Nero Panda
all@neropanda.com
www.neropanda.com
www.bo.neropanda.com

Overview
This website is operated by Nero Panda. Throughout the site, the terms “we”, “us” and “our” refer to Nero Panda . Nero Panda offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications To The Service And Prices
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products Or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Content upload for the Website belongs to the customer. (Products, Videos, Images, Text, etc.)
The amount to be paid for the annual hosting and domain fee will be determined on the day of payment.
“Powered by Nero Panda” should be written in the selected packages.
All our customers will be in the portfolio section of our website.
If no payment is made, all your valid sites will be closed.(all customer-owned websites)
Customers who register in the system and pay to nero panda ltd are deemed to have accepted this agreement.
We can take websites to customer servers or send them by e-mail. (only valid for paid websites.)
For the refund of the paid website, the remaining amount is refunded after the value is determined.
The website is made in line with the information and requests provided by the customer.
Our company is absolutely not responsible for the information on the website, sales, marketing, customer relations and illegal business. is the customer responsible for all. (The person or company that makes the website is responsible)
Services outside the contract are subject to additional charges.
If the customer makes an unfair comment due to a service we do not provide, the service he received will be disabled within 1 week. If software codes are available, they will be submitted.
It is not possible to return digital products or a service for which software codes have been delivered..
Our customers must pay £100 domain and hosting fees each year. If not paid, websites and files cannot be hosted and deleted. Thus, it cannot access the website, emails and files. Our customers are required to pay 1 months before the specified period for hosting and domain expires.
Nero Panda ICO (Information Commissioner’s Office) is registered and all your data is safe in the ICO system.
The return period of our EPOS (POS, Smart Till, Hardware) machines is 1 month. Returns are not accepted after 1 month..
Our EPOS (POS, Smart Till, Hardware) machines are not returned or changed for problems caused by user error. (such as Fracture, Cracking, Warping, Liquid Contact etc.)
When there is a problem with our EPOS (POS, Smart Till, Hardware) machines due to the cargo, please contact the cargo company during the policy of the cargo company and get information about the compensation or the problem. NERO PANDA LTD cannot be held responsible in any way for problems arising from cargo.


ePOS System Delivery

Customers are required to check the products when they are delivered. Remove outer packaging, check there is not significant damage to the products and powered products such as EPOS terminals load up and function correctly. We are unable to accept returns of broken/damaged items where the customer has marked the good as checked and then subsequently makes a return based on damage. In the rare event of obvious damage to the packaging/products, please refuse delivery.

The delivery time shall not be the essence of the contract. Whilst Nero Panda LTD shall use reasonable commercial endeavour to deliver the goods by the date specified on the customer’s order, it shall not be liable for the delay in delivery from any cause whatsoever and howsoever arising. Should expedited deliveries be required, then additional costs if applicable must be borne by the Customer unless otherwise agreed in writing by an authorised employee of Nero Panda LTD.


ePOS System Warranty

You are covered by a 1 year ‘reverse it’ warranty for as long as there is a valid support contract in place that has been signed by the customer.

This warranty only covers the hardware of the product.


ePOS System exclusions from this Warranty

Nero Panda LTD does not warrant uninterrupted or error free operation of this ePos system.

The warranty only covers technical hardware issues during the warranty period and under normal use conditions. The warranty does not apply to software issues and customer induced damages or circumstances, such as but not limited to:

  • The product has been tampered with, repaired and/or modified by non-authorised personnel;
  • The warranty seals have been broken or altered;
  • Obsolescence;
  • Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as without limitation to rust, change in colour, texture or finish, wear and tear, gradual deterioration;
  • Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
  • Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices:
  • Damage to the product caused by an external electrical fault or any accident
  • Fraud, theft unexplained disappearance or wilful acts:


ePOS System Out-of-Warranty

Returning the product to Nero Panda LTD for repair, during the Warranty period does not automatically mean that it will be repaired free of charge. Upon receiving your product, Nero Panda LTD reserves the right to check the validity of your warranty, whether a support contract is in place and your request for warranty service. If the warranty period has lapsed, or any exclusions in the exclusions section, your request will be deemed out of warranty.

If your request is out of warranty, a service charge list with the cost of repair may be provided to you, which you may accept or reject. If you accept then a invoice will be provided and will need to be paid before the work will be completed.


ePOS system defective equipment

In the unlikely event the goods received are faulty upon arrival; we will offer a replacement or repair at our cost. In the event of a faulty item, a member of Nero Panda LTD’s technical support team will arrange collection. In the event of a return, refunds, credit notes and exchanges can only be made to the card, account or business/person that made the order originally.  All items must be returned to Nero Panda LTD before a replacement can be issued.


ePOS Responsibilities

The Customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. Nero Panda LTD shall not be liable for any loss or damage sustained or incurred by the Customer or any third party through loss or spoiling of data resulting from any maintenance activity by Nero Panda LTD required or performed under this Agreement. Nero Panda LTD will use reasonable endeavors to put right any such loss of data or programs, but reserves the right to charge for such.

The Customer remains totally responsible to have adequate virus protection to all parts of the system.

Keep the original packaging. In case the product needs to be returned for repair, original packaging may provide a better protection for the product during transportation.

Any additional software which is downloaded by the customer, which is not preinstalled on your system, is done at the customers own risk. Any fault arising after this will not be covered by warranty


ePOS System Terms of Sale

The Company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of Nero Panda LTD which is accepted by the Customer, or any written order of the Customer which is accepted by Nero Panda LTD, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

No variation to these Conditions shall be binding unless previously agreed in writing between the authorized representatives of each of the Customer and Nero Panda LTD.

Any advice or recommendation given by Nero Panda LTD or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Nero Panda LTD is followed or acted upon entirely at the Customer’s own risk, and accordingly Nero Panda LTD shall not be liable for any such advice or recommendation which is not so confirmed.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Nero Panda LTD shall be subject to correction without any liability on the part of Nero Panda LTD. We must be notified within 7 days of items missing from an order, after this time it shall be at the customers expense to purchase these items again. We do not offer any kind of compensation or reimbursement for loss of sales or business from manufacture, misuse or error from our software or equipment nor do we offer re-numeration for time taken to set up the equipment or repair. It is also the customers responsibility to ensure a reliable internet connection is present to take advantage of the online features and benefits. We reserve the right to prevent access to our software and hardware in the event that any amount of money remains unpaid for more than 7 working days and all attempts to contact the customer and resolve this have been unsuccessful. We cannot guarantee the availability or reliability of any third party software or features.


ePOS System returns of equipment

Any accessories goods from our store that have not been opened, modified or software activated/personalized can be returned within 7 days at the cost of Nero Panda LTD

EPOS systems and software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalization, training and dispatch.

Each EPOS system and tablet is subject to a £200 programming and £150 licensing fee which is non-refundable.

The customer must also give us reasonable time and access to the system to diagnose and remedy any complaints; training needs or malfunctions before a return can be processed. We can only accept a return on equipment if the system is deemed ‘not fit for purpose’ and agreed by both parties. Due to the considerable costs and preparation work that is processed before a system is dispatched. We cannot process a return based on the following:

  • Customer or staff training needs, not understanding or using the system properly
  • Customer not properly researching or qualifying the purchase
  • Functions that are not present or work differently than other products available in the market
  • Compatibility with third party items/systems
  • EPOS systems that has been dispatched, configured, personalised and delivered
  • Customer shutting down the business / product surplus to requirements after delivery
  • Orders that contain bespoke or custom equipment
  • Operational problems that arise from a customer’s internet connection or other environment problems that are out of our control

We must diagnose the return request this by this following process.

1) Understand why the customer feels the product is ‘unfit for purpose’ attempt to reasonably resolve any issues when highlighted by the customer via remote desktop.

2) Once the issue is identified we must be given reasonable time to resolve the issue and assistance to do so.

Monies paid to third parties for any modifications made to the software at the customer’s request shall also not be refunded.

The customer is responsible for the expense of delivery of the goods to Nero Panda LTD, and only after the goods have been checked by an engineer of Nero Panda LTD, will any payment be agreed upon and released. The goods must be received in original packaging as the goods were originally dispatched, otherwise a return cannot be processed.

If you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, leads, discs, adapters and manuals.

We will not accept returned items in the following cases.

  • You have accidentally damaged the item after delivery
  • Misused the item and damaged it
  • Tried to open or tamper with the unit in some way
  • You no longer require the equipment and you have personalised it
  • If the item is sold as faulty via our auctions/clearance
  • The item is part of a custom or large order
  • Item is not returned in its original packaging
  • You have not paid the £100 software activation fee
  • The goods are not in ‘as new’ condition.

Any equipment damaged may be charged at full cost.

Refunds may only be made after all endeavours have been made by Nero Panda LTD to resolve the issue.

In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return.

For any payments made through a finance company, we would only be able to refund any amounts due via their instruction in writing.

Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost and non-refundable.


ePOS System Collections

Any collection, of any goods made by Nero Panda LTD designated courier service from the customer, is deemed to still be the customer’s responsibility in transit to Nero Panda LTD. It is recommended that either the original packaging is used or the goods are securely packaged when being returned to Nero Panda LTD. As any damage made will be charged accordingly to the customer.

Any collection made outside of a UK address may occur additional cost payable by the customer.


ePOS System Installation and Setup

When a customer purchases a product from Nero Panda LTD they understand that the price of the product includes the product itself and delivery. Nero Panda LTD is happy to but not legally bound to provide remote technical support for 30 days following delivery, unless the customer has subscribed to the  Nero Panda LTD support package. If anything is missing from the order this must be reported within 7 days of receiving the order and a new item will be sent at our expense. If any missing items are reported after 7 days of receiving the order then Nero Panda LTD shall not send one free of charge, but a new item must be purchased. Any item that does not meet non-specified requirements (cash draw slot count, dimensions etc.) can be replaced with one of the new specified requirements at your expense; this will include collection and delivery fees along with the potential of the increased cost of the new item.

In the case of Epos systems, Nero Panda LTD will setup the system for the customer to a basic configuration and then ship the system to the client.

This setup does not include,

  • Entering products
  • Entering prices
  • Setting up advanced configurations or integration
  • Importing products
  • On-site support
  • Out of hours support
  • All of the above services are available at an additional cost.


ePOS System Training and Support

Full training is provided on the ePOS One software and is limited to 3 hours (to prevent abuse) and to one member of staff/contact per system unless agreed beforehand. Free support is given during the first 30 days after delivery unless signed up to the complete Nero Panda LTD support package, where training will be provided when needed.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 Service or on any related website 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nero Panda, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification
You agree to indemnify, defend and hold harmless {your company} and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Manchester/UK.

Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information
Questions about the Terms and Conditions should be sent to us at all@neropanda.com