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Account Owner and any Authorised User shall not (and shall not allow any third party to):
mypos Services are protected by copyright, trademark, and other Australian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, mypos trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.
You may upgrade or downgrade your mypos Subscription plan at any time. The Subscription plan upgrade/downgrade changes will become effective immediately so please read and understand following prior to making any such changes to your Account:
We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, mypos and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services. (i) mypos cannot guarantee the results generated through the service, or that the service will be continuously available for use without interruption, and (ii) the services are provided “as-is”, on an “as available” basis without any representation, warranty or condition of any kind, and mypos hereby disclaims all conditions, representations and all warranties whether express or implied, arising by law or otherwise with respect to the products, including, but not limited to, any (a) implied warranty of merchantability or fitness for a particular purpose, (b) implied warranty arising from course of performance, course of dealing, or usage of trade, (c) warranty of title or non-infringement; or (d) statutory remedy.
To the fullest extent permitted by law, in no event will mypos, its affiliates, suppliers or distributors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not mypos has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to mypos for the past 12 months of the services in question.
mypos’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. mypos may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
This Agreement will be governed by the laws of the State of Victoria, Australia. Any dispute arising under this Agreement shall be exclusively heard in the court of law in Victoria, Australia. You (Customer) hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia for all disputes arising out of or in connection with this Agreement.
In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period than any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Victoria, Australia. The arbitrator’s award will be final, and judgement may be entered upon it by any court having jurisdiction within the State of Victoria, Australia.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to mypos must be sent by email to “hello at myposup dot com” or to any other email address notified by email to You by mypos. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.