ADDITIONAL INDEMNIFICATION BY CUSTOMER. In addition to the other indemnities set forth elsewhere in the Agreement and this Schedule 2, Customer indemnifies and holds NCR Voyix, its officers, directors, employees, shareholders, agents and representatives harmless against any and all claims, losses, costs, fines, fees, liabilities or obligations made by third parties relating to: (a) the operation of Customer’s business and the conduct of other Customer activities; (b) Customer’s use of the Hosted Software, the Hosting Services or other applications and services made available hereunder; and (c) Customer’s violation of any applicable international, federal, state or local law, regulation or ordinance, in connection with Customer’s use of the Hosted Software, the Hosting Services or other applications and services made available hereunder. To ensure compatibility between the Hosted NCR Voyix Software and the card stock used in connection with Customer's use of the applicable Hosted NCR Voyix Software, Customer agrees to purchase card stock from a vendor that has been approved by NCR Voyix. Customer acknowledges that NCR Voyix may take reasonable measures to ensure that only approved vendor products are used, including but not limited to preventing the use of non-approved card stock in the System through any means of enforcement, including electronic measures. Customer acknowledges that approved card stock vendors are third party suppliers that are not affiliated with NCR Voyix, and that any products and/or services provided by a third-party supplier are independent of these Additional Terms and Conditions and are subject to the terms and conditions of Customer’s agreement with such third party. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end- users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e- mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with: (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN- SPAM Act); and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non- delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its Affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section. Certain Hosted NCR Voyix Software may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. Customer acknowledges that the indicia reported by such Hosted NCR Voyix Software may not necessarily be the result of fraudulent activity. Customer is responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions.
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Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement
ADDITIONAL INDEMNIFICATION BY CUSTOMER. In addition to the other indemnities set forth elsewhere in the Agreement and this Schedule 2, Customer indemnifies and holds NCR Voyix, its officers, directors, employees, shareholders, agents and representatives harmless against any and all claims, losses, costs, fines, fees, liabilities or obligations made by third parties relating to: (a) the operation of Customer’s business and Cus the conduct of other Customer activities; (b) Customer’s use of the Hosted Software, the Hosting Services or other Sof applications and services made available hereunder; and (c) Customer’s violation of any applicable international, an federal, state or local law, regulation or ordinance, in connection with Customer’s use of the Hosted Software, the cHoostnednSoeftwcatre,ithoe n wi Hosting Services or other applications and services made available hereunder. To ensure compatibility between the Hosted NCR Voyix Software and the card stock used in connection with Customer's use of the applicable Hosted NCR Voyix Software, Customer agrees to purchase card SPAM Act); and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (coplpllicaeblce tiLvegael ly, stock from a vendor that has been approved by NCR Requirements”use)th.e CoYmmouunicatwionill n Voyix. Customer acknowledges that NCR Voyix may take reasonable measures to ensure that only approved vendor products are used, including but not limited to preventing the use of non-approved card stock in the System through any means of enforcement, including electronic measures. Customer acknowledges that approved card stock vendors are third party suppliers that are not affiliated with NCR Voyix, and that any products and/or services provided by a third-party supplier are independent of these Additional Terms and Conditions and are subject to the terms and conditions of Customer’s agreement with such third party.
1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end- users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”).
2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e- mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with: (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN- SPAM Act); and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to
1. These terms apply only to immediately NCR Voyix’s provisimimeodinately report any violation of this Section to of electronic communication services, such as NCR Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Consumer NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges Marketing (includingcollectively(in,cluding, but not limited tob“utCnoot mlimmituedntoi, fees associated cfeeas tassiocoiatned with text or email messagingServices”). The Communicatetxtioor nemaiSl meesrsavginigc) imposed by iemsposedmbayyyouer CnSaP.ble you to send communications to your CSP. patrons, end- Message and data rates may apply. Such charges include those from your mobile carrier users or other recipientsinclu(dce toholselfreomcytouirvmeoblileyc,xxxxx“r xXx eotcheir pien including e-mails, text messages or other electronic CSP.
3. messages (collectively, “Communications”). Communications may not be encryptedrouted through wireless or mobile carriers, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed internet service providers or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non- delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services.
4. You will indemnify, defend and hold harmless NCR Voyix and its Affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section. Certain Hosted NCR Voyix Software may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. Customer acknowledges that the indicia reported by such Hosted NCR Voyix Software may not necessarily be the result of fraudulent activity. Customer is responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions.other
Appears in 11 contracts
Samples: Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement, Master Hospitality Subscription Program Agreement
ADDITIONAL INDEMNIFICATION BY CUSTOMER. In addition to the other indemnities set forth elsewhere in the Agreement and this Schedule 2, Customer indemnifies and holds NCR VoyixNCR, its officers, directors, employees, shareholders, agents and representatives harmless against any and all claims, losses, costs, fines, fees, liabilities or obligations made by third parties relating to: to (ai) the operation of Customer’s business and the conduct of other Customer activities; , (bii) Customer’s use of the Hosted NCR Software, the Hosting Services or other applications and services made available hereunder; , and (ciii) Customer’s violation of any applicable international, federal, state or local law, regulation or ordinance, in connection with Customer’s use of the Hosted NCR Software, the Hosting Services or other applications and services made available hereunder. To ensure compatibility between the Hosted NCR Voyix Software and the card stock used in connection with Customer's use of the applicable Hosted NCR Voyix Software, Customer agrees to purchase card stock from a vendor that has been approved by NCR VoyixNCR. Customer acknowledges that NCR Voyix may take reasonable measures to ensure that only approved vendor products are used, including but not limited to preventing the use of non-approved card stock in the System through any means of enforcement, including electronic measures. Customer acknowledges that approved card stock vendors are third party suppliers that are not affiliated with NCR VoyixNCR, and that any products and/or services provided by a third-third party supplier are independent of these Additional Terms and Conditions and are subject to the terms and conditions of Customer’s agreement with such third party.. Unless otherwise specified in these Terms and Conditions, in Documentation provided by NCR with respect to the applicable Hosted NCR Software, or in a separate writing signed by both Customer and NCR, Customer acknowledges and agrees that NCR’s Network and Security Services only applies to the Customer POS System Network, and that services for any other networks other than the Customer POS System Network are outside the scope of this Network and Security Services Section
1. These terms apply only to NCR Voyix’s provision 0 of electronic communication services, such as NCR Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end- users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”).
2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e- mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with: (i) all laws, rules, regulations and ordinances (including, without limitationthis Exhibit A. As used herein, the Telephone Consumer Protection Act, the Federal Trade Commission Act, term “Node” means a compatible Windows-based system and the CAN- SPAM Act); term “Customer POS System Network” means the point-of-sale software and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable hardware Customer uses at a Customer Location to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSPprocess cardholder data.
3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non- delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services.
4. You will indemnify, defend and hold harmless NCR Voyix and its Affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section. Certain Hosted NCR Voyix Software may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. Customer acknowledges that the indicia reported by such Hosted NCR Voyix Software may not necessarily be the result of fraudulent activity. Customer is responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions.
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ADDITIONAL INDEMNIFICATION BY CUSTOMER. In addition to the other indemnities set forth elsewhere in the Agreement and this Schedule 2, Customer indemnifies and holds NCR Voyix, its officers, directors, employees, shareholders, agents and representatives harmless against any and all claims, losses, costs, fines, fees, liabilities or obligations made by third parties relating to: (a) the operation of Customer’s business and rHODWLQJ WR L WKH RSHUDWL the conduct of other Customer activities; , (bii) Customer’s use of the Hosted Software&XVWRPHU¶V XVNHCR VRoIyix SWoftKwaHre , the Hosting th+e RHoVstWingHG Services or other applications and services made available hereunder; , and (ciii) Customer’s violation of any applicable international, federal, state or local law, regulation or ordinance, in connection with Customer’s use of &XVWRPioHlaUtio¶n Vof anYy DSSOLFDEOH LQWHUQDWLRQDO IHGHUDO VWDWH RU ORFDO the Hosted NCR Voyix Software, the Hosting Services or other applications and services made available hereunder. To ensure compatibility between the Hosted NCR Voyix Software and the card stock used in connection with Customer's use of the applicable (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (y) all industry standards and CSP requirements and policies (including, without limitation, all Hosted NCR Voyix Software, Customer agrees to ³6 + $ ) 7´ UXOHV DQG VLP purchase card stock from a vendor that has been approved by NCR Voyix. Customer acknowledges case, as applicable to your use of the Communication Services or the conduct of your business that NCR Voyix may take reasonable measures to FROOHFWLYHO\ ³T$XSLSUOHLPFHDQEWOV ensure that only approved vendor products are used, including but not limited to preventing the use of non-approved card stock in the System through any means of enforcement, including electronic measures. Customer acknowledges that approved card stock vendors are third party suppliers that are not affiliated with NCR Voyix, and that any products and/or services provided by a third-third party supplier are independent of these Additional Terms and Conditions and are subject to the terms and conditions of Customer’s agreement with such third party.
1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end- users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”).
2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e- mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with: (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN- SPAM Act); and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSPcondiWLRQV RI &XVWRPHU¶V DJuUseHHthPemHQfoWr yZouLr WpKerm itVtedXFusKe oWf KthLe UG party.
3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non- delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services.
4. You will indemnify, defend and hold harmless NCR Voyix and its Affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section. Certain Hosted NCR Voyix Software may perform analysis of transaction records designed to identify transaction patterns and activity that may be indicative of fraud. Customer acknowledges that the indicia reported by such Hosted NCR Voyix Software may not necessarily be the result of fraudulent activity. Customer is responsible for performing its own evaluation of any results. NCR Voyix does not guarantee the detection of fraudulent transactions.
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