Legal Notice Scan’r App
Terms and Conditions Scan’r App
Version 23 January 2017
Thank you for selecting the Scan’r mobile application (“Software”) offered by Intersolve Technologies B.V. (“Intersolve”). Review these license terms and conditions (“Agreement”) thoroughly. By accepting electronically (for example clicking “I Agree”) installing, accessing or using the Software, you agree to these terms. If you do not agree to this Agreement, then you may not use the Software. Intersolve reserves the right to update this Agreement at any time without notice to you. The most current version of this Agreement can be found at the hypertext link available during log-in and under your Account information.
This Agreement describes the terms governing your use of the Software including content, updates and releases thereto. The Software allows the handling of (physical and virtual) gift cards, loyalty cards, coupons and vouchers (“Cards”) and customer registrations, through the Intersolve platform (“Services”).
To use the Services you must register and sign up for a customer account (“Account”), which shall be at a cost as indicated by Intersolve. You confirm that all information submitted by you about you and/or your business is accurate and complete at the time of entering into these terms. You must ensure that the information recorded on your Account is always accurate and up to date. In order to use our Services you require a compatible mobile device and internet connection. You agree to notify Intersolve immediately of any unauthorized use of your Account or any other breach of security. Intersolve will not be liable for any losses you incur as a result of someone else using your Account, either with or without your knowledge.
B. Intersolve’s Rights and Obligations
Intersolve’s obligations under these terms are limited to providing you with an account and the Services. Intersolve will use all reasonable means to provide the Services to you twenty-four (24) hours a day, seven (7) days a week, all year. Intersolve may, however, suspend – at our reasonable discretion – the Services to be provided to you or limit the duration of the Services in order to perform maintenance services or if required by law or if you have failed to comply with your material obligations under these terms. Intersolve does not warrant that the Services will be compatible with your smartphone and/or tablet.
C. License Grant and Restrictions
The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Intersolve reserves all other rights in the Software not granted to you in writing herein. As long as you comply with this Agreement, Intersolve grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software, as updated from time to time, and only for the purposes described by Intersolve for the Software. You shall be solely responsible for the installation, servicing, maintenance, security and operation of the equipment and software needed to connect to the Software and submit transactions through the Software for processing by Intersolve, subject to the agreements relating thereto and as signed between parties. Any connection with third party devices, such as point-of-sale terminals or cash registries shall be your responsibility. You are further responsible to ensure the correct use of the Services in your own systems in accordance with the then current installation and usage instructions and software updates provided by Intersolve. Intersolve reserves the right to change or amend the Software and the interface to it at any time, to provide you with a new version thereof, and/or to change the functionalities and characteristics of the Software. If you are significantly impacted by a material reduction of functionality due to a change in the Software, you may terminate the Agreement by giving written notice to Intersolve and de-install the Software from your mobile phone and/or table. You shall not make copies of the Software except for the purpose of using the Services and you shall not alter, amend or reverseengineer all or any part of the Software. If Intersolve provides an update of the Software, you are required to install the update and discontinue use of the old version.
D. Acceptable Use
You may use the Software only for lawful purposes and in accordance with this Agreement. You acknowledge that your Account is personal to you and agree not to provide any other person with access to the Software or portions of it using your Account. You shall utilize the Software in compliance with the requirements and/or instructions that Intersolve may specify. Intersolve shall not be liable for any results attributable to events or incidents caused by the use of the Software under conditions not in compliance with the requirements and/or instructions as specified by Intersolve. When using the Software, you may not: (i) use the Software and its Services in a way that is against applicable laws, interferes with public order/morals or infringes any intellectual property rights or other rights of third parties; (ii) use the Software and its Services in a way that could harm them or impair anyone else’s use of them; (iii) undertake any act that causes or is likely to cause obstruction to the use or operations of the Software; and/or (iv) remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Software.
E. Transactions with Cards
The data will be transmitted through the Software to Intersolve for further handling. After such transmission, any further services rendered by Intersolve are subject to the agreements signed between you and Intersolve pursuant to such services. The Software can only be used for transactions where both the Card and the customer are physically present at the time of the transaction. You accept and offer for processing Cards solely for the purpose of actual transactions and resulting from your own business operations. It is prohibited to accept Cards on behalf of third parties.
F. Privacy and Security
G. Disclaimer of Warranty
Intersolve shall not be liable for any damages incurred by you, your company or third party as a result of any act by Intersolve for the provisioning of the Software and Services in compliance with this Agreement. Intersolve will not be liable if for any reason all or any part of the Software and/or Services is unavailable at any time or for any period. From time to time, Intersolve may restrict access to (some parts of) the Software. YOUR USE OF THE SOFTWARE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE IS AT YOUR OWN RISK. INTERSOLVE MAKES NO REPRESENTATIONS ABOUT THE SOFTWARE, ANY SERVICES OR TOOLS OBTAINED THROUGH THE SOFTWARE. THE SOFTWARE, ITS CONTENT AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING – BUT NOT LIMITED TO – THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SUITABILITY OR AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, INTERSOLVE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
While Intersolve endeavours that the Software is normally available 24 hours a day, Intersolve accepts no liability if, for any reason, the Software is unavailable at any time or for any period. IN NO EVENT WILL INTERSOLVE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PORTAL, ANY CONTENT ON THE PORTAL ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. Intersolve shall not be made liable for any defects for third party devices, hardware and other products that may be bought with the Services. The manufacturer, who is solely responsible for service and support, shall specify warranty and other terms for such hardware and products.
I. Suspension and Termination
In the event of any of the following, Intersolve may suspend or terminate (as reasonably determined by Intersolve) your use of all or a part of the Software: (i) when performing maintenance; (ii) when suspension is necessary including your failure to maintain your application, hardware, data, third party devices etc on which the Software relies; (iii) when a force majeure event or any other emergency event occurs or may occur; (iv) when the suspension of all or a part of your access to the Software is necessary in order for Intersolve to protect its equipment from acts of unauthorized computer access; (v) when you commit any act that breaches the Agreement; (vi) when the agreement (s)with you and Intersolve terminates; and/or (vii) when Intersolve determines that the suspension of all or a part of access to the Software is desirable based on objective and reasonable reasons. In the event Intersolve shall suspend the usage of the Portal subject to the above, Intersolve shall notify you in advance of such suspension except in case of emergency, where Intersolve may suspend access to the Software without notice. If Intersolve believes that unauthorized or improper use is being made of the Software, it may, without notice and at its sole discretion, take such action as it deems appropriate, including disabling your Account. Violation of this Agreement can lead to termination of your Account and Intersolve reserves the right to seek any other remedies available at law. Intersolve shall not be liable for any damages incurred by you, your company or any third party as a consequence of the termination of all or a part of access to the Software.
J. Final Provisions
Intersolve reserves the right to amend or change the Agreement at any time without notice. Intersolve encourages you to periodically review the Agreement to ensure you are in compliance. Your continued use of the Software constitutes your acceptance of and agreement to be bound by any changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using the Software. This Agreement shall be governed by the laws of the Netherlands. Nothing in this policy is intended to grant any rights in the Software. Failure to enforce any rights under this Agreement by Intersolve does not amount to a waiver of Intersolve’s rights. If any part of the Agreement is found to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law. Any and all disputes arising out of or in connection with this Agreement shall be brought before the competent court of Utrecht, the Netherlands and the parties irrevocably submit to the exclusive jurisdiction of such court.