Terms and Conditions
POINT OF SALE SOFTWARE
End User License Agreement (EULA)
PLEASE READ THIS SOFTWARE
LICENSE CAREFULLY BEFORE USING YOUR POINT OF SALE SOFTWARE FROM IT'S LOLLY
BY USING THE
SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU
DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
This EULA, which takes
immediate effect on the date of acceptance by means of a click-through, is made
between It's Lolly Limited, Unit 3, Century Drive, Braintree, CM77 8YG, United Kingdom (“IT'S LOLLY”) and the entity designated
by the registration data provided herewith (“LICENSEE”). This EULA applies to
LICENSEE’s rights to use of software downloaded from ITSLOLLY.COM and
ITSLOLLYHQ.COM and LICENSEE’s rights to use services provided by IT'S LOLLY.
acknowledges that all copyright and other intellectual property rights in
respect of IT'S LOLLY, LOLLYPOS software, LOLLYHQ services and any variation
thereof ( ‘SERVICES’) are vested with It's Lolly Limited incorporated under the
Companies Act 2006 and registered in England & Wales with its registered
office at Unit 3, Century Drive, Braintree, CM77 8YG, United Kingdom (Registration Number 07111848) and that no rights to use or
deal with the SERVICES or any part thereof are conferred on the LICENSEE or any
of the LICENSEE’s employees, contractors or agents, save as specified in these
IT'S LOLLY RESERVES
THE RIGHT TO MODIFY THIS EULA BY PROVIDING NOTICE OF CHANGES ON THE
AGREES TO PERIODICALLY INSPECT THE ITSLOLLY.COM WEBSITE TO STAY INFORMED ABOUT
AGREES THAT THE LICENSEE’S CONTINUED USE OF THE ITSLOLLY SERVICES AFTER SUCH
CHANGES ARE ANNOUNCED CONSTITUTE ACCEPTANCE OF SUCH CHANGES.
AGREES THAT THE ITSLOLLY SOFTWARE AND ITSLOLLY WEBSITE SERVICES ARE PROVIDED
ANY USE OF THE ITS
LOLLY SOFTWARE AND IT'S LOLLY WEBSITE IS AT LICENSEE’S SOLE AND ABSOLUTE RISK.
IN NO EVENT, WILL
IT'S LOLLY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
LICENSED SOFTWARE OR THE IT'S LOLLY WEBSITE SERVICES, ERRORS IN OR LOSS OF ANY
DATA, EVEN IF IT'S LOLLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LOLLY IS NOT RESPONSIBLE FOR ANY COSTS INCLUDING, BUT NOT LIMITED TO, THOSE
INCURRED AS A DIRECT RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE
SOFTWARE OR SERVICES, LOSS OF DATA, THE COSTS OF RECOVERING DATA, ANY CLAIMS BY
THIRD PARTIES, OR FOR OTHER SIMILAR COSTS.
IT'S LOLLY MAKES NO
WARRANTY OF ANY KIND AS TO THE SUITABILITY OR ADEQUACY OF THE LOLLY POS
SOFTWARE OR LOLLY HQ WEBSITE SERVICES FOR A PARTICULAR PURPOSE OR
ACKNOWLEDGES AND AGREES THAT SHARING OF ITS ACCOUNT INFORMATION, LOGIN
INFORMATION OR PASSWORDS SHALL BE AT ITS SOLE AND ABSOLUTE RISK AND THAT ITS
LOLLY SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING AS A RESULT OF SUCH SHARING.
IT'S LOLLY shall retain the ownership of this copy of LOLLY POS software, LOLLY HQ service website and the documentation provided therewith (referred to as a single entity, or as components, as “the Licensed Software”) which is licensed on a non-exclusive basis for use under the following conditions.
IT'S LOLLY reserves
all rights not expressly granted to the LICENSEE. No rights in the IT'S LOLLY
software or services are granted, whether expressly or by implication,
including, without limitation, any rights in any patents, copyrights,
trademarks or trade secrets embodied therein, except in connection with the
permitted uses expressly described herein. The software, interfaces, content,
fonts, documentation and any reference data are licensed for use only under the
terms of this EULA, not sold, to the LICENSEE by ITSLOLLY.
IT'S LOLLY, at its
discretion, may make future updates to the software running on the LICENSEE’s
IT'S LOLLY shall
not be liable for any loss or damage sustained or incurred by the customer or
any third party through loss or spoiling of data resulting from any maintenance
activity by IT'S LOLLY required or performed under this EULA. IT'S LOLLY will use
reasonable endeavours to put right any such loss of data or programs, but
reserves the right to charge for such work.
remains responsible to ensure adequate virus protection on all parts of the client
system. Any additional software which is downloaded by the LICENSEE, which is not
already preinstalled by IT'S LOLLY, is done at the LICENSEE own risk.
These terms are subject to monthly recurring licence payments (“MONTHLY PAYMENTS”) which are payable in advance via the LOLLY HQ service website. ITSLOLLY must receive payment in full before your time-limited, non-exclusive licence to use the SERVICES is granted.
Each license allows the LICENSEE to use the SERVICES on
the specific terminals requested by the customer at point of purchase.
Following completed MONTHLY PAYMENTS, these terms grant
the LICENSEE time-limited rights to use the SERVICES in one nominated business
at one specified location. These rights may not be assigned, sub-licensed or
made available to any third party or used elsewhere without the prior written
consent of IT'S LOLLY.
IT'S LOLLY may only
be used on electronic devices which are compatible with the SERVICES and listed
on the ITSLOLLY.COM website.
USE/LICENSEE SHALL NOT
(i) Make copies of or further distribute the SERVICES, including copying onto any other medium,
rent, sublicense, lease, resell, or assign the SERVICES,
modify or adapt the SERVICES or the IT'S LOLLY website, including but not
limited to, translating, decompiling, disassembling, reverse engineering, or
creating derivative works,
(iv) Allow the SERVICES to exist on more than one
terminal, or make the IT'S LOLLY software available over a network where it
could be used by multiple devices or multiple computers at the same time,
(v) Export the
SERVICES without the appropriate foreign government licenses and without ITS
LOLLY’s prior written approval,
(vi) Resell, rent
or otherwise provide access to the IT'S LOLLY website services to a third party,
(vii) Take any
action attempting to obtain any other IT'S LOLLY user’s data, cause malfunction,
crash, tamper with or otherwise impair the IT'S LOLLY website and its SERVICES.
To the extent not prohibited by law, in no event will IT'S LOLLY be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the SERVICES however caused, regardless of the theory of liability (contract, tort or otherwise).
In no event shall IT'S LOLLY’s liability to the
LICENSEE for all damages exceed the amount of the LICENSEE’s total payments
made foregoing limitations will apply even if the above stated remedy fails of
its essential purpose.
BY ACCEPTING THIS
EULA, THE LICENSEE EXPRESSLY WARRANTS NOT BEING A ‘CONSUMER’ AS DEFINED IN THE
CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000.
The LICENSEE agrees to pay the MONTHLY PAYMENTS in advance as set out in the Account & Billing section on the LOLLY HQ service website. Failure to comply with or otherwise pay fees due is a material breach of this EULA.
By using the
SERVICES, the LICENSEE grants permission for IT'S LOLLY to use the data solely
for the purposes of providing access the LOLLY HQ account, improving and
maintaining the IT'S LOLLY website services, and IT'S LOLLY analytical services
where anonymised data is aggregated without being readily reverse engineered
into personally identifiable information.
The LICENSEE shall assume full responsibility for correct handling of personally identifiable information that it inputs and manages on the SERVICES:
(i) Any use of
(ii) The LICENSEE
shall indemnify and hold harmless IT'S LOLLY from any claim alleging that
personal information stored on IT'S LOLLY’s systems was improperly used where
such use was by the LICENSEE while such information was stored on IT'S LOLLY or
any use after the LICENSEE has exported such data.
The LICENSEE may terminate this license at any time. IT'S LOLLY, in its sole discretion, has the right to suspend or terminate this license and the LICENSEE’s account and refuse any and all current or future use of the SERVICES for any reason at any time if the LICENSEE does not comply with this EULA.
THE LICENSEE MUST EXPORT ITS ACCOUNT DATA PRIOR TO TERMINATION OF THE SERVICE. IT'S LOLLY SHALL NOT BE RESPONSIBLE FOR THE LICENSEE’S ACCOUNT DATA AFTER TERMINATION.
person assenting to this EULA represents and warrants that it has the due right
and power to enter into this EULA, entering into this EULA will not cause the
breach of any agreement the LICENSEE has with a third party and that all of the
registration information provided to IT'S LOLLY is accurate in all respects.
These terms shall be governed by English Law. All Users submit to the exclusive jurisdiction of the English courts for any matter or dispute arising in relation to this EULA.