Terms

Seamless Terms & Conditions

Effective date: 15 October 2024

About us

https://seamlesspos.co.uk is a website operated by Seamless Hospitality Technology Limited ("We"). We are a limited company, registered in Scotland under company number SC778984 and we have our registered office at 5 South Charlotte Street, Edinburgh, EH2 4AN. You may contact us by e-mailing us at hello@seamlesspos.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see Communications between us.

Terms and Conditions of Supply

This page (together with our Privacy Policy, Terms of Use and Cookie Policy) tells you information about us and the legal terms and conditions ("Terms") on which we:

sell any of the hardware products ("the Products") listed on our website ("our site") to you; and/or
provide you with access to our Seamless pos software, related services, and support ("the Software").

These Terms will apply to any contract between us for (i) the sale of Products to you, (ii) the provision of access to the Software or (iii) both (the "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You may wish to print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in "Changes to these terms". Every time you wish to order Products or Software, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 15th October 2024. These Terms, and any Contract between us, are only in the English language.

Use of our site

Your use of our site is governed by our Terms of Use, Cookie Policy, and Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

Your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

Entire agreement

You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and/or Software.
These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
You warrant that you are not a ‘consumer’ as defined in The Consumer Protection (Distance Selling) Regulations 2000 or any other applicable UK legislation.

Changes to these Terms

We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
1. changes in relevant laws and regulatory requirements; and
2. changes in the way our business operates.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

Purchase of hardware

Products
1. The images of the Products on our site are for illustrative purposes only. Your Products may vary slightly from those images.
2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements indicated on our site have a 2% tolerance.
3. The packaging of the Products may vary from that shown on images on our site.
Contract formation
1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2. After you place an order, you will be taken to a confirmation screen, acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
3. Just because the item you ordered is not identified as out-of-stock does not necessarily mean that it will be in stock when you order it. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. We first try to reply via e-mail and give you 3 days to reply. If we have not heard from you we will then try to call you at the numbers you provide with your order. Be sure to give us your current e-mail address and phone number.
4. Our acceptance of your order is confirmed by the dispatch of the Products. The Contract between us will only be formed when the Products are dispatched.

Special orders

If the Products you wish to purchase are identified as “Out of Stock”, we will special order the item for you and ship it as soon as we get it. Most special order items dispatch within two weeks.

Pre-Orders

From time to time we may list Products for sale on our site that have not been released by the manufacturer in order to allow our customers to pre-order those Products.
Pre-orders are reserved with payment up front on a first come, first served basis.
You may also request to be placed on a “notify list” and we will let you know when products are in stock and available for delivery. Be advised that prepaid orders always get priority for delivery.

Delivery

Except pre-orders and special orders (see Special Orders and Pre Orders), we will deliver the Products within 14 working days. Occasionally our delivery to you may be affected by an Event Outside Our Control. See "Software" for our responsibilities when this happens.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
We deliver to the countries listed on this page ("International Delivery Destinations"). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

Prices

The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see Clause Prices for what happens if we discover an error in the price of Products you ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

Payment

You can only pay for Products using a debit card or credit card. We accept the following cards: Mastercard, VISA or VISA Debit.
Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

Cancellation

Please submit any cancellation within 24 hours of placing your order via e-mail to hello@seamlesspos.co.uk.
E-mail cancellations must contain the following: First name, last name, order number, and e-mail address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to cancelling your order.
All reasonable efforts will be made to accommodate the cancellation of your order, providing your order has not been dispatched.

Software

Subscription
1. You can subscribe to our Software by signing up on our site or through our application ("our App"), which you can download from the Apple AppStore.
2. Our sign up pages will guide you through the steps you need to create a subscription with us, which will allow you to access the Software (a "Subscription").
3. Our sign up process allows you to check and amend any errors before creating your Subscription and to choose the level of Subscription you require. Please take the time to read and check your details at each page of the sign up process.
4. You will be taken to a confirmation screen, acknowledging that you have created a Subscription.
5. Our acceptance of your Subscription is confirmed on payment of the first Subscription Fee in accordance with "Payment" 3. The Contract between us will only be formed when the Subscription is so confirmed.
6. Your Subscription will become active (allowing to access the Software) once the first Subscription Fee has been paid.
Prices
1. The applicable fees for the Subscription will be as quoted on our site at the time you finalise your Subscription (the "Subscription Fees").
2. The Subscription Fees include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes, we will adjust the VAT you pay from that point onwards.
3. Prices may change from time to time and we will not reduce your Subscription Fees if prices are reduced after you have activated your Subscription.
4. If you wish to change the number of devices on which your Subscription can be used, we reserve the right to alter your recurring card payment or direct debit. We also reserve the right to alter the recurring payment amount if we discover that additional devices are in use and not being paid for. Unfortunately, we are unable to provide confirmation of these changes.
Payment
1. You can pay for your Subscription using recurring card payments or via direct debit. Please be aware that we use third party companies for billing: Stripe for recurring card payments and Go Cardless for direct debits. If you would like further details about these companies, then please contact us on hello@seamlesspos.co.uk.
2. You can set up a payment for your subscription using the backoffice portal at https://seamlesshq.co.uk.
3. The first Subscription Fee will be charged as soon as the payment method has been established and is payable in respect of the first month of your Subscription. Thereafter, Subscription Fees are payable monthly, in advance, and will be due on the anniversary of the first Subscription Fee being paid.
4. If you fail to pay the Subscription Fee on the due date for payment we will send you an automated payment reminder.
5. If you fail to pay the Subscription Fee within 7 days of the due date for payment we will block access to your Subscription.
6. If you wish to change the number of devices on which your Subscription can be used, we reserve the right to alter your recurring card payment or direct debit. We also reserve the right to alter the recurring payment amount if we discover that additional devices are in use and not being paid for.
Free trial
1. You can enjoy a free trial of our Software by signing up on our site or through our App.
2. Our sign up pages will guide you through the steps you need to create a free trial with us, which will allow you to access the Software for a period of 14 days (a "Free Trial").
3. You will be taken to a confirmation screen, acknowledging that you have created a Free Trial. Your Free Trial begins immediately.
4. During the course of your Free Trial, you will be sent regular email reminders to upgrade to a paid Subscription.
5. Your Free Trial will come to an end after 14 calendar days, unless you have upgraded to a Subscription. At the end of the Free Trial your access to the Software will cease.
Down time
1. All or part of your Subscription or a Free Trial may cease to be available during periods of necessary maintenance, repair or improvement. Wherever possible, we will use reasonable endeavours to give you not less than 48 hours electronic notification of that down time.
Your data
1. When you start to use the Software, the Software will automatically store your trading data in the cloud, on servers that we maintain.
2. All trading data gathered through the Software and stored on our servers is owned by you. We will give you a full download of your data at any time during your Subscription, upon payment of a reasonable administration fee.
3. We will use reasonable endeavours to retain your data for 7 days from the cancellation of your Subscription. During that period we will provide a download of your data, if requested to do so. After the 7 day period, your data will be removed from our servers and will be lost.
Cancellation
1. Please submit any cancellation via e-mail to hello@seamlesspos.co.uk.
2. E-mail cancellations must contain the following: First name, last name, and e-mail address. This information must be identical to the information originally submitted on your Subscription. Please provide contact information so that we may contact you if we have questions in regards to cancelling your Subscription.
3. You will not be entitled to a refund of the Subscription Fees paid as at the date of cancellation but shall be entitled to use your Subscription until the next Subscription Fee is due to be paid.
Licence
1. During the term of your Subscription and/or Free Trial, we grant you a non-exclusive non-assignable licence to use the Software (the "Licence").
2. Use of the Software under the Licence shall:
  1. be restricted to use of the Software for your usual business purposes (which shall not include allowing the use of the Software by, or for the benefit of, any person other than your employees) and on the device(s) to which the Subscription relates; and
  2. mean:
    1. loading the Software into temporary memory or permanent storage on the relevant device(s) by downloading the Software from the App store; or
    2. accessing your desktop (hosted on our cloud servers) from any device using a web browser.
    3. the use of the accessed from any device with a web browser and is hosted on our ‘cloud’ servers.
3. You may not use the Software other than as specified in Clause Software without our prior written consent, and you acknowledge that additional fees may be payable on any change of use approved by us.
4. Except as expressly stated in this Clause you have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part.

Warranty

Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in Warranty Clause 3.
The warranty in Warranty Clause 2 does not apply to any defect in the Products arising from:
1. fair wear and tear;
2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
3. your failure to operate or use the Products in accordance with the user instructions; or
4. any alteration or repair by you or by a third party who is not one of our authorised repairers.
If you believe your Products are defective then please follow our support procedures, detailed at "Support".

Support

In the first instance, any issues with either Products, Software or your Subscription should be raised using our remote support procedures. Full details of these procedures and how to contact us are available in the Support section of our site or through our App.
If you have an issue with Software or Products which cannot be resolved using our remote support procedures, we may, at our sole discretion, decide that we need to visit your location to diagnose and/or remedy the issue (a "Call Out").
There will be no fee for a Call Out except where the Call Out constitutes Excluded Support or where Clause 5 applies. Any reasonable expenses incurred by us in making a Call Out will be charged to you and invoiced in terms of Clause 6.
Where a Call Out or other support would constitute Excluded Support, before instructing any Call Out or support we will give you a quote, indicating the likely cost and applicable charges relating to that Call Out or support. We will instruct the Call Out or support only once you have accepted that quote in writing.
Notwithstanding Clause 3, our usual Call Out charges will apply and we will issue an invoice in terms of Clause 6 where a Call Out is made other than for Excluded Support and where, on arriving at your location, our technical staff find that you have:
1. not co-operated with our remote support procedures;
2. not followed any advice and instructions given by us via the remote support procedures; or
3. tampered with, altered or damaged the hardware on which the Software is used.
All fees and expenses payable for Call Outs or Excluded Support will be invoiced within seven days of the Call Out or provision of Excluded Support. All invoices are payable within seven days of the date of the invoice. In the event of non-payment we reserve the right to charge interest on a daily basis on the outstanding amount at 5% above the Bank of Scotland standard base rate and to de-activate your Subscription immediately and without notice until such time as all sums due to us are paid.
For the purposes of these Terms, "Excluded Support" shall mean any support provided or Call Out made to:
1. remedy issues caused by:
  1. negligence, abuse, malicious or wilful damage;
  2. accidental damage;
  3. fire, flood, earthquake, lightning strikes, acts of third parties, riots, acts of God, or any other extraordinary cause;
  4. damage caused by an unauthorised attempt to effect repair or maintenance of the Products or Software;
  5. data generated by you; or
  6. you having made changes to the system, which have not been validated by us;
2. install or upgrade the Software, operating systems or hardware at your request;
3. provide training to you;
4. provide support for your untrained users which is, in our reasonable opinion, excessive; or
5. provide support for software or products other than the Products or the Software.

Repair of Products

If you have an issue with Products which cannot be resolved using our remote support procedures, we may ask you to return the hardware to us at 5 South Charlotte Street, Edinburgh, EH2 4AN , UK where we will assess the Products to see if the issue is covered by warranty in terms of the "Warranty" clause. Please do not return any Products to us without first having received our instructions. If the defect is covered by warranty, we will repair the Products and return them to you at our cost. In some instances we may, at our sole discretion, choose to replace or to refund Products covered by warranty which cannot be repaired or where a repair is uneconomical.
If the defect is not covered by warranty, we will give you a quote for repairing the Products and returning them to you. We will only go ahead if you accept that quote. If you do not accept the quote within 14 business days, or if you reject the quote, we will return the Products to you.

Our liability

We only supply the Products and give access to the Software for internal use by your business, and you agree not to use the Products or Software for any resale purposes.
Nothing in these Terms limits or excludes our liability for:
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
4. defective products under the Consumer Protection Act 1987.
Subject to Clause 2, we will under no circumstances whatever be liable to you, whether in contract, delict, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
1. any loss of profits, sales, business, or revenue;
2. loss or corruption of data, information or software;
3. loss of business opportunity;
4. loss of anticipated savings;
5. loss of goodwill; or
6. any indirect or consequential loss.
Subject to Clause 2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, delict or tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000 in the aggregate.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

Termination

We will be entitled to terminate our Contract with you immediately in the following events:
1. any breach by you or by persons for whom you are responsible in law of these Terms;
2. your failure to pay any sum due within seven days of the due date for payment;
3. you becoming insolvent or bankrupt or suffering the appointment of a trustee in bankruptcy, or an administrator, receiver or liquidator; or
4. any statement made in any application for use of the Services or any part thereof being in our opinion incorrect or misleading.
Either you or us may terminate a Contract for a Subscription for any reason on 30 days notice in writing to the other in which case no refund of any Subscription Fees shall be due.

Events outside our control

In these terms an "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control, which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

Intellectual property and confidentiality

All copyright and other intellectual property rights in or arising out of or in connection with the Products, the Software or our site are owned by us.
You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents, or subcontractors, and any other confidential information concerning our business, products, and services which you may obtain. You shall only disclose such confidential information to those of your employees, agents, and subcontractors who need to know it for the purpose of discharging your obligations under the Contract and these Terms, and shall ensure that such employees, agents, and subcontractors comply with the obligations set out in this Clause as though they were a party to the Contract and to these Terms.
You may also disclose such of our confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

Communications between us

When we refer, in these Terms, to "in writing," this will include e-mail or other written electronic or online communication method.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, on the Business Day of transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

Other terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.
We both irrevocably agree that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).