BBPOS reserves the right to change the Terms and Conditions at any time by updating the relevant portions of this Website. Therefore, you should check the Website from time to time to review the Terms and Conditions to ensure that you are fully aware of any changes thereto. If you have any questions about a changed version of the Terms and Conditions, or you do not agree to them, please email us at support@bbpos.com, before continuing to use the Website. Do not continue to use the Website If you do not accept the Terms and Conditions or any changes to them. Accessing or using the Website shall be deemed your acceptance or continuing acceptance, as the case may be, of the Terms and Conditions and any changes to them.

Information about BBPOS

BBPOS is a company formed and existing under the laws of Hong Kong, with its registered office and principal place of business at Suite 1904, 19/F, Tower 2, Nina Tower, 8 Yeung UK Road, Tsuen Wan, New Territories, Hong Kong.

Access to the Website and its Content and BBPOS Intellectual Property Rights

Certain features or services offered on or through the Website may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify BBPOS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BBPOS or any other user of or visitor to the Website due to someone else using your user name, password and/or account as a result of your failure to keep your account information secure and confidential.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any BBPOS server, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other means.

You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of BBPOS, including any BBPO account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or BBPOS’s systems or networks, or any systems or networks connected to the Website or to BBPOS. What constitutes an unreasonable or disproportionately large load shall be in the sole discretion of BBPOS.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Apple on or through the Site or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content (as defined below) for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of BBPOS or others.

This Website allows you to use the information, documents, downloads, software available for downloading, Software Developer Kit (“SDK”) for downloading and other materials (collectively the “Content”) contained within it for your own use and benefit. BBPOS shall have the right to modify, withdraw, or deny access to the Website at any time, including introducing charges for its use or other restrictions on access. The Website and the Content are protected by intellectual property rights (including copyright, trademarks, patents, design rights, database rights, trade secrets, and rights in confidential information), which either belong to BBPOS or are licensed to BBPOS. The Content includes, but is not limited to, the design, layout, logos, brands, look, appearance, and graphics of the Website, as well as software, firmware, downloads, documents, and other materials which appear on it.

You may not copy, redistribute, republish or otherwise make the Content, or any of it, available to a third party for commercial purposes without the prior written consent of BBPOS.

You may only print or download Content for your own personal, non-commercial use, provided that:

• no Content is modified in any way,
• no graphics are used separately from accompanying text,
• relevant copyright and trademark notices appear in all copies, and you acknowledge the Website as the source of the Content, and
• those to whom you provide the Content are made aware of these restrictions.

In addition, specific separately agreed license terms between BBPOS and you for certain Content may allow for broader rights of use.

Nothing in these Terms and Conditions grants any license to use any BBPOS logo or brand without the prior written consent of BBPOS.

Software Downloads End User License Agreements

When BBPOS makes software and SDKs available for download from the Website, any such download shall be subject to our Software License Agreement (which can be found here) in regard to software and our SDK License Agreement (which can be found here) in regard SDKs, in addition to these Terms and Conditions. Please ensure that you read the Software License Agreement and/or the SDK License Agreement before downloading any software and/or SDK from the Website. A download by you of any software and/or SDK from the Website shall indicate your agreement to the Software License Agreement and/or the SDK License Agreement in connection therewith.

BBPOS may also specify certain additional licensing terms in regard to specific software or firmware which BBPOS may make available on the Website, in which event any such additional software or SDK licensing terms shall apply. These will be notified to you at the time you agree to license the relevant software or SDK

Sample Code

BBPOS may publish on the Website "Sample Code", which is software or firmware developed by BBPOS and which BBPOS makes freely available for developers to use under the terms of the BBPOS Sample Code License. The terms of the BBPOS Sample Code License will be sent to you at the time you agree to license any Sample Code from BBPOS.

Website Content and Our Liability to You

BBPOS does not represent, warrant, or guarantee that:

• the Website or any Content provided on the Website, will be compatible with all or any hardware, software, or firmware which you may use, or
• the Website will be available at all times or at any specific time.

The Content contained on the Website is provided "as is". BBPOS tries to ensure that the Content is accurate and up to date, but BBPOS shall not be held responsible or liable for any errors, faults, or inaccuracies in the Content. Therefore, you should not rely on the Content, and BBPOS recommends that you take independent advice or guidance before taking any action based on it. By using the Website and/or accessing or using the Content you expressly agree and acknowledge that you do so at your sole risk and BBPOS assumes no liability or responsibility for any Content provided by BBPOS and/or other users of the Website.

In particular and without limitation to the generality of the preceding paragraph, BBPOS may make available software and SDKs which is "beta" (meaning that it has not been fully tested or tested at all) and you are hereby made aware that your use of such software or SDK shall be at your sole risk. Moreover, taking into account the risk that such “beta” software or SDK may cause damage to your software, firmware, hardware and/or other property, you should ensure that any “beta” software or SDK is only used in a test environment.

Notwithstanding anything else contained in these Terms and Conditions, BBPOS’s liability to you, if any, shall not under any circumstances include any business losses that you may incur as a result of your use of the Website or any Content provided on or through the Website, including, but not limited to, lost data, lost profits, lost revenue, or business interruption.

By using the Website, you agree to indemnify BBPOS, and other companies and corporations in the BBPOS group, against any costs, damage, claims, liabilities, and expenses incurred as a result of a breach by you of the Terms and Conditions and/or any other applicable terms.

To the fullest extent permitted by law, BBPOS expressly excludes all representations, conditions, warranties, or other terms which apply to the Content including any implied representations and/or warranties with regard to quality, merchantability, fitness for a particular or any purpose, and non-infringement which might otherwise apply but for this clause.

Linking

You shall not link to the Website from another site without the prior written consent of BBPOS. Should BBPOS, in its sole discretion, grant consent to such a link, it will be subject to you complying with the following guidelines, among other terms and conditions BBPOS may impose:

• links must be only to the home page https://developer.bbpos.com/
• you may not create a frame or any other border around the Website
• the site from which you link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive at the sole and absolute discretion of BBPOS, and
• you must not imply that BBPOS endorses, or is associated with, any other site, product, or service

Fees

The use of the Website and the Content is free of charge. However, BBPOS reserves the right to at any time charge fees for the use of the Website and/or the Content and from time to time change such fees, all at BBPOS’ discretion. BBPOS may also from time to time launch Content on or through the Website which may be subject to a separate charge and terms and conditions.

Contracting Online

Nothing on the Website is intended to be, nor should be construed as, an offer to enter into a contractual relationship with you or anyone else, except for these Terms and Conditions, which govern the relationship between us in relation to your use of the Website and the Content (as well as any additional terms we impose in relation to specific Content on the Website).

If you make a contract with a third party who is named or referred to on the Website, it is your responsibility to ensure that you are comfortable with the terms and conditions of that contract and to take independent legal advice if you deem it useful or necessary.

Governing Law and Jurisdiction

The formation, existence, construction, performance, validity, and any and all aspects of the Terms and Conditions shall be governed by the law of Hong Kong.

Subject to the next succeeding sentence, the courts of Hong Kong will have exclusive jurisdiction to settle any dispute, controversy, difference or claim which may arise out of or in connection with these Terms and Conditions and both BBPOS and you irrevocably agree to submit to that jurisdiction. The immediately preceding sentence is included for the benefit of BBPOS and accordingly BBPOS retains the right to bring proceedings in any other court of competent jurisdiction. You irrevocably waive any objection to, and agree to submit to, the jurisdiction of such other courts. You irrevocably agree that a judgment or order of any court referred to in this clause is conclusive and binding upon you and may be enforced against you in the courts of any other jurisdiction.