LIMITATION OF LIABILITY
1. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, SHALL POS-n-go Solutions Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, ECONOMIC DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, INABILITY TO USE OR MISUSE OF POS-n-go Solutions Inc. SERVICES, SOFTWARE OR SITE OR ANY CONTENT THEREON, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS OR GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE OR DATA CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY RECORD, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, OR DAMAGES OR LOSSES CAUSED BY YOU (OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS). UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM CONDITIONS OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES OR OTHER UTILITY FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL OR MILITARY ACTIONS, GOVERNMENTAL CONTROLS OR REGULATION, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF ANY THIRD PARTIES.
3. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR GROSS NEGLIGENCE) OR OTHERWISE] EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY POS-n-go Solutions Inc. SERVICES, SOFTWARE OR SITE.
4. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. FOR THE PURPOSES OF THE "LIMITATION OF LIABILITY" SECTION, REFERENCE TO "POS-n-go Solutions Inc.", "POS-n-go", "WE" OR "US" SHALL INCLUDE THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND AFFILIATES.
6. THIS "LIMITATION OF LIABILITY" SECTION, THE TERMS OF SERVICE AND ANY CONTRACT ENTERED INTO BY YOU WITH US SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA AND SHALL IN ALL RESPECTS BE TREATED AS A BRITISH COLUMBIA CONTRACT, WITHOUT REFERENCE TO THE PRINCIPLES OF CONFLICTS OF LAW. IN THE EVENT OF A DISPUTE, YOU AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE BRITISH COLUMBIA COURTS.
7. THIS "LIMITATION OF LIABILITY" SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
USE OF THE SERVICES AND THIS SITE CONSTITUTES KNOWLEDGE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
TERMS OF SERVICE
1. Full payment must be received for all POS hardware prior to shipping and portal activation. Payment for POS hardware is by Interac e-Transfer.
2. We do not accept the return of POS hardware.
3. Defective POS hardware can be exchanged for an identical model within 10 days of the shipment date. After 10 days the manufacturer warranty applies and we are pleased to help coordinate the process.
4. The POS-n-go service is billed monthly on the first day of the month and is payable by Interac e-Transfer, Visa, Mastercard or American Express. The daily batch host sync will be paused 20 days after the billing date if the account is not paid in full. The account will be deactivated on the last business day of the month if it is not paid in full for two consecutive months. There is a $49.99 re-activation charge. For your convenience you may pre-pay any amount by Interac e-Transfer or check. Your credit balance, if applicable, is available in the secure web portal POS-n-go Billing section.
5. You may cancel the service at any time by submitting your request through a secure web portal Support Ticket. We do not provide a refund for any unused service for the month that the service is cancelled in. We will provide a refund for any future months that have been pre-paid using the same form of payment as the pre-payment.
6. Standard level support tickets are serviced Monday through Friday from 7:00 AM to 7:00 PM Mountain time excluding Canadian holidays. Standard level support tickets are always free.
7. After-hours level support tickets are serviced 24 hours a day and 7 days a week. After-hours level support tickets are billable at $49.99 per incident.
8. Support through any method other than the secure web portal support tickets such as telephone, email, in-person or other are billable at $49.99 per incident.
9. We love our clients, and our clients love us! But we reserve the right to terminate this agreement and cancel all POS-n-go services for repeated account payment issues, abusive language in support tickets or other correspondence, accessing the POS-n-go systems or services in a way that negatively impacts POS-n-go, the POS-n-go service or other POS-n-go clients, or using the systems or services for illegal activity.
USE OF THE SERVICES AND THIS SITE CONSTITUTES KNOWLEDGE AND ACCEPTANCE OF THESE TERMS OF SERVICE.