POSfinder Retailer Terms and Conditions
These terms and conditions apply to the use of this web site, including the use of the POSFinder Services (as described below) offered on this web site. In using this web site you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
Terminology
In these terms and conditions, the expressions we, us and our are a reference to Sill Marketing Pty Ltd (ABN 34 992 686 282). Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon posting on this web site. Your continued use of the web site following such posting will represent an agreement by you to be bound by the terms and conditions as amended. POSFinder Services
Once you enter the POSFinder web site, you will have access to information relating to point of sale (POS) solution software, hardware, vendors or technicians ("POS Information") which is entered into our POS solution vendor database by a number of POS solution vendors who have agreed to be included in our vendor database ("Vendors"). You will be required to provide certain information relating to your business (including your contact details) to us in order to use the services available on this website ("Your Information"). The POS Information made available to you will be based on Your Information. You may request further information relating to a POS solution or Vendor, in which case we will provide Your Information to the relevant Vendor who may then contact you and provide further information to you ("POSFinder Services"). You accept that any POS Information made available to you on this web site is provided by Vendors. It is made available to you on an "as is" basis, and we have no editorial or other control over its content. You acknowledge that the POS Information is not in the nature of advice or recommendation by us. We derive all POS Information from sources which we are informed to be accurate and up to date as at the date of publication. When you request more information about a Vendor or POS solution via this website, you agree that we may provide Your Information to the relevant Vendor, and you consent to being contacted by that Vendor. You agree that we are not responsible for the privacy policies or practices of any Vendor or other third party. You represent and warrant that you will use this web site and the POSFinder Services solely for the purpose of obtaining information about POS solutions and vendors which might meet your business’ bona fide requirements. We do not make any representation or warranty that the POS Information is reliable, accurate or complete or that your access to that POS Information will be uninterrupted, timely or secure. We do not endorse or make any representation or warranty of any kind in respect of any Vendor, or the goods or services provided by any Vendor. You should make your own enquiries and seek independent advice from Vendors, or from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to the POSFinder Services. You agree that all information provided to us by you is true, accurate, lawful and up-to-date. You also agree to use the POS Information and POSFinder Services for lawful purposes only. Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions. Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site. Whilst we have no reason to believe that any POS Information or any other information of any nature contained on this web site (together referred to as "Information") is inaccurate, we do not warrant the accuracy, adequacy or completeness of such Information or its fitness for any purpose, nor do we undertake to keep this web site (including the Information made available on it) updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of Information contained on this web site. You acknowledge that we are a distributor, not a publisher, of POS Information on this web site. Our editorial control is limited to the appointment of POS vendors as Vendors who make their POS Information available via the POSFinder Services. Any information, opinions or advice by Vendors or other third parties remain the responsibility of those Vendors or other third parties and we do not guarantee the accuracy, completeness or usefulness of that information or its fitness for any particular purposes. Where the Information made available on this web site contains opinions or judgements of Vendors or other third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any Information obtained through the POSFinder Services or otherwise appearing on this web site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such Information. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. Confidentiality
You hereby consent to disclosure of Your Information by us to third parties in accordance with these terms and conditions. All other information collected by us is treated in accordance with our privacy policy, which can be found here.
POSFinder is a trading name of Sill Marketing Pty Ltd. You must not use the POSFinder name:
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any Information contained on this web site for your personal use only, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this web site. Linked Web Sites
This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary. Privacy Policy
We undertake to comply with the terms of our privacy policy which can be found at http:www.posfinder.com.au/privacy.html. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Termination of Access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination. Governing Law
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
In these terms and conditions, the expressions we, us and our are a reference to Sill Marketing Pty Ltd (ABN 34 992 686 282). Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon posting on this web site. Your continued use of the web site following such posting will represent an agreement by you to be bound by the terms and conditions as amended. POSFinder Services
Once you enter the POSFinder web site, you will have access to information relating to point of sale (POS) solution software, hardware, vendors or technicians ("POS Information") which is entered into our POS solution vendor database by a number of POS solution vendors who have agreed to be included in our vendor database ("Vendors"). You will be required to provide certain information relating to your business (including your contact details) to us in order to use the services available on this website ("Your Information"). The POS Information made available to you will be based on Your Information. You may request further information relating to a POS solution or Vendor, in which case we will provide Your Information to the relevant Vendor who may then contact you and provide further information to you ("POSFinder Services"). You accept that any POS Information made available to you on this web site is provided by Vendors. It is made available to you on an "as is" basis, and we have no editorial or other control over its content. You acknowledge that the POS Information is not in the nature of advice or recommendation by us. We derive all POS Information from sources which we are informed to be accurate and up to date as at the date of publication. When you request more information about a Vendor or POS solution via this website, you agree that we may provide Your Information to the relevant Vendor, and you consent to being contacted by that Vendor. You agree that we are not responsible for the privacy policies or practices of any Vendor or other third party. You represent and warrant that you will use this web site and the POSFinder Services solely for the purpose of obtaining information about POS solutions and vendors which might meet your business’ bona fide requirements. We do not make any representation or warranty that the POS Information is reliable, accurate or complete or that your access to that POS Information will be uninterrupted, timely or secure. We do not endorse or make any representation or warranty of any kind in respect of any Vendor, or the goods or services provided by any Vendor. You should make your own enquiries and seek independent advice from Vendors, or from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to the POSFinder Services. You agree that all information provided to us by you is true, accurate, lawful and up-to-date. You also agree to use the POS Information and POSFinder Services for lawful purposes only. Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from your use of the POSFinder Services (including any communications between you and any Vendor, or goods or services procured by you as a result of your use of the POSFinder Services), this web site or any linked web site or your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to a total of $100. IndemnityYou indemnify us and our related bodies corporate and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions. Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site. Whilst we have no reason to believe that any POS Information or any other information of any nature contained on this web site (together referred to as "Information") is inaccurate, we do not warrant the accuracy, adequacy or completeness of such Information or its fitness for any purpose, nor do we undertake to keep this web site (including the Information made available on it) updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of Information contained on this web site. You acknowledge that we are a distributor, not a publisher, of POS Information on this web site. Our editorial control is limited to the appointment of POS vendors as Vendors who make their POS Information available via the POSFinder Services. Any information, opinions or advice by Vendors or other third parties remain the responsibility of those Vendors or other third parties and we do not guarantee the accuracy, completeness or usefulness of that information or its fitness for any particular purposes. Where the Information made available on this web site contains opinions or judgements of Vendors or other third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any Information obtained through the POSFinder Services or otherwise appearing on this web site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such Information. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement. Confidentiality
You hereby consent to disclosure of Your Information by us to third parties in accordance with these terms and conditions. All other information collected by us is treated in accordance with our privacy policy, which can be found here.
Copyright
Copyright in this web site (including text, graphics, databases, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site or from any Information obtained from this web site; or
- commercialise any information, products or services obtained from any part of this web site;
POSFinder is a trading name of Sill Marketing Pty Ltd. You must not use the POSFinder name:
- in or as the whole or part of your trade marks or business name or company name;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this web site).
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any Information contained on this web site for your personal use only, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this web site. Linked Web Sites
This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary. Privacy Policy
We undertake to comply with the terms of our privacy policy which can be found at http:www.posfinder.com.au/privacy.html. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Termination of Access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination. Governing Law
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
