TERMS OF USE

Before you can use the services provided by Cyrstal ERP, please read carefully these Terms of Use. These Terms of Use contain mandatory requirements that must be carried out when you use the www.pos.cyrstalerp.co.ke web site, as well as services, applications and content provided by Cyrstal ERP.

When you register with and / or use Cyrstal ERP in any way, including, but not limited to, accessing, or browsing the Site, you agree to all the terms and conditions set forth herein (hereinafter – the "Terms of Use"), which also include the Privacy Policy, Advertising Policy, and Cookies Policy, as well as all other conditions, rules or guidelines, which are periodically added to the Site as a reference and are updated by Cyrstal ERP with no prior notice.

In addition, some services that are provided via Cyrstal ERP may be subject to additional Cyrstal ERP terms and conditions. The use of such services is governed by these additional terms and conditions, referenced in these Terms of Use.

These Terms of Use were updated on November 14, 2017.

Definitions

Under these Terms of Use and the Privacy Policy, the following terms have the following meanings, unless the context otherwise requires:

"Cyrstal ERP" – the collection of Software, Applications, Sites, services, documents, text, graphics and other materials that make possible using the Services.

"Application" means the software provided by Cyrstal ERP, including the Merchant application, providing the Merchant with an opportunity to carry out his/her own loyalty program, to send special offers to the User and the User's application, which provides the services of Cyrstal ERP, any updates, and any other software that enables one to use Cyrstal ERP

"Site" means the www.pos.cystalerp.co.ke website, including, also, any other websites that will emerge in the future in accordance with these Terms of Use.

"Services" – services provided by means of the Site and / or Cyrstal ERP applications.

"Content" – text, graphics, audio and video materials, documentation, information posted in Cyrstal ERP (on the Site and / or in the Application), perceivable by a person or with the help of special devices. “Merchant” – any person using the Merchant app, sales as well as the Cyrstal ERP Site.

“User” – any person using the User application, Cyrstal ERP Site and / or who has given the consent to the Merchant to be registered with Cyrstal ERP.

"Rewards" – these are points, bonuses, discounts and other offers that are provided by the Merchant to the Users and which act exclusively in the shops of such Merchants.

"User Account" – a collection of user data stored in a computer system, necessary for his/her identification (authentication) and the provision of access to his/her personal data and settings in Cyrstal ERP and which is assigned a unique identifier, ID-code, stored in the Cyrstal ERP database.

"Personal information" – information provided by the Merchant and / or User during registration (obtaining personal password / login), and at the creation of the User Account.

"You / Yours" refers to the User or the Merchant (where appropriate).

Use of the Site and Services

The description of the Services provided by Cyrstal ERP, as well as the links to the Applications is listed on the Site. In accordance with these Terms of Use, you can use the services independently and can not use them on behalf of and / or in the interest of third parties.

Using the Site and browsing the Content does not require registration.

The User can start using Cyrstal ERP without establishing a User Account, by telling the Merchant his/her e-mail address; but to use certain features of the Applications, one must be registered with the Cyrstal ERP and create a User Account. By this, You guarantee that the registration information provided by You (including, among others, Your name ("User Name"), e-mail address and password that You will use to access Cyrstal ERP, is provided in good faith and does not infringe the rights of third persons. Failure to comply will be considered a violation of these Terms of Use, which may lead to the immediate deletion of your User Account from Cyrstal ERP.

The User can use the Application without confirming the e-mail address he/she specified (provided). The confirmation of the e-mail addresses can be completed at a convenient time, and is a prerequisite for the use of rewards accrued to him/her, if any.

The use of the information obtained during the registration process is governed by the Privacy Policy.

Persons under 13 years of age (or under another age established by law in the relevant jurisdiction) may not use Cyrstal ERP. Persons under the age of majority, may use Cyrstal ERP, with or without registration, only with the approval of a parent or guardian, unless otherwise provided by the law in the relevant jurisdiction.

Your use of Cyrstal ERP does not imply any responsibility by Cyrstal ERP for the accuracy, availability, and reliability of any information, content, products, data, opinions, advice or statements that have become available due to the use of Cyrstal ERP. This means that using Cyrstal ERP, You alone are responsible for the information that has become available due to You, including text, photos, messages and other types of information, as well as compliance with all regulations and laws that may govern such a placement, publication, notification etc.

The decision on the purchase of goods and / or agreement with the terms of receipt of Rewards offered by the Merchant are taken by Users independently and do not involve any direct or indirect approval and / or recommendations, as well as control, on the side of Cyrstal ERP.

All claims, including claims related to any information, content, products, data, opinions, advice, statements, etc., made available in connection with the use Cyrstal ERP, shall be presented to the person who placed and / or published such information in Cyrstal ERP. In such cases, Cyrstal ERP does not purport a proper party in the event of any dispute, controversy, conflict, and conflict resolution. Cyrstal ERP reserves the right, but not the obligation, to participate in and / or contribute to a just settlement of such disputes, disagreements, and conflicts, as required by law or the business practice.

User Account, password, and security

At registration, You yourself decide the information You want to tell about yourself. At the time of the registration of Your User Account, the system assigns You a unique ID-code to identify You as a Merchant and / or User. Cyrstal ERP does not require your real name to use as the User name, but can ask the Merchant to provide information about its business, for example, such as the name of the business, its address, business phone number, tax identification number (or other similar identification number), including other information which can also be considered public, according to the law in force on the territory where the Merchant conducts his/her activity.

Below are listed some obligations that you take up at registration and which are required for the registration of your User Account:

Do not create a User Account for other persons without their permission.

Do not use personal information of any person with the intent to impersonate that person.

Do not use a nickname that is offensive, vulgar, obscene or illegal.

If your account will be blocked, do not create another one without permission from Cyrstal ERP.

Persons under the age of 13 (or under another age prescribed by law in the relevant jurisdiction) may not use Cyrstal ERP.

The minors may be limited in using Cyrstal ERP unless otherwise provided by the law in the relevant jurisdiction.

You shall specify precise information when creating a User Account in order to avoid errors when using Cyrstal ERP, as well as for maintaining appropriate relationships between the Merchant and the User.

You will not grant access to Your User Account to unauthorized persons and will not perform any other actions that may endanger the safety of Your User Account.

When You are choosing a user name or a similar means of identification for Your User Account, You agree that the User Account can be removed or have restricted access (for example, if the owner of a trademark (brand) complains about the person who violates his rights and interests by using his/her User Account the name of a known brand or trademark).

Immediate identification, which may imply the exchange of personal data of the Merchant and / or User, occurs in real life, at the time of the sale of goods and services, in accordance with the requirements of the law and / or business practice, while for the purposes of using Cyrstal ERP there is no need in personal identification.

The information provided by the Merchant and / or User when creating User Accounts and receiving individual password / login may include the name, nickname, gender, company name, e-mail address, mobile phone number, work phone number, the address of the websites, photos and / or other information covered by the Privacy Policy. This information is provided on a voluntary basis in order to acquaintance the Merchant and the User for purposes of further cooperation on terms that they choose and to which they agree independently.

You agree that Your User Account may be removed or have restricted access in the case of bad-faith use of Cyrstal ERP, as well as other cases in accordance with these Terms of Use and / or provided for by law, or public morality.

The data provided by You to register the User Account can be changed to your liking, with the exception of the email address specified at the registration of Your User Account.

If you forget the password of your User Account, You can restore it by following the instructions sent to you by SMS ore-mail, at the address provided during Your registration. If the access to the e-mail specified during the User Account registration, for whatever reasons, is limited or not possible, then the password for this account can not be subject to recovery.

You bear the sole responsible for the maintenance and security of Your password and / or mobile device, and You alone are responsible for all activities that involve Your User Account.

You agree that, by providing any information when using Cyrstal ERP, You confirm that You have that right. In this case, you will automatically pass to Cyrstal ERP the non-exclusive, royalty-free and perpetual license, without territorial restrictions, to use this information in any manner (including, without limitation, editing, copying, modifying, transferring, reformatting, using for other materials, making derivative works, advertising, mass distribution and publishing of the content, in part or in whole, in any format or carrier).

User Account information may be disclosed to a third party, if the third party lodges a reasoned complaint, in accordance with the legal requirements, that such information violates its copyright, right to confidentiality and / or legal requirements. For more information about the disclosure of personal information please see our Privacy Policy.

You acknowledge and accept the lack of guarantees related to round the clock access to Your Cyrstal ERP User Account, as well as the Cyrstal ERP quality, accuracy, functionality, efficiency, due to unforeseen circumstances, scheduled maintenance works or for any other reason.

You can report the unauthorized (without your knowledge) use of Your Cyrstal ERP User Account or any other breach of security by contacting the support or using the feedback form. In this case, depending on the circumstances, measures are taken to either lockout or remove Your User Account.

You can also complain about the owner of a User Account (for example, Merchant) if it does not correspond to reality. The number of complaints, in this case, is not the determining factor for carrying out any action in relation to a User’s Account; it is taken into account the validity of claims based on the violations of the law, business practices, dictates of public conscience.

If You download or use the Cyrstal ERP app, then You agree that from time to time, the application can download and install updates in order to improve and further enhance the quality of the work.

Rewards

Cyrstal ERP allows Merchants and persons authorized by the Merchant to edit and correct data about their items, services and / or Cyrstal ERP activities, using and self-modeling a system of Rewards for the Users, hence between the Merchant and the Users arise relationships based on terms accepted by them individually, to agree or disagree with which is the exclusive right and responsibility of each party.

All the Rewards, available in relation to the use of Cyrstal ERP, are provided directly by the Merchant responsible for the given Rewards and are guaranteed exclusively for the corresponding goods or services by the given Merchant. The User can benefit of accumulated Rewards only at the Merchant who provided that for him/her.

The Merchant who provides the Rewards shall be fully and solely responsible for ensuring the guaranteed conditions for the Users to receive the Rewards.

You agree and are taking into account the fact that Cyrstal ERP shall not be liable: a) if the Merchant, for any reason, refuses or is not able to fulfill the promise, and b) if the User has not been accrued rewards in connection with incorrectly specified information during the registration of the User Account.

Merchant Account can be deleted, changed or blocked, either temporarily or permanently, with or without prior notice in the case of the existence of facts supporting the violation of the laws in the relevant jurisdiction. In this case, the Merchant is solely responsible for the violations he/she has committed.

The above condition does not exclude the possibility of a User to lodge a complaint with the Cyrstal ERP Support, but also does not guarantee its satisfaction, as for the settlement of any contentious relationship of the Merchant and User there can be provided a special settlement procedure. This also means that the relationships of the Merchant and / or User are based on the principles of fairness, reasonableness and / or the business practices, and in specific cases, on the basis of norms and provisions of existing laws, where the Merchant and the User are only accountable to one another.

Mobile services and notifications

Cyrstal ERP includes certain features that are available via your mobile device, including (I) the ability to download mobile Cyrstal ERP App, (II) the opportunity to get acquainted with the functioning of Cyrstal ERP software, (III) the ability to access certain Cyrstal ERP features via mobile Application.

When using mobile devices, personal computers, tablets, and other devices that allow the use of Cyrstal ERP, You shall take into account the quality of the services by the Internet service provider, the Internet speed. The Internet connection tariff and speed are determined by the Internet provider You chose.

You understand and agree that by using Cyrstal ERP, you can be subject to sending text messages, push-notifications (brief notifications popping-up on your mobile phone, informing about events and updates), and / or other notifications and that certain information about your use of mobile communications can be passed to Cyrstal ERP.

Cyrstal ERP does not favor spam. Customers / Merchants using Cyrstal ERP can be notified regarding the accrual / writing off of rewards, site updates, and maintenance works, as well as other notifications.

Users may opt out of any notifications by Merchants by following the steps outlined in such notifications, or using the Cyrstal ERP application settings.

Merchant undertakes to use in good faith the opportunity of informational notification, that is not to abuse of such opportunity, and / or otherwise harass the User.

Notifications and alerts sent by the Merchant shall comply with the Advertising Policy, as well as other rules and / or laws of the relevant jurisdiction for the violation of which the Merchant bears personal responsibility.

The unwanted use or misuse of Cyrstal ERP possibilities can lead to an immediate lockout or deletion of the Merchant and / or User Account without any reciprocal obligation for such actions. Otherwise, you assume any liability, if any.

The fee for the use of Cyrstal ERP

Using Cyrstal ERP is free of charge. However, this does not mean that a fee for the use of Cyrstal ERP or its parts will not be charged now and in the future.

Bona fides

You understand that the responsibility for all the information, including data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately posted, falls on the person who provided such Content. This means that You are responsible for all the Content that You, including, but not limited to, upload, post, email or otherwise transmit using Cyrstal ERP.

Using Cyrstal ERP, you should not violate, in any way, the rights and interests of third parties protected by law. You understand and agree that no one can derive benefits from his/her illegal or dishonest behavior.

Merchant and User interaction by means of Cyrstal ERP should be based on honesty, good faith, rationality and respect for the interests of the other party.

For example, the Merchant’s good faith in giving the promised rewards to the Users can be defined as "an honest purpose" and "sincere desire" to fulfill promises.

When User are registered with the Cyrstal ERP POS loyalty program by the Merchant, the latter guarantees the voluntary consent of such Users to participate in the Cyrstal ERP loyalty program, including their acceptance of the Terms of Use and Privacy Policy and accepts full responsibility, if any, regardless of the circumstances that caused it, in relation to such registration.

Under no circumstances is Cyrstal ERP responsible for any materials posted by Merchants and / or Users, including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of misuse of such Content via Cyrstal ERP and / or third parties.

If you become aware of any violations that may be considered offensive, indecent or objectionable, violating Your rights, as well as the rights and interests of third parties, you may submit a reasoned appeal to Cyrstal ERP support service, describing the relevant facts. In this case, Cyrstal ERP has the right (but not the obligation), in its sole discretion, to take appropriate actions, depending on the circumstances.

In the case of misuse, You agree to indemnify Cyrstal ERP any damages on the basis of the claims, and the costs of court decisions related to compensation and the payment of taxes or other mandatory payments, material and moral damages, and other costs (including, but not limited to, attorneys' and other professionals’ fees), arising out of or in any way connected with Your use Cyrstal ERP, due to Your violation of these Terms of Use or violation of any rights of any other party.

Prohibited uses

You agree that you will not use Cyrstal ERP to perform any type of illegal activity or to take any action that may adversely affect Cyrstal ERP. You agree to shy away from the following activities, as well as involving a third party into that, namely: (1) attempts to gain unauthorized access to Cyrstal ERP or other User / Merchant Accounts, (2) attempts to circumvent any security features, (3) actions aimed at violating the laws or these Terms of Use, Privacy Policy and Advertising Policy (4) reproduce, duplicate, copy, sell or resell Cyrstal ERP for any purposes whatsoever, (5) participate in any activity that is offensive or prevents / impedes Cyrstal ERP to progress. If your account has been blocked or the access to it has been limited, you agree not to carry out any action to circumvent such blocking. It is prohibited to use Cyrstal ERP in conjunction with any agreements related to illicit goods and / or services.

In the case of violation of the above conditions, You agree and bear in mind that Your account may be temporarily blocked or permanently deleted, or otherwise limited to use Cyrstal ERP, without any reciprocal obligations on the part of Cyrstal ERP.

Intellectual property rights

You acknowledge and agree that Cyrstal ERP may have Content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws governing such legal relations.

Except as expressly provided by the Terms and Conditions, You agree not to use such Content in bad faith, in whole or in part, including, but not limited to, because such use would be in direct violation of copyright rights and interests, the rights and interests of other Users and / or Merchants.

Any use of Cyrstal ERP, except as specifically stated in these Terms of Use, is prohibited. Technology and computer software, applications, content, design, images and the like underlying or relating to Cyrstal ERP, are protected by copyright and other laws. You agree not to carry out the following actions, namely: copy, modify, create derivative works of, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense or otherwise transfer rights to Cyrstal ERP. Any rights not expressly granted herein are reserved to Cyrstal ERP. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for Cyrstal ERP products or parts thereof.

By posting on the Site or Cyrstal ERP application information on trademarks and other data protected by copyright, You represent and warrant the availability of appropriate rights for this placement.

Third-party websites

Cyrstal ERP may contain links to other sites and resources on the Internet, and such sites or resources could conceivably contain links to the Cyrstal ERP Site. The Terms of Use and Privacy Policy of Cyrstal ERP do not apply to such sites or resources; those are governed by the terms of use and privacy policies of such sites or resources. When you go to the sites and the resources of third parties, you do so at your own risk. You agree and acknowledge that Cyrstal ERP cannot and is not responsible for the content, functions, accuracy, legality, suitability and other parameters of such sites or resources. The presence of any such link does not imply endorsement or recommendation by the Cyrstal ERP to use them. You understand and agree that Cyrstal ERP bears no direct or indirect responsibility for any loss or damage caused or allegedly caused by the use or reliance on any content, goods or services available on such third party site or resource.

Any agreements which actually occur between the Merchants and Users, resulting in the use of Cyrstal ERP loyalty programs, are carried out voluntarily and at your own risk, for which Cyrstal ERP is not liable for any losses or claims, if any.

Use of cookies

Please note that by using Cyrstal ERP, You agree that we may use cookies in accordance with the terms of Cookies Policy.

Cookies – these are small files consisting of letters and digits that are downloaded onto your computer or mobile device when you visit the Site or use a Cyrstal ERP application. Then the cookies are sent back to the website each subsequent visit, or to any website that recognizes the cookie. The use of cookies is convenient, anonymous and does not contain any personal information about You.

Disclaimer of Warranties

THE USE OF THE Cyrstal ERP SOFTWARE IS CARRIED OUT AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE USE OF Cyrstal ERP DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF Cyrstal ERP DOES NOT PROVIDE ANY WARRANTIES THAT (I) Cyrstal ERP WILL MEET ALL YOUR REQUIREMENTS, (II), Cyrstal ERP WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING Cyrstal ERP, WILL BE ACCURATE OR RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS USING Cyrstal ERP WILL MEET ALL YOUR REQUIREMENTS.

Disclaimer

YOU UNDERSTAND AND AGREE THAT BY USING Cyrstal ERP, YOU ALONE ARE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE Cyrstal ERP; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND / OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM Cyrstal ERP AND / OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING Cyrstal ERP; OR (V) ANY OTHER MATTER RELATING TO THE USE OF Cyrstal ERP.

The above conditions are caused by the fact that Cyrstal ERP, designed for the convenience and ease of the User–Merchant relationships is not a guide to action, and does not control the good faith of its use; therefore, the use of the functionality and capabilities of Cyrstal ERP is the sole responsibility of the User and the Merchant, individually.

Disputes

Cyrstal ERP does not welcome any disputes between Users and Merchants, which lead to differences in the use of Cyrstal ERP, but does not exclude the possibility that such may occur.

You agree that by using Cyrstal ERP, You shall be solely responsible for any action in relation with such use.

In the event of a disputed relationship, including the relationship between the Merchant and the User, Cyrstal ERP bears no responsibility or liability with regard to any party in their decision. However, Cyrstal ERP reserves the right, but not the obligation, to participate in any of these disputes aiming to achieve reconciliation, to seek the truth and justice, as well as to bring to justice the responsible ones, if any. Support and feedback Please contact us at info@cyrstalerp.co.ke, to receive answers to your questions or to make suggestions.