Terms And Conditions
GENERAL
These terms and conditions (“Terms and Conditions”) apply to the purchase and use by you as a customer (“Client”) of the products, services, software or platforms provided by EPOS GLOBAL SOLUTIONS SDN BHD (“EPOS”) (collectively, “EPOS Solutions”). By signing this invoice, the Client acknowledges that it has read, understood and agree to be bound by these Terms and Conditions.
INSTALLATION AND ACCEPTANCE
EPOS shall be responsible for the installation of the system (including the relevant physical equipment, device and components (“Hardware”) and software) purchased by the Client. EPOS shall demonstrate to the Client that the system is fully operational and ready to use according to the materials given to the Client upon installation of the system. The Client shall then acknowledge acceptance of the system for both software and hardware, and the date of such acceptance shall be considered as the Date of Acceptance.
NON-TRANSFERABLE
These terms and conditions and its benefits, including all licenses, are non-transferrable. The Client may not assign, transfer, or delegate any rights or obligations under this agreement without the prior written consent of EPOS.
SPECIFIC TERMS FOR HARDWARE LEASING
The terms of this Clause 4 only apply for Hardware leased by EPOS to the Client.
a) EPOS retains ownership of the Hardware delivered to the Client, and the Hardware must be returned by the Client in good condition at the end of the lease.
b) The lease term for the Hardware (“Lease Term”) shall be as reflected on the invoice. The Lease Term automatically renews for successive terms of equal duration unless the Client provides EPOS with written notice of no less than [sixty (60) days] prior to the expiration of the current term of its intent not to renew.
c) Unless otherwise agreed upon by the parties, the Client agrees to pay a security deposit (“Deposit”) to EPOS. The security deposit shall be held by EPOS to cover the Client’s unpaid lease payments, cost of repair beyond normal wear and tear, expenses incurred in recovering the Hardware or any other losses resulting from the Client’s breach of the Hardware lease.
SPECIFIC TERMS FOR PROVISION OF HARDWARE
The terms of this Clause 5 only apply for Hardware provided by EPOS to the Client as part of packages and services purchased
a) The delivered goods shall remain the property of EPOS until full payment has been made by the Client.
b) A warranty period of one (1) year from the Date of Acceptance will apply for the Hardware (“Warranty Period”). During the Warranty Period, EPOS warrants that it warrants that it will, upon receipt of written notice from the Client, attend to and rectify any defects in material and faulty workmanship in the Hardware to perform substantially in accordance with the materials or documentation provided to the Client. The warranty shall not apply if the defects are cause directly or indirectly by the Client or the Client’s personnel, including but not limited to:
i) damage or malfunction that arise from the Client’s or a third party’s negligence;
ii) any failure to comply with the notices, instructions, directions, training, guidelines, policies and/or technical specifications issued by EPOS or the manufacturer;
iii) misuse, abuse, improper or incorrect use or operation of the Hardware, including its parts, components or accessories;
iv) exposure to elements to which the Hardware is not resistant to, such as electrical power surges or inappropriate electric voltage, excessive shocks and knocks, contact with liquids or any harmful agent;
v) unauthorized repairs, modifications, disassembly, variations or adjustments to the Hardware without the prior written
vi) integration with other systems or infrastructure, third party’s parts or accessories or other products and/or services that are not supplied or provided by EPOS;
vii) unsuitable storage or environmental conditions; and
viii) normal wear and tear or otherwise due to the normal aging of the Hardware, including its parts, components or accessories.]
USE OF HARDWARE
Without prejudice to any other express stipulation relating to use of specific parts or aspects of the Hardware, the Client agrees to:
a) Use the Hardware in accordance with EPOS’s procedures, guidelines and/or instructions pertaining to the access and use thereof;
b) Comply with applicable laws and regulations relating to its use of the Hardware and not to use Hardware for any improper, fraudulent or unlawful purpose;
c) Not remove, obscure, tamper, delete or alter any trade names, trade marks, logos, domain names and/or other attribution to EPOS and/or its licensors (if any), that appear or are displayed in connection with the Hardware;
d) Not use the Hardware in any other country other than the country to which the Hardware was shipped to;
e) Ensure that any and all equipment connected to or used in conjunction with Hardware is approved for use by EPOS and is connected or used in accordance with EPOS’s directions (and applicable laws and regulations);
f) At the Client’s own expense, carry out such additions, improvements, adjustments, modifications, alterations or replacements to any equipment and software (other than Payment Terminal Hardware), as and when required by EPOS for the purpose of maintaining the quality, increasing the performance of accessing Hardware, complying with any applicable laws or for any other purpose whatsoever;
TRAINING
EPOS shall provide training at installation, as stipulated in the quotation provided to the Client.
ANTOM CREDIT CARD TERMINAL TERMS
By accessing and using the Antom Credit Card Terminal, the Client acknowledges and agrees to be bound by the terms of use for the software component of the Antom Credit Card Terminal provided by AISG LABS PTE. L TD., as updated from time to time. The current version of such terms is available at https://docs.antom.com/ac/Platform/9b54guxj.
CONFIGURATION
The initial configuration and setup is free. After installation, any subsequent setup changes such as changing the SST registration number, or address or name is chargeable at the standard rate of RM120.00/hour.
MISSED APPOINTMENTS AND/OR REINSTALLATIONS
Internet must be working and ready by the appointment date. If there is no power, no internet, or renovation is not complete, or if a reinstallation and additional trip is required for any reason, this is chargeable at the standard rate of RM200.00 per trip.
ONSITE SERVICE FEE
Unless covered under the warranty or specifically provided under the applicable subscription or EPOS Solution purchased by the Client, an onsite service fee is chargeable for onsite service and support requested by the Client.
The onsite service fees are as follows:
a) Weekdays (Mon to Fri from 9am to 6pm) RM100.00 per visit
b) Weekdays (Mon to Fri from 6pm to 12am) RM150.00 per visit
c) Weekends (including Eves and Public Holidays) RM200.00 per visit.
This fee does not include the repair and part replacement cost (if any).
NON-PAYMENT
EPOS shall be entitled to re-enter upon the Client’s premises to repossess the goods if full payment is not made within 5 working days of installation and delivery of the goods. EPOS reserves the right to halt or delay the provision of the EPOS Solutions in the event of late or non-payment.
NO REFUND[All fees] are non-refundable. No refunds or credits will be issued for cancelled subscriptions, lease, unused services, or partial periods of a subscription or lease term, unless otherwise agreed in writing.
INTELLECTUAL PROPERTY
a) Nothing in this these Terms and Conditions shall constitute a transfer of any intellectual property rights EPOS or its licensor to the Client or to any third party. All rights, title and interests (including intellectual property rights) in the EPOS Solution, documentation or any information or content (including without limitation any future developments thereof) provided by EPOS belong to EPOS or its licensors unless otherwise indicated.
b) The Client may only use the EPOS Solution, documentation or any information or content for the Client’s own use and in accordance with these Terms and Conditions.
c) The Client shall not: (i) copy the EPOS Solutions by any means or in any form, save that the User where expressly permitted under this Terms and Conditions; (ii) reverse engineer, decompile, attempt to extract the source code from the
EPOS Solutions, disassemble, adapt, localise, port, vary, translate or modify the EPOS Solutions except with the prior written approval of EPOS; (iii) publish, modify, alter, reproduce or translate the EPOS Solutions except with the prior written consent of EPOS; and/or (iv) whether directly or indirectly, use the EPOS Solutions for the benefit of any third party or provide access to the use of the EPOS Solutions to any third party.
REBATE PROGRAM
The Client may participate in rebate programs for transactions processed using specific payment methods, as offered by EPOS from time to time. The eligibility, terms and conditions for the rebate program governing such rebates are published at https://epos.com/my/cc-rebate-2025 (“Rebate Program Terms Page”). By signing on this invoice, the Client acknowledges and agrees that the terms on the Rebate Program Terms Page are incorporated into this agreement. EPOS reserves the right to update, modify, or terminate any rebate program at any time without prior notice. The Client is responsible for reviewing the Rebate Program Terms Page periodically for changes.
INDEMNITY
Client hereby agrees and undertakes, fully and effectually, to indemnify and keep indemnified EPOS as well as after the expiration or termination hereof from and against all damages, loss, claims expenses (including any and all legal
and professional expenses on a full indemnity basis), costs and liabilities which EPOS may at any time incur as a result of any and all breaches by Client of the obligations under this Agreement or otherwise by EPOS taking any step to enforce or preserve its rights pursuant to this Agreement.
AGGREGATE DATA
EPOS may monitor use of the EPOS Solutions by the Client, and use the information gathered in an anonymous manner. The Client agrees that we may use and publish such information, provided that such information does not incorporate any customer data and/or identify the Client.
DATA DISCLOSURES
By signing up for or using these products and services, the Client agrees and consents to EPOS collecting, using and disclosing personal data and disclosing personal data in accordance with its Privacy Policy (as may be updated from time to time, and which can be found at https://epos.com/my/privacy-policy) In certain circumstances EPOS may be obliged by law to disclose to relevant authorities information relating to Client’s Data which would otherwise be confidential. EPOS may also be required not to inform the Client of such disclosure. If EPOS believes that we are obliged to disclose to any relevant authority or third-party information confidential to the Client, then we shall be free to do so without incurring any liability to the Client as a result.
LIMITATION OF LIABILITY
Client expressly agrees that the use of EPOS Solutions is at the Client’s sole risk. EPOS Solutions are provided on an “AS IS” and “AS AVAILABLE” basis. EPOS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. EPOS makes no warranty that EPOS solution will meet the Client’s requirements, that it will be uninterrupted, timely, secure, or error free; nor does EPOS make any warranty as to the results that may be obtained from the use of EPOS solution or as to the accuracy or reliability of any information obtained through EPOS solution or that defects in EPOS solution will be corrected.
Neither EPOS nor any of its information providers makes any warranties concerning the accuracy, currentness or reliability of the messages received or requested via the EPOS solution or any of the information, material or content contained therein (the “Content”). The Client understands and agrees that any Content and/or data downloaded or otherwise obtained through the use of or from EPOS solution is done at the Client’s own discretion and risk and that the Client will be solely responsible for any damage to the Client’s mobile telecommunication device and/or computer system or loss of data that results from the download of such Content and/or data. EPOS makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from EPOS solution or any transaction entered into through the service. EPOS shall not be liable for any delays, omissions or errors in the Content and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by the Client from EPOS or through or from EPOS solution shall create any warranty not expressly stated herein.
In no event shall EPOS, its subsidiaries, affiliates, officers, or employees be liable, whether in contract, warranty, tort (including negligence) or any other form of liability, for:
1. any indirect, incidental, special or consequential damages suffered by the Client; and
2. any loss of income, business, profits (whether direct or indirect) , use, data or other intangible suffered by the Client, even if EPOS has been advised of the possibility of such damages.
GOVERNING LAW & DISPUTE RESOLUTION
This Agreement shall be subject to, governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause 16. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The arbitration award rendered by the arbitrator will be final and binding on all the relevant parties.
