Terms and Conditions of our Service
At HOTPOS, we do our best to ensure our Products are accurately described and delivered in a timely manner. However, sometimes things may not go according to plan and we will attempt to rectify the matter. Please review the Terms and Conditions below:
1. All orders will need to be paid for in full prior to delivery. Credit Accounts will only be approved on an Ad-Hoc basis and under special circumstances.
2. Whilst HOTPOS endeavours to process and deliver orders within acceptable time frames, we cannot be held liable for late deliveries, lost deliveries or delays beyond our control.
3. HOTPOS is a Low-Cost Supplier and therefore, in order to keep our prices LOW, we only provide Basic Product Support with our products. Should you require dedicated Setup or Installation Assistance, you will need to purchase a Support Pack at an Additional Cost. We will always provide FREE User Guides, Setup Videos and Free Tools to help our customers.
4. Please choose your products carefully and ensure they are suitable for your configuration or needs. Refunds will be considered on a Case-by-case basis. We strive to conform with the Refunds and Exchanges guidelines set out by the Consumer Laws of Queensland.
5. In relation to point 4 above, a Re-Stocking Fee of upto 20% may be applied to Returned products. Damaged goods will be rejected.
6. By using this website you agree to be bound by these terms and conditions (Terms) as modified from time to time.
7. If You do not agree to the Terms and Conditions specified herein You should not use the Website.
8. By using this Website, you consent to HOTPOS sending electronic commercial messages to You to inform You of changes or additions to the Website, or of any other related products and Websites.
9. Some components of the Website are supplied to Us by third parties and We make no promises, express or implied, as to the Website including, but not limited to, its accuracy, relevance, or quality.
10. Except in jurisdictions where such provisions are restricted, You agree that HOTPOS's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Website(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount You paid for such Products during the term of this agreement. Except in jurisdictions where such provisions are restricted, HOTPOS, its licensors and contractors (including any third parties providing all or part of the Websites) shall not be liable for any indirect, incidental, special or consequential damages even if HOTPOS has been advised of the possibility of such damages.
11. To the extent that a State of Australia does not permit the exclusion or limitation of liability as set forth herein, HOTPOS's liability is limited to the extent permitted by law in such State.
Virus Warning
12. The internet is an unsecured public network. There is a risk that: information sent to or from this website may be intercepted, corrupted or modified by third parties; files obtained from or through this website may contain computer viruses or other defects. In using this website and material from it, you assume these risks and responsibility for any loss, damage or consequence resulting directly or indirectly from these risks.
13. Due to the nature of telecommunications systems We are unable to guarantee the Websites will always be fault or virus free. You acknowledge that the Website may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Website and will take all reasonable steps at Our expense to correct any error, omission or mistake, but will not be liable for any error, delay, or failure in transmission of the Website that could be reasonably considered beyond Our control.
Interruptions or Discontinuation of Website
14. HOTPOS may suspend the Website for repair, maintenance, and/or upgrade work. In such event, HOTPOS shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.
15. HOTPOS reserves the right to modify or discontinue, temporarily or permanently, individual Websites provided by it or third parties via the Websites, or the Websites themselves.
Indemnification
16. You agree to indemnify and hold HOTPOS, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor's fees, made by any third party due to or arising out of or in connection with (a) your use of the Website, and (b) the breach by you of your representations and warranties set forth herein.
Variations
17. You acknowledge and agree that we may change the terms of use at any time, which changes shall be effective upon posting such changes to the website. Any use of the Website after such posting shall constitute a binding acceptance by you of this agreement or any subsequent modifications.
Governing Law
18. This Agreement and your use of the Website and Website shall be governed and construed in accordance with the laws of Queensland. You irrevocably and unconditionally agree that for any matter arising out of or pertaining to this Website or Agreement, the proper venue shall be the courts and legal tribunals located in Brisbane, QLD, Australia.
19. HOTPOS makes every possible effort to comply with the following Laws and Regulations, including but not limited to:
a) SPAM Act 2003
b) Privacy Act 1998
20. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21. HOTPOS makes no representation that the content of the Website complies with the laws of any country outside Australia.
22. All rights not expressly granted herein are reserved.
