Terms & Conditions

FirstChoice ePOS Terms and Conditions

These Terms & Conditions set out the terms and conditions on which you will be bound if you purchase products and/or services from First Choice ePOS. Please read them carefully as they will govern your relationship with us.

  1. Definitions

 

  • “API” (Application Programming Interface) herein refers to the software set of functions and procedures that allow the creation of third-party applications, which access the features or data of FirstChoice Epos’s Servers and/or Equipment or Goods.
  • “Customer” herein refers to the end user of FirstChoice ePOS hardware, software, API’s, software or services, where FirstChoice ePOS have a contractual relationship, and who may make use of FirstChoice ePOS supplied software, API’s, Hardware, third party software, or store their own data on FirstChoice ePOS controlled servers or cloud based systems.
  • “Conditions” and /or “Terms”, means the terms and conditions of sale or business set out in this document and if applicable, any special varied terms and conditions agreed in writing by a Director of FirstChoice ePOS.
  • “End User License Agreement” is the contract between FirstChoice ePOS and the Customer establishing the Customers right to use of the software.
  • “EPOS” means ‘electronic point of sale’.
  • “FirstChoice ePOS” herein refers to FirstChoice ePOS Ltd, a company limited by shares registered in Ireland (company no. 665404). Its registered address is 36 Fitzwilliam Square, Dublin 2, Ireland. Telephone: + 353 1 652 3082 Email: info@firstchoiceepos.ie. It also refers to POSINABOX a trading brand and style?
  • GDPR and Data Protection Laws: means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the General Data Protection Regulation 2016/679 (GDPR) from 25 May 2018 and laws implementing or supplementing the GDPR, and to the extent applicable, the data protection or privacy laws of any other country. ‘Personal Data’ shall have the meaning defined by the applicable Data Protection Laws
  • “Goods” means those Products, Equipment, System/s, Software, Support or Services supplied.
  • “Hardware” includes but is not limited to crash drawers, receipt printers, touch screens and peripherals.
  • “Product Maintenance” includes making changes to menu items and price changes.
  • “Professional Services” means all projects that are scoped out under the name ‘Professional Services’ in an Order or Statement of Works.
  • “Software” means the Software provided by FirstChoice ePOS to the Customer

 

  1. Parties to the Contract

 

  • “Customer” is the person(s) or company who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods does the Company accept. The Customer is responsible for reading and agreeing our terms and conditions, as they will form the basis of the contract of purchase, support and all or any services supplied.
  • “Company” is FirstChoice ePOS Limited. FirstChoice ePOS Limited and its assignees are responsible for providing equipment and services that meets the agreements within the terms and conditions. The registered office is FirstChoice ePOS Ltd, 36 Fitzwilliam Square, Dublin 2, Ireland. The Company registration number is: 665404.

 

  1. Choosing Products/Service

 

  • It is the responsibility of the Customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
  • The Company shall provide information about its products and service via the website www.firstchoiceepos.ie to help inform the basis of the purchase.
  • A customer choosing a product and/or service from FirstChoice ePOS is doing so based on ‘deemed acceptance’ of these terms and conditions and is automatically subject to them.
  • If requested by the Customer, FirstChoice ePOS may provide a demonstration of the software free of charge to help inform the Customer of the purchase.
  • FirstChoice ePOS will provide a written quotation on request. Any quotation is a guideline only (errors and omissions accepted) and does not (unless specifically stated by a company Director) form the basis of any contract between the Customer and the Company.
  • Any advice or recommendation given by the Company, or its employees, or agents, to the Customer, or its employees, or agents, as to the storage, application or use of the Goods, which is not confirmed in writing by the Company, is followed or acted upon at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice, or recommendation, which is not so confirmed.
  • Any typographical, clerical, or other error, or omission, in any sales literature, quotation, price list, acceptance of offer, invoice, website, or other document, or information, issued by the Company, shall be subject to correction, without any liability on the part of the Company.

 

  1. Purchasing Products/Service

 

  • These Terms and Conditions are available on our website – firstchoiceepos.ie.
  • It is the Customer’s responsibility to read and agree to the terms and conditions prior to making payment.
  • A customer doing business with FirstChoice ePOS is doing so based on ‘deemed acceptance’ of these terms and automatically subject to them.
  • All product pricing is provided in ‘good faith’. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the Customer will be advised by FirstChoice ePOS employees, representatives and/or in FirstChoice ePOS sales literature or via our website.
  • All prices by FirstChoice ePOS quotes are ex VAT. Where VAT should be paid, this will be added on the invoice before payment is received.
  • Once a payment is received the contract between FirstChoice ePOS and the Customer is in force based on these Term and Conditions.

 

  1. Internet

 

  • FirstChoice ePOS hardware and software requires a reliable and robust connection to the Internet to take advantage of all of the online features and benefits.
  • It is the Customer’s responsibility to ensure that they have an appropriate Internet connection in place prior to installation and to also ensure that the Internet connection is maintained correctly. Whilst FirstChoice ePOS employees may provide advice and an indication of the suitability of the Customer’s Internet connection, it remains the Customer’s responsibility to ensure they have a suitable Internet connection, both before and after an order is placed.
  • FirstChoice ePOS recommended Internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed to support up to four till devices for each installation. Larger locations/installations will need higher internet speeds as appropriate to the size of installation and business. Internet speeds and consistencies can be checked by using Internet speed test websites or contact your Internet service provider.
  • FirstChoice ePOS cannot be responsible for any slow or unstable internet connection or responses to our systems that is caused by poor Internet connection.

 

  1. Hardware / Hardware Warranty

 

  • FirstChoice ePOS will only support Hardware that it supplies.
  • FirstChoice ePOS will not be responsible for the configuration of third party Routers, WiFi access points or card machines not supplied by FirstChoice ePOS.
  • FirstChoice ePOS will not be responsible for internet, broadband, telephone lines or WiFi issues the Customer may encounter and which impact of the FirstChoice ePOS’s System.
  • The Customer must keep the Hardeware in the environmental conditions recommended by the manufacturer and ensure that the external surfaces, cables and fittings of the Equipment are kept clean and in good condition.
  • The Customer will ensure that the Hardware is only used by trained staff in accordance with the manufacturer’s or FirstChoice ePOS ‘s user instructions.
  • The Customer must tell FirstChoice ePOS in writing immediately that the Hardware or any part of it is changed.
  • The Customer will notify FirstChoice ePOS of change in the location of any part of the Hardware. Whilst any Hardware is being moved, all FirstChoice ePOS ‘s obligations to provide Support will be suspended. Support will be reinstated following re-installation of the Equipment provided that the Equipment has not been damaged or affected during the move. If the Equipment has been damaged or affected during the move, FirstChoice ePOS shall have the option to inspect such Equipment at the current chargeable rates payable by the Customer.
  • The Customer will ensure that only personnel authorised by FirstChoice ePOS adjust, modify, configure, maintain, repair, replace or remove any part of the Hardware.
  • The Customer is solely responsible for any connection charges, line rental charges and call charges in relation to any Hardware.

 

 

  1. Software as a Service

 

  • The Customer agrees that the Software supplied by FirstChoice ePOS will be supplied on the basis of a Software as a Service contract (“SAAS”).
  • FirstChoice ePOS will charge a €200 fee to supply Software on any device not supplied by FirstChoice ePOS.
  • The Customer agrees to make Software as a Service payments for a minimum of 18 months and to continue to make Software as a Service payments while continuing to use the software installed on devices.
  • The Customer undertakes to put and keep in place adequate security measures to protect the Equipment and any other software or data from viruses, harmful code or unauthorised access. FirstChoice ePOS shall not be responsible for any unauthorised access by means of hacking, any unauthorised access with intent to commit or facilitate the commission of an offence or any unauthorised modification by a third party.
  • Whilst every effort is made to maintain a remote access link, FirstChoice ePOS will not be liable for any loss suffered by the Customer if for any reason the remote access link is unavailable or interrupted for any period of time.
  1. Warranties
    • FirstChoice ePOS Hardware is warranted against manufacturing defect for the period of twelve months from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
    • The twelve month warranty shall only cover hardware inspected by the manufacturer.
    • An extended Hardware warranty of 12 months may be made available, at a cost, following an onsite Hardware inspection by FirstChoice ePOS.
    • Exclusions from this Warranty
      • Any “third-party hardware” is not covered by a warranty from FirstChoice ePOS (ie any hardware not supplied by FirstChoice ePOS).
      • The warranty does not apply to any power supplies, network cables or printer cables.
      • The warranty does not apply to the Software and Customer induced damages or circumstances, such as but not limited to:
        • The product has been tampered with, repaired and/or modified by non-

authorised personnel;

  • Seals have been broken or altered;
  • Obsolescence;
  • Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear, gradual deterioration;
  • Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges/spikes;
  • Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices;
  • Damage to the product through neglect to protect the hardware from viruses;
  • Damage to the product caused by an external electrical fault or any

accident;

  • Fraud, theft unexplained disappearance or willful acts;
  • Liquid/fluid damage or contamination of any kind;
  • Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than FirstChoice ePOS software.
  • Covering a Product Under Warranty
    • If a Customer believes their Product to have fault that is covered by their warranty, it must report the issue to FirstChoice ePOS within the warranty period and at its own expense return the item to FirstChoice ePOS.
    • Within 28 days of receiving the goods FirstChoice ePOS will examine the device and if covered by the warranty, and at FirstChoice ePOS’s discretion, either:
      • Replace the product with one of similar performance and capabilities
      • If a device fails outside of the first 30 days of original purchase, FirstChoice

ePOS retains the right to replace or repair the product with refurbished or remanufactured parts.

  • Repair and return the product
  • Out of Warranty products
    • If FirstChoice ePOS determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
    • The Customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
  • Replacement products
    • Where FirstChoice ePOS replaces or repairs a product under warranty, or as a chargeable out of warranty service, the repaired or replacement product inherits the remaining days of warranty from the original product.
    • If the original product has less than 30 calendar days of warranty remaining the replacement or repaired product will receive a warranty of 30 calendar days.
  • Dead on arrival
    • If a new device fails within the first 30 days of original purchase, and is covered by a warranty, FirstChoice ePOS will replace the device with another new product, at FirstChoice ePOS’s expense.
  1. Installation and Training
    • An installation date and time will be agreed between the Customer and FirstChoice ePOS. Should installation not take place, it will be rearranged by FirstChoice ePOS and the installation date will be at the discretion of FirstChoice ePOS.
    • Where time specific and/or on-site delivery and/or with installation and/or with training has been agreed, it is the customers responsibility to ensure FirstChoice ePOS time and costs are not wasted, disrupted or aborted without at least 48 hours advance notice. Any cancellation or change notice must be acknowledged and accepted in writing by FirstChoice ePOS.
    • The Customer will confirm that broadband connection is installed on site and the ePOS system can be connected via WIFI or Cable, whichever is deemed required by FirstChoice ePOS.
    • All cabling as required by FirstChoice ePOS must be confirmed by the Customer prior to installation.
    • If the disruption is caused by events outside the Customers control, then the customer has to make a claim on their own business insurance. Either way the Customer holds FirstChoice ePOS harmless to any impact whatsoever which disrupts prior agreed works.
    • Product Maintenance training will be provided on installation. The Customer must ensure end user training personnel need to be available and not distracted by other duties or pressures therefore creating a suitable environment to learn.
    • The Customer will also ensure that a member of its management team is present to show that training on both POS and Back-Office levels have been provided.
    • Within 48 hours of the System being installed, unless otherwise agreed, the Customer shall confirm that all programming/setup is satisfactory or whether any additional programming is required.
  2. Fees/Payments
    • Hardware:
      • The Customer agrees to make a minimum of 18 months SAAS Payments. Should the Customer wish to cancel within the initial 18 month period the remainder of monthly payments left will be consolidated and paid for in full. Hardware must be paid for in full prior to installation unless otherwise agreed.
    • Software as a Service:

 

  • The agreed monthly Software as a Service payment (SAAS) shall be paid by Direct Debit or Standing Order only.
  • FirstChoice ePOS will issue a monthly invoice for SAAS payment on the 16th of each calendar month to the e-mail address provided by the Customer.
  • If the monthly Software as a Service payment is not received by the 20th of each calendar month the POS terminal and any related devices will automatically enter into lockdown mode.
  • Should a payment not be made by the 20th of each month, a €25 administration charge will be applied and payment in full must be received before FirstChoice ePOS will reactivate the ePOS System.
  • If the Customer wishes to cancel their Software as a Service mid-way through the initial eighteen month period, it will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by the monthly payment.
  • The Customer is responsible for the cost of Software and/or Firmware upgrades which the Customer may request.

 

  • Additional Support and Charges / Professional Services

 

  • The Customer will provide FirstChoice ePOS with such information and assistance concerning the Equipment, its application, use, location and environment as FirstChoice ePOS may reasonably require, to enable FirstChoice ePOS to carry out Support.
  • The Customer will notify FirstChoice ePOS if there is any failure of the Equipment and will allow FirstChoice ePOS full and free access to the Equipment, documentation, software, materials and services necessary for the provision of the Support Maintenance.
  • The Customer will ensure that relevant trained and experienced staff is available when required to provide FirstChoice ePOS with information required to diagnose and/or repair the Equipment.
  • Where FirstChoice ePOS provides remote diagnostic services in respect of the Equipment, the Customer will put and keep in place a remote access link to the Equipment, which is acceptable to FirstChoice ePOS.
  • The Customer hereby agrees that FirstChoice ePOS shall have the right at any time to access the Customer’s Equipment remotely solely for the purpose of providing Support. The Customer acknowledges and agrees that (solely for the purposes of providing support), such remote diagnostic services may be undertaken at times where the Customer is unavailable (for example, outside the Customer’s working hours) and FirstChoice ePOS shall have the right to perform any diagnostic and maintenance services.
  • All Customer general support enquiries and requests should be e-mailed to FirstChoice ePOS at support@firstchoiceepos.ie.
  • The Customer will provide FirstChoice ePOS with an e-mail address that is currently in use and actively managed.
  • Regarding additional services in general, FirstChoice ePOS will request advance payment on account, prior to offering support and service on a ‘time and materials’ basis at the terms quoted to the Customer at that time – in advance.
  • Requests for additional programming must be supplied to FirstChoice ePOS at least 2 days in advance of being required.
  • Product Maintenance (eg menu items and price changes) are separate and in addition to the monthly fee and will be charged for separately.
  • Product Maintenance carried out by FirstChoice ePOS will only take place between office hours (10:00 – 18:00, Monday to Friday, excluding public holidays/bank holidays).
  • After hours, emergency support is available Monday to Friday, 10:00-21:00 and weekends 10:00-21:00 via the Emergency Support telephone number. Programming of a System will not be carried out during these hours. This is for emergency support only.
  • Additional Product Maintenance programming after the Installation date will be invoiced at €70 + VAT per half hour of remote access programming.
  • Non-emergency onsite call outs shall be invoiced at €70 + VAT Callout charge and €40 per hour.
  • On request FirstChoice ePOS can quote an estimate for pre-payment in advance prior to any work or support commencing.
  • FirstChoice ePOS reserves the right to withhold or suspend any service pending payment in full for any outstanding monies.

 

  1. Renewal & Cancellation
    • After eighteen months the Customer’s contract will become renewable on a month to month basis.
    • The Customer can serve 30 days’ notice prior to the renewal date in which to notify FirstChoice ePOS that they do not wish to continue on Support, FirstChoice ePOS will cancel the contract with no penalty to the Customer.
    • The Customer can serve 30 days’ notice prior to the renewal date in which to notify FirstChoice ePOS that they do not wish to continue on Support, FirstChoice ePOS will cancel the contract with no penalty to the Customer.
    • FirstChoice ePOS may also choose to end the contract if:
      • The Customer does not pay fees when they are due.
      • The Customer breaks this agreement and/or a related agreement in any other material way and you don’t correct the situation within 7 days of us asking The Customer to do so.
      • FirstChoice ePOS reasonably believes that The Customer are infringing or have infringed our rights or the rights of a third party.
      • The Customer is the subject of a bankruptcy order, or become insolvent, or makes any arrangement with or for the benefit of creditors.
      • FirstChoice ePOS discontinues the product.
    • Where FirstChoice ePOS ends this contract, they will give at least 30 days’ notice.

 

  1. Refunds and return of goods

 

  • Should the Customer wish to cancel an Order within two weeks (14 days) of placing an Order, 100% of the Hardware costs will be refunded provided written notice has been e-mailed to accounts@firstchoiceepos.ie and will be at the discretion of FirstChoice ePOS should a refund be proceeded electronically.
  • Should the Customer wish to cancel an Order within three to four weeks of placing it, 70% of the Hardware costs will be refunded provided written notice has been e-mailed to to accounts@firstchoiceepos.ie and will be at the discretion of FirstChoice ePOS should a refund be proceeded electronically.
  • Where a product has been opened, FirstChoice ePOS will only accept a return of equipment if the system is deemed ‘not fit for purpose’ upon receipt of the goods and both parties must agree this. This must be based against the customers written purchase order terms and clearly stated requirements, prior to order and supply, where FirstChoice ePOS accepted the order on those terms. The customer must show where FirstChoice ePOS has failed to comply to the terms and allow a reasonable period to make good any agreed issues or shortcomings.
  • We cannot process a return based on the following:
    • Customer or staff not understanding or using the System properly;
    • Customer not properly researching or qualifying the purchase;
    • Functions not present or work differently to other products available in the market;
    • Compatibility with third party items/systems;
    • ePOS System that has been dispatched, configured, personalised and used;
    • Customer shutting down/product surplus to requirements after delivery;
    • Orders that contain bespoke or custom Hardware;
    • Operational problems arising from a Customer’s Internet or network connection or other environmental problems
    • You have accidentally damaged the item after delivery;
    • Misused the item and damaged it;
    • Tried to open or tamper with the Hardware in some way;
    • You no longer require the Hardware and it has been personalised;
    • The item is part of a custom or large order;
    • Item is not returned in its original packaging;
    • The goods are not in ‘as new’ and hygienically clean condition,
  • FirstChoice ePOS will diagnose the return request by this following process:
    • Understand why the Customer deems the product is ‘unfit for purpose’ attempt to reasonably resolve any issues when highlighted by the Customer via remote access.
    • Attend the Customer’s business premises, if the situation cannot be resolved remotely, to perform a site survey and onsite training or repair. This may be subject to advance charge.
    • Once the issue is identified FirstChoice ePOS or it’s representative or partners, or sub-contractors, must be given reasonable time to resolve the issue and assistance to do so.
  • If we agree and you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, items, components, leads, adaptors and manuals.
  • The Customer is responsible for the delivery of the goods to FirstChoice ePOS at Customer expense.
  • Refunds may only be made after all endeavors have been made by FirstChoice ePOS to resolve the issue.
  • In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return.
  • The Customer agrees to return all equipment supplied by FirstChoice ePOS to its offices located at:

FirstChoice ePOS

Base Enterprise Centre

The Michael Galvin Building

Damastown Road

Mulhuddart

Dublin 15

  • As part of FirstChoice ePOS’s refund policy, returned Hardware will be inspected. No refunds will be processed prior to the return and inspection of the Hardware at the offices of FirstChoice ePOS only.
  • Any amounts paid for on-site installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.
  • Any admin, support or software license or activation fees paid or due are strictly non-refundable.
  • Monies paid to third parties for any modifications made to the software at the Customer’s request shall also not be refunded.
  • Any Professional Services charged are not refundable.

 

  • Complaints Procedure
    • FirstChoice ePOS endeavors to ensure that all Customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complaints Procedure.
    • If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team via: + 353 1 652 3082 or e-mail: info@firstchoiceepos.ie. Contact details are also available at firstchoiceepos.ie
    • If the issue has not been satisfactorily resolved, the Customer should then make a written complaint either by email to info@firstchoiceepos.ie or by post to: Complaints Department, FirstChoice ePOS, The Michael Galvin Building, Base Enterprise Centre, Damastown Road, Mulhuddart, Dublin 15
    • Written complaints should include full details of the situation, and the nature of your complaint, in addition to any serial numbers and accounts numbers. Additionally, please provide the best contact details to reach you on.
    • FirstChoice ePOS will acknowledge the written complaint, within 48 working hours, confirming that we have received your complaint, and advising you of which FirstChoice ePOS Manager will be managing the resolution for you.
    • The Assigned Manager will endeavor to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution.
    • Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision.
    • Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify them you wish to escalate your complaint further.
    • All sales are bound by these Terms and Conditions, and FirstChoice ePOS asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a ‘Business to Business’ (B2B) transaction and is not bound by Consumer law.

 

FirstChoice ePOS Software End User License Agreement

 

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR FIRSTCHOICE EPOS SOFTWARE. BY USING YOUR SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.

 

  1. General Use

 

  • The software, interfaces, content, fonts, documentation and any data that came with your FirstChoice ePOS license as may be updated or replaced by software updates or system restore software provided by FirstChoice ePOS whether in read only memory, on any other media or in any other form are licensed, not sold, to you by FirstChoice ePOS for use only under the terms of this License.
  • FirstChoice ePOS retain ownership of the software itself and reserve all rights not expressly granted to you.
  • FirstChoice ePOS, at its discretion, may make available future updates to the software for your Epos system.
  • The Customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. FirstChoice ePOS shall not be liable for any loss or damage sustained or incurred by the Customer or any third party through loss or spoiling of data resulting from any maintenance activity by FirstChoice ePOS required or performed under this Agreement. FirstChoice ePOS will use reasonable endeavors to put right any such loss of data or programs but reserves the right to charge for such.
  • The Customer remains totally responsible to have adequate virus protection to all parts of the system.
  • Any additional software that is downloaded by the Customer, which is not already pre-installed on your system, is done at the Customers’ own risk.

 

  1. Permitted license users and restrictions

 

  • Each license allows you to use the software on the specific terminals requested by the Customer at point of purchase.
  • Each license does not allow the Software to exist on more than one terminal, and you may not make the FirstChoice ePOS software available over a network, where multiple devices, or multiple computers could use it at the same time, unless otherwise agreed by FirstChoice ePOS.
  • This license does not grant you any rights to use FirstChoice ePOS proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the FirstChoice ePOS software, FirstChoice ePOS software updates, or any part thereof. Any attempt to do so is a violation of the rights of FirstChoice ePOS. If you breach this restriction, you may be subject to prosecution and damages.

 

  1. Transfer

 

  • You may not assign, rent, lease, lend, redistribute or sublicense the FirstChoice ePOS software or software updates

 

  1. Termination

 

  • This license is effective until terminated. Your rights under this license will terminate automatically without notice from FirstChoice ePOS if you fail to comply with any term(s) of this license. Upon the termination of this license your software will be restricted.
  • Termination fees may apply in-line with the terms of this agreement.

 

  1. Limitation of liability

 

  • To the extent not prohibited by law, in no event will FirstChoice ePOS be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the FirstChoice ePOS software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise).
  • In no event shall FirstChoice ePOS’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

API (Application Programming Interface) Terms of Use

 

These API Terms of Use are addressed to any party that makes use of the API

.

  1. Licensed Uses and Restrictions

 

  • These terms of user apply only to the use of the API, however, are in addition to the other terms and conditions of the FirstChoice ePOS software.
  • The FirstChoice ePOS API’s are owned by FirstChoice ePOS and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sub-licensable basis on the terms and conditions set forth herein.
  • These terms define legal use of the FirstChoice ePOS API’s, including all updates, revisions, substitutions, and any copies of the FirstChoice ePOS API’s made by or for you.
  • FirstChoice ePOS Customer data (including but not limited to transaction data, sales data, product data, stock data) are owned by the Customer and not by FirstChoice ePOS.
  • All rights not expressly granted to you are reserved by FirstChoice ePOS.
  • Rights to use the FirstChoice ePOS API are terminated if FirstChoice ePOS disables your access to the FirstChoice ePOS API’s.
  • You shall:
    • Comply with FirstChoice ePOS ‘Terms and Conditions’ available at – firstchoiceepos.ie
    • Comply with any requirements or restrictions imposed on usage of Customer Data by their respective owners. Although the FirstChoice ePOS API’s can be used to provide you with access to Customer Data, neither FirstChoice ePOS ‘s provision of the FirstChoice ePOS API’s to you for your use of the FirstChoice ePOS API’s override Customer Data privacy requirements and restrictions, which may include “all rights reserved” notices, Data protection, Creative Commons licenses or other terms and conditions that may be agreed upon between you and the Customers. In ALL cases, you are solely responsible for making use of Customer data in compliance with owners’ requirements or restrictions.
    • Remove from your application within 24 hours any Customer Data or other information that the owner asks you to remove.
    • Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties may serve content and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
    • Provide accurate contact details for yourself to FirstChoice ePOS upon request.
    • Provide an accurate statement of intended use of the API to FirstChoice ePOS upon request, and once provided restrict your activities to stay within this statement.
  • You shall not:
    • Use the FirstChoice ePOS API’s for any application that replicates or attempts to replace the essential user experience of ie or any FirstChoice ePOS app or website.
    • Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use FirstChoice ePOS API’s.
    • Cache or store any Content other than for reasonable periods in order to provide the service you are providing to FirstChoice ePOS users.
    • Use the FirstChoice ePOS API’s for any application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
    • Use the FirstChoice ePOS API’s in any manner or for any purpose that violates any law or regulation within Ireland and the location of any of your own servers, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
    • Use the FirstChoice ePOS API’s in a manner that adversely impacts the stability of FirstChoice ePOS servers or adversely impacts the behaviour of other applications using the FirstChoice ePOS API’s. Further, we reserve the right to rate limit or block applications that make a large number of calls to the API that are not primarily in response to direct user actions.
    • Sell, lease, or sublicense the FirstChoice ePOS API’s or access thereto or derive revenues from the use or provision of the FirstChoice ePOS API’s, whether for direct commercial or monetary gain or otherwise, without prior written agreement from FirstChoice ePOS.
    • Serve, or allow third parties, to serve advertising materials to Customers, or to collect data for the purposes of marketing or advertising.

 

  1. Ownership and Relationship of Parties

 

  • The FirstChoice ePOS API’s may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Ireland and other countries.
  • FirstChoice ePOS ‘s rights apply to the FirstChoice ePOS API’s and all output and executable of the FirstChoice ePOS API’s, excluding any software components developed by you which do not themselves incorporate the FirstChoice ePOS API’s or any output or executable of the FirstChoice ePOS API’s.
  • You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms.
  • FirstChoice ePOS owns all rights, title, and interest in and to the FirstChoice ePOS API’s.
  • These terms grant you no right, title, or interest in any intellectual property owned or licensed by FirstChoice ePOS, including (but not limited to) the FirstChoice ePOS API’s and FirstChoice ePOS trademarks.

 

  1. Support

 

  • FirstChoice ePOS may elect to provide you with support or modifications for the FirstChoice ePOS API’s (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you.
  • FirstChoice ePOS may change, suspend, or discontinue any aspect of the FirstChoice ePOS API’s at any time, including the availability of any FirstChoice ePOS API’s.
  • FirstChoice ePOS may also impose limits on certain features and services or restrict your access to parts or all of the FirstChoice ePOS API’s or the FirstChoice ePOS Web site without notice or liability.

 

  1. Payment

 

  • FirstChoice ePOS retains the right to make a charge for use of the API on a recurring basis.
  • All payments are required to be made and collected by Direct Debit (DD) mandate including VAT.
  • FirstChoice ePOS may increase, reduce or remove this charge at any time. Where an increase is made a notice period of no less than 7 calendar days will be given.
  • Where payment is not received FirstChoice ePOS withholds the right to prevent, block or withhold access to some or all FirstChoice ePOS services. This includes denying access to other FirstChoice ePOS services not connected to the one where payment has not been received.

 

  1. Disclaimer of Any Warranty

 

  • Some of the FirstChoice ePOS API’s may be experimental and not tested in any manner FirstChoice ePOS does not represent or warrant that any FirstChoice ePOS API’s are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
  • The FirstChoice ePOS API’s are provided “as is” with no warranty, express or implied, of any kind and Panda EPOS expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.
  • Your use of the FirstChoice ePOS API’s is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of FirstChoice ePOS API’s including, but not limited to, any damage to your computer system or loss of data.
  • It remains your responsibility to verify the integrity and accuracy of any data accessed, edited or supplied through the API.

 

GDPR (General Data Protection Regulations) and / or Data Protection Laws

 

  1. GDPR / Data Protection

 

  • General Obligations: Each party will ensure that in the performance of its obligations under this Agreement it will at all times comply with all applicable Data Protection Laws and any other applicable privacy laws and regulations.
  • Data Specification: The Customer must provide FirstChoice ePOS with a document setting out the (a) subject matter and duration of any processing to be undertaken by FirstChoice ePOS; (b) the nature and purpose of the processing; and (c) the type of Personal Data and the categories of data subject relevant to this Agreement.
  • Data Controller: The Customer acknowledges and agrees that it will be the Data Controller under this Agreement and that it will be responsible for adequately addressing the use of cookies and data protection obligations in its end-customer / Customer Terms & Conditions and policies. As FirstChoice ePOS does not have any control over the Customer’s data protection notices, policies and Terms & Conditions, the Customer will indemnify and keep FirstChoice ePOS and its Affiliates indemnified against all losses, costs, and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by FirstChoice ePOS arising out of or in connection with any related claim or any liability arising whatsoever in respect of the cookies on, or the capture of Personal Data through, the Customer’s website(s); and the consent of data subjects for the exportation of any Personal Data outside of the European Economic Area by FirstChoice ePOS.
  • Data Processor: FirstChoice ePOS acknowledges and agrees that it will be the Data Processor under this Agreement and that it shall: (a) keep all Personal Data it receives, stores and collects from the Customer strictly confidential and not disclose any Personal Data to third parties; (b) not use the Personal Data for any purpose other than to perform its obligations under this Agreement; (c) ensure that all Personal Data it receives, stores and collects from the Customer is processed in accordance with this Agreement or as otherwise instructed in writing from time to time by the Customer and FirstChoice ePOS shall not process the Personal Data for any other purpose, unless required by law to which FirstChoice ePOS is subject, in which case FirstChoice ePOS shall to the extent permitted by law inform the Customer of that legal requirement prior to responding to the request; (d) promptly carry out any written request requiring FirstChoice ePOS to amend, transfer or delete the Personal Data or any part of the Personal Data made by the Customer during this Agreement; and (e) notify the Customer without undue delay or in any case within 48 hours upon FirstChoice ePOS or any sub-processor becoming aware of a breach affecting Personal data and at this time providing the Customer with all sufficient information required to meet any obligation to notify the relevant data protection authority or inform affected individuals under applicable Data Protection Laws.
  • Assistance: FirstChoice ePOS agrees to assist the Customer with all subject access requests which may be received from an end-customer in a prompt timeframe (at the Customer’s cost) and ensure that appropriate technical and organisational measures are in place to enable the Customer to meet its obligations to those requesting access to Personal Data held by FirstChoice ePOS. Upon request, FirstChoice ePOS shall provide you with reasonably requested information within a reasonable timeframe. FirstChoice ePOS shall assist the Customer in relation to any data impact assessments and/or any prior consultation with the relevant data protection authority, provided that Panda EPOS shall be entitled to charge a reasonable fee for such assistance.
  • Data Transfers: FirstChoice ePOS agrees not to transmit any Personal Data to a country or territory outside the European Economic Area without the Customer’s prior written consent, provided that such consent is hereby deemed provided where the Personal Data is subject to an adequate level of protection in accordance with Data Protection Laws.
  • Return of Data: Upon the termination or expiry of this Agreement for any reason, FirstChoice ePOS shall return all Personal Data to the Customer as requested by the Customer in writing, provided that this shall not prevent FirstChoice ePOS from retaining a copy to meet its legal or regulatory obligations.
  • Sub-Processors: The Customer hereby agrees that FirstChoice ePOS may appoint any of its subcontractors as sub-processors without requiring further consent. Such sub-contractors are deemed to be approved under this clause and the Customer may request a list of such sub-processors from time to time.
  • Safeguards: Taking into account the state of the art, the costs of implementation, and the nature, scope, context and purpose of processing as well as the varying risks to rights and freedoms of natural persons, the parties warrant that for the duration of this Agreement they will implement administrative, technical and physical safeguards sufficient to ensure the security and confidentiality, and protect against the unauthorised or accidental destruction, loss, alteration, use, or disclosure, of Personal Data and other records and information of the end-customers or employees and to protect against anticipated threats or hazards to the integrity of such information and records.
  • The Customer acknowledges and agrees to the processing by FirstChoice ePOS of all of the Customer’s transactional and sales data, which may include ‘Personal Data’ (as defined by applicable Data Protection Laws) for all purposes connected with this Agreement.
  • The Customer acknowledges that any data transmitted over the Internet or through any other form of transmission including by telephony or other electronic means cannot be guaranteed to be free from the risk of interception even if transmitted in encrypted form.
  • FirstChoice ePOS cannot guarantee the recovery of Customer data where this is deleted by the Customer (or FirstChoice ePOS at the Customer’s request).

 

  1. Limitation of Liability

 

  • FirstChoice ePOS shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the FirstChoice ePOS API’s, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not FirstChoice ePOS has been advised of the possibility of such damages.
  • Under no circumstances shall FirstChoice ePOS be liable to you for any amount, as far as can be restricted by law.
  • FirstChoice ePOS will not be liable for any loss, or future loss, of income that may occur from the discontinuation of any service that you have become reliant on.

 

  1. General Terms

 

  • Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the API Terms of Use, you and FirstChoice ePOS shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of FirstChoice ePOS, express or implied, and you shall not attempt to bind FirstChoice ePOS to any contract.
  • Invalidity of Specific Terms. If any provision of the API Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
  • No Waiver of Rights by FirstChoice ePOS. FirstChoice ePOS ‘s failure to exercise or enforce any right or provision of the API Terms of Use shall not constitute a waiver of such right or provision.
  • The section headings and subheadings contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of the API Terms of Use. Any construction or interpretation to be made of the API Terms of Use shall not be construed against the drafter. The API Terms of Use constitute the entire agreement between FirstChoice ePOS and you with respect to the subject matter hereof.

 

  1. Right to Assign

 

  • FirstChoice ePOS may assign, sub-contract or otherwise transfer the benefit of, and/or its obligations under these terms and conditions and/or any customer contract to any person or organisation at any time.

 

  1. FirstChoice ePOS Employees and/or Sub-Contractors and/or Suppliers

 

  • The Customer will take all such steps as may be necessary to ensure the safety and welfare of any of FirstChoice ePOS’s representatives who visit any premises of or on behalf of the Customer or FirstChoice ePOS.
  • The Customer will fully indemnify and hold harmless FirstChoice ePOS from and against any claim for loss, damage or injury to any person or property occasioned by or arising directly or indirectly from any negligence or misuse of the Goods or the Equipment or any other breach of these Terms by or on behalf of the Customer.

 

  1. Force Majeure

 

  • FirstChoice ePOS cannot be held responsible or liable for unforeseeable circumstances outside of its control or influence in exceptional circumstances.

 

  1. Entire Agreement

 

  1. These Terms, the Offer, the Proposal, Project Plan and Support Agreement contains the entire agreement and/or Contract between the parties with respect to their subject matter and supersede all previous written and oral agreements and understandings between the parties. The Customer acknowledges that in entering into the Contract it does not rely on any representation, warranty, agreement or other provision except as expressly set out in these Terms and that all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law, but nothing in these Terms will affect the liability of FirstChoice ePOS for any fraudulent misrepresentation.

 

  1. Jurisdiction

 

  • The construction, validity and performance of this Contract shall be governed by Irish law and the parties hereby agree to Ireland’s court’s jurisdiction.