Additional Point of Sale Terms of Service

Effective Date: 18 May 2021

By using any of the products and services associated with Square Point of Sale listed below (the “Additional Services”), you agree to be bound by the General Terms, these Additional Point of Sale Terms of Service (“Additional Point of Sale Terms”), and all other terms and policies applicable to the Additional Services used. If you are using the Additional Services on behalf of a business you agree that you are accepting these Additional Point of Sale Terms and have authority to enter into these Additional Point of Sale Terms on behalf of that business. Unless otherwise defined herein, defined terms have the same meaning as in the General Terms.

1. Gift Cards

If you purchase and offer gift cards, including eGift Cards, to your customers (“Buyers”) through Square, you (and not Square) are the issuer and administrator of your gift cards. If you have multiple business locations and do not manage your locations through a single Square account, you must separately order gift cards for each business location where you wish to issue and redeem gift cards and print that business location on your gift cards.

Gift cards sold by you are “closed loop” gift cards that are only redeemable directly from you for your goods and services. You agree to pay our Fees on each issue of a gift card as well as all order, printing, and shipping fees for each order of gift cards, as applicable. Square does not assess a fee on the redemption of a gift card to purchase goods or services from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not issue a gift card with a value in excess of €750 or add value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceed €750. Further, you may not issue more than €7,500 in gift cards to any single person in any one day. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your Square Account is closed, suspended, or terminated. You may not permit returns or refunds on gift cards, except in accordance with Buyers’ statutory rights (e.g. in the event they are not of satisfactory quality). Except as required by law, you may not provide a cash refund from, or cash back on, gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.

You are the data controller of the personal data of your buyers. You are solely responsible for compliance with applicable laws and regulations for your gift cards, including but not limited to notice and disclosure requirements, data protection laws, expiration dates and fees, refunds, unclaimed property, contracting with Buyers, and customer service for Buyers and holders of gift cards.

2. Team Management

You are responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you, your employees, independent contractors or workers provide or directly input via the Services or any other method. We are entitled to rely upon, and are not obligated to independently verify, all such information. Employee, independent contractor and worker access to such Services does not create any contract, customer or employment relationship between us and your employees, independent contractors or workers. You understand and agree that we merely make such Team Management services available to your employees, independent contractors or workers on your behalf as a convenience.

We will not be liable for any penalty, interest or other liability that results from information you or your employees, independent contractors or workers supply. You are ultimately responsible for your compliance with all applicable laws, and any citations, fines, penalties or costs associated with noncompliance. You acknowledge and agree that Team Management may not include all features and functionality necessary to run your business and to meet all reporting obligations applicable to your business. You are responsible for determining whether Team Management meets your reporting needs and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services.

3. Invoices

Square Invoices allows you to create and send invoices to Buyers. Progress Invoices allow you to use a single invoice for a larger project that requires several distinct payments. You may use Progress Invoices to charge Buyers for separate goods and/or services related to a larger project. You may not use Progress Invoices to collect instalment payments on a single good or service.