TERMS OF SERVICE
Welcome to Wallmob
- These terms and conditions (terms and conditions) govern any Customer and user (Customer) application and use of Wallmob – software with modifications (hereafter collectively referred to as: the Software).
- The Customer and Wallmob shall be referred to collectively as the Parties.
- The subscription conditions are accepted by checking “I have read and accepted the terms and conditions” when subscribing to Wallmob. The subscription terms and conditions apply between Wallmob (the Supplier) and the Customer.
- The supplier has the right to change the subscription terms and conditions with notice to the Customer by the email granted in the user account. Last updated on 08/02/17. The applicable subscription terms and conditions shall be accepted by the Customer before an agreement can be concluded between the Supplier and Customer. The Customer must always remain abreast of the applicable subscription terms and conditions.
Account creation, activation and security
- To receive the software, the Customer is required to create and activate a subscription account the (Account).
- In connection with the Account, the Customer is obliged to register a payment card, from which the prepaid license fee is paid monthly. All prices are in the specified currency specified when enrolling to the agreement, excluding VAT. VAT is not invoiced to customers outside Norway and must be handled in accordance to local tax regulations.
- By purchasing a subscription and entering card details, the Customer agrees that the Supplier may withdraw the agreed amount periodically in accordance with the selected subscription. When the Customer purchases a subscription, it will be automatically renewed until the Customer cancels the subscription in writing.
- The Customer authorises the Supplier to receive payment; cf. Article 4 of the Act on payment services.
- When purchasing a subscription from the Supplier, the Customer must submit accurate information regarding identity and validity and ensure that information regarding the Customer is truthful. Upon completion of payment, the Customer shall guarantee that the Customer’s identity is the same as the identity the Customer specifies. If there is any possibility of a Chargeback (i.e. a Customer pays with a credit card and subsequently denies the payment) from the Supplier’s third party (ePay), the Customer shall immediately pay the amount that the third party demands, regardless of reason. The Customer assures that its identity is correct and true, and that the Customer does not abuse debit cards. In the event of fraud/abuse, it is the Customer’s responsibility and duty to reimburse the Supplier the amount that has been implemented, such that the supplier is unaffected.
- The use of the Supplier’s software affords only one user right. Any ordering of products and services from the Supplier shall be achieved with the Customer’s consent, expressed on request. The subscription requires the setting up of the number of users the individual subscription prescribes; but only one legal entity may use it.
- The Customer is only entitled to disclose account information to a user registered on the account (Representative).
- The Customer guarantees that the Customer’s card information is correct and up to date. Any change in the account information or suspicions of abuse, breach of Customer’s card security, etc. the Client shall without delay notify Wallmob.
- The Customer shall only bear the risk of maintaining the Account’s confidentiality and security for any activity in or through the Account; i.e. setup, settings and use of the Software and the Account.
- The Customer guarantees that the Customer has the right to upload, transmit and store the information (e.g. in the form of text, images, audio-visual material et al) that it uploads, transmits or stores via the Software.
- The Customer is not entitled to use the software to transmit unsolicited communications or to upload, transmit, deliver, run or save malicious code, malware or illegal content.
- The Customer, or others for whom the Customer is responsible, undertake not to
- (ii) modify, reproduce, develop or compile, reverse engineer or otherwise deduce the source code of the Software;
- (ii) remove, alter, conceal or obscure any notice of copyright, trademarks or other proprietary rights belonging to Wallmob OneStore; or
- (Iii) create or attempt to create confusing software with the Software.
- The Customer is entitled to create user accounts linked to the Customer’s account, for use by the Customer’s Representatives in accordance with the prevailing delivery agreement with the agreed number of linked accounts.
- The Customer solely bears the risk for the Representative’s use of a specified user account and that the Representative uses the account in accordance with these Terms and Conditions. The Customer solely bears the risk, and is responsible for, who has access to the account and shall be promptly informed by Wallmob OneStore in the event of suspected unauthorized use of an account. The Customer, therefore, bears all of the risk and is solely responsible for all activity in the Client’s account and the associated user accounts.
- Wallmob OneStore is not liable for any losses arising as a result of
- (i) the Customer’s use of an Account or user account;
- (Ii) any activity from any user account linked to the Client’s account; or
- (iii) the Customer’s account management of the Account and associated Sub-accounts.
Third-party software and the Software
- Wallmob delivers software that require integration with other software and / or hardware.
- The Customer must have at least: (1) at least one iPad (possibly an iPod or iPhone), (2) a wireless network that is available where Wallmob devices, e.g. terminals, printers and other hardware, shall be used (printer and cash drawer require a LAN connection) (3) an active Customer Account.
- The Customer is required to comply the software or hardware guidelines of Wallmob OneStore and third-parties. Any violation of these Terms and Conditions will entitle Wallmob to terminate the Customer’s account.
- The software is compatible with the payment systems and HW-equipment shown and sold in Wallmob’s webstores (individual per market or country)
- Wallmob transfers encrypted data between the Customer and the Customer’s payment system, including the Customer’s payment system’s network and bank. The Customer therefore accepts that the use of the Software may be subject to terms and conditions in addition to these Terms and Conditions determined by a third party.
- Wallmob is not responsible for any crashes, incompatibility or damage of any kind caused by third party systems and services, including, but not limited to, operational disruptions for the Customer’s mobile devices, mobile operator or payment system.
- The Customer agrees to pay the prevailing license fee (the License Fee).
- License fees and other charges are payable in advance and are non-refundable.
- License fees and other charges exclude taxes and fees.
- Wallmob reserves the right to change the license fee, without justification and with 90 days notice. Any changes will be notified to the Customer via the email address the Customer submitted during account registration. If the Customer does not accept the change, the Customer must close its account, including all of its Sub-Accounts and discontinue its use of the Software within 90 days.
- Continued use of the software beyond the 90-day notice shall be deemed acceptance of the announced change in License fees.
Termination and cancellation
- This Agreement enters into force when the Customer creates the account; cf. item 2.1.
- The Customer may close its Account to the end of a month with 30 days notice via the Account or by contacting customer services at support@WALLMOB.com.
- Wallmob may, without notice and without liability, terminate and thus discontinuing the Customer’s access to the Software and the Customer’s account, including any associated Sub-accounts):
- if the Customer violates the agreement,
- at the request of the police, prosecutors or other public authorities,
- upon the Customer’s own request,
- in the event of disproportionate technical or safety issues, or
- If the Customer fails to pay the license fee in advance.
- If the Customer’s access to the Software and/or the Account, with associated Sub-accounts, is interrupted pursuant to item 5.3, Wallmob is entitled to:
- Delete the Customer’s Account and associated Sub-accounts and discontinue the Customer’s access to the Software and any information, features and other data associated with the account,
- delete the Customer’s password and retain all related information, files and content associated with or within the Customer’s account and associated Sub-accounts (or parts thereof), and
- actively prevent the Customer’s access to the Software in the future, either through an alternative account or otherwise.
- Wallmob is not liable to the Customer or any third party for results of termination pursuant to items 5.3 and 4, including information within or associated with the Customer’s Account or Sub-accounts, or for any loss or damage of any kind as a result thereof. The Customer is obliged to indemnify Wallmob for any claims made by third parties in connection with the termination.
- Upon termination of an Account, regardless of whether the Customer or Wallmob terminates the account, the associated user accounts will also be terminated.
The Software’s features
- Wallmob OneStore only provides sales tax calculation based on VAT.
- Wallmob OneStore cannot be held responsible, either by the Customer or a third party, e.g. the tax authorities, for the Customer’s outstanding taxes or fees, or for any loss attributable to the use of these calculations. The Customer is solely responsible for reporting the correct VAT, tax and other government fees.
- All communication from Wallmob to Customer will be electronic, including email. Wallmob can send any information and messages to the email address the Client has provided for its Account; cf. item 2.4.
- Wallmob can provide the Customer the opportunity to participate in the beta testing of new features that have not yet been thoroughly quality assurance tested. If the Customer accepts an offer from Wallmob to participate in such a beta-test, the Customer may not hold Wallmob liable for any loss or damage the Customer may incur as a result of such participation, including, but not exclusively, damage to computers, mobile phones, tablets or other devices, or data within or associated with the Customer’s account.
- Written support is available from Zendesk, which is part of the basic package.
- For specific remuneration, Wallmob offers technical support for the Software, including installation, modifications, training, phone support, etc.
- Wallmob does not guarantee response times; but aims to answer inquiries within a reasonable time.
- Unless the Customer has signed a custom designed agreement for the Software, Wallmob is not responsible for any errors or deficiencies in the technical support, or for any loss or damage of any description the Customer may incur as a result.
Processing personal information and security
- In order to protect the Customer’s personal information, Wallmob will only use the information from the Customer’s use of the Software, as specified below.
The Customer’s use
- The Customer agrees that Wallmob may collect and analyse information on the Customer’s interaction with, and use of, the Software, including, but not exclusively, statistics from the Customer’s use of the Software, which operation system is used to use the Software, interaction with other hardware and software and data from the Customer’s network.
- The Customer may use the Software to process information regarding the Customer’s transactions. The Customer is solely, and independently of the Software, responsible for the legality of collecting and using identifiable information about the Customer’s customers, which the Customer collects through the use, and to provide communications and gather the necessary permits from the customers to use the customers’ information for e.g. sharing identifiable information with third parties or to use the information for marketing purposes.
- Any information the Customer submits to Wallmob’s website or via the Software can be intercepted by others, even if such information is encrypted. The Customer solely bears the risk of hacking or similar breaches.
Account contents etc.
- When the Customer creates an account, the Customer simultaneously uploads various requisite business information that is needed to use the Software (hereinafter: Account Content).
- The Customer guarantees that the Customer does not, either through its Account or Sub-accounts, upload or allow to be uploaded content to the Software, unless the Customer has a license right, via its Account or Sub-account, to transfer, distribute, and/or disseminate the uploaded material; cf. item 2.4.
- The Customer grants Wallmob OneStore an unrestricted, non-exclusive, royalty-free, fully-paid, transferable right to use, reproduce, modify, adapt, publish, prepare derivative work of, distribute, publicly perform and publicly display any Account Content and Transaction Data (excluding transaction data that can identify the Customer) worldwide on/in all media to provide and promote the Software and Wallmob business.
- Wallmob own all intellectual property rights to the cumulative transverse data from the Customer’s use. This means that Wallmob is entitled to use this general data collection for its own purposes, and may share such information with third parties in unidentifiable form without the prior consent of the Customer.
Intellectual property rights
- Wallmob reserves all rights not expressly granted to the Customer.
- Wallmob retains all intellectual property rights to the Software including any modifications, e.g. copyright and trademark rights, and any intellectual property rights established during the agreement period.
- The Customer only has a non-exclusive right to use the Software on the specified hardware for the agreed number of users.
- The Customer is not entitled to full or partial modification, reconstruction, reverse engineering copying, distribution, transmission, republication, display or performance of the Software or other services sold by Wallmob.
Publication; the Customer suggestions, feedback and comments
- By using the Software, the Customer irrevocably consents to Wallmob displaying the Customer’s name on a list of Customers on its website or otherwise.
- Any ideas, suggestions, feedback, art or other information or work (Feedback) the Customer develops during its use of the Software continues to be Wallmob’s intellectual property.
- Wallmob is not obliged to review Feedback; but is free to use, publish and/or redistribute Feedback in whole or in part and in any form for commercial benefit to improve the Software or for another purpose and will provide no compensation of any kind (e.g. royalties) for such Feedback.
Third party websites
- Wallmob’s website may contain hyperlinks to websites or websites operated by parties other than Wallmob (hereinafter: Third Party Websites).
- Wallmob contains links to Third Party Websites as a service to the Customer and does not, therefore, imply that Wallmob has approved the content.
- The use of Third Party Websites via a hyperlink is at the Customer’s own risk as the content is outside WALLMOB A/S’s control. WALLMOB A/S is not liable for any loss or damage due to the use of hyperlinks.
Exemption of liability
- Any use of the Software is at the Customer’s own risk, as is and without guaranties.
- Wallmob thus disclaims any liability for defects, including, but not limited to, the suitability, functionality or adequacy of the Software for a particular purpose.
- Wallmob is not liable for any faults in the Software for the Customer’s use, or for any loss the Customer may incur in connection with the use of the Software, including, but not limited to, damage to the Customer’s other hardware, data loss etc.
- Wallmob is not responsible for any direct or indirect loss or consequential damage associated with the use of the Software, delays or inability to use the Software, including operational loss, any claim by a third party, etc.
- Wallmob is only liable for product liability pursuant to the mandatory provisions in the Product Liability Act. Any liability for product damage on any other basis is hereby explicitly excluded. Any use is at the Customer’s own risk.
- Wallmob assumes no liability for any damage to the Customer’s hardware or other property, regardless of whether it is caused by a virus or similar due to the Customer’s access to, or use of, Wallmob’s website.
- The Customer is obliged to indemnify Wallmob from any claim arising from a third party as a result of the Customer’s use of the Software, violation of these Terms and Conditions or infringement of third party rights.
- Wallmob cannot be held responsible for any delays or defects, including any disruptions or outages/failures in the Software, as a result of circumstances outside Wallmob’s control, including, but not limited to, industrial disputes, terrorism, hacking, IT and other breakdowns, defects or delays in deliveries from suppliers and similar circumstances and consequences Wallmob OneStore is unable to prevent.
- Unless otherwise agreed in writing, these Terms and Conditions constitute a comprehensive basis for the agreement between the Customer and Wallmob.
- Wallmob is entitled to assign its rights according to these Terms and Conditions to a third party, either by direct allocation or sale.
- The Customer is not entitled to assign its rights or obligations to a third party, unless otherwise agreed in writing.
- Any dispute between the parties shall be governed by Danish law and Kolding court of first instance.