Last modified on 12 October 2022
This page outlines the terms and conditions applicable to your use of any of our services. By using our services, you agree to these terms in addition to any service-specific terms that may also apply (like Online Ordering, for example). If you use our services on behalf of your business, your business acknowledges them as well.
These General Terms of Service ("General Terms") govern your use of POSApt's services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services (collectively, the "Services"). By using any of the Services, you agree to these General Terms and any policies referenced within ("Terms"), which are collectively incorporated herein by reference, including our Privacy Statement (see Section 8) and terms that limit our liability (see Section 19) and require individual arbitration for any potential legal dispute (see Section 22). You also agree to any other conditions relevant to the Services you use ("Additional Terms"), such as those mentioned below, which are included in your agreement with us (collectively, the "Terms"). If you are using the Services on behalf of a business, you represent to us that you have the power to bind that business to these Terms and that the business accepts these Terms. We request you carefully review all of our Terms.
1. Account Registration for POSApt
- Provide correct and up-to-date personal information throughout the registration process. If you submit insufficient or fraudulent information, we may suspend or delete your account.
- You are responsible for all activities that occur on your account.
To access POSApt Services, you must create an account with us (a "POSApt Account"). We may, but are not limited to, requesting your name and other personal information during registration. You must submit precise, comprehensive, and up-to-date information in answer to our questions. You are entirely responsible for any behaviour that occurs under your POSApt Account, including acts committed by those to whom you have allowed access. We have the right to alter the account type, suspend, or cancel the POSApt Account of anybody who gives inaccurate, false, or incomplete information or fails to meet the account registration criteria.
2. Changes, Disclosures, and Notifications
- We have the right to amend our terms of service at any moment, and we will notify you as necessary. By continuing to use our services following these modifications, you consent to the new terms.
- You also consent to receive electronic notices from us.
We reserve the right to modify the Terms at any time with fair notice, by publishing the updated version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will become effective upon posting, but will not apply retroactively. Your continued use of the Services following the publication of a Revised Version indicates your acceptance of the Revised Version.
You consent to the E-Sign Consent of POSApt. Disclosures and notices required by law and other information about your POSApt Account may be provided to you electronically by posting it on our website, pushing notifications through the Services, or emailing it to the email address listed in your POSApt Account or that you otherwise provided to POSApt. Electronic disclosures and notifications have the same significance and legal effect as paper copies. Such disclosures and notices are deemed received within twenty-four (24) hours of the time they are placed on our website or sent to you, unless we receive notification that the email was not delivered.
Contact POSApt Support if you desire to revoke your permission to receive electronic notices. If we are unable to accommodate your request, you may be required to cancel your POSApt account.
- If you wish to utilize our services, you are prohibited from engaging in certain undesirable conduct. If we believe you are committing these offences, we may share your information with law enforcement.
You may not, nor may you authorize any other person to:
- Export the Services, which may be subject to export restrictions;
- Participate in any conduct that may violate laws. Prohibited activities include, but are not limited to, the supply of Services to or for the benefit of a jurisdiction, entity, or individual barred or prohibited by relevant sanctions authorities, such as activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of Ukraine. If an apparent breach of these restrictions is discovered, your account might be cancelled and your cash could be kept indefinitely.
- Access or monitor any information or content on any POSApt system using any manual procedure or robot, spider, or other automated means;
- Violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, decompile, disassemble, or otherwise reverse engineer the Services;
- Do or try to conduct any acts that would interfere with the normal functioning of the Services, impede other customers from accessing or using the Services, or put an excessive or disproportionately large strain on our infrastructure;
- Copy, reproduce, alter, modify, show publicly, republish, upload, post, transmit or redistribute material, information, or Services from POSApt in any manner;
- Utilize and benefit from the Services through a rental, lease, timesharing, or other agreement;
- Transfer any rights granted to you by these Terms and Conditions;
- Use the Services in a manner that prohibits or hinders you from abiding by traffic or safety regulations;
- Use the Services to sell firearms, firearm components, ammunition, or other items intended to inflict bodily harm;
- Use the Services in any way that exposes you, other POSApt users, our partners, or POSApt to risk; or
- Use the Services other than as specifically permitted by these Terms.
You grant us express permission to disclose information about you, your POSApt Account, and any of your transactions with law authorities if we have a reasonable suspicion that your POSApt Account has been used for an unapproved, unlawful, or criminal purpose.
4. Compatible Mobile Devices and Third-Party Carriers
The Services are not guaranteed to be compatible with your mobile device or carrier. Your use of the Services may be governed by the terms of your agreements with the maker of your mobile device or your carrier. You may not use a modified device to access the Services if the modification violates the manufacturer's software or hardware specifications, such as removing hardware or software controls (sometimes known as "jailbreaking").
5. Your Content
- You maintain ownership of your material when you upload it to our services, but you grant us extensive permissions to use, edit, and display it in our services. Below are specifics regarding the rights you offer us.
- Also, you may not furnish us with or make available to the public through our services any content that we find offensive (e.g., illegal, obscene, hateful or harmful to you, our customers or us). Any content may be removed at any moment.
The Services may feature the ability to upload or provide comments, recommendations, feedback, images, documents, logos, goods, loyalty programs, promotions, advertising, and other materials or information (collectively, "Content").
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable license to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content in any media for any purpose, such as to provide, promote, and/or incorporate into the Services. You maintain ownership of your Content, subject to the permissions you gave us in these Terms and Conditions. You may change or remove your Content using your POSApt Account or by cancelling your POSApt Account; nevertheless, your Content may remain in historical, archived, or cached copies and versions thereof that are accessible via the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that:
(a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, abusive, hateful, or inflammatory;
(b) encourages conduct that would constitute a criminal offence or give rise to civil liability;
(c) violates or infringes any duty to or right of any person or entity, including rights of publicity, privacy, or Intellectual Property Rights;
(d) comprises corrupted data or further damaging, disruptive, or detrimental files; (e) promotes products or services competitive with POSApt’s or its associates’ products and services, as defined by us in our sole discretion; or
(f) in our sole conclusion, is offensive, limits or impedes any person or entity from using or enjoying any part of the Services, or which may expose POSApt, its affiliates or its customers or other individuals to harm or liability of any kind.
Although we are not compelled to monitor any Content, we do reserve the right to do so whenever we see fit and without prior warning. Additionally, POSApt may keep an eye on this Content to spot and stop dishonest behaviour or violations of its terms of service. You understand that using the Services could expose you to material that you might find disagreeable, offensive, or indecent. For any Content, including any loss or damage to your Content, we disclaim all duty and obligation.
6. Copyright and Trademark Violations
We ask that you respect the intellectual property rights of others as we do. Regarding accusations from third parties that your work violates their intellectual property rights, we have implemented an intellectual property policy. Our policy is to suspend or cancel the accounts of serial infringers. We respond to all legally sufficient notices of such infringement.
- We take security very seriously, but we cannot guarantee that no malicious hackers will get access to your personal information. You must do your part by keeping your passwords secure, being mindful of who has access to your account and which of your devices may access our services, and informing us if you suspect an unauthorized user is accessing your account.
- If there is ever a disagreement over account ownership, we will become the deciders.
We have implemented technological and organizational safeguards to protect your personal information against accidental destruction, loss, or modification, as well as unauthorized access, use, or disclosure. We cannot guarantee that unauthorized third parties will never be able to circumvent these safeguards or misuse your personal information. You provide your information at your own risk.
You are entirely responsible for maintaining the confidentiality of your password and for limiting access to the Services from your mobile device and computer (s). You shall alert us promptly of any unauthorized use of your password or POSApt Account, as well as any other breach of security. You shall promptly take all reasonable measures to mitigate the impact of a security breach, along with cooperating with POSApt and providing any information needed by POSApt to remedy the issue. Any help offered by POSApt with respect to a security breach is in no way an admission or acknowledgement of POSApt's responsibility or liability to you or any other party in connection with such a breach.
In the case of a disagreement between two or more parties regarding account ownership, notwithstanding Sections 21 and 22, we shall arbitrate the matter at our sole discretion. Our decision (which may include the termination or suspension of any POSApt Account at issue) is final and binding on all parties.
By utilizing any of our Services, you consent to the data practices described in the POSApt Privacy Notice (the "Privacy Statement"). The Privacy Statement describes how POSApt gathers, uses, and safeguards the personal information you supply when POSApt utilizes your personal data to provide you with the Services or for its own reasons. Prior to utilizing the Services, you are obliged to review the Privacy Statement.
- You agree to receive communications from us regarding your account or our services, which may include promotional materials. You can opt-out of communications in ways that are particular to each communication channel, for as by unsubscribing from emails or by replying 'STOP' to text messages.
You agree to accept and receive communications from us, including e-mail, text messages, calls, and push alerts, to the cellular telephone number you give when you create a POSApt account or change the contact information connected to your account. These messages may include, but are not limited to, requests for secondary authentication, receipts, reminders, updates to your account or account support alerts, as well as marketing or promotional emails. You recognize that consenting to receive promotional texts or calls is not a requirement for utilizing the Services. Automatic telephone dialling systems are capable of initiating calls and text message conversations. We may send you text messages at the standard message and data rates charged by your cellular service provider.
You may opt-out of getting promotional emails from us by using the unsubscribe links included in such emails. You may decline to receive promotional phone calls by alerting the caller that you do not wish to receive future promotional phone calls. You agree that declining to receive messages may have an impact on your ability to utilize the Services.
10. Paid Services
- We provide many free services, but we also provide premium services. We can collect payments for a paid service from your associated debit/credit card, transaction revenues, POSApt account balance, or bank account.
- Changes to our subscription prices will be communicated 30 days in advance, and you may cancel your membership at any time.
The Services offered by POSApt comprise both fee-based Services ("Paid Services") and fee-free Services ("Free Services"). Certain Paid Services from POSApt are billed on a recurrent basis ("Subscription Services"), while others are billed on an as-needed basis ("A La Carte Services"). You may be obliged to reoccurring payments and/or contractual obligations for Subscription Services. By subscribing to a Subscription Service, including beyond any trial period, you agree to pay us the subscription price and any applicable Taxes (as described below) ("Subscription Fee"). A La Carte Services may be subject to use and/or term-based fees, including transaction volume. By using an A La Carte Service, you agree to pay the usage-based fees and Taxes ("A La Carte Fees" and, combined with Subscription Fees, the "Paid Service Fees").
Paid Service Fees may be paid using a debit card, or credit card, or taken from your transaction profits; however, hardware-related Paid Service Fees may only be paid with a debit card or credit card. If you link a debit or credit card to your account, you permit us to collect Paid Service Fees by debiting or charging the linked debit or credit card. We retain the right to withhold Paid Service Fees from your transaction profits, the Balance (as specified in the Payment Terms) in your POSApt Account, or your connected bank account, regardless of the payment method used.
Unless otherwise specified in the terms of a Subscription Service, Subscription Fees will be collected on the first of each month until the subscription is terminated. You may cancel a Subscription Service at any time using the settings of your POSApt account. If you cancel a Subscription Service, you will continue to have access to it until the end of your then-current subscription term, but you will not get a refund or credit for any Subscription Fees previously due or paid. With thirty (30) days' notice, we retain the right to modify our Subscription Fee. Your continued use of Subscription Services following notification of a modification to our Subscription Fee constitutes your acceptance of such alterations.
- Your tax liability is your responsibility. However, we may be required by relevant law to assess tax on Paid Services and to provide the IRS with certain information about you.
Taxes encompass any and all current or future tax payments, bills, fees, levies or other audits, including but not limited to revenue, telecommunications, value-added, goods and services tax or similar taxes, gross receipts, excise, genuine or personal property, sales, withholding, social security, profession, use, severance, environmental, license, net worth, payroll, salaries, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign governmental entity.
Unless otherwise specified, all Fees for Paid Services are exclusive of Taxes. You are responsible for calculating all Taxes that must be assessed, incurred, collected, paid, or withheld in connection with your use of the Services. You are also responsible for
(a) find out whether Taxes apply to your sale of products and services, payments received, and any other transactions arising out of or related to your use of the Services, and
(b) calculating, collecting, reporting, and paying any Taxes to the appropriate tax and revenue authorities.
POSApt expressly disclaims all responsibility for these Taxes.
Unless you provide POSApt with timely, appropriate, complete, and accurate information and documentation meeting the legal and tax requirements of the relevant governmental or tax authority to establish that the otherwise applicable Tax is not required to be charged by POSApt, POSApt may charge Taxes as required by law, which you agree to pay.
According to applicable law, POSApt may be obligated to provide you with information about how you used the Services ("Tax Information") as well as tax and revenue authorities. Upon request, you must give POSApt the data necessary to finish any applicable Tax Information reporting, and as required by applicable law, you must periodically recertify this data. You acknowledge that if you use our services, we will provide the necessary Tax Information to the appropriate taxing and revenue authorities (including the total amount of payments you received during the relevant reporting period). We might also give you the reported Tax Information, but we are not compelled to.
12. Modification and Discontinuation
Access to our services may be terminated or denied at any time and for any reason. Additionally, you can deactivate your account at any moment.
We may terminate these General Terms or any Additional Terms at any time and for any reason, as well as suspend or cancel your POSApt Account or your access to any Service. We reserve the right to add or remove, suspend, halt, delete, cancel, or impose conditions on Services or any element or part thereof. We shall take reasonable measures to notify you via email or the next time you attempt to access your POSApt account of termination or these other sorts of Service modifications. By deactivating your POSApt Account, you may also terminate the General Terms and Additional Terms applicable to your POSApt Account at any time.
13. Implications of Termination
We are not liable for any losses you incur as a result of the termination of our services or the deletion of your data from our systems once our association has ended. Some provisions of our agreement will remain in effect even after our association has ended.
If these General Terms or your POSApt Account is terminated or suspended for any reason:
(a) the license and any other rights granted under these Terms will terminate,
(b) you agree to immediately terminate and cease using all Services,
(c) we may (but have no obligation to) delete your information and account data stored on our servers, and
(d) we will not be liable to you or any third party for any compensation, reimbursement, or damages for any termination or suspension of the Services.
14. Your License
As permitted by these General Terms, we give you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Free Services. You could get updates from us regarding the Services, and in order to keep using them, you'll need to agree to any changes we make. These updates can be subject to further terms that are disclosed to you at the time of release.
While we are pleased to allow you to utilize our services, you do not own them. Free action will be taken on any suggestions you make for improving our goods and services.
We retain all rights not expressly given to you in these Terms and Conditions. Copyright, trademark, patent, and other laws of Australia and other countries protect the Services. We hold all rights, titles, and interests in the Services and their copies. Our trademarks and service marks are not licensed to you under these General Terms.
For purposes of these General Terms, "Intellectual Property Rights" refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or in the future, as well as all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.
You can provide feedback, comments, and/or suggestions on the Services ("Ideas"). The submission of Ideas is purely optional, and we are free to utilize such submissions as we see fit, without any responsibility to you.
If your use of our services results in us being sued or penalized, you agree to reimburse our losses as outlined below.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding brought by any person or entity.
17. Statements and Guarantees
Here is where you affirm that you are who you claim to be and that you will comply with the law and our conditions.
You represent and warrant to us that:
(a) you are at least eighteen (18) years of age;
(b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms;
(c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods or services;
(d) you and all transactions you initiate through the Services will comply with all applicable laws and regulations; and
(e) you won't use the Services in any way that interferes with their operation or for any fraudulent endeavours, either directly or indirectly; and
(f) your use of the Services will comply with these Terms.
18. No Warranties
While we strive to provide our clients with excellent products and services, we offer them as-is and without guarantees. We are not liable for any products or services you may purchase or sell through POSApt's services.
The services are provided "as is" without express, implied, or statutory representation or warranty. Without limiting the foregoing, POSApt specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
POSApt does not warrant, represent, or guarantee in any manner that the services are accurate, reliable, or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or errors.
POSApt does not promise, endorse, guarantee, or take responsibility or liability for any promoted or offered third-party product or service. POSApt does not regulate and is not liable for any products or services purchased via the Services.
19. Liability Restrictions and Damages
As mentioned below, our responsibility is limited if something negative occurs as a result of your use of our services.
To the maximum extent permitted by applicable law, POSApt shall in no event be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that occur from the use of, inability to use, or unavailability of the Services.
POSApt is not liable for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the services or your POSApt account, or the information contained therein.
The total liability of POSApt is limited to the greater of the amount of fees earned by us in connection with your use of the services during the three (3) months immediately preceding the event giving rise to the claim for liability.
This liability limitation section applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if POSApt has been advised of the possibility of such damage. The foregoing liability limitation shall apply to the maximum extent permitted by law in the applicable jurisdiction.
20. Third-Party Products
All third-party hardware and other items included or sold with the Services are provided only in accordance with the warranty and other conditions indicated by the manufacturer, who is solely responsible for product servicing and support. For assistance with service, support, and warranties, you should contact the manufacturer directly. POSApt makes no representations or warranties, express or implied, with respect to such third-party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose.
In these Terms, the word "Dispute" has the following meaning:
"Disputes" means any claim, controversy, or dispute between you and POSApt, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or POSApt that occurred prior to the effective date of these Terms, including any claims relating in any way to these Terms or the Services.
These terms and conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. Any claim brought by either party against the other arising in any way from these terms and conditions will be tested in Victoria, and you agree to submit to the jurisdiction of those Courts.
In the event that any provision of these terms and conditions is determined to be unlawful under any applicable legislation, such provision must be limited, interpreted, confined, or otherwise changed only to the extent necessary to achieve such validity. The invalid clause will, if required, be removed from these terms and conditions, and the remaining clauses will still be in full force and effect.
24. Time Limitation for Filing a Claim
You must initiate any action or procedure pertaining to a Dispute within one year after the cause of action arises.
You may not transfer any rights granted to you by our terms of service.
Unless specifically allowed by POSApt, you may not transfer or assign these General Terms or any rights or licenses granted hereunder, and any such transfer or assignment is invalid.
26. Services of Third Parties and Links to Other Websites
During your use of our goods and services, third-party services may be made available to you. We are not liable for any problems you may encounter with them.
You may be offered services, goods, and promotions by third parties other than POSApt ("Third Party Services"), including but not limited to third-party developers who use POSApt's services. If you elect to utilize Third-Party Services, it will be your responsibility to check and comprehend their terms and conditions. We assume no responsibility or liability for the operation of Third Party Services. In addition, you agree to address any dispute between you and a third party about the terms and conditions of any Third Party Services directly with the third party in accordance with the terms and conditions of such connection, and not with POSApt. The Services may contain links to the websites of third parties. The inclusion of any website link does not constitute approval, suggestion, or endorsement by POSApt. Such third-party websites are not subject to our Terms and Conditions. You browse these sites at your own peril. We disclaim any responsibility for the content of these websites. When you click a link on the Services to visit a third-party website, our Privacy Statement is no longer applicable. Your use of a third-party website, including those to which the Services provide a link, is subject to that website's own terms, rules, and policies.
27. Third-Party Recipients
No provision in these General Terms or any applicable Additional Terms is intended to or shall confer any rights on a third party with regard to the subject matter of these General Terms or any applicable Additional Terms.
These General Terms and any Additional Terms or Policies applicable to the Services constitute the entire agreement between you and POSApt pertaining to the Services. In the case of a disagreement between these General Terms and any other POSApt agreement or Policy, these General Terms shall take precedence and govern the conflicting subject matter. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, it will be modified and interpreted so as to achieve its objectives to the greatest extent possible under applicable law, and the remaining provisions will remain in full force and effect. These General Terms do not limit any rights we may have under trade secrets, intellectual property, patent, or any other applicable legislation. No waiver of any provision of these General Terms may be construed as a subsequent or continuing waiver of that provision or any other provision.