Terms And Conditions.
(Rev 2 – 14th October 2021)
Please read these Terms and Conditions carefully before using this site and Software.
1. Terms And Conditions Of Supply
This page (together with our Privacy Policy, Terms Of Website Use, Refund Policy 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 https://goepos.com (“our site”) to you; and/or
1.2.
Provide you with access to your Account via the cloud based GoEpos Web Office (https://weboffice.goepos.com or any subdomain thereof), and the use of our GoEpos Till app (iOS, iPad only), GoEpos Display app (iOS, iPad & iPhone), GoEpos Sales app (iOS, iPad & iPhone), GoEpos Utilities app (iOS, iPad & iPhone), related services, and all 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 use our Apps and 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 use our apps and Software, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14th May 2019. These Terms, and any Contract between us, are only provided in the English language.
2. Information About Us
https://goepos.com and any subdomain thereof is a site operated by Go Epos Limited (“We”). We are a limited company, registered in England & Wales Company No: 07310312 and we have our registered office at: The Barn, Sewell Lane, Dunstable, Bedfordshire LU6 1RP United Kingdom. Our VAT number is GB 200 9841 32. You may contact us by telephoning 0333 772 0050 or by e-mailing us at help@goepos.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 Website Use, Privacy Policy, Cookie Policy and Refund 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 will amend these Terms from time to time without prior notice. Please look at the top of this page to see when these Terms were last updated.
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 Product order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order 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 in their original un-opened packaging that 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, should be obtained by downloading the Product brochure.
7.1.3.
The packaging of the Products may vary from that shown on images on our site.
7.1.4. Products are not provided on a trial basis.
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 telephone 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 the Products are dispatched.
7.3. Special Orders
7.3.1.
If the Products you wish to purchase are identified as “Out of Stock”, please contact us at help@goepos.com and we will notify you when the Products are available. We do not currently offer any special order facility.
7.4. Delivery
7.4.1.
We aim to deliver 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.
7.4.2.
If no one is available at your address to take delivery, our courier will leave you a note that the Products have been returned to their depot, in which case, please contact the courier to rearrange delivery.
7.4.3.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your full responsibility from that time.
7.4.4.
You own the Products once we have received payment in full, including all applicable delivery charges.
7.4.5.
We only deliver Products to within the United Kingdom (certain locations are excluded).
7.5. Prices
7.5.1.
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 7.5.5 for what happens if we discover an error in the price of Products you ordered.
7.5.2.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.5.3.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom 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.
7.5.4.
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.
7.5.5.
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 by email. 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.
7.6. Payment
7.6.1.
You can pay for Products ordered via our web shop on our site using a Mastercard or VISA credit card only. Products that have been ordered by telephone or from a quotation will be invoiced and full payment is due in advance via bank transfer (we do not accept credit/debit card payments or cheque payments for Products ordered by telephone or via quotation).
7.6.2.
Payment for the Products and all applicable delivery charges is in advance at time of order or invoice. No Products will be shipped or delivered until full payment has been received.
7.7. Cancellation
7.7.1.
Please submit any cancellation within 24 hours of placing your order via e-mail to help@goepos.com, or call our office on 0333 772 0050.
7.7.2.
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.
7.7.3.
All reasonable efforts will be made to accommodate the cancellation of your order, providing your order has not been dispatched.
8. Software
8.1. Free Trial
8.1.1.
You can enjoy a free trial of our GoEpos Till App and Software for a single sales location by signing up for an account (“your Account”), via our site, or through the GoEpos Till app (“our App”). A unique email address and password is required to create your Account. The email address you use to create your Account cannot be used to create any other Account or web office user.
8.1.2.
Currently our Apps can only be downloaded from the Apple store from within the United Kingdom, and must only be used and operated within the United Kingdom.
8.1.3.
On creation of your Account, you will have access to use our App and Software for a single sales location (sales location 0001) for free for up to 30 calendar days (a “Free Trial”).
8.1.4.
The Contract between us will be formed on creation of your Account.
8.1.5.
On creation of your Account, your Free Trial begins immediately.
8.1.6.
During the course of your Free Trial, when there are 7 days remaining, you will be notified each day via our App with the number of Free Trial days remaining reminding you to upgrade to a paid Subscription.
8.1.7.
Your Free Trial will come to an end after 30 calendar days. At the end of the Free Trial the use of our App will be blocked and your access to the Software will cease until you have upgraded to the required paid Subscriptions.
8.1.8.
You can Subscribe at any time during the Free Trial period, but any remaining Trial days will be forfeit.
8.1.9.
To operate the Layaway, Check Tracking and X & Z Report functions of our App during your Free Trial, requires an iPad device with our App installed and licensed as Master Till 1 operating on the network.
8.2. Demo Program
8.2.1.
On creation of your Account you will be required to select a demo program (the “Demo Program”) which can only be loaded during the Free Trial period.
8.2.2.
The Demo Program must not be used for any live business data and cannot be re-installed after the Free Trial period. The Demo Program must be deleted before you can Subscribe.
8.2.3.
When you exit the Demo Program, all demo data and history will be deleted including products, clerks, sales and stock. This is not reversable.
8.3. Subscription
8.3.1.
You can subscribe to our App and Software via your Account. The subscription page will allow you to create subscriptions with us for each sales location, which will allow you to use our App and the Software (a “Subscription”), see Clause 8.3.2.
8.3.2.
There are two types of Subscription for our App, (a “Master Till 1”) subscription and (a “Slave Tills”) Subscription. Master Till 1 and Slave Tills Subscriptions are paid individually on a per sales location basis.
8.3.3.
Our acceptance of your Subscription is confirmed on payment of the first Subscription Fee in accordance with Clause 8.5.2.
8.3.4.
Your Subscription will become active (allowing you to use our App for that Subscription) once the first Subscription Fee has been paid at which point your Free Trial will cease immediately and any remaining trial days will be forfeit.
8.3.5.
When the Free Trial has expired you will not be able to use our App or Software until you have the required active paid Subscriptions. For access to sales location data you must have an active paid Master Till 1 Subscription for that sales location.
8.3.6.
Paid Subscription fees are strictly non refundable. If you decide to cancel a Subscription or close your Account before the end of the Subscription period, you will not be entitled to any refund or part refund. Therefore, please cancel a Subscription before the next Subscription payment is due.
8.3.7.
Each iPad device used as a Till with our App installed and licensed as either Master Till 1 or a Slave Till can only be licensed and subscribed to the same Account that the iPad device was first licensed and subscribed to. You cannot license and subscribe the iPad device to a different Account.
8.3.8.
To operate the Layaway, Check Tracking and X & Z Report functions of our App in each sales location requires an iPad device with our App installed and licensed as Master Till 1 with a paid Master Till 1 Subscription for that sales location operating on the network.
8.4. Prices
8.4.1.
The applicable fees for the Master Till 1 and Slave Tills Subscriptions to your first sales location 0001 will be as quoted on our site at the time you quit and exit the demo program to input your live data for your Subscriptions (the “Subscription Fees”). The applicable Subscription Fees for additional sales locations will be as quoted on our site at the time you create that additional sales location.
8.4.2.
The Subscription Fees exclude VAT at the applicable current rate chargeable in the United Kingdom. However, if the rate of VAT changes, we will adjust the VAT you pay for each Subscription from that point onwards.
8.4.3.
Prices may change from time to time and we will not reduce your Subscription Fees if prices are reduced after you have activated a Subscription.
8.5. Payment
8.5.1.
You pay for your Subscriptions using recurring credit card payment (or otherwise agreed standing order payment method for Enterprise accounts). Please be aware that we use a third party company “Stripe” for credit card billing. If you would like further details about this company, then please contact us on help@goepos.com.
8.5.2.
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. Master Till 1 and Slave Tills Subscriptions Fees are charged for individually for each sales location.
8.5.3.
If your payment fails for a Subscription Fee on the due date for payment we will send you an automated “payment failure notification” via email. The Subscription will then enter into a 7 day Grace Period (the “Grace Period”) as detailed in Clause 8.6. The billing company will automatically attempt to take payment again in 3 days and if the second payment attempt fails, we will send you another automated “payment failure notification” via email and no further payment attempts will be made. You will then be required to make a manual overdue payment via your Account.
8.5.4.
If you fail to pay the Subscription Fee within 7 days of the due date for payment, your access to that unpaid Subscription will be blocked and you will not be able to use our App for that Subscription until the Subscription Fee has been paid.
8.5.5.
If the Subscription remains unpaid by the next due billing date, your Subscription will be cancelled.
8.5.6.
The payment date for each Subscription will fall due on the same date each calendar month as the date that you first started that Master Till 1 and Slave Tills Subscription, for example if you Subscribed to the Master Till 1 on the 3rd and Subscribed to the Slave Tills on the 12th the billing date of the Master Till 1 Subscription will be the 3rd of each calendar month and the billing date of the Slave Tills Subscription will be the 12th of each calendar month.
8.5.7.
At our sole discretion we may offer a yearly Subscription Fee for Enterprise Accounts payable by standing order.
8.6. Grace Period
8.6.1.
If your payment for the Subscription fails on the due date, the Subscription will enter into a 7 day Grace Period. An alert will be displayed on our App for that Subscription notifying the user the Subscription has now entered into the 7 day Grace Period. Each day the alert will continue to display the number of remaining days left of the Grace Period.
8.6.2.
If payment for the Subscription is not made before the Grace Period expires, the Subscription will be suspended until payment has been made.
8.7. Down Time
8.7.1.
All or part of your Subscription or 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 24 hours electronic notification of that down time.
8.8. Your Data
8.8.1.
When you start to use our App and the Software, our App and Software automatically stores your trading data, journal files, log files, and media files in the cloud, on servers that are maintained by us. When you exit the Demo Program and your Account is LIVE, your trading data, journal files and log files cannot be deleted, altered or reset. It is therefore very important to ensure when your account is LIVE that you use a Training Clerk to train your staff accordingly which will not effect your LIVE sales figures. However please note that all Training Clerk sales and operations are also recorded and cannot be deleted or reset when your Account is LIVE.
8.8.2.
All trading data, journal files, log files, and media files gathered through our App and Software that is stored on our servers is owned by you. Our App logs and uploads to the server every key press and operation performed in our App which is required for support of our App and your Account, and to help prevent any electronic sales suppression, and for you to monitor all clerk activity. The log and journal files cannot be disabled or deleted. At any time during your Subscription you can export certain data electronically using the GoEpos Web Office reports provided. To access your trading data for each sales location, you must have an active paid Master Till 1 Subscription for that sales location. You will not be granted access to any sales locations that does not have an active paid Master Till 1 Subscription.
8.8.3.
You grant us full access at any time without permission to your Account, all Account trading data, journal files, log files, and media files stored on our servers and our App which is required for our internal data analysis, and for us to provide you with support of your Account, our App and Software.
8.8.4.
We will retain your trading data for 30 days from the cancellation and closure of your Account. Upon request in writing if received within 30 days of cancellation and closure, we may grant you access to your Account for 7 days to export data electronically using the web office reports provided. If specific data is required that is not provided by the GoEpos Web Office reports, we may at our sole discretion be able provide the data for a reasonable administration fee.
8.8.5.
After the 30 day period, at our discretion we may delete and remove all your trading data, journal files, log files, and media files.
8.9. Cancellation
8.9.1.
You can cancel any Subscription by unsubscribing from it, or you can close your Account and cancel all Subscriptions at any time online by logging into your Account and go to the [6 Account Settings] > [1 Account Details] section and click the [Close My Account] button.
8.9.2.
By closing your Account, you will not be entitled to any refund(s) of the Subscription Fees paid, and all Subscriptions will cease immediately.
8.10. Licence
8.10.1.
During the term of your Subscription and/or Free Trial, we grant you a non-exclusive non-assignable licence to use our App and Software (the “Licence”).
8.10.2.
Use of our App and Software under the Licence shall:
8.10.2.1.
be restricted to use of our App and Software for your usual business purposes (which shall not include allowing the use of our App and Software by, or for the benefit of, any person other than your employees) and on the device(s) to which the Subscription relates; and
8.10.2.2. mean:
8.10.2.2.1. loading our App and Software into temporary memory or permanent storage on the relevant device(s) by downloading our App from the Apple App store; or
8.10.2.2.2.
accessing your GoEpos Web Office (hosted on our cloud servers) from any device using a web browser.
8.10.2.3.
the use of the Software hosted on our ‘cloud’ servers accessed from any device with a web browser.
8.10.3.
You may not use our App or Software other than as specified in Clause 8.10.2 without our prior written consent, and you acknowledge that additional fees may be payable on any change of use approved by us.
8.10.4.
Except as expressly stated in this Clause 8.10 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 our App or Software in whole or in part.
8.11. Optional Credit Card Integration
8.11.1.
Our App has the option to be integrated with a third party credit card terminal which can only be provided by our third party technology partner “Payment Express”, which is only configured to use the third party technology partner “First Data” as the acquirer unless otherwise agreed by us in writing. Payment Express and First Data terms and conditions and privacy policy will also apply.
8.11.2.
Each iPad Till running our App can only be connected with one specified credit card terminal. You cannot have more than one credit card terminal linked to the same Till running our App.
8.11.3.
The integrated credit card terminal can only be used for “pay-at-till” transactions and is not for use as “pay-at-table” service. Our App does not support any type of “Cash Back” functionality.
8.11.4.
Each integrated credit card terminal must be supplied by Payment Express. Our App will not interface with any other third party credit card terminal that has not been supplied and approved by Payment Express.
8.11.5.
At our sole discretion without notice, we may use an alternative third party acquirer with the Payment Express credit card terminals. That alternative third party acquirer’s terms and conditions and privacy policy will also apply.
8.12. Technical Requirements
8.12.1.
Our App requires a WIFI connection to the network (or you could use an Apple Lightning to LAN adapter) with internet access, and full access to ports 80, 443, 8080, 8083, 8084, 9100 and iOS Apple Bonjour which must not be blocked. Please refer to the PDF guides on our help page.
8.12.1.1.
Our App requires an internet connection to our cloud Server for the following:
– Upload the App sales data and log files.
– Download the Web Office programming data.
– Run the X and Z reports.
– View/Print the previous sales transactions and previous X & Z reports.
– Access to any Third Party software integrations.
8.12.1.2.
For the Layaway, Check Tracking and X/Z reports functions to operate on the static Slave Tills and/or hand held walk-about Slave Tills, they must have a WIFI connection to the same WIFI network as the Master Till 1, and the Master Till 1 App must be running in the foreground on the iPad.
8.12.1.3.
The use and operation of our App requires the iPad to have more than 5% battery power remaining if the iPad is being operated by battery power, otherwise it will require the iPad to be powered by the charger.
8.12.1.4.
The Master Till 1 must not be used as a hand held walk-about terminal.
8.12.2.
Our App only supports “Ethernet” based Receipt printers and Remote printers (Serial, Bluetooth and WIFI printers are not supported). Each printer requires a hard wired CAT5E – RJ45 network connection running back to your WIFI router (please refer to the PDF guides on our help page). Each printer should preferably be configured to use a Fixed IP Address and not use DHCP. *Our App only supports the following models of Apple iOS compatible Ethernet printers:
Bixolon Thermal B-Gate SRP-Q300HK (with the special GoEpos Limited firmware installed).
Bixolon Thermal SRP-Q300 Cube
Bixolon Thermal E300
Bixolon Thermal SRP-330II
Bixolon Thermal SRP-350PlusIII
Bixolon Dot Matrix SRP-275II and SRP-275III
Star Thermal TSP-143 LAN
Epson Thermal TM-T20
Epson Thermal TM-T70
Epson Thermal TM-T88III
Epson Thermal TM-T88IV
Epson Thermal TM-T88V
Epson Thermal TM-T88VI
Epson Dot Matrix TM-U220B
*If any of the above printer models become unsupported by the printer manufacturer for any current and/or future versions of iOS, we reserve the right to no longer support and interface to that model of printer in our App.
8.12.2.1.
Each Ethernet Receipt printer and Ethernet Remote printer must be connected to the same network as the iPad and the App, and there must not be any “Ping” issues on the network so that the printers can function and print correctly.
8.12.2.2.
The special Bixolon B-Gate SRP-Q300HK Ethernet Receipt printer cannot be used as a Receipt printer or Remote printer for any other iPad Till(s) or hand held walk-about iPad Till(s). Only the iPad Till it is connected to can use it as Receipt printer or Remote printer.
8.12.2.3.
For the Cash Drawer to operate with our App, it requires an Ethernet Receipt printer with a 24Volt RJ11 cash drawer connection (12Volt Cash Drawers are not supported). The Cash drawer is connected directly to the Ethernet Receipt printer via the 24Volt RJ11 wired connection. Our App does not support Serial, USB or Bluetooth Cash drawers. Please note the Ethernet Receipt printer must be functioning correctly for the Cash Drawer to open.
8.12.2.4.
Our App can support the following *USB devices:
– Magnetic Dallas Key Fob Reader (contact us for the exact model supported).
– Any 1D/2D Barcode Scanner (Hand Held or Counter Top) setup for standard keyboard wedge mode (contact us for the exact scan output format).
– Any 2 Line Customer Pole Display (Epson ESC/POS compatible displays are only supported).
*For the above USB devices to operate with our App, the iPad Till running the App will require the special Bixolon B-Gate SRP-Q300HK Ethernet Receipt printer which the USB device(s) will plug into. Our App does not support Bluetooth, Serial or Ethernet interfaces for any of the above devices.
8.12.3.
To access the GoEpos Web Office Software, your device requires an internet browser and an internet connection via ports 80, 443 and 8080.
8.12.4.
For the optional Third Party credit card integration with our App, this will depend on the Third Party integration solution partner being used. Our App will either use a cloud based internet connection to communicate with the card terminal, or our App will communicate directly to the card terminal via the internal WIFI network. The technical requirements, terms and conditions, and charges of the Third Party solution provider will apply. Our App does not support any type of “Cash Back” functionality.
8.12.4.1
The optional Loyalty integration with our App is provided by Yoyo Wallet Limited, and their terms and conditions and charges will apply. For the Yoyo Loyalty to function with our App, each iPad Till will require the special Bixolon B-Gate SRP-Q300HK Receipt printer and a USB 2D Barcode scanner to be able to scan the Yoyo QR codes.
8.12.5.
Technical specifications for this Clause 8.12 are subject to change at any time without prior notice.
8.13. Promotional Marketing
8.13.1.
You can “opt-out” from being contacted by telephone/email/post for any promotional marketing. However, we may still contact you where necessary by telephone/email/post for updates or support related issues with your Account, our App and Software.
9. Warranty
9.1.
Some of the Products we sell to you come with a manufacturer’s warranty. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty provided with the Products. Also see Clause 9.5.
9.2.
For Products which do not have a manufacturer’s warranty, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects, see Clause 9.6. However, this warranty does not apply in the circumstances described in Clause 9.3.
9.3.
The warranty in Clause 9.1 and 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, spillage, power surges, 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.
9.5.
Products with a manufacturers warranty are “Return To Base” at your cost unless agreed otherwise by us in writing.
9.6.
Products without a manufacturers warranty are “Return To Base” at your cost unless agreed otherwise by us in writing.
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. Telephone, email, FAQ and video support is only provided for our App and Software, it is not provided for any third party software.
10.2.
If you have an issue with our App, or Software, or Products which cannot be resolved using our remote support procedures or a software update, 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 invoiced 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 with our remote support procedures;
10.5.2.
not installed the latest version of our App
10.5.3.
not followed any advice and instructions given by us via the remote support procedures; or
10.5.4.
tampered with, altered or damaged the hardware on which our App and 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 England standard base rate and to de-activate all your Subscription(s) immediately and stop access to your Account and without notice, until such time as all sums due to us are paid in full.
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, our App 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 our App or Software, operating systems or hardware at your request;
10.7.3.
provide training to you;
10.7.4.
provide support for your untrained staff and users which is, in our reasonable opinion, excessive; or
10.7.5.
provide support for our App and software or products, other than the Products or our App and Software.
10.8.
We do not offer support for the setup and configuration of your iOS devices or Apple ID. You must consult the Apple support website accordingly.
10.9.
We do not offer support for any third party software such as Microsoft Windows, MAC OS, iOS and Android.
10.10.
We do not offer support for any third party hardware or Products not supplied by us such as Routers, WIFI Extenders, Access Points, Network Hubs & Switches, etc.
10.11.
Go Epos Limited provides Standard support via Telephone and email for our App, Software, and Products which is currently provided free of charge during our office hours of Monday to Friday 9:00am to 6:00pm GMT (we are closed on UK public and bank holidays). However, at our sole discretion, Telephone and email support may become chargeable in the future, or for Enterprise Accounts, or for any special third party software interfaces to our App or Software or Products.
10.12.
For us to provide you with support on your Account and our App and Software, you must provide us with your Account name and Account number. For billing and payment enquiries you must provide us with your Account name, Account number, Sales Location number, the last 4 digits of your Stripe Customer ID, and the last 4 digits of the registered payment card.
10.13.
Support for our App, Software, and Products is only provided to businesses based in the United Kingdom and is only provided in English.
10.14.
All support for the optional credit card integration is provided directly by the Third party integration solution partner and their terms and conditions for support will apply.
10.14.1
All support for the optional Yoyo Wallet Limited Loyalty integration is provided directly by Yoyo Wallet Limited and their terms and conditions for support will apply.
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 your cost, where we will assess the Products to see if the issue is covered by warranty in terms of Clause 9. Products must not be returned to us without first acquiring a Return Merchandise Authorisation number (an “RMA”), which is obtained by calling our support desk during office hours, and the RMA number must be clearly displayed on all the Products packaging. 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, choose to replace or to refund Products covered by warranty which cannot be repaired or where a repair is uneconomical.
11.2.
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 in writing. If you do not accept the quote in writing within 14 business days, or if you reject the quote, we will return the Products to you at your cost unrepaired.
11.3.
When sending Products to us they must be properly packaged and sent using an insured and tracked signed for courier service at your cost.
11.4.
The address to send your Products to will be provided to you with your RMA.
12. Our Liability
12.1.
We only supply the Products and give access to use our App and the Software for internal use by your business, and you agree not to use the Products or our App 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 any data, information, our App or Software;
12.3.3.
loss of opportunity;
12.3.4.
loss of anticipated savings, or bargain;
12.3.5.
loss or damage of goodwill; or
12.3.6.
any indirect or consequential loss, or damage (howsoever arising).
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 £5,000 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, our App and Software. 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, our App and Software are suitable for your purposes and business.
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.
You may terminate a Contract for any Subscription for any reason at any time online, in which case no refund of any paid Subscription Fees shall be due.
13.3.
We may terminate a Contract for any Subscription for any reason and at any time, giving 30 days notice in writing, in which case no refund of any paid 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 in their original un-opened packaging that 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, our App, 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 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 by e-mail or by letter sent pre-paid first class signed for delivery to our registered office address.
16.3.
A notice or other communication shall be deemed to have been received: if delivered by pre-paid first class signed for delivery to our registered office address, or on confirmation of receipt of e-mail.
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, and sent by first class signed for post, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.5.
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 post in writing if this happens.
17.2.
You may only transfer your rights or your obligations under these Terms to another person or business 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 England and Wales.
17.7.
We both irrevocably agree that the courts of England and Wales 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).
18. Trade Marks & Reproduction
We recognise all registered trademarks. All images are used with permission but as a result of reproduction colours and sizes may vary from the originals.