Before you publish this page
This is a working draft prepared to match how Aux Aussie actually operates. It is not legal advice, and it must be reviewed by an Australian commercial lawyer before you rely on it. Two areas in particular need professional attention:
Unfair contract terms. Since 9 November 2023, the unfair contract terms regime in the Australian Consumer Law applies to standard-form contracts with small businesses and now carries civil penalties. Because most of your merchants are small businesses and these terms are standard-form, clauses covering liability limits, unilateral variation, automatic renewal and early termination are directly exposed and should be assessed by a lawyer.
Credit and leasing law. Equipment leases to businesses for business purposes are generally outside the National Credit Code, but this depends on facts specific to your customers and how the leases are structured. Confirm this before offering lease plans at scale.
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Contents
- About these terms
- Definitions
- Accounts and eligibility
- Orders and acceptance
- Pricing, GST and currency
- Payment plans
- Payments, cards and failed payments
- Delivery, title and risk
- Software subscriptions
- Your rights under Australian Consumer Law
- Warranty
- Acceptable use
- Intellectual property
- Liability
- Suspension and termination
- Privacy
- Changes to these terms
- Disputes and governing law
- Contact us
1. About these terms
These terms and conditions govern your purchase, lease and use of hardware, software and related services supplied by Aux Aussie Pty Ltd (ABN ABN TO BE INSERTED) of REGISTERED ADDRESS TO BE INSERTED ("Aux Aussie", "we", "us", "our").
By placing an order, creating an account, or using our devices or software, you agree to these terms. If you are entering into these terms on behalf of a business, you confirm you are authorised to bind that business.
These terms apply alongside our Privacy Policy and Refunds Policy, which form part of your agreement with us.
2. Definitions
- Devices — the hardware we supply, including self-service kiosks, POS terminals, kitchen display screens, printers and scanners.
- Software — the Aux Aussie POS, mobile apps and kiosk software modules, including any updates.
- Order confirmation payment (also called the advance) — the upfront amount payable to confirm an order, described in clause 6.
- Payment schedule — the instalment plan applying to your order, shown in your merchant dashboard.
- Merchant dashboard — the online portal where you view orders, payment schedules, invoices and subscriptions.
3. Accounts and eligibility
To order from us you must be a business operating in Australia (or another territory we service), be at least 18 years old, and provide accurate registration details including your trading name, business address and contact details.
You are responsible for keeping your account password secure and for all activity under your account. Tell us promptly at info@auxaussie.com.au if you believe your account has been accessed without your authorisation.
We may decline an application, or suspend an account, where we reasonably believe the information given is inaccurate or the account is being used unlawfully.
4. Orders and acceptance
Submitting an order — whether through our website, our sales team, or a plan we prepare for you — is an offer to purchase or lease on these terms. A contract is formed only when we confirm your order in writing or in your merchant dashboard.
We may decline or cancel an order before dispatch if the goods are unavailable, if pricing was displayed incorrectly, or if we cannot verify your details. If we do, we will refund any amount you have already paid for that order in full.
You may cancel an order through your merchant dashboard at any time before it ships. Once an order has shipped, cancellation becomes a return and is handled under our Refunds Policy.
5. Pricing, GST and currency
Prices are quoted in Australian dollars (AUD) unless your account is set to another currency. Prices INCLUDE / EXCLUDE — CONFIRM GST at 10% where applicable. A tax invoice is issued for each payment.
We may change prices at any time, but a change never affects an order already confirmed or an active payment schedule. Where a price is displayed incorrectly due to an obvious error, we will contact you before proceeding and you may cancel without charge.
6. Payment plans
We offer three ways to acquire devices. Your specific figures, dates and instalment amounts are always those shown in your payment schedule in the merchant dashboard, which prevails over any general description here.
6.1 Full payment
You pay the total price upfront. Title to the devices passes to you on our receipt of payment in full.
6.2 Lease plans (1, 2 and 3 years)
You pay an order confirmation payment upfront, followed by regular instalments across the term. The order confirmation payment is equal to the first eight weeks of instalments; where it is charged, no further instalments fall due until that period has elapsed, and the regular schedule then resumes. We may agree to waive the order confirmation payment, in which case the full amount is spread evenly across the whole term instead.
Title to leased devices remains with Aux Aussie until you have paid all amounts due under the schedule in full. Risk of loss or damage passes to you on delivery. You must not sell, encumber or dispose of leased devices before title passes.
6.3 Five-year contract
Devices are supplied at no hardware cost for a fixed five-year term. You pay a security deposit to confirm the order, a per-order transaction fee, and must meet the minimum daily order volume set out in your plan. Where you do not meet the minimum volume, we may charge the shortfall or review the plan with you.
The security deposit is refundable at the end of the term, less any amounts you owe us and the cost of any loss or damage beyond fair wear and tear.
6.4 Discounts and negotiated plans
We may agree a discount or a customised schedule with you. Any such variation applies only to the order it is applied to and is reflected in your dashboard.
7. Payments, cards and failed payments
Card payments are processed by Stripe Payments Australia Pty Ltd. Aux Aussie never receives or stores your full card number or security code — we retain only the card type, last four digits and expiry date so you can identify the card, together with a secure token held by Stripe. See our Privacy Policy for more detail.
Where you save a card and authorise scheduled payments, you authorise us to charge that card for instalments as they fall due under your payment schedule. You can remove a saved card at any time from your merchant dashboard, but you remain responsible for paying amounts as they fall due by another method.
If a payment fails, we will notify you and may re-attempt it. Where an amount remains unpaid, we may CONFIRM: interest rate and/or late fee, if any, suspend software services under clause 15, or recover the amount and reasonable enforcement costs.
8. Delivery, title and risk
Indicative delivery times are 40 days for full-payment orders and 60 days for lease and contract plans, from order confirmation. These are estimates, not guarantees; we will keep you updated through your dashboard and provide tracking where available.
You must inspect devices on delivery and tell us promptly about damage in transit or missing items. Risk passes to you on delivery. Title passes as set out in clause 6.
9. Software subscriptions
Software modules are licensed, not sold. Subject to your paying subscription fees, we grant you a non-exclusive, non-transferable licence to use the software on your devices for your business during your subscription.
Subscriptions are billed daily, weekly or monthly as selected, from the date your subscription starts. Invoices are raised at the end of each billing period. You may cancel a subscription at any time from your dashboard; cancellation takes effect at the end of the current billing period and does not refund periods already billed unless the Australian Consumer Law requires otherwise.
We may update the software from time to time. We aim to give reasonable notice of any change that materially reduces functionality you rely on.
10. Your rights under Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
Where the Australian Consumer Law applies, our goods and services come with guarantees that cannot be excluded — including that goods are of acceptable quality, match their description, and are fit for purpose, and that services are supplied with due care and skill. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
These guarantees apply in addition to any warranty we give, and apply to goods and services acquired for under $100,000 (and to goods of a kind ordinarily acquired for personal, domestic or household use regardless of price).
11. Warranty
We provide a 12-month warranty on devices from the date of delivery, covering defects in materials and workmanship under normal use. This warranty is in addition to your rights under the Australian Consumer Law.
The warranty does not cover damage from misuse, accident, liquid ingress, unauthorised repair or modification, power surges, or normal wear such as scratches. To make a claim, contact us at info@auxaussie.com.au with your order details and a description of the fault.
12. Acceptable use
You must not use our devices or software to break the law, to process fraudulent transactions, to interfere with our systems or another customer's use of them, or to attempt to access parts of our systems you are not authorised to use. You must not reverse engineer, copy or resell our software.
13. Intellectual property
All intellectual property in our software, branding, documentation and website remains ours or our licensors'. Nothing in these terms transfers ownership to you. You retain ownership of your own business data; you grant us the limited licence needed to host and process it in order to provide the services.
14. Liability
Subject always to clause 10, and to the extent permitted by law:
- our total liability arising out of or in connection with these terms is limited, at our option, to resupplying the goods or services, repairing or replacing them, or paying the cost of doing so;
- we are not liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data, however arising; and
- we are not liable for failures caused by events outside our reasonable control, including outages of third-party payment, telecommunications or hosting providers.
You are responsible for maintaining your own backups of business data you generate.
15. Suspension and termination
We may suspend software services or terminate your agreement if you materially breach these terms — including non-payment — and do not remedy the breach within CONFIRM: notice period, e.g. 14 days of written notice from us.
On termination, amounts already due remain payable. Where devices are leased and title has not passed, we may require their return in reasonable condition, and we will give you a reasonable opportunity to retrieve your business data.
You may terminate a software subscription at any time under clause 9. Terminating a lease or contract plan early is by agreement with us; amounts outstanding under the schedule remain payable unless we agree otherwise in writing.
16. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which explains what we collect, how we use it, and where it is stored — including that some information is stored and processed outside Australia.
17. Changes to these terms
We may update these terms. Where a change is material and affects you, we will give you reasonable advance notice by email or through your dashboard before it takes effect. Changes do not apply retrospectively to orders already confirmed or to the pricing of an active payment schedule.
18. Disputes and governing law
If something goes wrong, contact us first at info@auxaussie.com.au — most issues are resolved quickly and directly. We will acknowledge your complaint and work with you in good faith to resolve it.
These terms are governed by the laws of STATE OR TERRITORY TO BE INSERTED, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place.
19. Contact us
| Entity | Aux Aussie Pty Ltd |
|---|---|
| ABN | ABN TO BE INSERTED |
| Address | REGISTERED ADDRESS TO BE INSERTED |
| info@auxaussie.com.au | |
| +61 493 635 611 | |
| Website | auxaussie.com.au |