Terms and Conditions

Please read carefully – The following terms and conditions govern the sale by iPocket232 Inc. that will be provided to the Customer on orders for access devices and related products.

1. Acceptance
Acceptance of the delivery of the goods/services include acceptance of these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH iPOCKET232 INC., IN WHICH CASE SPECIFIC REFERENCES IN THE SEPARATE AGREEMENT SHALL GOVERN. These terms and conditions are subject to change without prior written notice at any time, at iPocket232 Inc.’s sole discretion.

2. Payment Terms and Orders
iPocket232 Inc. accepts VISA and MasterCard for purchases less than $5,000 USD; there are no credit card surcharges imposed by iPocket232 Inc.. iPocket232 Inc. also accepts Wire Transfers, and reserves the right to impose a handling charge to cover international processing fees. Terms of payment are within iPocket232 Inc.’s sole discretion, and, unless otherwise agreed to by iPocket232 Inc., payment must be received by iPocket232 Inc. prior to iPocket232 Inc.’s acceptance of an order. Orders are not binding upon iPocket232 Inc. until accepted by iPocket232 Inc.. If terms are provided, invoice will be dated and sent when the product is shipped and payment is due 30 days after invoice date.

3. Delivery Terms
iPocket232 Inc. will ship promptly based on product availability. iPocket232 Inc. will establish shipping dates upon receipt of orders from Customer. Customers must provide a delivery address, as we cannot ship to a P.O. Box. iPocket232 Inc. is not responsible for shipping or other delays caused by events beyond our control.

4. Shipping Terms and Payment
Shipping terms are F.O.B. either from Ottawa, Ontario, Canada or Ogdensburg, NY, USA. Location of F.O.B. site will be indicated on customer’s quote. Prices shown do not include insurance, shipping or handling charges. These are the responsibility of the customer. iPocket232 Inc.may arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once iPocket232 Inc. delivers the Product to the carrier. Delivery times are estimates only and iPocket232 Inc. shall not be liable for delays.

5. Tax and Duties
Prices shown do not include sales taxes or duties, if applicable. iPocket232 Inc. will collect from, and Customer is responsible to pay for, sales and all other taxes associated with the order, if in Canada. Payment of such taxes for shipments outside of Canada is the sole responsibility of the customer. iPocket232 Inc. shall not be liable for handling or customs charges for shipments outside Canada.

6. Returns and Refunds
If you are not 100% satisfied with your purchase, you may receive a prompt replacement or refund, subject to the restrictions below. All returns must be within 30 days of shipment date. All eligible returns must be authorized by iPocket232 Inc.. Customer must email (sales@ipocket232.com) or call 1-613-963-0322 to first get a Return Materials Authorization (RMA), then return the item within 10 days (return shipping charges are at the customer’s expense). After receipt and inspection of the returned merchandise, credit or a replacement will be issued. Shipping and insurance charges are not refundable. All returned items must be in “as new” condition, in original packaging, and with all manuals, and accessories. In order to receive a refund, the purchase must be returned with shipping pre-paid. Any discrepancies could result in a delay or partial forfeiture of your refund. A restocking fee of 20% will be charged on all returned items with missing boxes or packaging or other expenses incurred by iPocket232 Inc.. Refunds on purchases made with a credit card will only be credited to the same card. Items returned without prior approval and an RMA number will be refused. After 30 days, iPocket232 Inc.’s warranty process must be followed.

7. Warranties
The limited warranties applicable to iPocket232 Inc.-branded products are posted on iPocket232 Inc.’s website. iPocket232 Inc. makes no express warranties except those stated in this section. iPocket232 Inc. disclaims all other warranties, express or implied. iPocket232 Inc.’s responsibility for warranty claims is limited to repair and replacement as set forth in iPocket232 Inc.’s applicable warranty statement in effect on the date of your invoice. iPocket232 Inc. reserves the right to modify its warranty at any time, in its sole discretion.

8. Indemnification
Customer agrees that it shall defend, indemnify, save and hold iPocket232 Inc.Technologies Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against products purchased from iPocket232 Inc., its agents, and employees, which directly or indirectly result from, or arise in connection with, defects in the design or manufacture of the IP access devices.

The sale of Products by iPocket232 Inc.does not convey any license by implication, estoppel , or otherwise, under patent, copyright, trade secret, trade mark or other intellectual property right covering combinations of said Products with other devices or elements unless otherwise provided for herein or by a separate agreement between parties.

9. Service and Support
Support questions should be directed to sales@ipocket232.com. Only customers who have purchased an Extended Support Package may access iPocket232 Inc.’s Support Department via telephone. All iPocket232 Inc.-branded products you purchase directly from iPocket232 Inc. come with the protection of our Limited Warranty and, in the unlikely event of a hardware technical problem, are covered by web support. Extended Support Packages, which include telephone-based support, are available for a fee, and are effective for one year from purchase date.

In general, the VAR will be providing first, and in most cases, second level support for their customers.

10. General
(a) These Terms of Sale and any transactions made under them shall be interpreted by and subject to the laws of the Province of Ontario.
(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
(c) iPocket232 Inc. shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d) iPocket232 Inc. Technologies will honour quotation pricing for a period of 30 days from date of submission.

11. License

(a) iPocket232 Inc. grants to the customer a non-exclusive and non-transferable license (the “License”) with the RIGHT TO USE the POSLynx Payment Solution (the “Product”).
(b) “Product” includes the executable computer program, the hardware and any related printed, electronic and online documentation and any other files that may accompany the POSLynx Payment Solution.
(c) Title, copyright, intellectual property rights of the Product remain exclusively with iPocket232 Inc.. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Product.
(d) iPocket232 Inc. grants a site license to the customer to be able to install the Product on End-User Sites.
(e) The rights and obligations are personal rights granted to the customer only. The customer may not transfer or assign any of the rights or obligations granted under these terms and conditions to any other person or legal entity.
(f) The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
(g) Failure to comply with any the terms under the License section will be considered a material breach of the general terms and conditions of sale.