Terms and Conditions for Use of Vhuka Point of Sale Software
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING VHUKA POINT OF SALE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.
1. Definitions
“Vhuka POS” or “Software” refers to the Vhuka Point of Sale software, including the mobile application, web app, and any related documentation.
“User” or “You” refers to any individual or entity using the Software.
“Vhuka” refers to the owner and provider of the Software.
2. License Grant
Vhuka grants you a non-exclusive, non-transferable, limited license to use the Software, subject to the terms and conditions of this agreement.
3. Restrictions
You may not:
- Reverse engineer, decompile, or disassemble the Software;
- Modify or create derivative works of the Software;
- Rent, lease, or sublicense the Software;
- Remove any copyright or other proprietary notices from the Software;
- Use the Software for any illegal or unauthorised purpose.
4. Ownership
The Software is the property of Vhuka and is protected by copyright laws and international treaties.
5. Mobile Application
The mobile application may require a compatible mobile device and operating system, as well as Bluetooth connectivity for thermal printing and barcode scanning.
6. Web App
The web app can be accessed through a web browser on any computer operating system without any hardware installation.
7. Updates
Vhuka may, from time to time, release updates to the Software. You agree to install any such updates.
8. Support
Vhuka provides limited support for the Software. For more information, please visit the Vhuka website.
9. Termination
Vhuka may terminate this agreement at any time for any reason.
10. Indemnification
You agree to indemnify and hold Vhuka harmless from any claims, damages, or losses arising from your use of the Software.
11. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
12. Limitation of Liability
IN NO EVENT WILL VHUKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VHUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Governing Law
This agreement shall be governed by the laws of Zimbabwe.
14. Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
15. Severability
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck from this agreement and the remaining provisions shall remain in full force and effect.
16. Waiver
No waiver of any provision of this agreement shall be effective unless in writing and signed by both parties.
17. Notices
All notices under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier, addressed as follows:
If to Vhuka: [Vhuka's address]
If to User: [User's address]
18. Assignment
This agreement may not be assigned by User without the prior written consent of Vhuka.
19. Choice of Law
This agreement shall be governed by and construed in accordance with the laws of Zimbabwe.
20. Arbitration
Any dispute arising out of or in connection with this agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Zimbabwe Arbitration Centre. The seat of arbitration shall be Harare, Zimbabwe. The language of arbitration shall be English.
21. Severability
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck from this agreement and the remaining provisions shall remain in full force and effect.
22. Waiver
No waiver of any provision of this agreement shall be effective
