Welcome to Amora POS!
Amora Solutions, operating as Amora POS (“Amora”, “Amora POS” “us,” “our,” “we”, “Solution”), provides the services on behalf of hospitality venues (“merchant partner”) described in these Terms of Service to you through its Amora POS Web Application (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). Your use and continued use of the Service after the date any changes become effective constitutes your acceptance of the new Terms of Service. Amora POS reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. Changes will be posted to this page and will indicate at the top the date these terms were last revised, and we will notify you directly through the site, email or other forms of digital communication. Changes for new functionalities shall be effective immediately and all other changes shall become effective no earlier than fourteen days after they are posted. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN ADDITION TO AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST Amora POS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.AmoraSolution.com/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.
ABOUT Amora POS
Amora POS is a service that connects Amora POS collectives or cooperatives (collectively, “Merchant Partner”) with their customers.
Amora POS is a Technology Platform: It is the sole responsibility of the merchant partner to offer its services to you in a legal and compliant manner, which are facilitated through its use of the Site and Services. You agree and acknowledge that Amora POS: (i) is a technology provider; (ii) does not itself provide delivery services to consumers; (iii) is not a restaurant, retailer, manufacturer or brand.
Access and Use of the Service
Services Description: Amora POS connects merchant partners with their customers (the “Services”).
Registration and Use: In order to use certain features of the service End User may be required to register with Amora POS AND Merchant Partners. If End User choose to register with our Solution, End User agree to provide and maintain current, accurate, complete and true information about End User as requested at the time of registration or any other time information is requested. End User acknowledge that Amora POS reserves the right to terminate accounts that are inactive for an extended period of time. Our Privacy Policy governs the data End User provide and certain other information about End User. By using the Services, End User expressly represent and warrant that End User are legally entitled and compliant with Provincial laws to enter into these Terms of Service, and have the right, authority, and capacity to enter into and abide by the terms and conditions of these Terms of Service. End User acknowledge that Amora POS, at its sole discretion, may establish general practices and limits concerning use of the Service. Amora POS has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. End User further acknowledge that Amora POS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Security: The security and protection of your password and other information is your responsibility and you are fully responsible for any and all activities that occur under your password or account. Amora POS may as part of the process of creating an account, ask you to select a username and password. Amora POS reserves the right, at its sole discretion to refuse a username or password if it deems it may be impersonating another person, may cause confusion, is disrespectful or otherwise offensive, or may be protected by trademark or other proprietary rights law. You agree to (i) ensure that you exit from your account at the end of each session on any device you are using when accessing the Service, and (ii) immediately notify Amora POS of any unauthorized use of your password or account or any other breach of security. Amora POS will not be liable for any loss or damage arising from your failure to comply with this Section.
Services: Amora POS reserves the right to modify, temporarily or permanently discontinue any Service (or any part thereof) with or without notice. You agree that Amora POS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile and Communication: Amora POS or Merchant Partner (through Amora POS) is available and may communicate with End User on their mobile or other device through the browser, native app, SMS, Email standard charges, data rates and other fees from your carrier or other provider may apply. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent End User access the Service through a mobile device, In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, End User agree that we may communicate with End User regarding Amora POS and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event End User change or deactivate your mobile telephone number, End User agree to promptly update their Amora POS account information to ensure that their messages are not sent to the person that acquires your old number.
Transactions Users and Merchant Partners
Amora POS may provide through the Site, electronic web-based platforms for exchanging information between Users and Merchant Partners of products and services. Amora POS does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site, the ability of the Merchant Partners to complete a sale or the ability of Users to complete a purchase.
Transaction Risk: By using the Service End User shall assume the risks of conducting any purchase and sale transactions in connection with or through the Site or Services. User accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Site. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights, and the risk that End User may incur costs of defense or other costs in connection with third parties’ assertion of such third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of third party rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Site or Services. All of the foregoing risks are referred to as “Transaction Risks”. Amora POS is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
End User agree to provide all information and materials as may be reasonably required by Amora POS in connection with your transactions conducted on, through or as a result of use of the Site or Services. Amora POS has the right to suspend or terminate your account if End User fail to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
In the event that End User have a dispute with any party to a transaction, End User agree to release and indemnify Amora POS (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
Third Party Distribution Channels
Amora POS offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If End User obtain such Software through a Distribution Channel, End User may be subject to additional terms of the Distribution Channel. These Terms of Service are between End User and us only, and not with the Distribution Channel. To the extent that End User utilize any other third party products and services in connection with your use of our Services, End User agree to comply with all applicable terms of any agreement for such third party products and services.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Amora POS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Amora POS from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Amora POS, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Amora POS. The Amora POS name and logos are trademarks and service marks of Amora POS (collectively the “Amora POS Trademarks”). Other Amora POS, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Amora POS. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Amora POS Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Amora POS Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Amora POS be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Amora POS does not pre-screen content, but that Amora POS and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Amora POS and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Amora POS, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Amora POS and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Amora POS are non-confidential and Amora POS will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Amora POS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Amora POS, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Amora POS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Amora POS of your infringement claim in accordance with the procedure set forth below. Amora POS will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
A notification of claimed copyright infringement should be emailed to Amora POS’s Copyright Agent at info@ (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Oregon and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Amora POS will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Amora POS has adopted a policy of terminating, in appropriate circumstances and at Amora POS’s sole discretion, users who are deemed to be repeat infringers. Amora POS may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Amora POS has no control over such sites and resources and Amora POS is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Amora POS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Amora POS is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Amora POS’s use, storage and disclosure of information related to you and your use of such services within Amora POS (including your friend lists and the like), please see our Privacy Policy at https://www.AmoraSolution.com/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Amora POS shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Amora POS is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Amora POS is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Amora POS enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Amora POS and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Amora POS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Amora POS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. Amora POS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Amora POS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Amora POS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Amora POS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Amora POS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Spamming
Amora POS respects all anti-spam laws and regulations. If you receive any email or other electronic communication from Amora POS, the name Amora POS.ca or Buyers Unite will always be clearly indicated. As a user, Amora POS reminds you that you have expressly accepted that emails or other commercial electronic messages be sent to you by Amora POS. You have the right to unsubscribe from our service at any time and free of charge, either by clicking on the unsubscribe option on the emails Amora POS sends you or by sending Amora POS an email requesting to be unsubscribed (see “Contact Us” section below). Gathering email addresses from Amora POS through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with Amora POS or if you have any concerns relating to this section, please see the “Contact Us” section below.
Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Separate Agreements
You may have other agreements with Amora POS. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Amora POS.
No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance.
Users Disputes
You are solely responsible for your interactions with other users. Amora POS reserves the right, but has no obligation, to monitor disputes between you and other users.
Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Amora POS confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration before a single arbitrator and in accordance with the provisions of the Ontario Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Toronto, Ontario, Canada, without giving effect to any principles that may provide for the application of the laws of another jurisdiction.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Amora POS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Amora POS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Amora POS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, IN WHICH CASE THIS SECTION SHALL BE AMENDED TO COMPLY WITH APPLICABLE LEGISLATION.
Indemnity
You agree to defend, indemnify, and hold Amora POS, its directors, officers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use and the Privacy Policy.
Accounts and Security
This section only applies to registered users. Amora POS does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and Username (“Username”). You shall provide Amora POS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account.
You may not:
- select or use a Username of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation;
- use a Username that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Amora POS of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Amora POS’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Termination
You agree that Amora POS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Amora POS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Amora POS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Amora POS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Amora POS will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Amora POS will have no liability or responsibility with respect thereto. Amora POS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Your Privacy
At Amora POS, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Compliance with privacy laws
The Amora POS makes the following additional commitments, representations, and warranties to Customer:
- The Amora POS will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform the Amora POS’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the Amora POS “sell” (as defined by Privacy Laws) any such personal information.
- The Amora POS will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for Amora POS’s own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.
- Amora POS will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.
Data subject rights – assistance with requests
- Amora POS will reasonably cooperate and assist Customer with meeting Customer’s CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of Amora POS’s processing, and the information available to Amora POS. Amora POS will make available to Customer, in a manner consistent with the functionality of the Service and Amora POS’s role as a Service Provider of Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.
If Amora POS receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, Amora POS will redirect the data subject to make its request directly to Customer. Customer will be responsible for responding to any such request including, where possible, by using the functionality of the Services. Amora POS shall comply with reasonable requests by Customer to assist with Customer’s response to such a data subject request. Amora POS must notify the Customer immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party’s compliance with Privacy Laws relating to provisioning of the Services.
Questions? Concerns? Suggestions?
Please contact us at info@AmoraSolution.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.