This document set out the terms and conditions (“Terms”) for your use of Products and Services offered by Flexi Technologies Lanka Private Limited in the brand name of “SpicePOS”. By clicking “Accept” or using any of the Services (free or paid), you acknowledge that you have read and understood these Terms, and are deemed to have agreed to these Terms on behalf of any person or entity for whom you are using the Services. If you do not agree to any of these Terms, then you should not use the Services. All rights not expressly granted in these Terms are reserved by Flexi Technologies Lanka Private Limited.
These Terms may change from time to time and will be notified to you via email or a notification message displayed within the application screens. If you continue to use the Services, your use will be governed by those updated Terms.
(Last updated on 18th of November 2020)
“The Terms” means all the Terms and Conditions specified in this document.
“The Apps” means the following Android Apps:
“The Website” means www.spicepos.com website and all its subdomains and pages including the password-protected SpicePOS Back-Office.
“The Server” means the SpicePOS back-end server to which the Apps and the Website connect.
"We" or “us” or “our” or "SpicePOS" or “the Company” means Flexi Technologies Lanka Private Limited.
"The Services" means the Apps, the Website, the Server, any technologies used for building the Apps, the Server or the Website, any features of the Apps or the Website or the Server offered by SpicePOS from time to time and all the customer support services offered by SpicePOS including email support, chat support and over the phone support. Your use of the Services will also be subject to any fees and/or limits that apply to the SpicePOS Software Package (Start / Grow / Thrive) which you've purchased.
"Customer" means the person or entity who registers to use the Service by creating a SpicePOS account. If you are creating a SpicePOS account or using the Services on behalf of a business, you agree that you are accepting the Terms and you have the authority to enter into the Terms, on behalf of the business, which will be deemed to be the Customer, and will be bound by the Terms.
"User" means any person or entity that a Customer authorizes to use the Service on its behalf. This includes employees and personnel of the Customer who is authorized to use the Services on the behalf of the Customer but also includes other third parties with whom a Customer shares its SpicePOS account details (and for whose conduct the Customer is responsible).
“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available through the Services. “Content” also includes any exchanges, interactions, communications that a User has with our employees or representatives with respect to the Platform.
"You" means the Customer and/or any users as the context permits.
“Software Package” means a pre-defined set of features of the Services subjected to specified limitations, terms, and pricing structure.
You must be at least 16 years old to access and use the Services. By accepting the Terms you accept that you meet this age limit restriction.
By accepting the Terms you agree to provide true, accurate, current, and complete information when creating your SpicePOS account. You also agree that you will keep such information promptly update so we can contact you from time to time when required.
You must not: (a) use the Services in any unlawful or fraudulent manner or in a way which is inconsistent with the Terms; (b) use the Services for any unlawful or fraudulent purpose; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services; (c) use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (d) collect or harvest any information or data from the Services or our systems; (e) attempt to decipher any transmissions to or from the servers running any Services; (f) disclose or distribute information relating to another User of the Services to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register with the Services via automated methods.
You are responsible for any conduct or activity performed through your SpicePOS account including any changes done on the Services by yourself or requesting SpicePOS Customer Support. If you are altering access rights or settings of a particular User, you are deemed to have full authority to do so and you should take all the responsibility for the resultant change which could possibly result in that User being unable to login to the Services or use a part of the Services in the same manner that USer was using the Services previously.
If you are the Customer, you should have the complete responsibility in assigning access rights to the Users which you would create on the Services or your Users would create on behalf of you and you shall indemnify SpicePOS against any claims or loss related to any User’s usage of the Services. If you are a User, then you are fully responsible for ensuring you have obtained the right to perform the specific activity on the Services from the relevant Customer.
You acknowledge and agree that, if there is any dispute between a Customer and a User regarding access to Services or part of the Services, the Customer shall decide what access or level of access to the relevant Data or Services that Invited User shall have if any. We will have no responsibility to anyone other than the Customer, and the Services and the Terms are intended solely for the benefit of the Customer and not for any User/(s).
You can cancel your SpicePOS account at any time. You can request to cancel your account by sending an email to contactus@spicepos.com. If you cancel your account before the end of your current paid up month or year, your cancellation will not take effect until the end of that period for which you have already paid.
We can cancel or suspend your account at any time on notice to you via email. Such termination will take effect at the end of your then-current paid-up subscription period. We may also cancel or suspend your account with immediate effect if, in our sole discretion in case (A) you have committed a breach of the Terms or any other terms applying to your use of the Services; (B) we consider that provision of the Services or use of them, in your territory or jurisdiction, will or is likely to breach any applicable law; (C) we decide to withdraw the Services from your territory or jurisdiction altogether;
Once the cancellation of your account is in effect, all of your rights granted under the Terms will immediately come to an end. However, your data will reside in our servers until the permanent deletion date which is due 30 days from the cancellation date. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated before requesting cancellation.
The Services are available in a range of Software Packages, giving you options including in relation to the number of stores, the number of employees you have and the
required set of features. The pricing of these Software Packages, available features, and package limitations are clearly mentioned in the pricing section of our
website which you can access following the below URL:
https://spicepos.com/pricing.html
By accepting the Terms you accept that you would pay the charges relevant to your selected Software Package prior to usage in a particular period (a month or a year for example).
We may amend the limits, features, or pricing of the Software Packages and/or introduce new Software Packages and terms from time to time and will be notified to you via email or as a notification in the Apps or the Website. Once such a price change is done and if you wish to continue using the Services after the period which you have currently paid for, you have to adhere to the updated pricing unless you cancel our SpicePOS account and cease using the Services before the next payment date (day of the already paid period + 1 day). The new pricing will be applicable to you if you repurchase or reactivate your SpicePOS account after termination since such activity is considered as a new purchase. These amendments in Software Packages and pricing will not apply to you if you are granted an exclusive plan by SpicePOS through a custom license agreement.
In addition to these charges, SpicePOS or our partners will charge for additional services provided such as (A) Data setup, user onboarding, and training services, (B) Hardware maintenance services, (C) On-site troubleshooting services, (D) Custom feature development or any other additional services provided. However such services will only be provided after a separate contract between the Customer and SpicePOS or our partner entity (person or business). SpicePOS may advertise such additional services in the Servies and has the sole authority to change their pricing from time to time.
We have partnered with 2Checkout (https://www.2checkout.com/) for collecting one time or subscription-based payments from our Customers. When the Services prompt you for making a payment for the first time, you should enter a valid and active credit/debit card number for making payments to SpicePOS. The credit/debit card you have entered will be immediately charged by an amount equal to a one month charge for your selected Software Package in case you have selected a Software Package which is not free and the period you have previously paid is over. If you purchase any optional add-on or additional service through the Services the entered credit/debit card will be immediately charged by the price of the particular optional add-on or additional service.
SpicePOS payments are all-inclusive unless special conditions apply for your territory or jurisdiction. Any charges paid for SpicePOS are non-refundable unless otherwise agreed through a separate written contract.
If you exceed the limits of your selected Software Package you will be notified via email or through notifications in the Services. If you have exceeded the limits of the Software Package you have selected, we may ask you to upgrade your account to a new Software Package. If you do not upgrade your account within 30 days of such notice, SpicePOS has the sole right to either downgrade your Software Package or terminate it. We are not liable for any loss or damage following, or as a result of, such termination of your account.
You may upgrade or downgrade your account (selected Software Package) and subscribe or unsubscribe from optional add-ons at any time. The upgrade or downgrade will become effective immediately. Downgrading your account (by selecting a more limited Software Package) may cause the loss of content, features, or capacity of your account. If you choose to downgrade your account (by selecting a more limited Software Package), SpicePOS does not accept any liability for the resulting loss of data, content, features or capacity.
If you downgrade your account (by selecting a Software Package with lesser price), no refunds will be paid for any unused portion of any higher account offering. If you upgrade your account (by selecting a Software Package with higher price), the balance already paid for the rest of the term will be credited to your account. We will then immediately charge your credit card for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Your default billing period is one month unless you have paid for a custom period following a special promotion or separate agreement with SpicePOS. The credit/debit card you entered will be charged on the billing date for the month starting from the billing date. Your billing date is the calendar date of your registration with SpicePOS. Ex: If you have registered with SpicePOS on 21st of a particular month, you will be billed on 21st of each month. You’ll receive a payment receipt via email from SpicePOS or the third party payment gateway provider we have partnered with for collecting payments.
You can download a monthly payment invoice from the Billing section in the SpicePOS back-office which you can access through the Website. However, this invoice is calculated for the period of the considered calendar month since the sole purpose of such invoice is for accounting purposes of the Customer.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES.
EXCEPT AS OTHERWISE PROVIDED, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE USE OF SERVICES DOES NOT PROVIDE ANY WARRANTIES THAT (I) SERVICES WILL MEET ALL YOUR REQUIREMENTS, (II), SERVICES WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING SERVICES, WILL BE ACCURATE OR 100% RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS FOLLOWING THE SERVICES OR ANY ASSOCIATED THIRD-PARTY LINKS ADVERTISED ON THE SERVICES WILL MEET ALL YOUR REQUIREMENTS.
WE MAY ADD, MODIFY OR REMOVE FEATURES OF THE SERVICES OR ALL OF THEM FROM TIME TO TIME-BASED ON OUR LATEST BUSINESS DECISIONS. SO YOU NEED TO KEEP THE SERVICES UP-TO-DATE BY APPLYING UPDATES OF THE APPS AND THE WEBSITE. WE MAY CEASE PROVIDING ALL OR PART OF OUR SERVICES AT ANY TIME, AND NOTHING IN THE TERMS SHOULD BE TAKEN AS A GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE AS ITS AVAILABLE IN THE TIME OF YOUR START OF USAGE OF THE SERVICES.
IN NO EVENT SHALL THE COMPANY, COMPANY ASSOCIATES AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE OF ANY PART OF THE SERVICES, OR (B) YOUR DOWNLOADING OF ANY PART OF THE SERVICES, OR (C) A DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA, OR (E) THE CONTENT OF ANY SITE LINKED TO THE SERVICES, OR ANY CONTRIBUTIONS BY USERS OR THIRD PARTIES; INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF COMPANY OR COMPANY PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for all activity that results from the use of the Services through your account. You are responsible for maintaining the security of your account and password. SpicePOS will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
You agree to defend, indemnify and hold harmless Company and Company Parties, and their respective successors and assigns from and against all forms of liability, actions, proceedings, demands, costs, charges, and expenses which the Company may incur or suffer as a result of the use of the Services through your account or as a result of your failure to comply with these Terms.
Subject to your compliance with the Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) Access and use the Services, (only after becoming a Customer); and (b) Download, install, and use the App on a mobile device owned or controlled by you strictly in accordance with the App’s documentation; and strictly in accordance with the Terms.
The Services are provided under license, and not sold to you. You do not acquire any ownership interest in the Services or any other rights thereto other than a license to use the Services in accordance with the license granted, and subject to the Terms.
The Company and its licensors reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in the Terms.
You agree not to carry out the following actions, namely: copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer the rights to Services. Any rights not expressly granted herein are reserved to SpicePOS. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for the Services or parts thereof.
By posting on the Website or the Apps information on trademarks and other data protected by copyright, You represent and warrant the availability of appropriate rights for this placement.
You can find the SpicePOS Privacy Policy following the below URL:
https://spicepos.com/privacy_policy.html
Master Data and Transaction Data entered into the SpicePOS account will be retained until the cancellation of your account or termination of your account by SpicePOS
unless any unpredictable event which SpicePOS does not have control over. Master Data and Transaction Data are clearly defined in the following link.
https://help.spicepos.com/docs/02-concepts/data-retention/#master-data-and-transaction-data
On expiry or termination of the Terms, or upon cancellation of your account, the data submitted by you to the Services will be deleted after 30 days, unless any applicable laws or regulations require us to retain the data for a longer period.
This Agreement shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka and a Court of appropriate and competent jurisdiction in the Democratic Socialist Republic of Sri Lanka shall determine any disputes which may arise in respect of this Agreement.
We may employ third-party companies and individuals due to (A) to promote or resell the Services, (B) to facilitate the Services, (C) to provide the Services on our behalf, (D) to perform related services, or (E) to assist us in analyzing how the Services are used. In some cases, we may receive a commission or pay a commission to them solely based on the business agreement between SpicePOS and the mentioned third parties.
If we don't insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations.
Each clause in theTerms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, still the remaining conditions will remain in full effect.