Terms of Service

1. Introduction

1.1. Overview of the terms and conditions

Welcome to POS Kits, an e-commerce platform operated by FraQtion Labs Inc. (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, and products provided through www.poskits.com (the “Website”). By accessing or using our Website, you agree to be bound by these Terms, our Privacy Policy, our Shipping, Refund, and Cancellation Policy, and any additional terms and conditions that may apply to specific sections of the Website or particular services and products.

POS Kits provides various point-of-sale hardware and accessories tailored to multiple retail environments. We aim to enhance operational efficiency and customer experience through innovative and reliable POS solutions. We partner with FixHire Ltd to operate POS Kits in the African region. We may grant licenses and consents to other businesses in different countries to use POS Kits in their local markets.

1.2. Agreement to terms by using the website

By accessing or using our Website, we would like to let you know that you have read, understood and agree to be bound by these Terms. If you don’t agree with these Terms, you must avoid using our Website and services. Your continued use of the Website means you accept any changes or modifications to these Terms, which we may update whenever. You must review these Terms periodically for any updates or changes.

If you are using our Website for an organization, you represent and warrant that you have the authority to bind that organization to these Terms, if you don’t mind. In such cases, “you” and “your” will refer to both you as an individual and the organization you represent.

These Terms apply to all users of the Website, including, without limitation, browsers, vendors, customers, merchants, and content contributors. By using our Website, you agree to comply with all laws and regulations.

We reserve the right to modify, suspend, or discontinue any part of the Website or its services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any services offered through the Website.

2. Account Registration and Security

2.1. Requirements for creating an account

You must create an account to access certain features and services offered on our Website. By creating an account, you agree to give accurate, current, and complete information when registering. The specific requirements for creating an account include:

2.1.1. Age Requirement 

You must be at least 18 or have reached the age of majority in your jurisdiction to create an account. By registering, you represent and warrant that you meet this age requirement, ensuring you have the legal capacity to enter into binding agreements.

2.1.2. Valid Email Address 

You’ll need to provide a valid email address that you own and have access to, as this email address will be used for account verification, communication, and password recovery purposes. An accurate email address ensures you receive important updates and notifications about your account and transactions.

2.1.3. Unique Username and Password 

It would be best if you created a unique username and a secure password for your account. The password should be firm and safe, consisting of letters, numbers, and special characters, enhancing your account’s security against unauthorized access.

2.1.4. Additional Information During the registration process, you may be required to provide additional information such as your full name, contact details, and billing address. This information is necessary for account verification and processing transactions on our Website, ensuring accurate and efficient service delivery.

2.1.5. Accurate and Updated Information 

You agree to provide accurate and truthful information during the registration process and keep your account information current. If any of the information you provided changes, you must promptly update your account details to reflect the changes, maintaining the integrity and accuracy of your account data.

2.1.6. Acceptance of Terms and Policies 

By creating an account, you agree to abide by these Terms of Service and our Privacy Policy. You acknowledge that you have read, understood, and accepted these terms and policies as part of the registration process, establishing a clear understanding of your rights and responsibilities.

2.2. User responsibilities for account security

As an account holder, you are responsible for maintaining the confidentiality and security of your account credentials, including your username and password. Your responsibilities include:

2.2.1. Confidentiality of Account Information

You agree to keep your account information confidential and not share it with anyone. I want you to know that you are solely responsible for any activities or actions that happen under your account, whether authorized or unauthorized, safeguarding your personal and financial information.

2.2.2. Immediate Notification of Unauthorized Use 

If you become aware of any unauthorized use of your account or any other breach of security, you must immediately notify us. Prompt notification allows us to take appropriate measures to secure your account and prevent further unauthorized access, protecting your account from potential harm.

2.2.3. Regular Account Security Practices 

You agree to implement regular security practices to protect your account information. This includes using a strong and unique password for your account and regularly updating it to maintain its security. Additionally, logging out from your account at the end of each session, especially when using shared or public devices, and enabling two-factor authentication (2FA) if available, provides an added layer of security.

2.2.4. Responsibility for Account Activities 

You may be held liable for any losses incurred by us or other users of the Website due to unauthorized use of your account resulting from your failure to maintain the security of your account credentials. We are not liable for any loss or damage arising from your failure to comply with these security obligations, emphasizing the importance of safeguarding your account.

2.2.5. Compliance with Security Guidelines You agree to comply with any additional security guidelines and recommendations provided by us.

 These guidelines are designed to help you protect your account and personal information from unauthorized access and threats, ensuring a secure and reliable user experience on our platform.

3. Use of the Website

3.1. Acceptable use policy

When using our Website, you agree to adhere to our acceptable use policy, which is designed to ensure a safe, respectful, and productive environment for all users. This policy outlines the expectations and guidelines for appropriate conduct on our platform:

3.1.1. Compliance with Laws 

You agree to use the Website in compliance with all applicable local, national, and international laws and regulations. This includes respecting intellectual property rights, privacy laws, and other relevant legal requirements, ensuring that your actions on the platform are lawful and respectful of others’ rights.

3.1.2. Respectful Communication 

All interactions on the Website, including comments, reviews, and communications with other users or our customer service team, must be conducted respectfully and courteously. You agree not to engage in harassment, abuse, threats, or any form of discriminatory or offensive behavior, fostering a positive and inclusive community.

3.1.3. Accurate Information 

You are responsible for providing accurate and truthful information when interacting with the Website. This includes details provided during account registration, product reviews, and any other submissions. Providing accurate information helps maintain the integrity and reliability of the content on our platform.

3.1.4. Proper Use of Services 

You agree to use the Website and its services for their intended purposes only. This means you should not exploit, manipulate, or misuse any features or functionalities in ways that are not explicitly authorized or intended, ensuring fair and proper use for all users.

3.2. Prohibited activities

To maintain the security, integrity, and proper functioning of our Website, certain activities are strictly prohibited. Engaging in any of the following prohibited activities may result in the suspension or termination of your account and access to our services:

3.2.1. Unauthorized Access 

You are prohibited from attempting to gain unauthorized access to any part of the Website, including user accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means. Unauthorized access attempts undermine the security and trust of our platform.

3.2.2. Distribution of Malicious Software 

You must not upload, transmit, or distribute any viruses, worms, malware, or other harmful software through the Website. Distributing malicious software can cause significant harm to users and our systems, and such actions are strictly prohibited.

3.2.3. Fraudulent Activities 

Engaging in any form of fraudulent activity, including but not limited to impersonating another person or entity, providing false information, or engaging in deceptive practices, is strictly prohibited. Fraudulent activities erode trust and are not tolerated on our platform.

3.2.4. Spamming and Unsolicited Communications 

You must not use the Website to send unsolicited messages, advertisements, or spam to other users. This includes bulk emails, repetitive messages, and any form of unwanted communication, ensuring a respectful and non-intrusive experience for all users.

3.2.5. Data Mining and Scraping 

You are prohibited from using any automated systems, such as bots or spiders, to access, extract, or collect data from the Website without our explicit written permission. Unauthorized data mining and scraping can compromise the integrity and performance of our platform.

3.2.6. Infringing on Intellectual Property 

You must not use the Website to infringe on the intellectual property rights of others. This includes unauthorized sharing, distribution, or reproduction of copyrighted material, trademarks, or other proprietary information, ensuring respect for intellectual property laws.

3.2.7. Misuse of User-Generated Content 

You must not misuse user-generated content, such as reviews or comments, by manipulating, distorting, or falsely enhancing them. Authentic and honest user-generated content contributes to the credibility and reliability of our platform.

3.2.8. Disruption of Services You must not engage in any activities that disrupt, interfere with, or harm the functionality of the Website or its services. This includes actions that overload, damage, or impair the Website’s infrastructure or systems, ensuring smooth and uninterrupted access for all users.

By adhering to these acceptable use policies and avoiding prohibited activities, you contribute to a secure, trustworthy, and enjoyable experience for everyone on our platform.

4. Product Information and Availability

4.1. Description of product listing policies

Our product listing policies are designed to ensure that all product information provided on our Website is accurate, detailed, and helpful to our customers. The guidelines for product listings include:

4.1.1. Accurate Descriptions All product listings must include accurate and detailed descriptions of the products being offered. This includes information about the product’s features, specifications, dimensions, and intended use. Accurate descriptions help customers make informed purchasing decisions and reduce the likelihood of returns due to mismatched expectations.

4.1.2. High-Quality Images Product listings should include high-quality images that accurately represent the product. Images should be clear, well-lit, and taken from multiple angles to provide a comprehensive view of the product. Including images that highlight key features and details ensures that customers have a visual understanding of what they are purchasing.

4.1.3. Specifications and Technical Details 

Listings must include detailed specifications and technical details, such as material composition, weight, and compatibility information. Providing comprehensive technical information helps customers assess whether a product meets their specific needs and requirements.

4.1.4. Consistency with Manufacturer Information 

Product listings should be consistent with information provided by the manufacturer or supplier. Any discrepancies between the listing and the manufacturer’s details can lead to customer confusion and dissatisfaction. Ensuring consistency helps maintain trust and credibility with our customers.

4.1.5. Customer Reviews and Ratings 

We encourage the inclusion of customer reviews and ratings in product listings. Reviews and ratings provide valuable insights from other customers who have purchased and used the product. This feedback helps potential buyers make informed decisions and enhances the overall shopping experience.

4.1.6. Compliance with Legal Standards 

All product listings must comply with applicable legal standards and regulations. This includes adhering to labeling requirements, safety standards, and any industry-specific regulations. Compliance ensures that our products are safe and meet the necessary legal criteria for sale.

4.2. Availability and pricing information

Providing accurate availability and pricing information is crucial to ensuring a transparent and reliable shopping experience for our customers. Our policies for availability and pricing include:

4.2.1. Real-Time Stock Information 

Product availability should be updated in real-time to reflect current stock levels. Accurate stock information helps prevent overselling and ensures that customers are aware of the availability of products before making a purchase. This transparency helps manage customer expectations and reduces the likelihood of canceled orders.

4.2.2. Clear Pricing All product listings must display clear and accurate pricing information. Prices should include any applicable taxes, fees, and shipping costs to provide a complete and transparent view of the total cost. Clear pricing helps customers make informed purchasing decisions and avoids unexpected charges at checkout.

4.2.3. Promotions and Discounts 

If a product is offered at a discounted price or as part of a promotion, the listing must clearly indicate the original price and the discounted price. Any terms and conditions related to promotions or discounts should be explicitly stated. Transparency in promotional pricing helps customers understand the value of the offers and any limitations.

4.2.4. Availability Notifications 

In cases where products are out of stock, customers should have the option to receive notifications when the product becomes available again. Providing availability notifications helps retain customer interest and improves the likelihood of future sales when the product is restocked.

4.2.5. Pre-Order and Backorder Policies For products available for pre-order or backorder, the listing must clearly state the expected delivery date and any conditions associated with the order. Providing clear pre-order and backorder information helps manage customer expectations and ensures they are aware of potential delays.

4.2.6. Dynamic Pricing Adjustments Prices may be subject to change based on market conditions, supplier pricing, and other factors. Any price adjustments should be reflected promptly in the product listing. Customers should be informed if a significant price change occurs after they have placed an order, with options to proceed or cancel the order.

4.2.7. Refund and Return Policies Product listings should include information about refund and return policies. Clear policies on refunds and returns help customers understand their rights and the process for returning or exchanging products if needed. This information provides reassurance and encourages confidence in purchasing decisions.

By adhering to these policies for product information, availability, and pricing, we aim to provide a transparent, reliable, and satisfying shopping experience for all our customers.

5. Order Processing and Payment

5.1. Order acceptance and processing

Our order acceptance and processing policies are designed to ensure a smooth and efficient experience for our customers from the moment an order is placed until it is fulfilled. The guidelines for order acceptance and processing include:

5.1.1. Order Confirmation 

When you place an order on our Website, you will receive an order confirmation email. This email will contain details of the items you have ordered, the total cost, and the estimated delivery date. This confirmation signifies that we have received your order and are processing it.

5.1.2. Order Verification 

We may verify your order to ensure accuracy and prevent fraud. This process may include checking the availability of items, confirming your payment information, and validating your shipping address. If any issues are identified, we will contact you promptly to resolve them.

5.1.3. Order Processing Time 

Our standard order processing time is typically within 1-3 business days after your order has been confirmed. During this period, we prepare your items for shipment, ensuring that they are in good condition and properly packaged. Processing times may vary depending on the item and its availability.

5.1.4. Backorders and Pre-Orders 

For items that are on backorder or available for pre-order, we will provide an estimated shipping date. If your order includes such items, you will be notified of the expected delivery timeline. We strive to keep you informed of any changes to the estimated shipping date.

5.1.5. Order Modifications and Cancellations 

If you need to modify or cancel your order, you must contact our customer service team as soon as possible. We will make every effort to accommodate your request, provided that the order has not yet been processed for shipment. Once an order is in the shipping process, modifications or cancellations may not be possible.

5.1.6. Shipping Confirmation 

Once your order has been processed and shipped, you will receive a shipping confirmation email. This email will include tracking information and an estimated delivery date, allowing you to monitor the progress of your shipment.

5.1.7. Handling Unexpected Delays 

In the event of unexpected delays in processing your order, we will notify you promptly. Delays may occur due to high order volumes, supplier issues, or other unforeseen circumstances. We appreciate your understanding and patience in such situations.

5.2. Payment methods and terms

We offer a variety of payment methods to ensure a convenient and secure shopping experience. Our payment policies include:

5.2.1. Accepted Payment Methods 

We accept several payment methods, including major credit and debit cards (Visa, MasterCard, American Express, Discover), digital wallets (PayPal, Apple Pay, Google Pay), and other payment options as indicated on our Website. This variety provides flexibility and convenience for our customers.

5.2.2. Payment Authorization 

You authorize us to charge the specified amount using your selected payment method by providing your payment information. This authorization includes the total order cost, including taxes, shipping fees, and other applicable charges. Payment must be received in full before your order is processed and shipped.

5.2.3. Secure Payment Processing 

We use secure payment gateways to process your transactions, ensuring your payment information is encrypted and protected. Our payment processing systems comply with industry standards and regulations to safeguard your financial data and prevent unauthorized access.

5.2.4. Payment Verification 

For your security and to prevent fraud, we may perform additional verification steps for certain transactions. This verification process may include requesting further information or documentation to confirm your identity and payment details. Failure to provide the requested information may result in the cancellation of your order.

5.2.5. Currency and Pricing 

All prices on our Website are listed in the specified currency, and payments must be made there. Any currency conversion fees or exchange rate differences are the customer’s responsibility. We strive to provide accurate pricing, but in the event of a pricing error, we reserve the right to cancel or adjust your order with prior notice.

5.2.6. Taxes and Duties 

Depending on your location, applicable taxes and duties may be added to your order total. These charges are calculated based on your shipping address and will be indicated at checkout. You are responsible for paying any additional taxes or duties imposed by your local authorities.

5.2.7. Payment Disputes 

If you encounter any issues or disputes regarding your payment, please contact our customer service team for assistance. We will work with you to resolve the matter promptly and ensure a satisfactory resolution.

5.2.8. Refunds and Credits 

In the event of a refund or credit, the amount will be returned to the original payment method used for the purchase. The processing time for refunds may vary depending on your payment provider. We will notify you once the refund has been processed on our end.

By following these detailed guidelines for order processing and payment, we aim to provide all our customers a secure, efficient, and transparent shopping experience.

6. Shipping and Delivery

6.1. Shipping methods and estimated delivery times

We offer a range of shipping methods to accommodate your delivery needs and ensure that your orders reach you promptly. The specific details of our shipping methods and estimated delivery times include:

6.1.1. Standard Shipping 

Standard shipping is our most cost-effective option, providing reliable delivery for most orders. The estimated delivery time for standard shipping is typically between 5 to 10 business days, depending on your location and the destination’s proximity to our fulfillment centers. This method balances affordability with reasonable delivery times.

6.1.2. Expedited Shipping For faster delivery, we offer expedited shipping options. The estimated delivery time for expedited shipping is usually between 2 to 5 business days. Expedited shipping provides quicker delivery for urgent orders or time-sensitive items, ensuring you receive your purchases sooner.

6.1.3. Express Shipping 

Express shipping is our fastest delivery option, with estimated delivery times ranging from 1 to 3 business days. This method is ideal for orders that require immediate delivery and offers the quickest turnaround time. However, due to the expedited service, express shipping may incur higher fees.

6.1.4. International Shipping 

We provide international shipping to a wide range of countries. The estimated delivery time varies depending on the destination country, customs processing times, and local delivery services. Typically, international orders can take 7 to 21 business days to arrive. Please note that international shipping may be subject to additional customs duties and taxes, which are the customer’s responsibility.

6.1.5. Shipping Charges 

Shipping charges are calculated based on the selected shipping method, destination, and the weight and dimensions of the items in your order. The total shipping cost will be displayed at checkout, allowing you to review and select the most suitable shipping option.

6.1.6. Handling Time 

In addition to the shipping method, please consider the handling time required to process and prepare your order for shipment. Our standard handling time is typically 1 to 3 business days. Handling times may vary based on order volume, item availability, and other factors. We strive to process and ship orders as quickly as possible.

6.2. Tracking and shipment confirmation

We offer comprehensive tracking and shipment confirmation services to keep you informed and provide peace of mind. These services include:

6.2.1. Order Processing Notification 

You will receive an order processing notification email once your order has been processed and is ready for shipment. This email will confirm that your order is being prepared for shipping and provide an estimated shipping date.

6.2.2. Shipment Confirmation Email 

You will receive a shipment confirmation email when your order has been shipped. This email will include important details such as the shipping method, tracking number, and a link to the carrier’s website. The tracking number allows you to monitor the progress of your shipment in real time.

6.2.3. Real-Time Tracking 

You can track the status of your shipment using the tracking number provided in the shipment confirmation email. By visiting the carrier’s website or using our order tracking feature on the Website, you can view real-time updates on the location and estimated delivery date of your package. This transparency helps you stay informed about your order’s journey.

6.2.4. Delivery Updates Throughout the shipping process, you may receive additional updates from the carrier regarding the status of your delivery. These updates can include notifications about transit milestones, delays, or delivery attempts. Staying informed through these updates ensures you are aware of any changes to the expected delivery timeline.

6.2.5. Delivery Confirmation Upon successful delivery of your order, you will receive a delivery confirmation email. This email will confirm that your package has been delivered to the specified address and provide details about the delivery, including the date and time. If you do not receive your package as expected, please contact our customer service team for assistance.

6.2.6. Handling Delivery Issues In case of any issues with the delivery of your order, such as lost or damaged packages, please contact our customer service team immediately. We will work with the carrier to investigate and resolve the issue promptly. We aim to ensure that you receive your order in perfect condition and promptly.

By providing detailed information about our shipping methods and delivery processes, we aim to offer a reliable and transparent shipping experience. Our tracking and shipment confirmation services keep you informed every step of the way, ensuring peace of mind and satisfaction with your purchase.

7. Returns, Refunds, and Cancellations

7.1. Return eligibility and process

We aim to provide high-quality products and services. However, if you are not completely satisfied with your purchase, our return policy outlines the eligibility and process for returning items:

7.1.1. Eligibility Criteria 

Items must be in their original condition, unused, and in the original packaging to be eligible for a return. You must initiate the return process within 30 days of receiving your order. Certain items, such as perishable goods, personalized products, and clearance items, may not be eligible for return. Please review the product listing for specific return eligibility details.

7.1.2. Return Authorization 

Before returning an item, you must obtain a Return Merchandise Authorization (RMA) number from our customer service team. Contact us through the provided channels to request an RMA number. Include your order number, the reason for the return, and any relevant details to facilitate the process.

7.1.3. Packaging and Shipping 

Once you have received your RMA number, securely package the item, including all original accessories, manuals, and documentation. Write the RMA number on the outside of the package. Ship the package to the address provided by our customer service team. We recommend using a trackable shipping method to ensure safe and timely delivery.

7.1.4. Inspection and Approval 

Upon receiving the returned item, our team will inspect it to verify its condition and eligibility for return. If the item meets the return criteria, we will process the return and issue a refund or store credit per your preference. If the item does not meet the requirements, we will notify you and provide the option to have the item returned at your expense.

7.2. Refund procedures and timelines

Our refund policy ensures that you receive your refund promptly and efficiently. The specific details of our refund procedures and timelines include:

7.2.1. Refund Methods 

Refunds will be issued using the original payment method used for the purchase. If the original payment method is unavailable, we may offer a store credit or alternative refund method. Refunds for purchases made with gift cards will be issued as store credit.

7.2.2. Refund Processing Time 

Once your return is approved, we will initiate the refund process. The time it takes for the refund to be processed and credited to your account depends on your payment provider. Typically, refunds are processed within 5 to 10 business days. We will notify you via email once the refund has been processed.

7.2.3. Partial Refunds 

In some cases, partial refunds may be granted for items returned in a condition different from their original state. Partial refunds may also be issued if only a portion of the items in an order are returned. The partial refund amount will be determined based on the condition and value of the returned items.

7.2.4. Non-Refundable Items 

Certain items, including perishable goods, personalized products, and clearance items, may not be refundable. Any items that are not eligible for return will also be non-refundable. Please review the product listing and return policy for details on non-refundable items.

7.2.5. Shipping Costs 

Shipping costs are non-refundable unless the return is due to a shipping error or a defective product. If you receive a refund, the cost of return shipping will be deducted from your refund unless otherwise specified.

7.3. Order cancellation terms

We understand that circumstances may arise that require you to cancel an order. Our order cancellation policy outlines the terms and process for cancelling orders:

7.3.1. Cancellation Before Shipment 

If you wish to cancel your order, you must contact our customer service team as soon as possible. Orders can only be cancelled before they have been processed for shipment. Once an order has been shipped, it cannot be cancelled, and you will need to follow the return process.

7.3.2. Cancellation Confirmation 

Upon receiving your cancellation request, our customer service team will confirm whether the order has been successfully cancelled. If the order has already been processed for shipment, we will inform you and provide instructions for returning the items once they are delivered.

7.3.3. Refund for Canceled Orders 

If your order is successfully canceled before shipment, we will issue a full refund to the original payment method used for the purchase. The refund will be processed promptly, and you will receive a confirmation email once the refund has been completed.

7.3.4. Partial Cancellations If you need to cancel part of your order, contact our customer service team with the specific details. We will process the partial cancellation if possible and issue a refund for the canceled items. The remaining items in your order will be processed and shipped as usual.

7.3.5. Exceptions to Cancellation Certain custom or personalized items may not be eligible for cancellation once production has begun. Additionally, items marked as final sale or clearance may not be eligible for cancellation. Please review the product listing for specific details regarding cancellation eligibility.

7.3.6. Communication with Customer Service For all cancellations, it is essential to communicate with our customer service team promptly and provide all necessary information to facilitate the process. Clear and timely communication helps ensure that your cancellation request is handled efficiently.

By adhering to these detailed guidelines for returns, refunds, and cancellations, we aim to provide a fair and transparent process that ensures customer satisfaction and trust in our services.

8. Intellectual Property

8.1. Ownership of content and trademarks

Our Website, including all its content, features, and functionality, is the exclusive property of FraQtion Labs Inc. and its licensors. The specific details of our intellectual property ownership include:

8.1.1. Content Ownership 

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and digital downloads, is owned by FraQtion Labs Inc. or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. This content is provided for your personal, non-commercial use only and must not be used in any way that infringes on our intellectual property rights.

8.1.2. Trademark Ownership 

The trademarks, logos, service marks, and trade names displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of FraQtion Labs Inc. and its licensors. You are not permitted to use these Trademarks without the prior written consent of FraQtion Labs Inc. or the respective trademark owner. Unauthorized use of Trademarks is strictly prohibited and may result in legal action.

8.1.3. Copyright Protection 

The website’s entire content is protected by copyright as a collective work under Canadian and international copyright laws. All rights reserved. You agree not to modify, reproduce, distribute, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:

8.1.3.1. Personal Use
You may print or download one copy of a reasonable number of website pages for your personal, non-commercial use, provided you retain all copyright and other proprietary notices. 

8.1.3.2. Permitted Use
If we provide social media features with certain content, you may act as enabled by such features.

8.1.4. License and Access 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of the Website. This license does not include any resale or commercial use of the Website or its contents; any collection and use of product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

8.2. User-generated content policies

We value user-generated content and encourage users to contribute reviews, comments, and other content to the Website. The specific guidelines and policies for user-generated content include:

8.2.1. Content Submission 

By submitting content to the Website, you grant FraQtion Labs Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights to the content you submit, that the content is accurate, and that the use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

8.2.2. Prohibited Content 

You agree not to submit any content that: 

8.2.2.1. Violates any laws or regulations
This includes illegal, obscene, defamatory, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable. 

8.2.2.2. Contains harmful code
This includes viruses, malware, or any other harmful software that could damage or disrupt the Website or other users’ devices. 

8.2.2.3. Is false or misleading: This includes content that impersonates any person or entity or misrepresents your affiliation with a person or entity. 

8.2.2.4. Is commercial in nature: This includes advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation.

8.2.3. Monitoring and Removal 

We reserve the right, but are not obligated, to monitor, edit, or remove any user-generated content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate. We are not responsible for the content users post and do not endorse any user-generated content.

8.2.4. User Responsibility 

You are solely responsible for the content you submit and the consequences of sharing it. You agree to indemnify and hold FraQtion Labs Inc. and its affiliates harmless from any claims, liabilities, damages, and expenses arising from your user-generated content.

8.2.5. Reporting Violations If you believe that any user-generated content on the Website violates these Terms or your intellectual property rights, please contact us immediately. We will investigate and take appropriate action, including removing the offending content if necessary.

By adhering to these intellectual property and user-generated content policies, we aim to protect the rights of all users and maintain a respectful, lawful, and engaging community on our platform.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of warranties

We strive to provide a reliable and high-quality service, but we cannot guarantee that our Website will always function flawlessly or meet your expectations. Our disclaimer of warranties includes the following:

9.1.1. No Warranty of Uninterrupted Service 

The Website and its content are provided on an “as is” and “as available” basis without any warranties, express or implied. We do not warrant that the Website will be uninterrupted, timely, secure, or error-free. Your website use is at your sole risk, and you acknowledge that occasional interruptions or technical issues may occur.

9.1.2. No Warranty of Accuracy 

We strive to provide accurate and up-to-date information on our Website. However, we do not warrant that the information, content, or materials available on the Website are complete, accurate, reliable, or error-free. We are not responsible for any inaccuracies or omissions in the content, and you rely on the information at your own risk.

9.1.3. No Warranty of Fitness for a Particular Purpose 

We do not make any warranties, express or implied, regarding the suitability of the products or services offered on the Website for any particular purpose. You are responsible for ensuring that the products or services meet your specific requirements before making a purchase.

9.1.4. No Warranty of Non-Infringement 

We do not warrant that the Website or its content will not infringe on the intellectual property rights of third parties. If you believe any content on the Website infringes your intellectual property rights, please contact us, and we will investigate and take appropriate action.

9.1.5. No Other Warranties 

To the fullest extent permitted by applicable law, we disclaim all other warranties, whether express, implied, or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights.

9.2. Limitation of liability for damages

Our limitation of liability policy outlines the extent to which we are responsible for any damages arising from your use of our Website or services. The specific details include:

9.2.1. Limitation of Direct Damages 

To the fullest extent permitted by applicable law, in no event shall FraQtion Labs Inc., its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct damages exceeding the amount you paid for the product or service that gave rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

9.2.2. Exclusion of Indirect and Consequential Damages 

FraQtion Labs Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, revenue, data, or use, incurred by you or any third party, arising from your use of or inability to use the Website or any products or services obtained through the Website. This exclusion applies regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages.

9.2.3. No Liability for Third-Party Actions 

We are not responsible for the actions, content, or services provided by third parties, including those linked to or advertised on the Website. Any interactions or transactions with third parties are solely between you and the third party. We shall not be liable for any damages or losses from such interactions or transactions.

9.2.4. Limitation for Force Majeure Events 

FraQtion Labs Inc. shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, government actions, or failures of transportation or communication systems. These force majeure events may impact our ability to fulfill our obligations under these Terms.

9.2.5. Jurisdictional Limitations 

Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited. In such jurisdictions, our liability shall be limited to the maximum extent law permits. The limitations and exclusions outlined in these Terms are intended to apply to the fullest extent permitted by applicable law.

9.2.6. Indemnification 

You agree to indemnify, defend, and hold harmless FraQtion Labs Inc., its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

By including these disclaimers and limitations of liability, we aim to provide a clear understanding of the extent of our responsibilities and protect our company from potential legal claims.

10. Governing Law and Dispute Resolution

10.1. Applicable laws and jurisdiction

The terms and conditions outlined in these Terms of Service shall be governed by and construed in accordance with the laws of Alberta, Canada, without regard to its conflict of law principles. This ensures a consistent legal framework and provides clarity on the applicable legal standards:

10.1.1. Governing Law 

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Alberta, Canada. By using our Website and services, you agree to submit to the exclusive jurisdiction of the courts located in Alberta, Canada.

10.1.2. Jurisdiction 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the provincial or federal courts of Alberta, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This jurisdictional agreement ensures that any disputes will be resolved in a consistent legal environment.

10.1.3. Compliance with Local Laws 

While our services are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Website are available to all persons or in all geographic locations. We make no representation that the Website, products, or services are appropriate or available for use in other locations. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.

10.2. Dispute resolution process

We are committed to resolving disputes efficiently and fairly. Our dispute resolution process includes the following steps:

10.2.1. Initial Resolution Attempt 

If you have any concerns or disputes regarding our services, we encourage you to first contact our customer service team. We will make every effort to resolve the issue informally and amicably within a reasonable timeframe. Our goal is to address your concerns promptly and to your satisfaction.

10.2.2. Mediation 

If a dispute cannot be resolved through our customer service team, either party may propose mediation as a means of resolving the issue. Mediation involves a neutral third-party mediator who facilitates a discussion between the parties to help them reach a mutually agreeable solution. The costs of mediation shall be shared equally by both parties unless otherwise agreed.

10.2.3. Arbitration 

If mediation does not resolve the dispute, either party may elect to resolve the dispute through binding arbitration. Arbitration is a process in which a neutral third-party arbitrator hears both sides of the dispute and makes a binding decision. The arbitration shall be conducted in accordance with the rules of the Canadian Arbitration Association (CAA) or a similar arbitration body. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

10.2.4. Class Action Waiver 

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means you waive any right to bring a class action lawsuit or to participate in a class action lawsuit against us. Individual arbitration is intended to provide a more efficient and streamlined dispute resolution process.

10.2.5. Small Claims Court Notwithstanding the foregoing, either party may bring an individual action in small claims court if the dispute falls within the jurisdiction of such court and meets its requirements. Small claims court provides an alternative forum for resolving disputes without the need for formal arbitration or litigation.

10.2.6. Legal Fees and Costs 

In any dispute resolution proceeding, each party shall bear its own legal fees and costs, unless the arbitrator or court awards such fees and costs to the prevailing party. This allocation of fees and costs ensures that both parties are incentivized to resolve disputes efficiently and fairly.

10.2.7. Notices
All notices related to dispute resolution under these Terms of Service must be in writing and delivered to the respective parties at their designated addresses. Notices may be delivered by email, postal mail, or courier service. Proper notice ensures clear communication and facilitates the dispute resolution process.

By agreeing to this governing law and dispute resolution process, you and FraQtion Labs Inc. commit to resolving disputes in a structured, fair, and efficient manner, providing clarity and predictability for both parties.

11. Changes to Terms of Service

11.1. Process for updating terms and notifying users

We reserve the right to update or modify these Terms of Service at any time to reflect changes in our practices, services, or legal obligations. The process for updating the terms and notifying users includes the following steps:

11.1.1. Periodic Review and Updates 

We periodically review these Terms of Service to ensure they remain current and compliant with applicable laws and regulations. Updates may be necessary to address new features, law changes, or user feedback. This proactive approach helps us maintain a fair and transparent relationship with our users.

11.1.2. Notification of Changes 

When we make significant changes to these Terms of Service, we will notify you by one or more of the following methods: 

11.1.2.1. Email Notification
We will send an email notification to the address associated with your account, summarizing the fundamental changes and providing a link to the updated Terms. 

11.1.2.2. Website Notification
We will post a prominent notice on our Website, such as a banner or pop-up message, to inform you of the changes. This notice will include a summary of the updates and a link to the full Terms. 

11.1.2.3. Account Dashboard Notification
We may also provide notifications through your account dashboard or user interface on our Website. This ensures you see the updates the next time you log in to your account.

11.1.3. Effective Date 

Each version of the updated Terms of Service will have an effective date at the top of the document. The effective date signifies when the new terms come into force. We will provide a reasonable amount of notice before the changes take effect to allow you time to review the updates and decide whether to continue using our services.

11.1.4. Continued Use of Services 

By continuing to access or use our Website and services after the effective date of the updated Terms, you agree to be bound by the revised terms. If you do not agree with the changes, you must discontinue using our Website and services before the new terms take effect. Your continued use signifies your acceptance of the updated terms.

11.1.5. Access to Previous Versions 

We maintain access to previous versions of our Terms of Service for your reference. If you wish to review past terms, you can contact us, and we will provide the relevant documents. This historical record helps you understand how the terms have evolved over time.

11.1.6. User Feedback and Inquiries 

We value your feedback and encourage you to contact us if you have any questions or concerns about changes to these Terms of Service. Our customer service team is available to provide clarifications and address any issues you may have. Clear communication with our users is essential for maintaining trust and transparency.

11.1.7. Legal Compliance 

All changes to these Terms of Service will comply with applicable laws and regulations. We are committed to ensuring our terms are fair, reasonable, and legally sound. This compliance helps protect both our users and our business from legal risks and liabilities.

11.1.8. Document Versioning To ensure transparency, we will include a version number or identifier for each iteration of the Terms of Service. This versioning system helps track changes and provides an apparent reference for users and legal purposes.

Following this structured process for updating and notifying users about changes to the Terms of Service, we aim to provide clarity, transparency, and fairness in our communications and operations.

12. Contact Information

12.1. Contact details for service-related inquiries

We are committed to providing excellent customer service and support. If you have any questions, concerns, or questions about our services, please let us know. The contact details for service-related inquiries are as follows:

12.1.1. Customer Service Email 

For general inquiries, support, or feedback, please email our customer service team at:

• Email: legal@fraqtion.ca. We aim to respond to all email inquiries within 24-48 hours. This method is suitable for non-urgent questions and detailed support requests.

12.1.2. Customer Service Phone 

For immediate assistance or urgent matters, you can contact our customer service team by phone:

• Phone: +1 (587) 333-8595.
  Our phone support is available during business hours, Monday to Friday, 9:00 AM to 5:00 PM MST. Speaking directly with a customer service representative can help quickly resolve any pressing issues.

12.1.3. Live Chat 

If you need real-time assistance, you can use the live chat feature on our website. Our live chat support is available during business hours and instantaneously communicates with our customer service team. Look for the chat icon at the bottom right corner of our Website to start a conversation.

12.1.4. Mailing Address 

If you prefer to contact us by mail or need to send us physical documents, please use the following mailing address:

• Mailing Address:
  Legal Team
  FraQtion Labs Inc.
  1138 10TH Avenue SW
  Calgary, Alberta, T2R 0B6
  Canada

Please include your contact information and a detailed inquiry description in your correspondence. We will respond to mailed inquiries as soon as possible upon receipt.

12.1.5. Social Media 

You can also reach out to us through our official social media channels. While these platforms are not intended for detailed support inquiries, they are helpful for quick questions and updates:

• Facebook: @poskits
• Instagram: @poskits
• X (Twitter): @poskits

12.1.6. Online Contact Form 

Our Website features an online contact form that allows you to submit inquiries directly to our customer service team. To access the form, visit the “Contact Us” section of our Website and fill out the required fields. This method is convenient for submitting detailed inquiries and receiving a response via email.

12.1.7. Response Time 

We strive to respond to all inquiries promptly. While response times may vary based on the method of contact and the nature of the investigations, our goal is to provide timely and practical support. We recommend using our phone or live chat support for the quickest response for urgent matters.

12.1.8. Language Support 

We provide customer support in multiple languages to accommodate our diverse user base. If you prefer to communicate in a language other than English, please indicate your language preference when contacting us, and we will do our best to accommodate your request.

12.1.9. Feedback and Suggestions 

We welcome your feedback and suggestions for improving our services. If you have ideas or recommendations, please share them with us through any of the contact methods listed above. Your valuable input helps us enhance our offerings to serve you better.

We aim to address your inquiries effectively and enhance your experience with POS Kits by providing multiple contact options and ensuring responsive support.