Table of Contents
Terms and Conditions of Use
Last Updated: March 4, 2024
1. Introduction
These Terms of Service (as updated from time to time, Terms) between you (including your authorized employees and agents) and iPos Internet Point of Sale, LLC and affiliates as applicable, iPos) govern your access to and use of iPos’ products and services (including any version of the iPos application) (collectively, iPos Services). Any of your obligations set out in these Terms relating to the use of a Device (defined below) or of the IPos Services are in addition and not in substitution of any other obligations imposed on you by any Authorized Provider (as specifically identified therein) under any separate agreement covering purchase or lease of such Device or IPos Services.
2. Accepting the Terms; Use of the IPos Services
2.1 You accept these Terms when you use any of the IPos Services or click to accept these Terms (where this option is made available to you). Your acceptance of these Terms creates a contract between you and IPos. You cannot use the IPos Services if you do not accept the Terms. When you accept the Terms on behalf of your business, you represent to IPos that you have the authority to use the IPos Services and to bind the business to the Terms.
2.2 After you accept the Terms, IPos will give you credentials to create a IPos Account. You shall provide IPos with accurate, current, and complete information about you and your business (Account Information) and update your Account Information promptly after any changes. IPos may terminate your IPos Account and your access to the IPos Services if your Account Information is inaccurate or incomplete. You may use the IPos Account to connect to your IPos webpage (IPos Dashboard) via most internet browsers. You are responsible for any activity associated with your IPos Account. At any time, IPos may change the applications and their functionality that make up the IPos Services.
2.3 The IPos Services may refer you to some third-party companies based on your needs. You are solely responsible for your use of all Apps, compliance with corresponding agreements for Apps, and any associated fees or charges for the Apps. You use Apps at your own risk. Some IPos Services and applications may have additional terms that you must agree to before you can use them.
3. Grant of License
IPos grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign in any way, to access and use the IPos Services for your internal business use solely in the United States to manage your business and/or conduct associated point of sale activities in accordance with these Terms.
4. Restrictions
You shall not and shall not permit any third party to:
(a) access or attempt to access the IPos Services (or any part) that is not intended to be available to you;
(b) access or use (in any format) the IPos Services (or any part) through any time-sharing service, service bureau, network, consortium, or other means;
(c) without IPos’s advance written consent, use, ship or access the IPos Services (or any part) outside or from outside of the United States;
(d) perform or attempt to perform any actions that would interfere with the proper working of the IPos Services, prevent access to or use of the IPos Services by other users, or impose a large load on IPos’s infrastructure, network capability or bandwidth; or
(e) use the IPos Services except as permitted in these Terms.
5. Other Requirements and Limitations
5.1 You may access the IPos Services through your iPad or other device identified by IPos as compatible with and capable of accessing and/or supporting the IPos Services (Device) using a wired (Ethernet) or wireless (Wi-Fi or cellular) connection to the Internet. You are solely responsible for the payment of any fees that may be imposed by your Internet/data provider. Your use of the IPos Services accessed wirelessly or through the Internet is subject to: (a) the terms of any agreements you have with your Internet/data provider; and (b) availability, transmission range and uptime of the services and any wireless equipment.
5.2 The IPos Services do not function with every mobile device. IPos may alter which Devices are approved as compatible with the IPos Services in IPos’s discretion.
5.3 You shall at all times comply with any operating procedures, requirements, or guidelines regarding your use of the IPos Services.
5.4 You agree that IPos shall not have any liability to you arising directly or indirectly from or otherwise concerning: (a) any termination, suspension, delay or disruption of the IPos Services (including billing for the IPos Service) by the Internet, any common carrier or any third party service provider; (b) any failure, disruption or malfunction of the IPos Services (C) any failure, disruption or malfunction of the Internet, or any communications network, facility or equipment beyond IPos or a third party’s reasonable control; (d) your failed attempts to access the IPos Services or to complete transactions via the IPos Services; or (e) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by you.
6. Communicating with Customers
6.1 You must comply with Applicable Laws, including by obtaining any legally required consent, when collecting and using customer contact details to communicate with your customers through the IPos Services. You must promptly honor any customer opt-out.
6.2 You may not use the IPos Services to send marketing communications except to the contact information provided directly to you by the consumer and with the proper consumer choice as required by law.
7. Third Party Services
The IPos Services may contain links to services, products or promotions provided by third parties and not by IPos (Third Party Services). Suppose you decide to use Third Party Services. In that case, you will be responsible for reviewing and understanding the terms and conditions associated with the Third Party Services (including obtaining and maintaining any required third party hardware and/or software that is required for the Third Party Services to work with the IPos Service). Any access of or content downloaded or otherwise obtained through your use of the Third Party Services is accessed or downloaded at your own risk. IPos will not be responsible for any actions or any failures to act of any third party, and expressly disclaims all liability related to any Third Party Services. IPos does not warrant, endorse, guarantee, or assume responsibility for any provider of a Third Party Service or Third Party Service advertised or offered through the IPos Services or any hyperlinked website or service, or featured in any banner or other advertising. IPos will not be a party to or in any way monitor any transaction between you and providers of Third Party Services.
8. Maintenance
8.1 IPos may perform maintenance on the IPos Services which may result in service interruptions, delays, or errors. IPos will not be liable for any such interruptions, delays, errors, or bugs. IPos may contact you to assist you with the IPos Services and obtain information needed to identify and fix any errors.
8.2 IPos may release enhancements, improvements, or other updates to the IPos Services. You shall integrate and install any update into your systems within the set days of your receipt of notice from IPos that such actions by you are required. Failure to install any updates in a timely fashion may impair the functionality of the IPos Services. IPos will have no liability for your failure to properly install the most current version of any update, and IPos will have no obligation to provide support or services for any outdated versions.
8.3 Certain software can automatically install, download, and/or deploy updated and/or new components, which may include a new version of the software itself. You shall not, in any event or in any manner, impede the update process. You agree to assume full responsibility and to indemnify IPos for all damages and losses of any nature, for all adverse results or third party claims arising from your impeding the update process.
9. Fees
For your use of the IPos Services, you agree to pay the applicable fees, and all applicable taxes (other than taxes based on IPos’s income), duties, or other governmental assessments based on your use of the IPos Services. IPos may change the fees for the IPos Services from time-to-time and, if it does, it will provide you with 30 days’ notice. If you dispute any amounts you are charged, you must notify IPos in writing within 30 days of incurring the charge that you dispute. If you notify IPos after 30 days, you agree IPos has no obligation to effect any adjustments or refunds. If you have an agreement with an Authorized Provider for any IPos service plan, IPos will collect the amounts described in the first sentence of this Section from you for such plan on behalf of, and remit the amounts to, the Authorized Provider. IPos may charge your customers fees for their use of certain IPos Services, including IPos Online Ordering and the IPos Consumer App. You further acknowledge and agree that IPos may collect the fees that IPos charges your customers in the same manner that IPos collects applicable fees for your use of the IPos Services. IPos may change the fees at any time.
10. Term and Termination
10.1 Your obligations under these Terms continue for the longer of your use of the IPos Services, until you or we terminate your IPos Account by giving the other 30 days’ notice, or as otherwise provided in these Terms or other applicable agreement that expressly states a set term (e.g., a subscription or lease agreement).
10.2 IPos may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the IPos Services without any notice and liability for any reason, including if in IPos’s sole determination you violate any provision of these Terms.
10.3 Upon termination of these Terms for any reason, you must immediately stop using the IPos Services and your license to use the IPos Services provided under these Terms will end. Upon your termination of these Terms, IPos will provide you with a reasonable period of time to allow you to extract your Account Data (defined below) that IPos has stored on its servers as of the termination date. Subject to the foregoing sentence and Applicable Laws and card association rule requirements, IPos will delete Account Data stored on IPos’s servers upon your termination of these Terms, and IPos will not be liable to you or any third party for termination of access to the IPos Services or deletion of your Account Data.
10.4 The rights, obligations, and limitations in these Terms which by their nature should survive, including those of Sections 5.4, 8.2, and 8.3, and Articles 2, 10, 11, 13, 14, 15, 16, 17, 18, and 22, will survive termination of these Terms.
11. Privacy and Data Use
11.1 All data collected via the IPos website or in connection with your application for and use of the IPos Services, including customer information and information about your business, its owners, principals, and employees used with or stored in or by the IPos Services, is collected by IPos (collectively IPos Data). The IPos Privacy Notice (available at https://www.iposos.com/privacy-policy) describes IPos’s collection, use, disclosure, and other practices of IPos in connection with personal data in IPos Data.
11.2 You shall comply with all Applicable Laws pertaining to the privacy, secrecy, confidentiality, collection, usage, sharing, security, protection, disposal, or international transfer, of personal information, including laws applicable to direct marketing, telemarketing, and unsolicited e-mails or text messages. Applicable Laws may include, but are not limited to US federal and state laws, such as the FTC Act, the California Consumer Privacy Act, the CAN-SPAM Act, the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, Gramm-Leach-Bliley Act, state consumer protection laws, state data security laws, security breach notification laws, laws imposing minimum security requirements, laws requiring the secure disposal of records containing certain personal information, as well as any IPos requirements related to such matters.
11.3 You must implement reasonable security measures designed to protect the personal information that you collect, use, disclose, transfer, or otherwise process in connection with your use of the IPos Services. You acknowledge and agree that you are solely responsible for all privacy and information security obligations and liabilities relating to any data that you download, export, or otherwise transfer from the IPos Services or Device to your own information environment.
11.4 You shall maintain and make available to consumers a privacy policy applicable to your use of the IPos Services and IPos’s use of IPos Data as provided under these Terms, including any Apps you install and information shared with third party developers.
11.5 You must ensure that any third parties with which you share personal information in connection with your use of the IPos Services (including, without limitation, app developers whose Apps are made available through the IPos App Market) will provide the same level of privacy and data security protection that you are legally required to maintain and which you promise to maintain.
11.6 You must respond in a legally appropriate manner to any legally valid requests from individuals pertaining to the individual’s privacy or data subject rights at your sole cost and expense.
11.7 You acknowledge and agree that when you install an App, you establish a contractual relationship with the developer of the App. By installing an App, you authorize and instruct IPos to process and transfer personal information to facilitate your ongoing use of the App, including the disclosure of certain categories of personal information to the developer of the App and the receipt of personal information from the developer, as may be required by the App, until such time as you instruct IPos otherwise. You are solely responsible for instructing an App developer to cease processing and/or destroying any personal information.
11.8 IPos may process IPos Data (including personal information) to create aggregated, anonymized, or de-identified information and use that information for its lawful business purposes, including for purposes of creating and sharing with third-parties data insights and analytics and demographic profiling.
You agree that IPos may collect, use, retain, disclose and combine IPos Data for the following purposes: (i) to provide the IPos Services to you or other clients, (ii) providing additional products and services to you, other merchants, and/or third parties, (iii) for research, development, and analytics, (iv) fraud prevention, risk mitigation and to protect against illegal activity, (v) for marketing purposes, (vi) for data collection, use and sharing purposes permitted under IPos’s Privacy Notice (whether or not the data constitutes personal data), (vii) compliance with law and in accordance with federal and state law (including to perform sanctions screening or other checks required by Applicable Laws), and (viii) for IPos’s accounting purposes and to protect and enforce IPos’s rights (collectively, the Permitted Purposes). This includes using cardholder information, dates, transaction details, and other transaction, business information, and IPos Data to provide you with analytics products and services as well as collecting and using transaction data aggregated with other merchants’ transaction data to provide you, other merchants, and third parties with analytic products and services. IPos may continue to access, retain, use, share and combine the IPos Data for the Permitted Purposes following termination of these Terms.
11.9 Unless you have received prior written consent to do so from IPos, you may not use the IPos Services to: (a) process personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or genetic data, biometric data, data concerning health, or data concerning a natural person’s sex life or sexual orientation; or (b) upload or incorporate, process transactions involving, or otherwise provide IPos with, any “protected health information” within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA).
11.10 You agree to provide reasonable assistance to help IPos comply with its privacy or data protection legal obligations, or defend against any claims or investigations, in either case, in any way arising from or related to the Terms. You agree to promptly notify IPos of any opt-outs and legally valid data subject rights requests relating to data with IPos’s possession, custody, or control.
12. Protecting Information
12.1 You shall safeguard all confidential information IPos supplies or otherwise makes accessible to you using a reasonable degree of care. You shall only use IPos’s confidential information for the purposes of these Terms and shall not disclose IPos’s confidential information to any person, except as IPos may agree in advance and in writing. At IPos’s request, you shall return to IPos or destroy all of IPos’s confidential information in your possession or control.
12.2 You are solely responsible for ensuring that your account numbers, passwords, security questions and answers, login details and any other security or access information used by you to use or access the IPos Services are kept safe and confidential. You must prevent unauthorized access to and use of any of your information or data used with or stored in or by the IPos Services (collectively, Account Data). You are responsible for electronic communications sent to IPos or to any third party containing Account Data and for all uses of the IPos Services in association with your Account Data, whether or not authorized by you. IPos has the right to rely on user names, password and other signor credentials, access controls for the IPos Services or any software provided or approved by IPos to authenticate access to, and use of, the IPos Services and any software. You must immediately notify IPos if you become aware of any loss, theft, or unauthorized use of any Account Data (see IPos Services support center contact information below). IPos reserves the right to deny you access to the IPos Services, in whole or in part, if IPos believes that any loss, theft or unauthorized use of any Account Data or access information has occurred.
12.3 You may submit comments or ideas about the IPos Services, including about how to improve the IPos Services. By submitting any idea, you agree that (a) IPos expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) IPos is free to use and disclose the idea on an unrestricted basis without notifying or compensating you. You release IPos from all liability and obligations that may arise from IPos’s receipt, review, use or disclosure of any portion of any idea.
13. Intellectual Property
13.1 All right, title and interest in and to all confidential information and intellectual property related to the IPos Services (including Marks, all software, the content of any materials, web screens, layouts, processing techniques, procedures, algorithms, and methods and any updates, changes, alterations, or modifications to or derivative works from such intellectual property), owned, developed or licensed by IPos at any time or employed by IPos in connection with the IPos Services, shall be and remain, as between IPos and you, IPos’s or its affiliates’, IPos’s vendors’ or licensors’ (as applicable) sole and exclusive property and all right, title and interest associated with the IPos Services not expressly granted by IPos in these Terms are deemed withheld. You may not use Marks in any manner, including in any advertisements, displays, or press releases, without IPos’s prior written consent. Marks means IPos’s names, logos, emblems, brands, service marks, trademarks, trade names, taglines, or other proprietary designations.
13.2 You shall not, and shall not permit any third party to: (a) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms of the IPos Services, (or any part), except to the extent that such restriction is expressly prohibited by law; (b) modify, translate, or alter in any manner, the IPos Services (or any part) or the Marks; (c) create derivative works of or based on the IPos Services (or any part), or the Marks; (d) except for backup and archival purposes, directly or indirectly copy the IPos Services (or any part); (e) republish, upload, post, transmit, disclose, or distribute (in any format) the IPos Services (or any part) except as permitted in these Terms; or (f) remove, relocate, or otherwise alter any proprietary rights notices from the IPos Services (or any part) or the Marks.
13.3 If IPos provides you with copies of or access to any software or documentation, unless otherwise expressly stated in writing, that software and documentation is provided on a personal, non-exclusive, non-transferable, non-assignable, revocable limited license for the period of your subscription to the IPos Services and solely for you to access and use the software and documentation to receive the IPos Services for its intended purpose on Devices owned or licensed by you.
13.4 You shall not take any action inconsistent with the stated title and ownership in this Section. You will not file any action, in any forum that challenges the ownership of any part of the IPos Services, any related software, materials or documentation. Failure to comply with this provision will constitute a material breach of these Terms.
14. IPos Services Disclaimer
Use of the IPos Services is at your own risk. To the maximum extent permitted by Applicable Laws, the IPos Services are provided to you “as-is”. IPos disclaims all representations or warranties regarding quality, suitability, merchantability, or fitness for a particular purpose of the IPos Services. IPos disclaims all representations or warranties that the IPos Services will operate uninterrupted or error free; that the IPos Services are secure, free of viruses or other harmful components; or, that the IPos Services do not infringe the rights of any person.
15. Your Responsibilities
15.1 You shall: (i) comply with the requirements of all federal, state and local laws and regulations, rules, or standards related to use of the IPos Services, including those related to your use and provision of any cardholder data, customer information or other point of sale data accessed or provided in connection with the IPos Services (collectively, Applicable Laws), and (ii) use the IPos Services only in the manner permitted in these Terms. You shall not use the IPos Services for illegal purposes.
15.2 You are solely responsible for obtaining all required permits, consents and licenses and monitoring legal developments applicable to the IPos Services and the operation of your business, interpreting Applicable Laws and regulations, determining the requirements for compliance with all Applicable Laws and regulations, and maintaining an on-going compliance program.
15.3 You are solely responsible for ensuring the accuracy, quality, integrity, legality and appropriateness of all information and data regarding your business that you provide to IPos or its service providers in connection with the IPos Services. In addition, if applicable, you are solely responsible for verifying that all information and data loaded onto a Device by IPos or its service providers at your request are accurate prior to your business use of such Device. IPos and its service providers disclaim any and all liability arising out of any inaccuracies with respect to any information or data you provide.
15.4 By using Google Pay you hereby agree to Google Pay API Terms of Service
16. Limitations on Liability and Damages
Neither IPos nor its affiliates or directors, officers, employees, agents, or subcontractors will be liable under any theory of tort, contract, or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, special, punitive, incidental, indirect, or consequential damages arising out of or related to these Terms, each and every one of which is excluded by agreement of you and IPos, regardless of whether such damages were foreseeable or whether any person has been advised of the possibility of such damages. IPos’s (and its affiliates’) cumulative liability for all losses, claims, suits, controversies, breaches, or damages for any cause (including any of IPos’s indemnification obligations), regardless of the form of action or legal theory, will not exceed the amount of fees received by IPos under these Terms for the three month period immediately preceding the month in which such liability arose.
17. Indemnity
You will indemnify, defend, and hold IPos harmless (and IPos’s employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
(a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including without limitation any violation of our policies or the card associations’ rules;
(b) your wrongful or improper use of the IPos Services or any Third Party Services;
(c) any transaction submitted by you through the IPos Services or any Third Party Services (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you);
(d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
(e) your use of any personal information obtained in connection with your use of the IPos Services, any Third Party Services, or the Device, or any Apps used on the Device;
(f) the activities under your Account, or any other party’s access and/or use of the IPos Services, any Third Party Services, or Device with your unique username, password, API key, or other appropriate security code;
(g) your failure to maintain reasonable security in connection with the use of the IPos Services, any Third Party Services, or the Device;
(h) any data breach, information security incident, or similar, arising from your action or inaction;
(i) your violation of any law, rule or regulation of the United States or any other country; or
(j) any other party’s access and/or use of the IPos Services or any Third Party Services with your usernames, password and any other sign on credentials/access controls for the IPos Services or any software provided or approved by IPos to authenticate access to, and use of, the IPos Services, any Third Party Services and any software.
18. Representation and Warranties
You represent and warrant that: (a) you are validly existing, in good standing and have the right, power, and authority to enter into and perform under these Terms;
(b) any sales transaction submitted by you (i) is genuine and arises from a genuine sale or service that you directly sold or provided, (ii) accurately describes the goods or services sold and delivered to a purchaser and (iii) represents the correct amount of goods or services purchased from your business;
(c) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the consumer;
(d) you, all transactions initiated by you and your use of the IPos Services will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and card association rules and regulations;
(e) except in the ordinary course of business, no sales transaction submitted by you through the IPos Services will represent a sale to any principal, partner, proprietor, or owner of your entity;
(f) you will not fraudulently use the IPos Services;
(g) you have obtained all necessary and appropriate rights or given any necessary notices required for IPos to process IPos Data as set forth in these Terms; and
(h) you are not engaged in and will not accept payment for any illegal activity, in the legal jurisdiction(s) in which you do business or provide goods and/or services.
19. Consent to Electronic Communication
19.1 You agree that IPos, its affiliates and its third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.
19.2 You consent to receiving commercial electronic messages, including e-mail messages, SMS and text messages, and telephone calls, from IPos, its affiliates and its third party sales contractors and/or agents.
20. Amendment
iPos has the right to change or add to these Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the IPos Services with notice that IPos in our sole discretion deem to be reasonable in the circumstances, including such notice on IPos’s website or any other website maintained or owned by IPos. Any use of the IPos Services after IPos’s publication of any such changes or providing notice shall constitute your acceptance of these Terms as modified.
21. Assignment
These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you (including by operation of law, transfer of voting control of you or otherwise) without IPos’s prior written consent, but may be assigned by IPos without restriction.
22. General Provisions
These Terms are a complete statement of the agreement between you and IPos and describe the entire liability of IPos, its affiliates, its vendors, and its suppliers (including processors) and your exclusive remedy with respect to your use and access to the IPos Services. In the event of a conflict between these Terms and the Privacy Notice, the Privacy Notice shall prevail. These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflicts of laws provisions. You and IPos agree to submit to the exclusive jurisdiction of the courts located within the County of Miami-Dade, Florida to resolve any legal matter arising from these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that IPos may have under trade secret, copyright, patent, or other laws. Except for IPos’s affiliates and as otherwise stated herein, no persons shall be third party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and IPos’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under these Terms.
23. Contacting IPos
If you have any questions about these Terms, please contact IPos at support@ipointofsale.com. Except as otherwise stated in these Terms, all notices to IPos required or permitted in these Terms relating to the IPos Services shall be in writing and sent by postal mail to: iPos Internet Point of Sale, LLC Attention: Investigation Department, 4000 Hollywood Blvd, 5th Floor, Hollywood, FL 33021
24. IPosEats Program
24.1 You may elect to use the iPosEats through your IPos Dashboard. The IPosEats Program allows your dining guests (each, a Customer) to place online orders for food, beverages, and other related products (each, an Online Order)
24.2 You will provide IPos a link to your terms of service and privacy policy via the IPos Dashboard. You will ensure that your terms of service and privacy policy are up to date and will notify IPos of any updates to URLs containing your terms of service and privacy policy. You will ensure that your terms of service and privacy policy comply with all Applicable Laws.
24.3 Your actions in connection with fulfilling an Online Order (Online Orders) and your third party service providers’ services must comply with all Applicable Laws, including but not limited to privacy laws and data protection laws (Data Protection Laws), including to the extent applicable, providing all reasonably requested assistance to IPos with:
(a) providing individuals with rights in connection with Personal Information in a timely manner, including the ability of individuals to: (i) access or receive their Personal Information in an agreed upon format; and (ii) correct, amend, or delete Personal Information where it is inaccurate, or has been Processed in violation of applicable Data Protection Laws; and
(b) responding to enquiries from data subjects or entities with supervisory or regulatory authority over either party concerning its Processing of Personal Information.
24.4 In connection with the IPosEats Program, you will not, and will not authorize any third party to: (a) generate automated, fraudulent, or otherwise invalid activity (including queries, clicks, or conversions);
(b) conceal ad- or transaction-related activity that must be disclosed under Applicable Laws or these Terms;
(c) use any automated means or data scraping or extraction to access or collect information except as expressly permitted by IPos;
(d) provide inaccurate or outdated information;
(e) engage in deceptive, misleading, and/or unethical practices;
(f) alter, interfere with, or otherwise tamper with customer reviews of your Online Orders, the services of your competitors, or the IPosEats Program;
(g) attempt to interfere with the proper functioning of the IPosEats Program; or
(h) use, store, or share any Customer information for purposes other than fulfilling a Online Order.
24.5 You are responsible for responsible for your acts and omissions, as well as the acts and omissions of your third party service providers in connection with the Online Orders. You may not state or imply that you are an employee or affiliate of IPos or its affiliates, or that a third party service provider otherwise works for IPos or its affiliates.
24.6 You must provide honest, complete, and accurate information in connection your Online Orders, including to third parties.
24.7 You will cooperate if IPos or its partners (at IPos’s request) seek to gather information about you, your third party service providers, or your Online Orders to verify identity, confirm compliance with applicable law, these Terms, your payment processing agreement, for quality assurance purposes, or as required to operate the IPosEats Program.
24.8 You will work with IPos in good faith to provide a positive customer experience. Any use by you of IPos’s name (including in connection with any message or communication to a customer or third party service provider) will require IPos’s written pre-approval, except otherwise allowed by these Terms.
24.9 You are solely responsible for establishing and making Customers aware of your own cancellation and refund policies. IPos is not responsible for facilitating refunds or assisting with canceled orders.
24.10 If you sell alcoholic beverages, you are responsible for obtaining and maintaining all current alcoholic beverage licenses and complying with all regulations regarding the sale of alcohol. You must ensure that any customer who places a Online Order for an alcoholic beverage is 21 years of age or older.
