These Terms and Conditions apply to and govern your access to and use of The Rerun Software Platform.
It is important that you read and understand Rerun’s terms. If you do not agree to these Terms and Conditions then do not sign up for and/or use The Rerun Software.
Applicable terms
We reserve the right to modify these Terms, as required. If you continue using the Software, you will be bound by any or all modifications made to it.
Processing Credentials and Password. You will not be able to use the Software to process live transactions until you have registered to use the Service with RERUN and have been sent Merchant Identification credentials from our processing partner, CSG Forte. Those credentials allow you to activate the Software. RERUN and/or CSG Forte can refuse to provide credentials for the Service and refuse to allow you to use and/or restrict your use of the Software at any time. You agree to keep your credentials and RERUN password confidential, to allow no other person or company to use your account, and to notify RERUN promptly if you have any reason to believe that the security of your account has been compromised.
Fees – CSG Forte account. If you use RERUN’s software in conjunction with a CSG Forte merchant account, you will be charged fees based on processing volume directly from CSG Forte. RERUN will not charge you fees for use of the service. Any and all CSG Forte fees will be explicitly stated on the RERUN pricing page [https://www.rerunapp.com/pricing/], the RERUN registration page [https://acclivity.rerunapp.com/register/forte/] and any documentation provided directly from CSG Forte.
For the avoidance of doubt, nothing within these Terms changes or diminishes in any way any agreement between You and either CSG Forte Payment Systems as it relates to Fees or anything else contained within said agreements.
Tax. In addition to any Fees or other amounts charged, you shall pay to and/or reimburse RERUN for any amounts billed or paid by RERUN for any sales or other tax of any nature and kind imposed by any governmental authority and relating to the use of the Software by you.
Minimum system requirements
The Software will only work on compatible operating systems and functionality will only work if your operating system is connected to the internet. Some features may also only be available with certain operating systems.
Use of your personal information
RERUN maintains information about you on its servers, including, but not limited to, your account registration information, your customer order information, sales information, and clickstream data (collectively “Customer Information”). You agree that RERUN may use Customer Information in aggregate form for marketing or other promotional purposes. You agree that RERUN may disclose Customer Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Agreement; (d) to respond to claims that you are engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of RERUN, or others; provided, however, that nothing in this section shall impose a duty on RERUN to make any such disclosures. RERUN does not sell or share your personally identifiable information to/with third parties not involved directly in the execution or fulfillment of the RERUN service. View information on our Privacy Policies at: https://www.rerunapp.com/privacy/
Your use of the Software
You must comply with these Terms as these apply to your use of the Software. Any violation of these Terms may result in the termination of your access to the Software.
You may only use the Software for your own personal use and not in connection with any commercial endeavours. You must not modify any part of it in any way.
You must not attempt to extract any source code from the Software, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the Software and our systems.
You must not use the Software for any of the following purposes:
(a) anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
(b) anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the Software;
(c) interfering in any way with any other user of the Software; and/or
(d) knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
You must not use the Software in a way that may damage or impair the Software, or our underlying systems and security.
You must keep your operating systems secure. You must ensure that any security details, and account information and all other information that you provide to us via the Software or otherwise is complete, accurate and up to date.
Intellectual property rights
The Software and all copyright, database rights, trade marks and other intellectual property rights related to it belong to RERUN or our licensors.
Proprietary Rights; Confidentiality. RERUN shall retain all rights, title and interest (including intellectual property rights) in the Software and in all documentation and other materials distributed by RERUN in conjunction with the installation or use of the Software (collectively the “Documentation”). The Software names and logos, and all page headers and button icons are trademarks of
(collectively, “Confidential Information”) shall be kept confidential by you and not disclosed to any person or entity unless such information becomes publicly available, is received by you from a third party or is independently developed by you.
Software License. We hereby grant You a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by RERUN for the sole purpose of use of the Software. You are not being granted any right to copy the Software or to use it on computers other than a server controlled by RERUN. You acknowledge that the Software is intended for access and use by means of web browsing software, and that RERUN does not commit to support any particular browsing platform. RERUN reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, all without notice to you.
Our responsibilities to you
While we will endeavor to ensure that the Software is normally available 24 hours a day, we shall not be liable if for any reason the Software is not available at any time or for any period. Access to the Software may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the Software.
The Software, including all content on or available through the Software, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the Software or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the Software. The content of the Software is not intended as advice and should not be relied upon.
We do not accept any responsibility to you for:
(a) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the Software;
(b) any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
(c) viruses that may infect your computer equipment or other property on account of your access to or use of the Software or your accessing any materials on the Software;
(d) any unauthorized use or interception of any message or information before it reaches the Software or our servers from the Software;
(e) any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
(f) any content provided by third parties.
Restrictions. Except as otherwise expressly permitted in this Agreement, you may not: (i) modify or create any derivative works of any Software or the Documentation, including translation or localization (your code written to published APIs (application programming interfaces) for the Software; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software; (iii) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to the Software; (iv) copy the Software or Documentation (copies shall contain all the notices regarding proprietary rights that were contained in the Software originally delivered by you); (v) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (vi) modify any header files or class libraries in any Software; (vii) create or alter tables or reports relating to the database portion of the Software (except as necessary for operating the Software); (viii) publish any results of benchmark tests run on any Software to a third party without RERUN’s prior written consent; (ix) use the database provided for use with any Software except in conjunction with the relevant Software; or (x) use any Software on a system with more CPUs than the number licensed, by more Users than have been licensed, on more computers than the number licensed, or by more developers than the number licensed, as applicable.
Indemnification. You agree to indemnify, defend and hold harmless RERUN and its affiliates and suppliers (and their respective employees, directors, and representatives) against any expense, loss or liability (including attorneys’ fees) in respect of any claims, or threatened claims, relating to the merchandise, services and information offered by you. The obligations of you herein to indemnify, defend and hold harmless, as provided herein, shall survive the termination of this Agreement.
NO IMPLIED WARRANTIES. THE SOFTWARE AND DOCUMENTATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
Limitations of liability
There are provisions on liability in the Terms that also apply in connection with these Terms and your use of the Software.
In addition, we and our group companies and our and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(a) the Software and your use, delay in use or inability to use the Software or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
(b) your access to and use of any material on the Software or material linked to or referred to on the Software; and/or
(c) any loss or damage to your operating system or any other hardware or software you use in connection with the Software, including in connection with any viruses that may affect the same on account of your downloading and use of the Software.
You acknowledge that use of the Software is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
If we or any of our group companies or our or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these Term, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these Terms.
Nothing in these Terms shall exclude any party’s liability for: (a) death or personal injury arising through negligence; (b) fraudulent misrepresentation; and/or (c) anything else that cannot be excluded or limited by us under any applicable law.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these Terms.
Termination and suspension
We may terminate or suspend your use of the Software with or without notice at any time and without any liability to you. Upon any termination your right to use the Software, and any other rights or permissions granted to you in these Terms, will end and you must stop using the Software and delete it from your computer.
Force Majeure. Neither party shall be liable to the other for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of God or any causes beyond its reasonable control.
Assignment. This Agreement may not be assigned by you.
Notices. Any notice or communication under this Agreement shall be in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the address specified below, if sent by (a) hand, (b) a commercial overnight carrier, (c) US mail, return receipt requested, (d) confirmed facsimile or (e) electronically. If to RERUN, such notices shall be addressed to the address specified at the beginning of this Agreement, and if to you, such notices shall be addressed to the address specified when you open an account with RERUN, or such other address as either party may give the other by notice as provided above.
Modifications. RERUN may modify this agreement at any time in its sole discretion. Any modification is effective immediately upon either transmission by e-mail to you, by postal mail, or by posting on the RERUN website at this URL: www.rerunapp.com/eula
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
Applicable Law. This agreement shall be governed by the laws of the State of New Jersey, without giving effect to principles governing conflicts of laws. Any action relating to this agreement must be brought in the federal or state courts located in New Jersey and you hereby irrevocably consents to the jurisdiction of such courts.
System and Software Requirements. You have reviewed and determined for itself that it has the system requirements necessary to operate the Software licensed herein.
Survival. All provisions of this Agreement relating to intellectual property rights, limitation and exclusion of liability, indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof.
