Megasafe Technology Pte Ltd Terms of Use and Software License Agreement

PLEASE READ CAREFULLY: BY USING OUR SOFTWARE AND SOLUTION, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS IN A LEGALLY BINDING MANNER.

If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Megasafe Technology Pte Ltd and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.

If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not install and use the software.

1. PROPRIETARY RIGHTS AND CONDITIONS:

All rights, title, and interest, including but not limited to copyright and other intellectual property rights, in and to the software are owned by Megasafe Technology Pte Ltd. Such rights are protected by Singapore copyright laws, other applicable copyright laws, and international treaty provisions. Megasafe Technology Pte Ltd retains all rights not expressly granted herein.

You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Megasafe Technology Pte Ltd. Megasafe Technology Pte Ltd reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice.

2. Licences:

Each copy of the software must have its own (separate) license and be registered with Megasafe Technology Pte Ltd. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. This license does not grant any reseller privileges.

3. Optional Cloud/Server Licences:

If a "cloud or server" license is purchased, the software is considered licensed only when it resides on the licensed server, such as Megasafe's AWS account or a permitted physical server, registered with Megasafe Technology Pte Ltd. Each server containing the software, or any portion thereof, must have its own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. This license does not grant any reseller privileges.

4. Disclaimer Of Warranties:

To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Megasafe Technology Pte Ltd specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose.

5. Subscription Period:

The purchase includes a 12-month (1-year) subscription of software usage, starting from the date of portal account creation instead of the day going live.

6. Data Ownership:

The client owns the data generated from using the solution and is responsible for protecting the data from loss and misuse.

7. Refund Policy

Software that is not specifically referred to as "trial software," or that includes the "source code," cannot be returned for a refund. Should you experience a problem with any purchased software, Megasafe Technology Pte Ltd offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you. 

8. Website Images

All images on our website are for illustrative and marketing purposes. For updates on our products and services, kindly contact us for a free demo session.

9. General Disclaimer:

Megasafe Technology Pte Ltd neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc., of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Megasafe Technology Pte Ltd, its officers, and employees will not be liable for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. These policies, terms, and conditions may be subject to change without notice.

10. Quotation/Order Form price

10.1 All prices quoted are in Singapore Dollar only unless otherwise stated.

10.2 All prices quoted are subject to the prevailing GST.

11. Validity

Quotation/Order Form shall be valid for fourteen(days) from the date of Quotation/Order Form issued.

12. Payment Terms

12.1 Fifty per cent (50%) payment upon signed confirmation, full balance payment upon hardware delivery.

12.2 For non-hardware purchase, a hundred per cent 100% payment upon signed confirmation.

12.3 Overdue accounts will result in service suspension. A re-activation fee $500 applies.

13. Delivery Time

Approximately two to four (2–8) weeks for hardware delivery upon receiving of first payment unless otherwise stated. Projects with software/system customizations/special order will be subjected to a longer lead time.

14. Warranty

14.1 Software shall be under twelve (12) months warranty from the date of implementation unless otherwise stated. 

14.2 HP POS system shall be under thirty six (36) months warranty from the date of delivery unless otherwise stated. All other hardware devices shall be under twelve (12) months warranty from the date of delivery unless otherwise stated. Hardware shall be warrantied according to the Manufacturer’s warranty terms and conditions.

14.3 All APPLE products will follow the warranty specified by APPLE policy.

14.4 The warranty does not protect against accidental damage, loss, acts of nature, improper use.

15. Service Level Agreement

For the cloud solution provided by Megasafe, it should follow and expect the service level offered by the cloud server and firewall providers, including but not limited to Amazon Web Service, Digital Ocean, Cloudflare's SLA. More detailed service and design information can be found on their respective websites.

(Only for devices/systems under valid warranty and maintenance)

Reported issues shall be logged into MEGASAFE ticketing system, and handled professionally and timely by MEGASAFE with the following response time:

15.1. Immediate Attention (30 - 60 mins, support methods: phone, web or onsite) A critical component of the POS system is affected with direct business impact. Example: POS system is down and in offline mode.

15.2. High (Within a same business day, support methods: phone, web or onsite)

A component of the POS system is degraded or not working. Example: Slow response times with the POS system or intermittent errors. Receipt printer is not printing.

15.3. Medium (Within 2 to 4 business days, support methods: phone, web)

Non-critical component of the POS system is down with some business impact. There is a workaround the problem. Example: Back office reports are non-functional.

15.4. Low (5 to 7 business days support methods: phone, web)

Non-critical component of the POS system is down with no direct business impact.

Little or no impact or need for immediate attention Example: Cosmetic issues.

There will be a difference between response time and issue resolution time, case to case basis.

Due to the nature of software products, MEGASAFE will not guarantee bug-free products and will not accept customer requests to change/undermine the current software design structure/behaviours.

16. Support Services

Some software and services purchased from Megasafe Technology Pte Ltd may include limited free support (technical support and free updates may be limited to 1 year from the date of the original qualifying purchase). If you require more advanced technical support or customization of software, additional consulting services or a support plan may be required. We reserve the right to change our support policy at any time.

16.1 Twelve (12) months technical support (Mon-Sat till 9am – 9pm, excluding Sunday & public holiday). Onsite visit outside the stated hours is $280/trip.

16.2 Technical support covers only products sold by MEGASAFE only. Excludes network cabling, menu update, network termination, internet connection troubleshooting, software customization, extra training, software customization, extra usage request such as menu reprogramming, etc.

17. Optional items

17.1 Items/services not shown in Quotation/Order Form are optional items.

17.2 Some optional items shown in the Quotation/Order Form shall be stated clearly as “optional”

18. Site Preparation & project coordinator

18.1 Customers shall prepare the system installation site by ensuring that system’s infrastructure is ready and available for MEGASAFE to install the system. (eg. Tested and certified cabling, power points, suitable and safe to install the system).

18.2 Customer shall assign a project coordinator who will liaise with MEGASAFE ‘s representatives for all matters related to system installation and implementation.

19. Training

MEGASAFE shall provide training as per stipulated in the Quotation/Order Form.

20. Manday

One(1) manday shall be defined as Eight (8) Hours.

21. Cancellation

21.1 No cancellation and no refund will be allowed after the Quotation/Order Form signed, or payment made, or project starts whichever is earlier.

21.2 If the cancellation is due to government authority license approval issue(not grant related issues), the cancellation is allowed(with proof of approval issue). However, a cancellation fee of 25% of the total project value shall be applied.

22. Grants

For customer intending to apply for a government grant, if any, please take note that as the grant result is subjected to government approval, MEGASAFE Technology Pte Ltd and representatives will not be liable to the grant online application and outcome. Any quote/order form/agreement signed is not cancellable.

23. Agreement

By confirming this order/quotation, it is agreed that you have read and understood the Terms and Conditions and accepted all the terms.

24. Confidentiality & Security:

Megasafe ensures the solution has passed Vulnerability Assessment tests to meet security requirements. The client is responsible for keeping data safe and confidential from misuse by its shareholders, employees, or customers. The client should perform necessary Windows/IOS updates on in-store computers and tablets for the latest security updates, install necessary anti-virus software at their own cost, and refrain from downloading and installing applications and games onto these devices.

25. Backup of Data & Program:

Data can be backed up on any media, including but not limited to local hard drives, thumb drives, or cloud storage. Megasafe usually sets up an automatic backup scheduler task that runs every 24 hours. The client is responsible for ensuring that the backup scheduler is working properly and that data is saved in a retrievable manner.

26. Renewal and Termination of Subscription:

All renewal subscription fees are based on an auto-renewable 12-month contract without stop to ensure the continuity of use. The client may write in 1 month in advance to terminate the auto-renewal and have the service terminated at the end of the current contractual period. Online data and accounts will be terminated and removed upon service termination, and the client should make all efforts to download data, reports, etc., while the service is accessible.

Annual invoices for solution license subscriptions and maintenance will be sent to the email address provided during account setup. Please ensure that fees are settled promptly to avoid any access issues or business disruptions.

27. Limitation of Liability:

Except to the extent prohibited by local law, in no event will Megasafe Technology Pte Ltd, or its employees or officers be liable for direct, special, incidental, consequential, or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort, or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.

28. Privacy Policy

Megasafe Technology Pte Ltd ("We","Our",”Us”) takes your privacy seriously. This Privacy Policy describes how your Personal Data is collected, used, and shared when you visit our Site or make a purchase.

29.Collection Of Personal Data

Personal Data refers to information about you, from which you are identifiable, including but not limited to your name, address(es), email address, organisation name, recipient name(s), and phone number(s). Sharing of your Personal Data is completely voluntary. However, do note that we may not be able to provide some of our services or accept payments without the required information.

The collection of your Personal Data will generally occur when you provide your personal data to merchants using Megasafe (“merchants”), for the purpose of, but not limited to:

Signing up of membership

30. Usage and Disclosure of Personal Data

We may use the Personal Data merchants have collected for the purpose of, but not limited to:

·  Analytics

We may also share the Personal Data collected by merchants to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, to protect the integrity of this Site, or to otherwise protect our rights.

31. Retention of Personal Data

Merchants and us may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

32. Withdrawal of Personal Data

You may withdraw your consent to provide Personal Data by submitting your request to the merchant which you have provided your Personal Data to.

33. Access and Correction of Personal Data

You have the right to access and update your Personal Data at any time. If you would like to correct or review the Personal Data about you, do contact the merchant to make the necessary amendments.

34. Changes

We may review and update the necessary in this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.