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Website Terms & Conditions

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, our products are sold on a Do-It-Yourself basis. 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. As we do not Refund and/or Exchange. 

5. In relation to point 4 above, a Re-Stocking Fee of upto 30% may be applied to Returned products under the Managements discretion. Products must be returned in full packaging and NOT USED for the Refund to be approved.  Damaged goods or Used items will be rejected.

Warranty

6. All products sold by HotPOS will include a minimum 12-Month Warranty by the manufacturer.  This warranty is to cover the product from manufacturer defects, it DOES NOT cover Damage caused to the unit by misuse, electrical spikes, willfull/accidental damage, water/liquid damage, electicial storms and other external events.  HotPOS reserves the right to reject a warranty claim if required.  Customers MUST follow the warranty process as advised by HotPOS Sales and return the item for repair/replacement. Customers must return the faulty product back to HotPOS at there own expense.  HotPOS will repair the item and return to the customer Free of Charge.

Our DOA Policy (Dead on Arrival) is strictly 7 days.  The product must be determined as faulty by HotPOS support staff and customers must return the product to HotPOS for a refund or exchange to be processed.  Advance replacements will NOT be sent or considered under any circumstances.  Please note the DOA process may take upto 72 Hours.

HotPOS will not be responsible nor liable for any loss of Business due to faulty products.  Customers should always have backup equipment to ensure business continuity.  HotPOS and it's Couriers/Agents cannot be held liable for delays in delivery.

From time to time we may offer FREE Warranty upgrades with our orders.  Please note this warranty upgrade is an additional 6 Months warranty cover, in addition to the standard Product Manufacturer warranty.   The product must be returned to HotPOS for warranty.  HotPOS will repair or replace the product if it fails within the 6 Month warranty extention period and return the product back to the customer.

7. By using this website  you agree to be bound by these terms and conditions (Terms) as modified from time to time.  If You do not agree to the Terms and Conditions specified herein You should not use the Website.

8. Products remain the property of HotPOS until full payment has been received.  HotPOS reserves the right to use to Debt Collection agencies to finalise any unpaid debts.


9. 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.


10. 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.


11. 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.


12. 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.

 

13. HOTPOS may offer Gift Cards from time to time to Develop Loyalty and additional purchase.  These gift cards have an Expiry Date and cannot be used in lieu of payment obligations.  Discount Codes are dependant on time of day and also the number of times they have been redeemed for that day.  Upto 1 code per day limit.

They must be used for future orders which will incur a Freight charge and subject to our Fair Use Policy.
  Furthermore, Gift Cards cannot be used for an order where another Gift Card is issued nor can they be used more than once per order per day. 

Gift Card Stacking is not allowed.  This is the process of splitting an order into separate single orders in order to receive multiple gift cards.  Cannot be used with any other offer.  Not redeemable by Resellers.

14. HOTPOS reserves the right to cancel any order or disapprove any misuse of the Gift Card or Loyalty system.

15. All credit card transactions processed via this Website will incur a 1.5% Surcharge.



Virus Warning


13. 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.


14. 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


16. 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.


17. 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


18. 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


19. 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

20. 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


21. 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.


22. HOTPOS makes no representation that the content of the Website complies with the laws of any country outside Australia.


23. All rights not expressly granted herein are reserved.


All Website Content Copyright (C) 2005 HotPOS PTY LTD
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