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PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING TO BECOME A MERCHANT USER IN OYALO'S MERCHANT PROGRAM AND BY CLICKING ON THE «I AGREE» BUTTON ON OUR WEBSITE LOCATED AT http://oyalo.com/sign-up
THE ENTITY IDENTIFIED ON THE MERCHANT USER ENROLLMENT PAGE («YOU», «YOUR», «MERCHANT») UNDERSTANDS THAT IT IS APPLYING TO BECOME A MERCHANT AS DESCRIBED BELOW, SUBJECT TO OYALO'S APPROVAL. YOU ALSO ACKNOWLEDGE THAT YOU HAVE THE AUTHORITY TO BIND MERCHANT TO THE TERMS AND CONDITIONS OF THIS MERCHANT AGREEMENT, YOU HAVE READ IT, UNDERSTAND IT, AND, IF ACCEPTED AS A MERCHANT, MERCHANT AGREES TO BE BOUND BY THE TERMS SET FORTH IN IT. OYALO WILL NOTIFY YOU IF YOU HAVE BEEN ACCEPTED AS A MERCHANT AND AT WHICH TIME, THIS MERCHANT AGREEMENT WILL BECOME A VALID AND ENFORCEABLE AGREEMENT BETWEEN YOU AND OYALO.
This Merchant Agreement, together with our Terms of Service (collectively, the «Agreement») located at http://oyalo.com is a legal agreement between you and Oyalo Inc. («Oyalo», «we», «our») governing your use of our POS Application, platform, and equipment, including the Sensor Set, and all of Oyalo's mobile applications, our website www.oyalo.com (the «Site») and software services (collectively, the «Service»). In connection with your use of the Service, you will be required to set up an online account («Oyalo Account») that will be governed by our Terms of Agreement. Merchant is responsible for the use and access of the Service by any individual who is an employee of Merchant or such other Merchant contractor as may be approved by Oyalo in writing («Authorized Users») pursuant to Merchant's rights under this Agreement and that such Authorized Users comply with the terms and conditions of this Agreement.
This limited Hardware Warranty extends only to Merchant as original purchaser (from Oyalo or a distributor) unless otherwise agreed upon in writing. The foregoing Hardware Warranty shall not apply if the defective Oyalo Platform (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Oyalo, (ii) has been repaired or altered by persons other than Oyalo, (iii) has not been installed, operated, repaired and maintained in accordance with any associated documentation provided by Oyalo, or (iv) has failed as a result of its being used with third party hardware or software which use has not been previously approved in writing by Oyalo. In addition, the foregoing Hardware Warranty shall not apply to Oyalo Platforms marked or identified as «demos.» Merchant further acknowledges and understands that Oyalo is not the manufacturer of the Peripheral Hardware that may be purchased by Merchant hereunder and the only warranties offered for such products are those of the manufacturer, not Oyalo. In purchasing the Peripheral Hardware, Merchant is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Oyalo.
THIS HARDWARE WARRANTY COVERS HARDWARE DAMAGES RESULTING FROM MANUFACTURING DEFECTS AND NOT DUE TO NORMAL WEAR AND TEAR. Merchant´s sole and exclusive remedy shall be, at Oyalo´s sole option, either repair or replacement of the Oyalo Platform´s parts by Oyalo. Oyalo may use refurbished parts for warranty repairs. Merchant should notify Oyalo concerning any noticeable malfunction of or damage to a Oyalo Platform during the Hardware Warranty period. Upon return to Oyalo of any malfunctioning or defective Oyalo Platform, if during the Hardware Warranty and determined by Oyalo that the defective Oyalo Platform is covered by the Hardware Warranty, Oyalo shall promptly repair or replace such Oyalo Platform at no cost to Merchant (other than reasonable shipping costs). If a Oyalo Platform malfunctions, becomes defective or is otherwise damaged outside of the Hardware Warranty period or is otherwise not covered by the Hardware Warranty, Merchant can notify Oyalo concerning any noticeable malfunction, defect or damage to the Oyalo Platform. Upon return to Oyalo of any malfunctioning or damaged Oyalo Platform, Oyalo will notify Merchant of the costs to repair such malfunctioning or damaged Oyalo Platform (using new or refurbished replacement parts), and upon payment of such repair costs by Merchant, Oyalo shall promptly repair such Oyalo Platform. The repair or replacement of the Oyalo Platform or its components does not provide Merchant with new or additional warranty terms, nor does it extend the original terms of this Hardware Warranty. Any replaced components of the Oyalo Platform shall become the property of Oyalo. Oyalo has the right to deliver a comparable replacement in case Oyalo discontinued producing that particular product or version at the time of the claim
While this Hardware Warranty is provided by Oyalo, if you purchased the Oyalo Platform from a Oyalo distributor, the warranty obligations are fulfilled by the distributor who sold you the Oyalo Platform. However, no such distributor or any other entity, dealer, agent, or individual is authorized to make any modification, extension, or addition to this Hardware Warranty.
EXCEPT FOR THE HARDWARE WARRANTY DESCRIBED ABOVE, NO OTHER WARRANTIES OR CONDITIONS ARE MADE WITH RESPECT TO THE PP SETS, AND OYALO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply.
Additional Terms. You understand and acknowledge that your use of the POS Application our Service in connection with the PP Sets are subject to the additional terms contained in our Terms of Agreement incorporated by reference into this Merchant Agreement, which together comprise the Agreement between you and us, including, but not limited to, the warranties & disclaimers, release, limitation of liability, indemnification and miscellaneous provisions contained therein, certain of which provisions will survive any termination of this Agreement as further set forth in our Terms of Service. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.