3D Systems Co, at its sole discretion, may terminate or refuse to approve registrations for POSMena with or without cause or notice, other than any notice required by Applicable International Comparative Law. Currently, POSMena services are offered only to users residing in specific territories, to be defined as per your company's business regions.
Account Cancellation & Data Protection
3D Systems Co reserves the right to cancel or terminate any POSMena account that violates the Terms and Conditions or Privacy Policies of this agreement. In such circumstances, 3D Systems Co also reserves the right to retain any personal information of the offending customer in its database for a period of one month, beginning from the date of account termination.
However, if a customer decides to cancel or terminate their POSMena account of their own volition, 3D Systems Co will promptly disregard and remove any personal information pertaining to the said customer from its database.
Your use of POSMena indicates your consent to such data practices as described in the Privacy Policy and Terms & Conditions. By utilizing POSMena, you acknowledge and accept the potential risks, responsibilities, and conditions of our digital environment.
Confidentiality
Your access to and use of your account is solely yours to enjoy. It is your responsibility to ensure that your login credentials are kept confidential and secure at all times. 3D Systems Co will presume that any use of your login information to access the POSMena Software service is carried out by an authorized user. If you identify any unauthorized access or use of your account by an unknown individual, you agree to immediately notify 3D Systems Co by email at
info@3d-sys.com. Until we are informed of any potential breach, you will continue to bear the liability for all activity on your account. Following notification, 3D Systems Co will promptly undertake appropriate measures. It is important to understand that your security is our priority and we are committed to ensuring the integrity of our POSMena Software.
Data Privacy & Security
At 3D Systems Co, we deeply value the privacy and security of your personal data. Our Privacy Policy outlines the nature of personal data we collect from you, and how we use and protect it, in adherence with International Data Protection Regulations. We strongly recommend that you review our Privacy Policy meticulously, as it forms an integral part of these Terms and Conditions and provides significant insights into your rights and our responsibilities. The safeguarding of your information is a priority for us as we provide you with our POSMena Software services, and we are committed to upholding the highest standards of data privacy and security.
Permitted Activities
By accessing and using our POSMena Software services provided by 3D Systems Co, you agree to the following terms:
- You will not use the Services in any manner that violates Applicable International Law, these Terms and Conditions, or our Privacy Policy.
- You will ensure the data you upload or post in relation to the Services does not infringe upon anyone else's intellectual property rights, proprietary rights, or any other rights, and does not conflict with the law or infringe upon the rights of others.
- You will abstain from uploading, posting, or transmitting through the Services any content that contains harmful components, such as viruses, trojan horses, or any other detrimental elements.
- You will not provide false personal information, impersonate another individual, gather information about other users, or otherwise attempt to deceive others about your identity or the authenticity or accuracy of the data you transmit via the Services.
- You will not cause harm to, disable, disrupt, overburden, interfere with, or attempt unauthorized access to any part of our Services, computer systems, servers, networks, or another person's use and enjoyment of the Services.
- 3D Systems Co reserves the right to suspend or terminate your access to the Services at its sole discretion if it suspects or confirms any violation of these restrictions or other applicable policies or rules mentioned in these Terms and Conditions.
- You shall not republish, distribute, reproduce, copy, or collect any material (both online and offline content including designs, texts, ideas, images, or others) from 3D Systems Co without properly attributing to the Company.
- You shall not sell, rent, or sub-license any material from 3D Systems Co.
- Without prior written consent from 3D Systems Co, you shall not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.
User generated content
ContentCertain sections of our website provide an opportunity for users to post and exchange thoughts, ideas, and information. 3D Systems Co does not filter, edit, publish, or review comments prior to their appearance on the website. These comments do not represent the views and opinions of 3D Systems Co, its agents, or affiliates; rather, they reflect the views and opinions of the individual who posts them. As allowed by applicable international laws, 3D Systems Co shall not be held liable for any comments or for any liabilities, damages, or expenses caused and/or incurred as a result of any use of and/or posting of and/or appearance of the comments on this website.
3D Systems Co reserves the right to monitor all comments and to remove any which we consider inappropriate, offensive, or in breach of these Terms and Conditions.
By posting comments on our site, you warrant and agree to the following:
- You are entitled to post the comments on our website and possess all necessary licenses and consents to do so.
- The comments do not infringe upon any intellectual property right, including without limitation, copyright, patent, or trademark of any third party.
- The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which constitutes an invasion of privacy.
- The comments will not be used to solicit or promote business or custom, or to present commercial or unlawful activities.
- You hereby grant 3D Systems Co a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.
Subscription Terms and Customer Rights
Our retail software is available for subscription on both a monthly and yearly basis. By subscribing to our service, you agree to the following terms and conditions, which are in accordance with Saudi laws:
We are committed to providing a high-quality service. However, should you find our service unsatisfactory, you have the right to cancel your subscription within two weeks of the initial subscription date. A full refund will be provided for cancellations made within this period.
We reserve the right to modify or discontinue the service, and will provide you with adequate notice of any changes.
- You have the right to access and use the software and its features as described in your subscription plan.
- You have the right to data privacy and security, in compliance with Saudi laws.
- You have the right to customer support services during the subscription period.
- You have the right to cancel your subscription within two weeks of the initial subscription date and receive a full refund. Cancellations after this period will be subject to our standard cancellation policy.
- We reserve the right to terminate or suspend your subscription for any breach of these terms and conditions or misuse of the service.
Your privacy
Please read the
privacy policy.
Third-Party Content
Through your use of the POSMena Software Services, you may be presented with material provided by third parties that are not owned or controlled by us, including but not limited to, our partners, and other users of the Services. This may include links to websites or other resources, software, text, graphics, videos, images, or advertising content (collectively referred to as "Third-Party Content").
All Third-Party Content and the Services are protected by Intellectual Property laws. Unauthorized use of the Services and/or Third-Party Content may result in violation of copyright, trademark, and other laws. You have no rights pertaining to the Services or Third-Party Content in any shape or form, and you will not use, copy or display the Services or Third-Party Content except as permitted under these Terms and Conditions. No other use of the Services or Third-Party Content is allowed without prior written consent from 3D Systems Co. You must retain all copyright and other proprietary notices contained in the Services and Third-Party Content. You may not sell, transfer, assign, license, sublicense, or modify the Third-Party Content or reproduce, display, publicly perform, create derivative versions of, distribute, or otherwise use the Third-Party Content in any way for any public or commercial purpose, except as allowed under these Terms and Conditions. If you violate any part of these Terms and Conditions, your right to access and/or use the Third-Party Content and Services will automatically be terminated.
Precautions:
We do not guarantee the accuracy, integrity, or quality of any Third-Party Content, regardless of whether such products or services are designated as "certified," "validated," or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third party. We advise you to take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you do so entirely at your own risk. Under no circumstances will 3D Systems Co be liable for any Third-Party Content, including any liability for errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services.
Communications
Notices that 3D Systems Co provides to customers, excluding the notice of amendments to these Terms and Conditions, may be delivered in a variety of ways depending on the circumstances. For instance, we may choose to email or call the customer at the time specified and provided in the POSMena Software Services Agreement, or we may notify users via their dashboard or other sections on our website. When we post such notices, we place them in an appropriate area of the site. It is the responsibility of the customer to stay informed in this regard. The customer agrees to keep all Registration Data up-to-date, which can be accomplished by contacting info@3d-sys.com.
Subject to the Privacy Policy, if the customer sends 3D Systems Co, or posts about POSMena Software in any public area, any information, ideas, inventions, concepts, techniques, or know-how ("User Submissions"), for any purpose, including the development, manufacturing, and/or marketing of products or services incorporating such information, the customer acknowledges that 3D Systems Co can use the User Submissions without any limitations, acknowledgement, or compensation to you. Moreover, the customer waives any claim of ownership, compensation, or other rights they may have in relation to the User Submissions.
Closing your account
You have the ability to close your 3D Systems Co account at any point without cost. However, you will continue to be responsible for any pending purchases as well as any fees or other charges incurred prior to the closure. 3D Systems Co will not provide refunds for fees previously incurred through our POSMena Software once you close your account.
You may close your account by reaching out to us at support@3dsystems.com or directly through your POSMena Software console. Please refer to our "Account Cancellation & Data Protection" rules for more information about our practices in handling your personal data.
Under certain circumstances, we may not permit you to close your account, such as:
- If it is suspected to be an attempt to avoid an ongoing investigation;
- If there are ongoing or pending purchases or payment transactions;
- If you owe money to 3D Systems Co due to your use of the POSMena Software.
Disclaimer
To the maximum extent allowed by applicable international comparative law, 3D Systems Co disclaims all representations, warranties, and conditions relating to our POSMena Software and its use. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury;
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- Limit any of our or your liabilities in any way that is not permitted under applicable international comparative law;
- Exclude any of our or your liabilities that may not be excluded under applicable international comparative law.
The limitations and prohibitions of liability set forth in this section and elsewhere in this disclaimer: (a) are subject to the preceding points; and (b) govern all liabilities arising under this disclaimer, including those arising in contract, in tort, and for breach of statutory duty.
Provided that the POSMena Software and the information and services on it are offered free of charge, 3D Systems Co will not be liable for any loss or damage of any kind.
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