refresh icon

Terms and Conditions for Smart One Merchant Portal

___ November 2024

These Terms and Conditions (“Terms”) govern the Merchant’s use the Service that provided by SO POS Innovative Technologies Limited (3 Cavendish Row, Dublin1, D01 A2T5, Ireland).

These Terms come into force for the Merchant when the Profile is created on the Smart One Merchant Portal. The Merchant when creating the Profile on the Merchant Portal is considered as one who has read and accepted these Terms.

By using these Terms the Merchant agrees to be bound by all other terms and policies applicable to the Merchant’s use of the Service, as well as the user documentation that SO POS Innovative Technologies Limited may make generally available in its websites in conjunction with the offering of the Service.

If the Merchant is using the Service on behalf of any entity, the Merchant represents and warrants that the Merchant is authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to SO POS Innovative Technologies Limited if the Merchant violates these Terms.

1. Definitions

“Smart One Merchant Portal or Merchant Portal” means resource of SO POS Innovative Technologies Limited via which the Merchant can submit payment credentials, other details and information, orders to banks and other financial institutions to initiate, accept or effect payments, and use for access to applications provided by SO POS Innovative Technologies Limited.

“Merchant” means any individual or company which has a Profile and uses it for business purposes.

“Profile” means the Merchant’s user account with SO POS Innovative Technologies Limited which is created after the Merchant registers on the Merchant Portal.

“Service” means arrangement and technical maintenance for transmission of payment credentials, other details and information, orders to banks and other financial institutions to initiate, accept or effect payments, and for access to applications provided by SO POS Innovative Technologies Limited.

“Third Party” means a company that has been authorised to provide payment and other services to the merchants.

2. Use of the Service

2.1. The Merchant shall register for the Profile on the Merchant Portal to access and use the Service. When registering for the Profile, the Merchant cannot create an account name that incorporates a trademark without authorization from the trademark owner. Each registration is for a single the Merchant only. The Merchant is not allowed to share registration login credentials or give login credentials to anyone else.

2.2. SO POS Innovative Technologies Limited reserves the right to block/delete/temporarily suspend the Profile at any time if there is a suspicion of the Service being used for the wrong reasons.

2.3. The Merchant undertakes to:

  • (a) comply with all applicable law relating to the Service;
  • (b) cooperate with requests by SO POS Innovative Technologies Limited and/or Third Party for information in specific situations that require further investigation in relation to the Service and payment services;
  • (c) provide accurate, current, and complete information and correct that information where it is known to be incorrect or incomplete;
  • (d) maintain and promptly update the Merchant’s information;
  • (e) maintain the security of the Merchant’s login credentials and accept all risks of unauthorized access to the Profile and the information the Merchant provides to SO POS Innovative Technologies Limited and/or Third Party;
  • (f) promptly notify SO POS Innovative Technologies Limited and/or Third Party if the Merchant discovers or otherwise suspects any security breaches related to the Merchant Portal.

2.4. The Merchant must not use the Merchant Portal:

  • (a) unlawfully or for any unlawful purposes (for example, to fund criminal activities); or
  • (b) in a way that the Merchant can reasonably be expected to believe might harm SO POS Innovative Technologies Limited, other customers, or SO POS Innovative Technologies Limited ability to provide the Service.

2.5. Without SO POS Innovative Technologies Limited prior written consent, the Merchant shall not:

  • (a) provide any third party with the opportunity to use the Service (for rent, lease or otherwise);
  • (b) access or monitor any content, material or information on any SO POS Innovative Technologies Limited system manually or by automated means such as robots, spiders, scrapers, etc.;
  • (c) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way content, material or information of SO POS Innovative Technologies Limited;
  • (d) violate the restrictions in any robot exclusion headers on the Merchant Portal, work around, bypass or circumvent any of the technical limitations of the Merchant Portal, use any tool to enable features or functionalities that are otherwise disabled in the Merchant Portal, or decompile, disassemble or otherwise reverse engineer the Merchant Portal, except to the extent that such restriction is expressly prohibited by law; or
  • (e) use the Merchant Portal for the purposes different from the purpose allowed under these Terms;
  • (f) take action that imposes an unreasonable or disproportionately large load on the Merchant Portal or other SO POS Innovative Technologies Limited infrastructure;
  • (g) do anything that could disable, damage or change the functioning or appearance of the Merchant Portal, including the presentation of advertising; and
  • (h) perform text and data mining activities.

2.6. SO POS Innovative Technologies Limited and/or Third Party may require the Merchant to give information, documents or other help if SO POS Innovative Technologies Limited reasonably needs it in order to carry out checks in relation to the Merchant, such as checking the Merchant’s identity.

2.7. SO POS Innovative Technologies Limited and/or Third Party may also require the Merchant to give information, documents or other help at other times, where it is reasonable for them to do so. Where SO POS Innovative Technologies Limited and/or Third Party require the Merchant to give information or documents, the Merchant must give accurate and complete information and documentation in response, as far as the Merchant reasonably can.

2.8. SO POS Innovative Technologies Limited may, as we reasonably think appropriate, report any suspicious activity and cooperate with any relevant law enforcement agency or regulator in relation to the Merchant’s receipt of the Service.

2.9. SO POS Innovative Technologies Limited may temporarily stop providing the Service:

  • (a) while it carries out routine maintenance on it or systems SO POS Innovative Technologies Limited uses to provide it as briefly as it reasonably can;
  • (b) if and for so long as it has to by law; or
  • (c) as otherwise allowed in these Terms.

2.10. SO POS Innovative Technologies Limited will perform its obligations under these Terms on a best-effort basis, and the Service is made available on an “as-is'' and “as available” basis.

2.11. SO POS Innovative Technologies Limited expressly does not guarantee that the Merchant Portal will be secure, error-free, virus-free, bug-free, or free from any other kind of interruptions.

2.12. It is the Merchant’s responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy the Merchant’s particular requirements as to the safety and reliability of the Merchant Portal.

2.13. SO POS Innovative Technologies Limited reserves the right to change any and all content contained in the Merchant Portal and to modify, suspend, or discontinue the Merchant Portal or any features or functionality of the Merchant Portal at any time without notice and without obligation or liability to the Merchant.

2.14. The Merchant consents to receive notifications from SO POS Innovative Technologies Limited electronically to the e-mail address the Merchant provides to SO POS Innovative Technologies Limited. The Merchant agrees that all notices and other communications that we provide to the Merchant electronically satisfy any legal requirement that such communications be in writing.

3. Intellectual property rights

3.1. The intellectual property rights in the Merchant Portal, including but not limited to software solutions, databases, inventions, utility models, industrial designs, trademarks, patents, topographies of integrated microcircuits, and all other exclusive and non-exclusive rights worldwide as may now exist or come into existence are the property of SO POS Innovative Technologies Limited and/or its affiliates, which have the right to make the necessary changes, fine-tuning, reworking and modifying the products.

3.2. SO POS Innovative Technologies Limited will not transfer the intellectual property rights to the Merchant unless the Parties agree otherwise in writing.

4. Liability

4.1. The Merchant will hold harmless and indemnify SO POS Innovative Technologies Limited and its affiliates, officers, agents, and employees from any claim, action, or proceedings arising from or related to the use of the Merchant Portal or violation of these Terms, including any liability or expense arising from claims, losses, damages, judgments, litigation costs, and legal fees.

5. Fees and Taxes

5.1. SO POS Innovative Technologies Limited has the right to charge fees for access to the Service.

5.2. The Merchant must pay all fees incurred through his/her Profile at the rates in effect for the billing period in which such fees are incurred. All fees and charges will be billed to and paid for by the Merchant.

5.3. The Merchant shall be liable for determining, collecting, withholding, reporting and remitting to the appropriate tax authorities any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of the Service. If required to do so by a law or a government authority, SO POS Innovative Technologies Limited shall be authorised to report the Merchant’s Profile details to the relevant authorities.

6. Changes to these Terms

6.1. SO POS Innovative Technologies Limited reserves the right to change, modify or amend these Terms at any time, but will not reduce the level of the Service contained herein.

6.2. These Terms are valid indefinitely until they are replaced by a new version. The current version of these Terms is available on the Merchant Portal and/or on other SO POS Innovative Technologies Limited’s websites.

7. Third Party links

7.1. The Merchant Portal may include links to Third Party websites, plug-ins and applications. SO POS Innovative Technologies Limited does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of these websites, plug-ins and applications.

7.2. By using the Service, the Merchant releases and hold SO POS Innovative Technologies Limited harmless from any and all liability arising from the Merchant’s use of any Third Party websites, plug-ins and applications. The Merchant’s interactions with entities and/or individuals found on or through the Merchant Portal, including payments, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the Merchant and such entities and/or individuals.

8. Privacy Policy and Cookies

8.1. The Merchant may refer to the Privacy Policy for information about how SO POS Innovative Technologies Limited collects, uses, and discloses personal information collected on the Merchant Portal.

8.2. SO POS Innovative Technologies Limited uses Cookies to analyse how the Merchant uses the Merchant Portal and/or other SO POS Innovative Technologies Limited’s websites. Cookies also allow SO POS Innovative Technologies Limited to collect information such as the Merchant’s IP address, browser, email type and other similar details. The Merchant may read our Cookie Terms for more information about Cookies.

9. Miscellaneous

9.1. SO POS Innovative Technologies Limited failure to enforce any provision of these Terms or to respond to a breach by the Merchant or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

9.2. If a provision of these Terms is held invalid or unenforceable for any reason, that provision will be deemed severable and must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected and those provisions will remain in full force and effect.

11. Language

11.1. The English language version of these Terms shall be binding. Any translation or other language version of these Terms shall be provided for convenience only. In the event of a conflict between the English version and any translation or other language version of these y Terms, the English language version shall prevail.

12. Governing Law

12.1. These Terms and all disputes and claims arising out of or in connection with them are governed by laws of Ireland. The parties irrevocably agree that the courts of the Republic of Ireland have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms or the Service (including their subject matter or formation).