TERMS OF SERVICE
In consideration of POS Republic Pty Ltd ABN 73 619 872 061 of 12 Kerry Road, Archerfield QLD 4108 providing access to the Applications, Cloud Platform and its Services to You, you agree to abide by the following terms and conditions:
In these terms Of Service:
“POS Republic” means POS Republic Pty Ltd ABN 73 619 872 061 of 12 Kerry Road, Archerfield QLD 4108.
“Derived Information” means any part of the Information or any data derived in any way from the manipulation of the Information or any part of the Information;
The “Applications”,” Cloud Platform” and “Services are products and services that are created and/or licensed by POS Republic.
“You” means the person, persons or company to whom POS Republic provides the Services.
2.0 LIMITED RIGHT OF ACCESS
2.1 If You are more than one person, then all persons are jointly and severally bound by these terms and conditions.
2.2 POS Republic grants to You, for Your use only, a limited non-transferable, non-exclusive right to access the Applications & Cloud Platform for the purpose of using the Services.
2.3 You acknowledge that POS Republic reserves the right to refuse any application to provide access to our Applications, Cloud Platform and the Services in POS Republic’s absolute discretion.
2.4 You acknowledge that POS Republic reserves the right to terminate or suspend Your access to the Applications, Web Portal and the Services at any time without any reason whatsoever and without prior notice.
2.5 Your access to the Applications, Cloud Platform and use of Services is subject to the usual access and Services guidelines and policies of POS Republic.
3.0 SECURITY IDENTIFICATION
3.1 POS Republic will provide You with a confidential password, username, and keyword (collectively, “Logon ID”) in order that You may access the Cloud Platform in order to use the Services.
3.2 POS Republic may provide You (including each and every person if there is more then one of You) and each of Your nominated representative(s) with an individual password, username, or keyword, or a combination of any of these (collectively, “Individual Logon ID”).
3.3 You and Your nominated representative(s) are solely responsible for the confidentiality and use of Your Logon ID and Individual Logon ID. You will notify POS Republic immediately if You become aware of any loss or theft or unauthorised use of Your Logon ID or any Individual Logon ID or any part thereof. After such notification POS Republic shall as soon as reasonably possible disable access to the Web portal and Services for such Logon ID or Individual Logon ID and shall issue a replacement Logon ID or Individual Logon ID accordingly.
3.4 POS Republic is entitled to assume that any instruction received containing all or any part of the Logon ID or Individual ID originates from You or the authorised representative to whom the Logon ID or Individual ID is assigned and that such instruction is a valid instruction. POS Republic is not obliged to inquire into the validity of any such instruction received.
3.5 POS Republic deems that the person using an Individual Logon ID or any part of it to access the Cloud Platform and the Services is the person to whom the Login ID is assigned to.
4.0 YOUR INSTRUCTIONS
4.1 POS Republic reserves the right at all times to decline to accept Your instructions without giving any reason or explanation or prior notice.
4.2 Without limitation to condition 4.1 POS Republic reserves the right to decline to act on Your behalf or accept Your instructions where Your instructions are believed by POS Republic to be unclear, ambiguous or incomplete.
4.3 You authorise POS Republic to accept instructions on Your behalf from Your nominated representative(s) and You confirm that Your authorised representative(s) has/have the power to do the following in Your name and on Your behalf from time to time to:
(a) give instructions to POS Republic on Your behalf; and
(b) access the Cloud Platform and use the Services.
4.4 You agree to ratify and confirm all actions carried out by POS Republic on the instructions of Your authorised representative(s).
4.5 When You are more than one person, POS Republic may accept instructions from one or more of You on behalf of all of You.
4.6 You agree that all risk and liability for any unauthorised instructions or fraud lies with You alone and that You will indemnify POS Republic from all loss, costs and expenses arising from such unauthorised instruction or fraud.
4.7 POS Republic has the right to request written confirmation of instructions before acting on any instructions from You or Your nominated representative(s).
4.8 POS Republic may assume the authenticity of any instructions given or purportedly given orally, in writing or by electronic means (including any electronic instructions which include all or any part of Your Logon ID or Individual Logon ID) by You or Your nominated representative(s), or that any person claiming to be Your nominated representative is in fact that person. POS Republic is not obliged to inquire into any of the matters mentioned in this condition and You authorize POS Republic to act upon such instructions believed by POS Republic to be authentic.
4.9 POS Republic will use its best endeavors to execute Your instructions, but POS Republic will not guarantee that Your instructions will be wholly or partially executed or will be executed by a certain time.
4.11 You authorise POS Republic to record any telephone communications between Yourself, Your authorised representative(s) and POS Republic, with or without an audible tone-warning device.
4.12 In case of dispute, POS Republic’s records of electronic or telephone communications or facsimile transmission shall be conclusive evidence of the details of the communications by electronic mail, internet, telephone or facsimile (as the case may be) between You and POS Republic.
5.0 ACKNOWLEDGEMENTS AND REPRESENTATIONS
5.1 If You are a trustee or an agent, You are bound by these terms and conditions as a trustee or an agent, and personally. If You are a corporation, the directors are also bound by these terms and conditions.
5.2 You warrant that You have the power and the authority to agree to these terms and conditions, and to carry out Your obligations under them. If You are a corporation, You warrant that You hold a valid ACN, ABN or ARBN.
6.0 USE OF INFORMATION
6.1 You acknowledge that the transmission speed, format or content of the Information and Derived Information may be changed without any prior notice.
7.1 You agree to pay top-up commission fees, and any other charges as specified by POS Republic unless Fees subsidised by your Reseller. Any fees are outlined prior to payment and any information relevant to your reseller in the Fee Disclosure section within the Cloud Platform. You also agree to reimburse POS Republic for any fees, taxes, consumption or value-added tax or any other charges levied in relation to the Services. POS Republic reserves the right to vary such fees and charges, and the method of charging at any time, without prior notice. POS Republic uses all means available to limit the amount of fees charged by Banks for the transfer of funds.
7.2 If the goods and services tax (“GST”) has application to the supply of Services by POS Republic, POS Republic will in addition to any amount or consideration payable under these terms and conditions, recover from You an additional amount on account of the applicable GST.
8.1 You release POS Republic, the Information Providers and their respective employees and agents from any obligation or liability of any kind to or through You with respect to the transmission, provision, or use of the Services, the Information or Derived Information or any part thereof and, without limiting the generality of the foregoing, for any delays, interruptions, errors or omissions howsoever occasioned (including negligence).
8.2 To the maximum extent permitted by law, You acknowledge that POS Republic, the Information Provider, and their respective employees and agents will not be liable to You or anyone else for any loss or damage, whether direct or indirect, special, incidental or consequential or economic (including loss of profits), whether or not POS Republic knew or could have known of the possibility of such damage, where that damage arises from:
delay, interruption, omission, failure, error or fault in the execution of Your instructions (including negligence);
delay in the execution of Your instructions arising from a review of Your instructions by POS Republic;
any error, omissions, non-receipt or invalidity in Your instructions;
any fault, error, defect or engineering of the Web portal or our computer systems, or any delay, fault, failure in or loss of access to the web portal; and
any cause beyond the reasonable control of POS Republic, including but not limited to, failure of electronic or mechanical equipment or communication lines, unauthorised access or labour problems.
8.3 POS Republic, the Information providers and their respective employees and agents do not give any representations or warranties as to the availability, accuracy, completeness, currency or reliability of the Information or Derived Information, or the results to be obtained from the Information or Derived Information; and POS Republic expressly disclaims all and any liability (including negligence for any act or omission) to You or any person for any damage or loss (direct or indirect, special, incidental or consequential or economic) resulting from the use of or reliance on the Information or Derived Information or any part thereof by You or any other person.
8.4 Nothing in sub-clauses 8.1, 8.2 and 8.3 shall exclude any implied condition or warranty the exclusion of which would contravene any statute or cause any part of these terms and conditions to be void or invalid.
8.5 To the extent permitted by law, any liability to You for any reason is limited to the restoration of the Service to You, but if that is not possible or appropriate, then the refund of the fees paid by You in relation to the supply of Information or Derived Information for the month in which the cause of liability arises.
9.0 INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that all copyright and other intellectual property rights of whatever nature in the Information and Derived Information, and the electronic means of transmission of the Information and Derived Information, are and will remain vested in POS Republic. You will promptly notify POS Republic of any improper or unlawful use of the Information or Derived Information or infringement of any of the copyright or other intellectual property rights in the Information or Derived Information that comes to Your notice.
10.0 VARIATION AND TERMINATION
10.1 You may terminate Your access to the Applications, Cloud Platform and Services by giving not less than seven (7) business days written notice to POS Republic, subject to all outstanding obligations being duly discharged.
10.2 POS Republic may terminate Your access to the Cloud Platform at any time and without prior notice, subject to all outstanding obligations being duly discharged.
10.3 POS Republic may vary these terms and conditions by giving You not less than seven (7) business days’ notice (in writing or by electronic mail). Any continued use by You of Your access to the Cloud Platform is an acceptance of the variation.
11.1 Any notice given, or demand made by POS Republic may be made personally, by facsimile, by pre-paid letter or by electronic mail to Your last notified address, facsimile number or electronic mail address as the case may be. Such notice or demand shall be deemed to have been received by You on the same day of transmission if sent by facsimile, electronic mail or personal delivery; or on the business day following posting in the case of pre-paid letter.
12.0 APPLICABLE LAW
12.1 This Agreement shall be governed by the laws of the State of Queensland, and the parties submit to the jurisdiction of that State, but POS Republic may commence proceedings in another competent jurisdiction.
13.0 REFUND POLICY
14.1 POS Republic shall not provide cash refunds in any circumstances.
14.2 In the event where the business has requested to stop using the Applications, Cloud Platform or services, you must follow the guideline below prior to requesting refund:
contact POS Republic support on 1300 177 767 or firstname.lastname@example.org
15.1 If you add funds to your Account using your credit card via your secure online login (web portal or App) you must not charge back, cancel or dispute the credit card charge.
15.2 By using the POS Republic system to purchase Goods or Services, you have agreed to the terms & conditions and must not charge back, cancel or de-authorise the credit card charge.’
15.3 POS Republic, at its sole discretion, have the rights to recover the cost of any Goods or services purchased by you and the amount of any charge-back or other fees incurred, should you breach clause 15.1 and/or 15.2. This will be achieved by many ways including but not limited to reducing your Account balance, re-debiting your credit card for the amount disputed or otherwise collecting such amount from you via debt recovery protocol
TERMS OF SERVICE POLICY UPDATES
This Terms Of Service may change from time to time and is available on our website.
Complaints and Enquiries
If you have any queries or complaints about our Terms Of Service, please contact us at:
12 Kerry Road
Archerfield QLD 4108
1300 177 767