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 ikOOba Technologies (ikOOba), along with its principal and affiliates, provides information and services under the following terms and conditions.

 

The BMAC Point of Sales (BMAC POS) (the Software) is owned and operated by ikOOba. All intellectual property rights related to the BMAC POS, including but not limited to patents, trademarks, copyrights, trade secrets, and any other proprietary rights, are owned by ikOOba. The User is granted a non-exclusive, non-transferable license to use the BMAC software solely for the purpose of accessing and using its services. The User agrees not to reproduce, modify, distribute, sell, or otherwise exploit any portion of the BMAC POS without the express written consent of ikOOba.

 

1. ACCEPTANCE OF TERMS OF USE.

By accessing and using this Software you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the app currently located at Google Play Store. Your continued use of the application following any such changes constitutes your acceptance of the updated URL and the terms and conditions set forth in these “Terms of Use."

 

These Terms of Use may be amended by ikOOba at any time. Such amended Terms of Use shall be effective upon posting on https://pos.onebmac.com/terms-and-conditions Please check the Terms of Use published on this Software regularly to ensure that you are aware of all terms governing your use of this Software. Also, specific terms and conditions may apply to specific content, products, materials, services, discussion forums, or information contained on or available through this Software (the "Content") or transactions concluded through this Software. Such specific terms may supplement these Terms of Use or, where inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Use.

 

ikOOba reserves the right to make changes or updates with respect to or in the content of the Software or the format thereof at any time without notice. ikOOba reserves the right to terminate or restrict access to the Software for any reason whatsoever at its sole discretion.

 

 

2. DEFINITIONS.

“ikOOba” means an enterprise solution situated at Plot 46 Ishawu Adewale Street, Off Modupe Johnson Crescent, Surulere Lagos, Nigeria. A company organized under the laws of Nigeria and an affiliate and licensee of BMAC Systems.

 

“Compatible Computer” means a computer that conforms to the system requirements of the Software as specified in the Documentation.

“Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

“SaaS” means Software as a Service.

"Server" means the location on which this website is placed.

"Services" means services available from ikOOba.

"Software" - means each BMAC software program provided by ikOOba or made available through its Website, including software in which ikOOba has sub-licensing rights, in executable, machine readable, object, printed or interpreted form, including any Software Protection Device and any documentation, modifications, improvements or updates supplied to the Licensee under any Quotation/Order.

"Terms" means these General Terms.

“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.

 

3. LAWS AND REGULATIONS.

Your access to and use of BMAC POS is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Software in any way that violates such laws or regulations.

 

4. COPYRIGHT NOTICE.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rest with ikOOba or its licensors. All rights in the content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ikOOba or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this Software for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without ikOOba’s permission, "mirror" any material contained on this Software on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Software may violate copyright laws, trademark laws, and the laws of privacy, communications, regulations and statutes.

 

Any material or information sent through or in connection with this Software by you ("User Materials") will be treated as non-confidential and non-proprietary. By submitting User Materials, you grant ikOOba and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sub licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Materials in any media, format, or technology, whether now known or hereafter developed, for any purpose, including without limitation for promoting and redistributing part or all of the Software (and derivative works thereof) in any media formats and through any media channels.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license to ikOOba and its affiliates. Furthermore, you waive any moral rights or other rights of authorship in the User Materials, and acknowledge and agree that ikOOba and its affiliates have no obligation to compensate you or any third party for any User Materials."

 

This Software may contain references to specific BMAC products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact BMAC helpdesk on support@ ikOOba.com for further information.

 

5. TRADEMARKS.

Unless otherwise indicated, all trademarks, service marks and logos displayed on the Software are registered and unregistered trademarks of ikOOba (or its affiliates, subsidiaries or divisions). These include each of ikOOba’s primary product brands and service offerings and its corporate logos and emblems.

 

6. TAMPERING.

User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in ikOOba’s Software. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Software, except as expressly permitted by applicable law or authorized by ikOOba in writing.

 

7. INDEMNITY.

You agree to defend, indemnify, and hold harmless ikOOba, its officers, directors, employees, agents, and affiliates from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. ikOOba shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

 

8. THIRD PARTY INFORMATION.

Although ikOOba monitors the information on the Software, some of the information may be supplied by independent third parties. While ikOOba makes every effort to ensure the accuracy of all information on the Software, ikOOba makes no warranty as to the accuracy of any such information and disclaims any liability for errors or omissions.

 

10. LINKS TO THIRD PARTY SITES.

This Software may contain links that will let you access other websites that are not under the control of ikOOba. The links are only provided as a convenience and ikOOba does not endorse any of these sites or their content. ikOOba assumes no responsibility or liability for any material that may be accessed on other websites reached through this Software, and you acknowledge and agree that your use of such third-party sites is at your own risk.

 

11. NO WARRANTIES.

ikOOba provides this Software and its content "AS IS" and "AS AVAILABLE." ikOOba makes no representations or warranties of any kind, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, or as to operation or content. ikOOba uses reasonable efforts to include accurate and up-to-date information on this Software, but does not guarantee its accuracy, completeness, or reliability. ikOOba may add, change, improve, or update the information and documents on this Software (including but not limited to products, pricings, programs, events, and offers) without notice. ikOOba disclaims any liability or responsibility for any errors or omissions in the content of this Software.

 

12. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ikOOba OR ANY OF ITS PRINCIPALS, AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SOFTWARE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF EXACT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST EXACT PERTAINING TO OR IN CONNECTION WITH THIS SOFTWARE MUST BE COMMENCED AND NOTIFIED TO IKOOBA IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

 

13. PRIVACY.

Protecting the privacy of our clients and users of our Sites is important to ikOOba. The ikOOba Privacy Statement, as updated and amended from time to time, describes how we use and protect information you provide to us.

 

14. SECURITY.

The security of information transmitted through the Internet can never be guaranteed. ikOOba DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SOFTWARE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. EXACT DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVERS, WHICH MAKE THIS SOFTWARE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ikOOba ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. EXACT is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of ikOOba sites. In order to protect you and your data, ikOOba may suspend your use of a client Software, without notice, pending an investigation, if any breach of security is suspected.

 

15. SOFTWARE LICENSE USAGE.

If you obtain BMAC POS from its authorized licensees, and subject to your compliance with the terms of this agreement, ikOOba grants to you an exclusive license to Use the Software in the manner and for the purposes described in the Documentation as follows:

 

General Use: You may access and use the BMAC POS solution for your internal business purposes. Your access to and use of the BMAC POS solution is subject to the payment of applicable fees and compliance with the terms and conditions of this Agreement. Each license purchased by you grants you the right to access and use the BMAC POS solution for one user account. You may purchase additional licenses as needed. You are responsible for maintaining the confidentiality of your user account information and for all activities that occur under your user account. ikOOba retains ownership of all intellectual property rights in and to the BMAC POS solution and the Software.

 

Software Use: This agreement permits you to sign on to the software. The fees paid by you under this Agreement are solely for the use of the BMAC POS solution. Any use or access to other products or services of BMAC or ikOOba Technologies, whether directly or indirectly, is subject to separate agreements and fees. For information on the Use of the Software and for information about ikOOba or any of our other solutions or services, kindly contact the BMAC helpdesk at support@ ikooba.com or an authorised ikOOba representative.

 

 

Distribution: This license does not grant you the right to sublicense or distribute the Software.

 

16. USE OF BMAC POS ONLINE SERVICES.

In some cases, access to a BMAC Online Service might require a separate subscription or other fee in order to access it, and/or your assent to additional terms of use (premium modules). BMAC Online Services might not be available in all languages or to residents of all countries and ikOOba may, at any time and for any reason, modify or discontinue the availability of any BMAC Online Service with notification to users. ikOOba also reserves the right to begin charging a fee for access to or use of an BMAC Online Service that was previously offered at no charge.

 

If your android device is connected to the Internet, the Software may, without additional notice, update downloadable materials from these BMAC Online Services so as to provide immediate availability of these BMAC Online Services even when you are offline. When the Software connects to the Internet as a function of an BMAC Online Service, your IP Address, user name, and password may be sent to ikOOba’s servers and stored by ikOOba in accordance with the Additional Terms of Use. This information may be used by ikOOba to send you transactional messages to facilitate the BMAC Online Service. ikOOba may display in-product marketing to provide information about the Software and other ikOOba products and Services, including but not limited to BMAC Online Services, based on certain Software specific features including but not limited to, the version of the Software, including without limitation, software version, version of the Software, and language.

 

For downloaded software, when your android devices is connected to the Internet, the Software may, without additional notice, check for Updates that are available for automatic download and installation to your android devices and let BMAC know the Software is successfully installed. For Users, Updates may be automatically downloaded but not installed without additional notice unless you change your preferences to accept automatic installation. Only non-personally identifying information is transmitted to BMAC when this happens, except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions.

 

For further information about in-product marketing, please see the “help” menu in the Software. Whenever the Software makes an Internet connection and communicates with a BMAC website, whether automatically or due to explicit user request, the BMAC Online Privacy Policy shall apply. Additionally, unless you are provided with separate terms of use at that time, the BMAC Terms of Use shall apply. Please note that the BMAC Privacy Policy allows tracking of website

visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.

 

17. TRANSMISSION OF PERSONAL DATA.

You acknowledge and agree that by providing ikOOba with any data and information through the Software, you consent to the transmission of such information over international borders as necessary for processing in accordance with ikOOba’s standard business practices and the applicable Privacy Statement.

 

18. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.

Access to and use of password protected and/or secure areas of BMAC POS is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

 

19. BUDGETING / ASSUMPTIONS.

The information on this Software may contain certain projections or assumptions. By their nature, projections and assumptions involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. Hence, results of the projections or assumptions are entirely dependent on information produced by the user and ikOOba cannot be held liable for this.

 

20. SPECIFIC SOFTWARE AVAILABLE ON THIS SOFTWARE.

Any software that may be made available to download from BMAC POS is the copyrighted work of ikOOba and/or a third party providing that Software. Software made available for downloading from or through this Software is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software ("License Agreement"). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. IKOOBA HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

Here's a revised version of the clause:

 

21. SUPPORT

ikOOba will provide the user with appropriate support in the case of Defects of the Software. This support will be offered at no cost. The support will be provided within a reasonable time from the date the defect is logged by ikOOba from the user.

 

At the request of the user, ikOOba may, at its sole discretion, provide support not related to any Defects. The user shall pay ikOOba for such support in accordance with IkOOba’s price list in effect from time to time. This includes onboarding support related to the BMAC POS, which may be charged based on our pricelist or negotiations between ikOOba and User. Additionally, any other support related to the implementation or usage of BMAC POS, may also be charged based on our pricelist or negotiations between ikOOba and User.

 

22. JURISDICTION/GOVERNING LAW.

These Terms of Use shall be governed by and construed in accordance with the laws of The Federal Republic of Nigeria without regards to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be first resolved in arbitration failing which the dispute will be heard in a competent court of law in The Federal Republic of Nigeria.

 

In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to the intent of ikOOba and the remainder of the Terms of Use shall remain in full force and effect.

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