Terms & Conditions

Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to AAAPOS. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy below for information relating to our collection, storage and use of the details you provide on registration.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

On registration, we provide you with a password and user name. On registration you agree to pay for our services as set out on our website.

We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.

Packaging and postage is an additional charge, calculated at time of purchase.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

All risk of loss or damage to the goods passes to you when we despatch the goods.

In case of product becoming faulty after usage, you are entitled to claim warranty from the manufacturer. You must inform us first about the issue and then we will issue you a warranty claim form for the products purchased from us and under the warranty. We may require photos of the problem before a claim form is supplied. Decision on warranty claim will be made by the manufacturer only. All postage costs must be paid by you.

Product Returns & Warranty

Any product delivered to you that is wrong, faulty or is in a damaged condition. You may return a faulty or damaged product, you must notify us through our designated “contact us” webpage within (7) business days, once we get notified about the faulty and damaged products we will send you out requirements relating to return of such goods.

In case of faulty or damaged products, if we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase excluding packaging and postage charges.

We do not accept any returns for change of mind, so please choose your product carefully or contact us at via our website if you have any questions.

In case of goods received are damaged at the time of shipment delivery, you must notify us about the same via the website within 24 hours, we will then respond and request you provide photographic evidence of the parcel and it’s contents.

Products sold by AAAPOS are covered by Return to Base warranty at the expense of the Customer unless specified otherwise.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cwth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

Schedule 2 of the C Schedule 2 of the C&C

those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

We will repair or replace the goods or any part of them that is defective; or

Provide again or rectify any services or part of them that are defective; or

Wholly or partly recompense you if they are defective.

As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:

If you are a consumer within the meaning of Schedule 2 of the C&C If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C

If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.

Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website and our services, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and our services.

Force Majeure

If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of VIC and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in VIC and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy.

AAAPOS WebStore Manager Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN THE PURCHASER OF THIS SOFTWARE PACKAGE (HEREAFTER “PURCHASER”) AND AAAPOS.

AAAPOS agrees to grant, and Purchaser agrees to accept, under the following terms and conditions a non-exclusive non-transferable license to use AAAPOS’s WebStore Manager (“Software”), as indicated below.

PURCHASER’S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SOFTWARE ARE AS FOLLOWS:

Purchaser may use the Software on a single computer only (or as invoiced), unless authorised in writing by AAAPOS.

Purchaser shall not cause or permit the reverse compilation or disassembly of the Software.

Purchaser may transfer the Software on a permanent basis provided: (i) the recipient agrees to the terms and conditions of this Agreement and (ii) Purchaser destroys any and all copies of the Software in Purchaser’s possession. Such transfer may not be outside the country in which Purchaser takes delivery of the Software without AAAPOS’s prior written permission.

Purchaser may make one copy of the Software (except documentation) in machine-readable form solely for backup and archival purposes, provided Purchaser reproduces all proprietary notices.

In the event that this package contains an update or upgrade release of the Software (under the same license number) that was originally acquired by Purchaser, Purchaser agrees to destroy and not use (and not permit the use of) any previous release or version of the Software in Purchaser’s possession under that license number.

OWNERSHIP: AAAPOS and/or AAAPOS’s licensors shall retain all and sole right, title and interest in and to the Software. Purchaser acknowledges that the Software is copyrighted and protected under the copyright laws and agrees not to remove any copyright or other proprietary or product identification notices from the Software. Purchaser acknowledges and agrees that the Software may have been developed by and may include software licensed by a third party licensor named in the copyright notice(s) included with the Software, who shall be authorised to hold Purchaser responsible for any copyright infringement or violation of this Agreement.

TERMINATION: This Agreement is effective from the date Purchaser receives the Software and shall remain in force until terminated. Purchaser may terminate it at any time by destroying the Software together with all copies, modifications, and merged portions in any form. This Agreement shall also be terminated if Purchaser fails to comply with any of the terms or conditions of this Agreement. Purchaser agrees, upon such termination, to destroy the Software together with all copies, modifications, and merged portions in any form.

LIMITED WARRANTY: THE SOFTWARE IS PROVIDED “AS IS.” AAAPOS WARRANTS THAT THE MEDIA ACCOMPANYING THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SPECIFICATION SET FORTH IN THE ACCOMPANYING DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS AFTER PURCHASER’S PAYMENT OF THE LICENSE FEE, WHEN PROPERLY INSTALLED ON A COMPUTER FOR WHICH A LICENSE IS GRANTED HEREUNDER. AAAPOS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY: IN NO EVENT WILL AAAPOS BE LIABLE FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AAAPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. AAAPOS’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

GENERAL: Purchaser may not use, copy, modify, sublicense, rent, sell, assign or transfer this license or the Software except as expressly provided in this Agreement. Purchaser acknowledges that Purchaser have read this Agreement, understands it, and agrees to be bound by its terms and conditions. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted. This Agreement shall be governed by the laws of the State of Victoria Australia. Should litigation arise concerning this Agreement, the prevailing party shall be entitled to its legal fees and court costs, in addition to any other relief it may be awarded. Purchaser agrees that this is the complete and exclusive statement of the agreement between Purchaser and AAAPOS, which supersedes all proposals, oral or written, and all other communications between us relating to the subject matter of this Agreement. Purchaser agrees that no modification to this Agreement or any of its terms may be made except by express written agreement with AAAPOS. The waiver by either party of a breach of any term of this Agreement shall not constitute a waiver of any subsequent breach of this Agreement.

AAAPOS RetailManager Licence Agreement

Disclaimer

Information supplied by the member companies of the AAAPOS group (whether in user documentation and other literature, video or audio material,training courses, websites, advice given by staff, or provided by other means) is intended only to illustrate general principles, and may not be complete, accurate or free of error. As accounting standards, taxation requirements, legislation and the circumstances of individual businesses vary widely, this information cannot be considered authoritative and may not apply to your specific situation. You should obtain competent advice from a qualified accounting, taxation, information‐technology, or legal professional before acting on such information. To the extent permitted by law, member companies of the AAAPOS group are not liable for any special, consequential, direct or indirect damages arising from loss of function, profits or data resulting from your application of such information. In the event that any of the above limitations are found to be unenforceable, the AAAPOS member company’s liability is limited to the return of any fees or monies paid for the purchase of the product or service.

Trademarks

RetailManager™, RetailReady™, RetailHospitality™ RetailManager®, RetailManager Professional®, RetailManager Standard® and RetailHospitality® are trademarks or registered trademarks of AAAPOS Pty Ltd and their use is prohibited without prior consent. MYOB®, MYOB Accountants Office®, MYOB AccountEdge®, MYOB Accounting™, MYOB Accounting Plus™, MYOB AccountRight Standard®, MYOB AccountRight Plus®, MYOB AccountRight Premier® MYOB AccountRight Enterprise®, MYOB BusinessBasics™, BusinessBasics™, MYOB CashBasics™, MYOB FirstEdge®, FirstEdge®, MYOB Premier®, Premier®, MYOB Premier Enterprise®, Accountants Office®, AccountEdge®, Accounting Plus™, MYOB RetailBasics®, RetailManager Enterprise®, MYOB RetailEnterprise™ and RetailEnterprise™are trademarks or registered trademarks of MYOB Technology Pty Ltd and their use is prohibited without prior consent. Ceedata, Solution 6 MAS and Xlon are registered trademarks or trademarks of Solution 6 Holdings Limited, a member of the MYOB group. Avery [labels] and the triangle icon are trademarks of Avery Dennison Corporation. Avery [scales] and Avery Berkel are trademarks or registered trademarks of Weigh‐Tronix, Inc. Citizen is a registered trademark of CBM, Inc. Code 128, EAN 13, EAN.UCC‐13 and EAN.UCC‐128 are trademarks or registered trademarks of Uniform Code Council, Inc. or EAN International. DPS and Payment Express are trademarks of Direct Payment Solutions Limited. Epson is a registered trademark of Seiko Epson Corporation. Ingenico is a trademark of Ingenico SA. Lotus 1‐2‐3 and SurePos are registered trademarks of IBM Corporation. Magellan is a registered trademark of PSC Inc. MagIC and SchlumbergerSema are trademarks or registered trademarks of Schlumberger Limited. MasterCard® is a registered trademark of MasterCard International Incorporated. Adobe®, Acrobat®, Acrobat Reader®, Adobe Reader®, PDF™, and PostScript® are trademarks or registered trademarks of Adobe SystemsIncorporated. Microsoft, Access, Excel, Internet Explorer, Office, Outlook, Smart Tags, Windows and Word are registered trademarks or trademarks of Microsoft Corporation in the United States or other countries. National is a trademark of National Australia Bank Limited. Paradox is a trademark of Corel Corporation. PartnerTech is a trademark of PartnerTech USA, Inc. Posiflex is a registered trademark of Mustek Corp. Provenco and Syncro are registered trademarks of ProvencoGroup Limited. Quicken and QuickBooks are registered trademarks of Intuit Inc. St George is a trademark of St.George Bank Limited. Samsung is a registered trademark of Samsung Electronics. Seagate Crystal Reports is a registered trademark of Seagate Software, Inc. Soteke is a trademark of Soteke Pty Ltd. Star is a trademark of Star Micronics Co. TEC is a trademark of TEC Australia Pty. Ltd. Toledo is a trademark of Mettler‐Toledo International Inc. Tyro is a trademark of MoneySwitch Limited. Unistat is a trademark of Unistat Pty Limited. VISA® is a registered trademark of Visa International Service Association. Wedderburn is a trademark of W.W. Wedderburn Pty Ltd. Westpac is a registered trademark of Westpac Banking Corporation. Other products mentioned may be service marks, trademarks or registered trademarks of their respective owners.

IMPORTANT ‐ SOFTWARE LICENCE AGREEMENT, READ THIS AGREEMENT CAREFULLY.

This Software Licence Agreement defines the terms of sale and use of the AAAPOS RetailManager software and related User Guide and explanatory materials (‘the Product’) and is the Licence referred to on the packaging of the Product. HOWEVER, if the Licence Agreement contains anything of which you were not aware prior to purchasing the Product or do not agree to be bound by, DO NOT INSTALL THE SOFTWARE but return the Product to the reseller in its entirety and a full refund of the purchase price will be made. For the purpose of this agreement the Product shall include any modified versions and upgrades subsequently licensed to you. By installing and retaining the Product you are confirming that you have purchased the Product subject to this Licence and are bound by its provisions.

1 Scope of License

AAAPOS Pty Ltd (‘AAAPOS’) through its local publishers, and distribution agents, hereby grants to you, the original purchaser, a paid‐up, personal, non‐exclusive and non‐transferable Licence to use the Product subject to the terms and conditions of this Agreement.

a Single Computer Network You may use the Product on only one computer network that you own or operate at a single physical location and only then in respect of data files created by you or by another licensed user. You May transfer the Product from one computer to another that you own or operate on this network provided that you do not use or permit the usage of the Product on more than the licensed number of computers or computer terminals at a time, nor permit the usage of the Product on more than one network at any one time, nor permit the Product to be used in respect of data files not created by you or by another licensed user. In the event of an upgrade or product exchange the Licence hereby granted is automatically transferred to the new version or product. All rights in respect of the original product shall lapse and no further use of same shall be permitted.

b Copies You may not copy or duplicate the Product, except as necessary solely for archival purposes, Product error verification, or to replace defective storage media, provided you keep the original and the copies. You may not alter, decompile or disassemble the Product. You may not make copies of the related explanatory materials.

c Transfers You may not sell, sub‐license, lease, rent or lend the Product or otherwise transfer any of your rights under this Agreement. Subject to the prior written consent of AAAPOS and the agreement of the transferee to be bound by the terms of this Agreement, you may permanently transfer the Product if selling your current business to the new owners (together with any backup copies you have made). The new owners will also be required to have an active support package. However, you may not retain any copies of the Product.

d Term The License granted in this Agreement is effective until terminated. You may terminate it at any time by destroying the Product, together with all copies, or by returning them to AAAPOS. If you fail to comply with any term or condition of this Agreement, this Licence will terminate and, upon any such termination, you agree to immediately destroy the Product, together with all copies, or to return them to AAAPOS. Termination of this Licence shall be in addition to and not in lieu of any other remedies available to AAAPOS. Where you have entered into a Subscription Agreement with AAAPOS in respect of your use of the Product, the Licence granted in this Agreement will terminate if the Subscription Agreement terminates.

e Protection and Security You agree to use your best endeavours and to take all reasonable steps to safeguard the Product to ensure that no unauthorised person has access to the Product and that there is no unauthorised copying or distribution of the Product.

f Subscription Sale If purchased under a subscription sale, the right to use the software relies on you continuing to pay the monthly subscription fee.

2 Product Support

Where purchased under a Subscription Sale in respect of your use of the Product, your payment of the monthly subscription fee entitles you to ongoing support for the current version of the Product. The initial purchase price of an upgrade or an outright license may include a period of support notified to you by AAAPOS. On the expiration of this period, further support can be obtained at your expense. You can choose an annual or monthly support agreement which is automatically charged on a monthly (minimum term 12 months) or annual basis. 30 days notice is required if you wish to cancel your support services.

3A Limited Warranty and Disclaimer

AAAPOS warrant that the media on which the Product is provided are free from defects in materials and workmanship under normal use for a period of 90 days from the date of your original purchase. Except for the limited warranty described above, the Product is sold ‘as is’, and you are the entire risk as to its quality and performance. It is your responsibility to verify the results obtained from the use of the Product.

If during the 90‐day limited warranty period, you discover physical defects in the media on which the Product is supplied, AAAPOS will replace it at no charge to you, provided you return the item to be replaced with proof of purchase to AAAPOS. THIS IS YOUR SOLE REMEDY. IN NO EVENT WILL AAAPOS BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF AAAPOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. In the event that any of the above limitations or exclusions referred to in this section 3A or section 3B are held to be unenforceable, AAAPOS’s total liability shall not exceed the amount of the Licence fee you paid.

3B Australian Consumer Law

If you purchase the Product in Australia, this Agreement does not exclude, restrict or modify:

a the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any state or territory of Australia) (‘ACL’);

b the exercise of any right or remedy conferred by the ACL; or

c the liability of AAAPOS for a failure to comply with any applicable consumer guarantees where to do so would:

i. contravene the ACL; or
ii. cause any part of these provisions to be void.

5 Entire Agreement

This Licence (and Subscription Agreement if applicable) constitutes the entire agreement between AAAPOS and you and any prior representations, statement or undertaking howsoever made are expressly cancelled. No amendment or modification to this Licence shall be valid unless it shall be in writing and signed by an authorised representative of AAAPOS