Terms of service

By using POS Cafe services (as defined below) you are agreeing to be bound by the following terms and conditions ("Terms of Service"). You must read, agree to and accept all of the terms and conditions contained in the Terms of Service. These Terms of Use are applicable to visitors, users, and others who access or use the Service, Apps, themes, and others.

As used in this Agreement, "you" and "your" refers to you, the person or entity accessing the Services; "we" means (and "us", "our", "ours" and "ourselves" refer to) POS Cafe, ABN 21 658 902 865 and "party" or "parties" refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

Our Service

POS Cafe is a Service designed to enhance your business’ point of sale, and the specifics of the Service (including technical details, support and pricing information) are available on our website, https://poscafe.app. 

POS Cafe shall use commercially reasonable efforts to provide technical support for its Services. We are not responsible for providing technical support for any applications, products, or services provided to you by third parties.

If you have any questions about any terms or details of any of our Services, please contact us.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Plan(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis, depending on the subscription plan you select when purchasing a Subscription. A minimum number of Billing Cycles may apply to a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or POS Cafe cancels it. You may cancel your Subscription renewal either through your online account settings page or by contacting POS Cafe’s customer support team, taking into account a notice period of at least 30 days.

A valid payment method, including a credit card, Shoppay, GooglePay, or ApplePay, is required to process the payment for your Subscription. You shall provide POS Cafe with accurate and complete billing information including full name, address, state, post code, country, telephone number, and a valid payment method. By submitting such payment information, you automatically authorise POS Cafe to charge all Subscription fees incurred through your account to any such payment instruments.

Trial Period

We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be displayed during the Services install process. You will not be charged for the Services until the trial period has expired.

You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.

Fee Changes

POS Cafe, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change shall become effective at the end of the then-current Billing Cycle.

POS Cafe shall provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such modifications become effective.

Your continued use of the Service after the modification of the Subscription fee comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancellation, Termination & Refund Policy

If you breach any provision of this Agreement (as determined by us, in our sole discretion), we may terminate this Agreement and you may no longer use the Service. We may, at any time, and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Service and this Agreement, all without notice or liability to you or to any other person.

You must be 18 years or older to use the Service. You are responsible for keeping your password secure. POS Cafe cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the POS Cafe service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the state of Queensland.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any POS Cafe customer, POS Cafe employee, member, or officer will result in immediate account termination.

We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to you if we have suspended or terminated your permission to use the Service or any part thereof. We reserve the right to cease, suspend or interrupt operation of, or access to, the Service or any part thereof, and we shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

While we do not offer any refunds on our Services and all sales are final, you may cancel your subscription(s) before your next billing cycle for no additional charges by providing written notice to POS Cafe thirty (30) days prior to the next billing cycle. For Services that you are billed through Shopify's ecommerce platform, uninstallation of the application shall serve as a sufficient alternative to written notice. Upon termination, all payments for Services received pursuant to this Agreement shall become due immediately. 

When the Service is terminated by you or by us, for any reason, we will stop providing the Service to you, and you will no longer be able to access your account. You shall uninstall and/or delete any apps or other software you have downloaded from us. The termination of the Service may result in the loss of content which is associated with your account and we are not responsible for storing or providing you copies of such content.

Provisions which, by their nature, should survive termination of this Agreement (including, without limitation, obligations you have to pay or indemnify us, limitations on our liability and any releases of us, terms regarding confidentiality, ownership of intellectual property rights and rules which govern disputes between us), shall survive termination of this Agreement.

Continued Use, Updates and Upgrades

We reserve the right to modify, update, remove or disable access to our Service, without notice to you, and we will not be liable to you if we exercise those rights. When you purchase our Service, you are purchasing the right to use that Service as of the time you purchase it. You are not paying for the right to any updates, upgrades or future versions of the Service, though we may make such updates, upgrades or future versions available to you, in our sole discretion. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so. Furthermore, POS Cafe reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. POS Cafe shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

From time to time,POS Cafe may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge ("Updates"), and such Updates will become part of the Service and subject to this Agreement; provided that POS Cafe shall have no obligation under this Agreement or otherwise to provide any such Updates. Client understands that POS Cafe may cease supporting old versions or releases of the Services at any time in its sole discretion; provided that POS Cafe shall use commercially reasonable efforts to give Client sixty (60) days prior notice of any major changes. For clarity, POS Cafe may also offer new features for an additional fee, and Client may subscribe to such new features.

Prohibited Uses

You agree not to use, and not to encourage or allow any User to use, the Services in the following prohibited ways:

  1. Modifying, reverse-engineering, hacking or attempting to hack or otherwise discover any source code or underlying ideas or algorithms, limitations or vulnerabilities of the Service;
  2. Using the Service in a manner that is, facilitates, or otherwise encourages (a) any illegal, fraudulent, or abusive activities or (b) materially interfering with the business or activities of POS Cafe or harming any of its Users;
  3. Selling, reselling, licensing, sublicensing, providing, leasing, lending, using for time-sharing or service bureau purposes, or otherwise using or allowing others to use the Services for the benefit of any third party, except as permitted by an Order Form or separate Software License Agreement;
  4. Attempting to bypass or break any security mechanism of the Services, or using the Services in any other manner that poses a material security or service risk to POS Café or any of its other users;
  5. Permitting direct or indirect access to or use of the Services for any form of excessive automated bulk activity such as spamming; inauthentic interactions, such as the creation or use of fake accounts and automated inauthentic activity; or mining or demonstrating proof-of-work or other proof by use of resources for any cryptocurrency or blockchain;
  6. Launching or facilitating, whether intentionally or unintentionally, a denial of service attack (including any actions, which effectively cause a similar result) on any of the Services, or any other conduct that, at POS Cafe’s sole discretion, materially and adversely impacts the availability, reliability, or stability of the Service;
  7. Transmitting, storing, using, displaying, distributing or otherwise making available any content, data or technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program or data, including without limitation viruses, Trojan horses, bots, worms, scripting exploits, time bombs or other malicious code;
  8. Using the Service to interfere with or disrupt the integrity or performance of the Service (or their components), or to attempt to gain unauthorised access to the Service, or any related systems or networks;
  9. Using the Service for any illegal purpose or to violate, or to encourage or facilitate the violation of, any laws (including, without limitation, data protection, privacy, consumer protection, and export control laws);
  10. Copying the Service, or any part, feature, function or user interface thereof, or accessing the Service in order to build a competitive product or service;
  11. Using the Service in any manner that would result in an infringement, dilution, misappropriation or other violation of any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks and trade secrets;
  12. Using the Service to create or transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that POS Cafe reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, disability, ethnicity, gender, geographic location, national origin, race, religion, sexual orientation or other protected category;
  13. Using the Service to transmit, store, display, distribute or otherwise make available content that is defamatory, libelous, threatening, harassing, abusive, hateful, deceptive, fraudulent, obscene, indecent, harmful to minors, or otherwise objectionable;
  14. Collecting or using any personal data about Users of the Service without their permission or for any purpose other than for which that User has authorised its use; or
  15. Accessing or using the Service from a location where we are unable to provide the Service due to export control laws or economic or other sanctions laws to which we are subject.

Feedback Ownership

As between the parties, POS Cafe retains all right, title, and interest in and to the Service, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by POS Cafe for the purposes of this Agreement, including any copies and derivative works of the foregoing. No rights or licenses are granted except as expressly set forth in this Agreement. Client may from time to time provide suggestions, comments or other feedback to POS Cafe with respect to the Service ("Feedback"). Feedback, even if designated as confidential by Client, shall not create any confidentiality obligation for POS Cafe notwithstanding anything else. Client shall, and hereby does, grant to POS Cafe a nonexclusive, worldwide, perpetual, irrevocable, transferable, royalty-free, fully paid up license, with the right to sublicense, to use and exploit the Feedback for any purpose.

Publicity and Branding

POS Cafe is permitted to disclose (including through display of your logo) that you are one of its customers (including in its publicity and marketing materials), provided that you may revoke the foregoing rights upon prior written notice to POS Cafe.

Right to use the Services and Intellectual Property

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Service for the purpose of operating your business point of sale. This right terminates upon termination of this Agreement or any other agreements previously provided to you by us, as may be applicable. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.

All materials displayed or otherwise accessible on or through the Services, including source code ("Our Content"), and the selection and arrangement of Our Content, are protected by copyright, pursuant to copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on our website, or as part of our Services, by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Services or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited.

Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.

If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using the contact information below.

You expressly understand and agree that POS Cafe shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall POS Cafe or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by POS Cafe.

Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our website, including a limited license to download, print and store single copies of Our Content (other than source code) from our website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in our website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.

Third Party Services and Content

We are not a party to any relationship between you and any third party, including, but not limited to, you and your ecommerce platform or you and your customers (your "Customers"), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Your use of the Services may rely on services and products which are offered by third parties ("Third Party Services"). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

We may make third parties' content and materials ("Third Party Content") available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.

You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release POS Cafe and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Service.


Privacy Policy

We are committed to protecting your privacy, in accordance with the terms and conditions of the POS Cafe Privacy Policy. By accessing and continuing to use the Services, including without limitation by registering or creating an account or profile with POS Cafe, and by providing personally identifiable information or personal data to POS Cafe through the Services, you are acknowledging that you have read our Privacy Policy (which sets out how we process personal data, and our legal basis for processing personal data) and that you agree and consent to us processing your personal data to provide the Services to you in accordance with this Agreement and our Privacy Policy. Please ensure that you have reviewed and understand our Privacy Policy before purchasing or subscribing for any Service from us or providing personal data to us.


Indemnity

You shall defend, indemnify, and hold harmless POS Cafe, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers, partners, third party service providers and representatives from all liabilities, claims, and expenses ("Losses"), that arise from or relate to your data or use of the Service.

Disclaimer

POS Cafe shall use reasonable commercial efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Professional Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by POS Cafe or by third-party providers, or because of other causes beyond POS Cafe's reasonable control. However, POS Cafe does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.

EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Limitation of Liability

IN NO EVENT SHALL POS CAFE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CLIENT TO POS Cafe HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.

Miscellaneous

These Terms represent the complete agreement concerning the Service between You and POS Cafe and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of Australia, excluding choice of law principles. All proceedings shall be conducted in English. The United Nations Convention for the International Sale of Goods shall not apply. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay POS Cafe, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

Contact Us

If you have any questions about these Terms, please contact us.