Terms and Conditions

Terms and conditions

Last updated: 11th October 2018

1. INTRODUCTION

These are the terms and conditions of our supply of Maxial Products to you and the use of Maxial Products by you, including our obligations to each other (Terms).

If you accept these Terms, these Terms do not exclude, restrict or modify:

  1. 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) (Jurisdiction);
  2. the exercise of any right or remedy conferred by the Jurisdiction; or
  3. the liability of Maxial Solutions Pty Ltd for a failure to comply with any applicable consumer guarantees where to do so would:
    1. contravene the Jurisdiction; or
    2. cause any part of these Terms to be void.

DEFINITIONS

Some words in these Terms have particular meanings:

Business means the business for which the application is made and accepted for Maxial Products.

Loss or Claim means any loss, liability, action, proceeding, damage, cost or expense (including all reasonable legal costs and expenses), including liability in tort and consequential and economic losses.

Maxial Products means Maxial PMS, Maxial POS, MaxGo, Maxial Cloud and the services, features and functionality we make available to you from time to time and which you choose to use.

Other application means an application or service developed by a third party and is integrated and used in conjunction with Maxial Products.

Inactivity means that you have either not accessed or made use of any Maxial Product in recent history or have not otherwise contacted us to advise that you have been unable or unwilling to access or use any Maxial Product in that time.

User means a person authorised to use Maxial Products.

We, us and our means Maxial Solutions Pty Ltd ABN 75 096 613 231.

You means the Business, including each User.


2. GENERAL TERMS

2.1 Services

  • We agree to supply, and you agree to use, Maxial Products on the terms and conditions set out in these Terms.

2.2 Protecting Login Details

  • You agree to be liable if your login details are used by an unauthorised person.

2.3 Other User Responsibilities

  • We agree to supply, and you agree to use, Maxial Products on the terms and conditions set out in these Terms.

2.4 Our Intellectual Property and the Business Use of Maxial Products

  1. Until your use of Maxial Products is terminated, you have a non-exclusive and non-transferable license to use Maxial Products in the way that we authorize, which may change from time to time.
  2. These Terms do not give you any intellectual or other rights in any of our software, documents, templates, marketing material, trademarks, business names, logos, processes or methodologies and you must not otherwise use, reproduce or modify these intellectual property rights.
  3. These Terms do not give you any intellectual property or other rights in any of the software or other intellectual property supplied by any Third Party as a part of Maxial Products and you must not otherwise use, reproduce or modify these intellectual property rights.

2.5 Liabilities, Warranties, Representations and Indemnities

  1. To the extent permitted by law (and subject to section 1 if you accept these Terms in Australia), our liability to you for any non-compliance with a statutory guarantee or Loss or Claim arising out of or in connection with the supply of goods and services under these Terms or any breach by us of these Terms however arising is limited to the resupply of Maxial Products or the payment of the cost of resupply of Maxial Products.
  2. All representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded (to the extent that such representations, conditions, warranties and terms can be excluded at law).

2.6 Notices

  1. You agree that all communications between you and us in relation to Maxial Products will be by email, by in-product communication or our website, unless another method is agreed by the addressee.
  2. Any notice or other communication to or by a party by email is regarded as being given by the sender and received by the addressee when a delivery confirmation report is received by the sender which records the time that the email was delivered to the addressee’s email address (unless the sender receives a delivery failure notification).

2.7 Period of Inactivity

  • If you do not have an active paid subscription to any Maxial Products, we reserve the right to restrict access to or disable any associated Services if there has been a period of inactivity of 10 days or more in the first instance, on the condition that we have provided reasonable notice of doing so first.

3. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Maxial Solutions Pty Ltd will give reasonable notice of amendments of these Terms.

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