These Terms and Conditions govern the Client's use of the point-of-sale (POS) system and website developed and provided by the Service Provider. The purpose of this agreement is to establish clear expectations for the use of the system, ensure its secure and lawful operation, and protect both parties from misuse or liability. These Terms apply to all individuals authorized by the Client to access or operate the system.
The POS system and website are provided exclusively for the Client's internal business operations related to the sale and management of empanada products. The Client shall not resell, sublicense, lease, or otherwise distribute access to the system to any third party without the prior written consent of the Service Provider. Furthermore, the Client agrees not to modify, reverse engineer, decompile, or attempt to bypass any security features or access restrictions embedded in the system. The system must not be used for any unlawful, fraudulent, or unethical activities, including but not limited to falsifying records or misrepresenting business data.
The Client is responsible for ensuring that only authorized personnel are granted access to the system and that each user is properly trained in its use. The Client must take reasonable steps to safeguard all login credentials, passwords, and access tokens, and must notify the Service Provider immediately in the event of suspected unauthorized access or a data breach. The Client is solely responsible for the accuracy, completeness, and legality of all data entered into the system, including menu items, pricing, inventory, and transaction records. The Client shall also ensure that no content uploaded or inputted into the system is defamatory, obscene, or in violation of any third-party rights. Additionally, the Client is responsible for maintaining the necessary hardware, internet connectivity, and operating environment required to use the system effectively.
The Service Provider will implement reasonable technical and organizational measures to protect the system from unauthorized access, data loss, and cyber threats. However, the Client acknowledges that no system is entirely immune to risks and agrees to use the system with due care and in accordance with best practices. The Client is responsible for ensuring compliance with all applicable data privacy laws in the Philippines, including the Data Privacy Act of 2012 (Republic Act No. 10173), when collecting, storing, or processing customer information through the system. The Service Provider shall not be held liable for any data breaches or privacy violations resulting from the Client's failure to implement proper safeguards or comply with legal obligations.
All rights, title, and interest in the POS software, website framework, source code, designs, documentation, and any proprietary tools or technologies used in the development and deployment of the system shall remain the exclusive property of the Service Provider. The Client retains ownership of its business data, branding, and content uploaded to the system. The Client is granted a non-exclusive, non-transferable license to use the system solely for its business operations. This license does not grant the Client any rights to reproduce, distribute, or create derivative works from the system or its components.
To the fullest extent permitted by Philippine law, the Service Provider shall not be liable for any loss of profits, sales, or business opportunities resulting from the use or performance of the system. The Service Provider shall also not be liable for damages caused by misuse of the system by the Client or its staff, nor for any downtime, technical errors, or failures caused by third-party services such as hosting providers or internet connectivity. The Client agrees to use the system at its own risk and to hold the Service Provider harmless from any claims, liabilities, or damages arising from improper use or violation of these Terms.
The Service Provider reserves the right to suspend or revoke system access if the Client violates any provision of these Terms, uses the system unlawfully, or compromises its security. Upon termination of access, whether voluntary or enforced, the Client must immediately cease using the system and return or permanently delete any materials, documentation, or software provided by the Service Provider.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from or related to the use of the system shall be resolved exclusively in the proper courts of the Philippines
This document represents the entire agreement between the Service Provider and the Client regarding the use of the POS system and website. It supersedes any prior discussions, communications, or agreements, whether written or oral, related to the subject matter herein.