Terms of Use

Last Updated: December 2024

1. Agreement to Terms

By accessing or using Bashu POS ("the Service"), you agree to be bound by these Terms of Use ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users, including individual users, business administrators, and staff members who access or use the Service.

2. Description of Service

Bashu POS is a cloud-based point-of-sale and inventory management system designed for bars, restaurants, and hospitality businesses in Namibia. The Service includes:

• Point-of-sale functionality for processing transactions
• Inventory tracking and management
• Staff management and shift tracking
• Sales reporting and analytics
• Customer tab management
• Cash reconciliation tools

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of this information.

3.2 Account Security

You are responsible for:

• Safeguarding your account credentials (username, password, PIN codes)
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring staff members understand and comply with security protocols

3.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or harmful activities.

4. Subscription and Payment

4.1 Subscription Plans

Access to the Service requires an active subscription. Subscription plans, pricing, and features are as displayed on our website at the time of purchase.

4.2 Payment Terms

• All prices are quoted in Namibian Dollars (N$) unless otherwise stated
• Payment is due in advance according to your chosen billing cycle (monthly or annually)
• We accept payment via bank transfer and other methods as specified

4.3 Refund Policy

Subscription fees are non-refundable except as required by Namibian consumer protection laws. If you cancel your subscription, you will continue to have access until the end of your current billing period.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations of Namibia
• Process fraudulent transactions or engage in money laundering
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service for any business that is illegal under Namibian law
• Interfere with or disrupt the integrity or performance of the Service
• Sell, resell, or license the Service to third parties without authorization

6. Data and Privacy

6.1 Your Data

You retain ownership of all business data you input into the Service. We process this data solely to provide the Service to you in accordance with our Privacy Policy.

6.2 Data Protection

We implement reasonable security measures to protect your data in accordance with applicable Namibian data protection requirements. However, no method of electronic storage is 100% secure, and we cannot guarantee absolute security.

6.3 Data Retention

Upon account termination, your data will be retained for 30 days to allow for account reactivation. After this period, data may be permanently deleted.

7. Intellectual Property

The Service, including its design, features, code, and documentation, is owned by Bashu POS and protected by copyright, trademark, and other intellectual property laws of Namibia and international treaties.

Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your business operations during the subscription period.

8. Limitation of Liability

To the maximum extent permitted by Namibian law:

• The Service is provided "as is" without warranties of any kind, express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or secure
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim

9. Indemnification

You agree to indemnify and hold harmless Bashu POS, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws of Namibia

10. Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service at any time
• Update these Terms with reasonable notice to users
• Change our pricing with 30 days' notice before your next billing cycle

11. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet disruptions, government actions, or civil unrest.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Namibia, without regard to its conflict of law provisions.

12.2 Dispute Process

In the event of a dispute:

1. You agree to first attempt to resolve the dispute informally by contacting us
2. If the dispute cannot be resolved informally within 30 days, either party may pursue legal remedies
3. Any legal proceedings shall be conducted in the courts of Windhoek, Namibia

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under Namibian law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bashu POS regarding the use of the Service and supersede any prior agreements.

15. Contact Information