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Terms of Service

These Terms of Service constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”) and GInIEm, doing business as GInIEm (“GInIEm”, “we”, “us” or “our”)), in connection with your access to and use of the https://qbo-pos-app.giniem.com/ website, as well as any other related media form, media channel, mobile website or mobile application , linked to or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST STOP USING IT IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been informed and accepted, changes to the revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The Information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or that subjects us to any registration requirement within such jurisdiction or country. . Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws apply.
The Site is Intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parents or guardians to use the Site. If you are a minor, you must have your parents or guardians read and agree to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is owned by us and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the ” Content “) and the trademarks, service marks and logos contained therein (the” Trademarks “) are owned by or under our control or under license, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Trademarks may be copied, reproduced, added, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or exploited. otherwise for any commercial purpose, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content that you have successfully accessed solely for your personal, non-commercial use. use. We reserve all rights not expressly granted to you on the Site, the Content and the Marks.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than what we make it available to you. The Site may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

CONTRIBUTIONS GENERATED BY THE USER

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, interpret, post, distribute or transmit content and materials to us or on the Site, including but not limited to text, writing, video, audio, photographs. , graphics, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be visible to other users of the Site and through third-party websites. As such, any Contribution you transmit may be treated in accordance with the site’s Privacy Policy. When you create or make available any Contribution, you represent and warrant that:

  1. The creation, distribution, transmission, public display or performance, and accessing, downloading or copying of your Contributions does not infringe or will infringe any property rights, including but not limited to copyrights, patents , trademarks, trade secrets. , or moral rights of any third party.
  2. You are the creator and owner or have the necessary licenses, rights, consents, releases and permissions to use and authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site. and these Terms of Use.
  3. You have the consent, release, and / or written permission of each and every identifiable person in your Contributions to use each and every name or image. of those identifiable persons to allow the inclusion and use of your Contributions in any manner contemplated. by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mails, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lewd, dirty, violent, harassing, defamatory, defamatory, or objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, belittle, intimidate or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation or rule.
  10. Your Contributions do not violate privacy rights or advertising from any third party.
  11. Your Contributions do not contain any material to requesting personal information from persons under the age of 18 or exploiting persons under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable laws related to child pornography, nor are they intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
  14. Your Contributions do not violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.
    Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, between other things, the termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process and use any information and personal data that you provide by following the terms of the Privacy Policy and your options (including settings).

By submitting suggestions or other comments regarding the Site, you agree that we may use and share such comments for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any representations or representations in your Contributions provided by you in any area of ​​the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from any legal action against us with respect to your Contributions.

MOBILE APPLICATION LICENSE

License of use

If you access the Site through a mobile application, we grant you a revocable, non-exclusive, non-transferable and limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You must not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the application; (2) make any modification, adaptation, improvement, improvement, translation or derivative work of the application; (3) violate applicable laws, rules or regulations in relation to your access or use of the application; (4) remove, alter, or hide any proprietary notices (including any copyright or trademark notices) posted by us or the application’s licensors; (5) use the application for any income-generating activity, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment that allows access or use of multiple devices or users at the same time; (7) use the application to create a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated inquiries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessory or device for use with the application.


Apple and Android devices

The following terms apply when you use a mobile application obtained from the Apple Store or Google Play (each is an “Application Reseller”) to access the Site: (1) the license granted to you for our mobile application is limits to a transferable license to use the application on a device that uses the Apple iOS or Android operating systems, as applicable, and in accordance with the rules of use set forth in the applicable terms of service of the Application Distributor; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as required by applicable law, and you acknowledge that each App Distributor has no obligation to provide any maintenance and support services with respect to the mobile application; (3) In the event that the mobile application does not comply with any applicable warranty, you can notify the respective Application Distributor, and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if had, paid for the mobile application, and to the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligation with respect to the mobile application; (4) you represent and warrant that (i) you are not in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a country that “supports terrorism” and (ii) is not listed on any US government list of prohibited or restricted parties; (5) You must comply with the applicable third-party agreement terms when using the mobile application, for example, if you have a VoIP application, then you must not violate your wireless data service agreement by using the mobile application; and (6) you acknowledge and agree that Application Resellers are third party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each Application Reseller will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as a third party beneficiary thereof.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, reject, restrict access, limit availability or disable (to the extent technically possible) any of your Contributions or any part thereof; (4) at our sole discretion and without limitation, notice or liability, to remove from the Site or disable all files and content that are oversized or in any way a burden to our systems; and (5) otherwise administer the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://qbo-pos-app.giniem.com/privacy-policy/. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the site is hosted in Nicaragua. If you are accessing the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in Nicaragua, then, through your continued use of the Site, you are transferring your data to Nicaragua. , and you agree that your data is transferred and processed in Nicaragua.

DURATION AND TERMINATION

These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, DENY ACCESS AND USE OF THE SITE (INCLUDING THE BLOCKING OF CERTAIN PERSONS BY ANY IP ADDRESSES) FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR AGREEMENT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR REMOVE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we cancel or suspend your account for any reason, you are prohibited from registering and creating a new one. It has your name, a borrowed or assumed name, or the name of a third party, even if it may be acting on behalf of the third party. party. In addition to canceling or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, seeking civil, criminal, and court-ordered redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or delete the content of the Site at any time or for any reason in our sole discretion without prior notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the Site without prior notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or interruption of the Site.
We cannot guarantee that the site will be available at all times. We may experience hardware, software, or other problems or need to perform Site-related maintenance, resulting in outages, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time or for any reason without prior notice. You agree that we have no responsibility for any loss, damage or inconvenience caused by your inability to access or use the Site during any time of inactivity or interruption of the Site. Nothing in these Terms of Use shall be construed to oblige us to maintain and support the Site or to provide corrections, updates, or postings in connection with the Site.

APPLICABLE LAW

These Terms will be governed and defined following the laws of Nicaragua. GInIEm and you irrevocably consent that the courts of Nicaragua will have exclusive jurisdiction to resolve any dispute that may arise in relation to these terms.

DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to the Terms or the relationship established by this Agreement to the jurisdiction of the courts of Nicaragua. GInIEm will also retain the right to initiate proceedings as to the merits of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and other miscellaneous information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED AS IS AND AS AVAILABLE. YOU AGREE THAT USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR INFACTIVITY, FITNESS AND FITNESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT ON ANY WEBSITE LINKED TO THE SITE AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, ERRORS, OR INEXACTICAL CONTENTS (2) PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND / OR ANY AND ALL PERSONAL AND / OR FINANCIAL INFORMATION STORED THEREOF , (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN HORSE, OR WHAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY ANY THIRD PARTY, AND / OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE OR. WE DO NOT GUARANTEE, APPROVE, GUARANTEE OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR ANY OTHER NON-PUBLISHED WEB SITE, OR ANY OTHER MOBILE PUBLISHED OR APPLICATION BEING NON-PUBLISHED, OR ANY OTHER MOBILE PUBLISHED OR USED A PARTY OR IN ANY WAY BEING RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIA OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND USE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or lawsuit, including reasonable attorneys. ‘fees and expenses, incurred by third parties due to or arising out of: (1) the use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or (5) any overt harmful act towards any other user of the Site with whom you connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action or proceeding that is subject to this award when we become aware of it.

USER DATA

We will retain certain data that you transmit to the Site in order to manage the performance of the Site, as well as data related to your use of the Site. Although we periodically back up data, you are solely responsible for all data that you transmit or that relates to any activity you have carried out using the Site. You agree that we will not be liable to you for any loss or corruption of such data, and you hereby waive any right of action against us arising out of such loss or corruption of such data.

COMMUNICATIONS, TRANSACTIONS AND ELECTRONIC SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receiving electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF SIGNATURES, CONTRACTS, ORDERS AND OTHER ELECTRONIC RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or for payments or the granting of credits for any other means. than electronic media.

VARIOUS

These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be illegal, void or unenforceable, that provision or part of the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remainder. provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses that you may have based on the electronic form of these Terms of Use and the failure of the parties to sign to enforce these Terms of Use.

CONTACT US

To resolve a complaint related to the Site or to receive more information about the use of the Site, contact us at:
GInIEm , Lomas del Valle Casa III N15 Managua Nicaragua

Telephone: & nbsp; 88265845

Email: info@giniem.com