Terms & Conditions
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, PURCHASING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Simply POS and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively "you") do not agree to the terms and conditions of this agreement, do not download or install the software.
PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all vb, vb.net, html, asp, aspx, dll, graphic/image, and text files) are owned by Simply POS Such rights are protected by Australian copyright laws, other applicable copyright laws, and international treaty provisions. Simply POS retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “vb”, “vb.net”, "html", "asp", and "aspx" files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Simply POS reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in asp/asp.net scripts, this includes any references to Simply POS, Simply POS for Restaurants, Simply POS for Cafe & Takeaway, Simply POS for Pizza Shops, and simplypos.com.au.
Each copy of the software must have its own (separate) license and be registered with Simply POS. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. Individual software licenses are only valid when registered to a computer/server. This license does not grant any reseller privileges.
OPTIONAL SERVER LICENSES:
If a "server" license is purchased, the software is considered licensed only when it resides on the licensed server, which must be registered with Simply POS. Each server license is issued to one (1) physical computer/server. Each server that contains the software, or any portion thereof, must have it's own license. Server licenses are not equivalent to individual licenses, meaning the software must remain on the licensed server at all times. This license does not grant any reseller privileges.
DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. Simply POS specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will Simply POS, or its employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
Software (including but not limited to all .zip, .html, .asp, .aspx, .vb, graphic/image, and text files) that is not specifically referred to as "trial software", or that includes the "source code", cannot be returned for a refund. Should you experience a problem with any purchased software, Simply POS offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
Some software and services purchased from Simply POS, may include limited free support (technical support, re-downloads, and free updates may be limited to 1 year from date of original qualifying purchase). Unless stated otherwise (or 12 months technical support is included in your purchase) the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support dept. for assistance, click on "Contact Us" and follow the links to "Support".
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. Simply POS does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Simply POS) should be backed up on a regular basis and should always be backed up before you begin any installation tasks. (tip: to back up your data, login > tools > backup DB)
OPTIONAL INSTALLATION SERVICE:
If you have purchased the optional installation service, Simply POS will install the software onto your computer/server. Our technicians will then test the software. Installation includes basic configuration only, unless stated in writing prior to installation. We will not setup your items, categories, payment gateways, or any other elements. After we determine that the installation was successful, technical support is provided at the current technical support department hourly rate. By accepting our services, you acknowledge that Simply POS is not responsible for any web hosting monthly fees, setup fees, or any other fees associated with the use or installation of our software or scripts. While we will make every attempt to safeguard data during installation or service, we do not assume responsibility for loss of data. Hard disks and all data on your server should be backed up on a regular basis and should always be backed up before Simply POS is called for service or installation. We are not responsible for any loss of data.
Simply POS neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. Simply POS, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
Updated 1 October, 2015