Helcim Card Reader Terms
Last Updated May 31, 2020
These Helcim Card Reader Terms (the "Terms") are the terms that apply to the use of the Helcim Card Reader (as defined below). If you use the Helcim Card Reader, you accept and agree to these Terms, which form part of your agreement with Helcim Inc. (Helcim USA. Inc. if you are in the United States) ("Helcim", "we", or "us") and any updates or modifications made to these Terms from time to time by Helcim. Do not accept these Terms, purchase or use the Helcim Card Reader if you are prohibited from doing so under any applicable laws.
Relationship to Other Agreements
The Helcim Terms of Service are incorporated into these Terms. To the extent these Terms conflict with the Helcim Terms of Service, these Terms shall prevail, but only as applicable to the Helcim Card Reader.
The "Helcim Card Reader" includes all the physical point of sale devices and accessories, including components and spare parts. The Helcim Card Reader also includes
- product or service documentation;
- any software or firmware installed on, or distributed with the Helcim Card Reader ("Included Software"); and
- any other software, documentation or technologies that Helcim may elect to provide to you, or provide access to.
Other capitalized terms not defined in these Terms have the definitions as set out in the Helcim Terms of Service.
Your order checkout page shows the amount that you agree to pay to us via electronic funds transfer from your Bank Account in the amounts and schedule indicated during checkout.
We will ship the Helcim Card Reader using a carrier selected by us. Your order checkout page shows your shipping method, estimated time and any shipping fees. The Helcim Dashboard will provide a tracking number for more up-to-date shipping information. While we will try to meet your dispatch and delivery dates, we may be unable to do so in the event of low inventory. In addition, many events beyond our control can affect the delivery of your Helcim Card Reader after we provide them to the carrier. Therefore, we are not liable for late shipment or delivery or any loss, damage or penalty you incur from any delay in shipment or delivery. Notwithstanding the foregoing, risk of loss and title for the Helcim Card Reader passes to you upon delivery to you.
If you are not fully satisfied with your purchase, you may return your Helcim Card Reader within thirty (30) days of delivery, in their original condition and packaging, and enclosing the original packing slip. We will refund your purchase price in full and cover the cost of return shipping. You must return all Helcim Card Readers, cords, cables, parts and documentation that were included with the original package. Refunds will be applied to the original purchase method upon receipt and inspection of the returned card reader at our deployment center Only Helcim Card Readers purchased directly from Helcim can be returned to Helcim.
While it is unlikely, it is possible that we may be unable to manufacture or obtain a sufficient supply of Helcim Card Readers. Therefore, we reserve the right to limit or change quantities available for purchase or to cancel your order. If we cancel your order, we will refund your purchase price in full.
Use of the Helcim Card Reader
- You must use the Helcim Card Reader in a manner consistent with the terms of the Helcim Terms of Service, and except as otherwise provided in these Terms, the Helcim Card Reader will be subject to the terms of the Helcim Terms of Service that governs the use of Helcim's Services;
- You may only use the Helcim Card Reader in conjunction with the Services;
- You may only use the Helcim Card Reader for commercial purposes only, and not for personal, family or household use.
You must not and you must not permit any third-party to:
- Modify, disassemble, decompile or reverse engineer the Helcim Card Reader;
- Use the Helcim Card Reader to violate, or in connection with any application, any laws, including with regard to the collection storage, or transmission of Information in violation of any laws; or
- Remove, modify or otherwise tamper with the notices or legends on the Helcim Card Reader.
You may choose, or we may invite you to submit comments or ideas about the Helcim Card Reader. If you submit comments or ideas to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the comments or ideas. You agree that Helcim has no fiduciary or other obligation to you in connection with any comments or ideas that you submit to us, and that we are free to use your comments and ideas without any attribution or compensation to you.
Term and Termination
These Terms will apply until terminated. To do so, you may cease using the Helcim Card Reader (which you may do at any time), and promptly notify Helcim, and these Terms will automatically terminate. If you recommence using the Helcim Card Reader you will once again be bound by these Terms. Helcim may also terminate these Terms immediately by notice to you if one or more of your Helcim Agreements is terminated. Termination of these Terms will not affect any provisions that give rise to an ongoing obligation or limitations.
We have the right to change or add to these Terms at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Helcim Card Reader by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, or through other reasonable means. Other than in respect of certain Fee changes, we will provide you with at least 30 days' advance notice before any changes become applicable to you. You can access a copy of the current terms on our website at any time.
Helcim warrants your Helcim Card Reader against defects in materials and workmanship under normal use for a period of one (1) year from the shipping date. We will replace such defective Helcim Card Reader at no cost to you. However, you must return the defective Helcim Card Reader to us at the designated address and in the designated box, with all accessories, cords, cables, parts and documentation included, within fourteen (14) days of receiving your replacement Helcim Card Reader (the whole process, a "Warranty Return"). In the event you fail to return your defective Helcim Card Reader pursuant to the process and time frame specified by us, the returned Helcim Card Reader is not defective, or you have otherwise not complied with the terms of this agreement, we will charge either your Bank Account or, in some cases, the payment card you provided when you initiated your Warranty Return. A Warranty Return is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the Helcim Card Reader. This limited warranty terminates if you sell, lease or otherwise transfer your Helcim Card Reader. To initiate a Warranty Return, contact Helcim Support.
This limited warranty does not apply to any Helcim Card Reader that has been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of God (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes. This limited warranty does not apply to any third party hardware or accessories ("Third Party Hardware"), any consumable parts, including batteries, or any software, even if resold or included with the Helcim Card Reader. All Third Party Hardware resold or included by Helcim is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance for Third Party Hardware, you should contact the manufacturer directly.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ANY HELCIM OR THIRD PARTY PRODUCT. ACCORDINGLY, HELCIM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, HELCIM LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION AND REMEDY OF THIS LIMITED WARRANTY. IN NO EVENT WILL HELCIM BE LIABLE FOR ANY LOSS OR DAMAGE OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY HELCIM OR THIRD PARTY PRODUCTS, INCLUDING LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF GOODWILL, OR LOSS OF REPUTATION.