TERMS AND CONDITIONS OF USE OF POS SYSTEM

These terms of service ("Terms of Use") cover your use and access to our services, web application software, downloadable apps, and websites ("Services"). By using our services, you acknowledge that you have read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement, including the Privacy Policy and, if applicable, the Data Processing Addendum ("DPA"). If you do not agree to any of these terms and conditions, you may not use our services.

Nexchar reserves the right to update and change the Terms of Use by posting updates and changes to the Nexchar website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you and your Nexchar Account.

Please read this agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Nexchar, acceptance is expressly limited to these terms.

1.Account Terms

• The person registering a Nexchar Account for the service must be 18 years of age or older, or at least the age of majority in the jurisdiction where you reside or from which you use this service.

• To access and use the Services, you must register for a Nexchar account ("Account") by providing your full legal name, phone number, current address, a valid email address, and any other information indicated as required. Nexchar may reject your application for an account or cancel an existing account for any reason in our sole discretion.

• You acknowledge that Nexchar will register and use the email address you provide at the time of creating this account as the primary method for communication.

• You are responsible for keeping your password secure. We cannot and shall not be responsible for any loss or damage due to your failure to keep your username and password secure.

• You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account ("Data,"  "Material").

• You must not transmit any digital worms, viruses, or any code of a destructive nature.

• A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Nexchar, will result in an immediate termination of your account and services.

2. Fees And Taxes

• A valid credit card number is required for payment of all fees. We will charge applicable fees to the credit card account that you authorize ("Authorized Card") and will continue to charge the Authorized Card (or any replacement card) for applicable fees until you cancel your Account and any and all unpaid fees have been paid in full.

• If you are using a free trial of Nexchar, the free trial will begin on the day that your account is created and end 30 days later. If you wish to continue to use Nexchar at the end of the free trial period, you will need to provide valid credit card details.

• If you fail to pay any fees on time, we may charge you a late fee of up to 1.5% of the unpaid fees.

3. Activation and Use of Your Account.

The Account Owner can authorize individuals to access its Account ("Authorized User"). The Account Owner determines who is an authorized user to use the Nexchar Service on its behalf. This includes the individual who creates the account on its behalf (the "Super Admin") and other employees, subcontractors, and individuals who are authorized to use the Nexchar Services on the account owner’s behalf.

• The account owner determines who is an authorized user and what level of user access an invited user has to the relevant organization and service.
• The account owner is responsible for all authorized users’ use of the services.
• The Account Owner controls each Authorized User's level of access to the organization's account and services at all times and has the authority to revoke or change an Authorized User's access or level of access at any time and for any reason.
• If there is any dispute between an account owner and an authorized user regarding access to any account or service, the account owner shall decide what access or level of access to the relevant data or service the invited user shall have, if any.

5. Abuse program policies and enforcement.

• Do not use Meet to promote, organize, or engage in illegal activities or activities that cause serious and immediate physical harm to people or animals.
• Do not share or distribute content that contains sexually explicit material, such as nudity, graphic sex acts, and pornographic content. This includes driving traffic to commercial pornography sites.
• Do not use Nexchar in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms.
• Do not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of Nexchar.

6.Data protection

We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Nexchar Services.

You are responsible for complying with all applicable data protection laws in respect of your use of the Nexchar Services and with regard to any instructions you issue to Nexchar with regard to the processing of personal data you provide to Nexchar through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations, or consents from any end-users, consumers, personnel, or other individuals to whom the data relates to enable Nexchar to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.

You shall not provide (nor permit any user to provide) any sensitive data to Nexchar. For the purpose of these Terms, "sensitive data" shall mean data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offenses.

6. Modifications.

We reserve the right to change these Terms at any time and will always post the most recent version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account and posting on our blog or on this page). By continuing to use or access the services after the revisions take effect, you agree to be bound by the revised Terms.

7. Controlling Law.

The laws of Bangladesh will govern this Agreement. Any dispute arising under this Agreement shall be exclusively heard in the courts of law in Bangladesh. You (the Customer) hereby submit to the exclusive jurisdiction of the courts of Dhaka, Bangladesh, for all disputes arising out of or in connection with this Agreement.

8. Notices.

Any notice given under these terms to the other party must be in writing by email and will be deemed given upon transmission. Notices to Nexchar must be sent by email to "hello@nexchar.com" or to any other email address notified to you by Nexchar. Notices to you will be sent to the email address you provided when registering for the services.

12. Refund Policy.

Payments for Nexchar are not refundable for any reason.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Backups

We are not liable for any Content contained in the Application. In no event shall we be held liable for any content loss. It is your sole responsibility to maintain an appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Accuracy Of Information

Occasionally, there may be information in the application that contains typographical errors, inaccuracies, or omissions that relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the application or on any related service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the mobile application, including, without limitation, pricing information, except as required by law. There is no specified update or refresh date in the mobile application that should be interpreted as indicating that all information in the mobile application or on any related service has been modified or updated.

Prohibited Uses

In addition to the other terms of the Agreement, you are not permitted to use the application or its content

• for any unlawful purpose
• to solicit others to perform or participate in any unlawful acts.
• to violate any international, federal, provincial, or state regulation, rule, law, or local ordinance
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• to submit false or misleading information.
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related mobile application, other mobile applications, or the internet.
• to collect or track the personal information of others.
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Changes and Amendments

We reserve the right to modify this agreement or its policies relating to the application or services at any time, effective upon the posting of an updated version of this agreement in the application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Application following any such changes constitutes your agreement to such changes.

Acceptance of These Terms

You acknowledge that you have read and agree to all of the terms and conditions of this agreement. By using the mobile application or its services, you agree to be bound by this agreement. If you do not agree to abide by the terms of this agreement, you are not authorized to use or access the Nexchar application or its services.
Please email us at help@nexchar.com if you have any questions about this agreement.
This document was last updated on Feb 27, 2023