HirePOS was established in 2005 to provide a complete hire software, point of sale and back office solution to assist all types of hire rental businesses. Since then we have been providing service and support to users throughout Australia, New Zealand and beyond. HirePOS - Terms of use

Terms of use

Innercircle Technology Pty Ltd

HirePOS® Hire and Rental Software
Last Updated: November 2020

1. Overview / About This Document

We are very happy that you are interested in using the HirePOS® software, and just need to cover some terms of use to ensure you are clear on your obligations, entitlements, and limitations when using HirePOS. This document, when accepted by you, will define your legal right and obligations around the use of our software.

Acceptance of this document in its entirety is a requirement of use. If you are unable to accept all points in the following terms and conditions, we will be unable to provide you with use of the HirePOS® Software.

a. Definitions

Throughout this document, there are certain words that have a particular meaning or definition. These words are listed here along with their corresponding definitions as they apply to this agreement.

Bank Feeds is a feature in HirePOS®, and other applications, that allows the user the ability to easily, electronically receive updates of transactions from your selected bank account(s) into your accounting or bookkeeping suite for the purposes of performing bank reconciliations.

Credit Card means a credit card, debit card, or similar, issued by a bank for processing transactions through a payment network like Mastercard, Visa, or similar.

Eftpos Integration is a feature offered within HirePOS that allows you to initiate the process of charging a card on your supported EFTPOS device, and subsequently updates HirePOS with receipt details of the completed transaction.

HirePOS means the software as a service (SaaS) product HirePOS®, that these terms are applicable to and which is provided to you by Innercircle Technology Pty Ltd on a subscription basis.

IncludingIncludes are not terms of limitation. For the purposes of these terms and conditions, it is to be understood as, “including, but not limited to”. 

Innercircle Technologyouruswe means the entity Innercircle Technology Pty Ltd, with whom you are entering into this agreement with, and pay subscription fees in order to use HirePOS®.

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

Payment Gateway means an online service that allows you to charge a credit card by entering the card numbers on screen. The funds are then transferred into the charging party’s bank account.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable (Australian Privacy Act 1988)

Pricing Plan means the base price, and extra fees that you agree to pay each subscription period based on your inclusions, features and level of usage in order to use HirePOS.

Privacy Act means the Privacy Act 1988, if you accept these Terms in Australia; or the Privacy Act 1993 if you accept these Terms in New Zealand; each as updated, amended or replaced.

Subscriber means the person or entity initially signing up for a trial or subscription, and accepting the terms at the same time. The subscriber is solely responsible for paying for the subscription.

Third-party app or service means an application or service offered by a third party to integrate and be used in conjunction with HirePOS.

User or Invited User means any person authorized to use HirePOS, including a subscriber, and any users they wish to grant access rights to, who is responsible for a username and password combination connected to the subscribers account and database.

You or Your means both you as a person, and also any business, company, or entity that you are an authorised representative of.

2. General Terms

Following are general terms that additionally help provide context to the rest of the provisions in these terms.

a. Supply and right to use

We agree to supply, and you agree to use, the HirePOS software on the terms and conditions set out in these terms of use.

If you are a subscriber or an invited user of the subscriber, we grant you the right to use our services, to the extent permitted by your pricing plan and chosen features, for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or until your user account is made inactive. 

b. Minimum Term

The minimum term of your subscription is equal to one subscription period as described in section 3b. The minimum cost of using the HirePOS software, excluding any ‘free trial’ periods is equal to one instance of the pricing plan you select when commencing your subscription. Your pricing plan is defined by a combination of the provisions in section 3b, together with the specific terms of your pricing plan, which form part of these terms of use.

c. Responsible Party

You agree that you are wholly responsible and liable for the acts and omissions of any invited users in connection with the HirePOS software, as if they were your acts and omissions. You accept all liability for any unauthorized use of any access provided to invited users, and any resulting loss or claim (excluding any unauthorized use directly attributable to a fault on our part)

d. User Roles

HirePOS is a multi-user system, which allows for several different access levels which users can be set at. The first account created with a new subscription will be a full ‘administrator’ account, with the highest level of permissions on the system. Any subsequent invited users will start with a limited access level, and will need to be adjusted to suit the level of access you wish to give them. It is important that you, your other elected administrators, and you users understand the importance of correctly assigning access to the system.

3. Subscription and Pricing

Excluding any free trial period, you are required to pay for a subscription in order to access HirePOS, and your pricing plan will be based on the features and functionality you select, as laid out on our pricing page. Your chosen pricing plan, and any terms within form part of these terms.

a. Trial Period

New potential subscribers are offered the opportunity to try HirePOS obligation free for a specified amount of time. At any time during the trial, you are able to commence a subscription, with the option to continue on with your trial data, or start fresh with an empty database. If your trial period expires before you commence a subscription, you will no longer be able to access the software until a subscription is started, and the first subscription period is paid for in full.

b. Subscription period

We offer subscriptions to the HirePOS software on a pay in advance, calendar-month basis.
This means, for example, if you were to commence a subscription on the 22nd of June, you would be required to immediately pay the price dictated by your pricing plan to allow usage until the 22nd of July, at which point, you would pay for the calendar month ending 22nd august to maintain your access.

At the conclusion of each subscription period, these terms will automatically continue to cover the following subscription period, unless the subscription has been terminated by you or us, as per section 9 of these terms.

At our sole discretion, we may elect to offer longer subscription periods to existing customers, at no measurable discount. In this instance, the remainder of these terms are still operational and enforceable.

We may, at any point, decide to change the way that subscriptions periods work, including the terms related to them. These changes will not apply retrospectively, however, we will attempt to notify you of any such changes as they may directly affect the way you subscribe moving forward.

c. Pricing Plans

HirePOS offers multiple base pricing tiers, with a range of optional add-ons and modules. The combination of your base pricing tier, your optional add-ons or modules, your user charges and any other inclusions result in your overall pricing plan.

  • User Charges

Part of your pricing plan includes a flexible component that is based on the number of unique user logins per day, averaged over the subscription period. This component will increase as you have more unique users using the software, and can decrease should you have extended periods of lower usage.

  • Regional Taxes

Depending on your region, your subscription fees or pricing plan may be expressed as inclusive or exclusive of applicable taxes. Be sure that you have noted how your price has been expressed, and are aware of any additional fees or taxes you are likely to see on your bill.

d. Unpaid Subscriptions

  • Overdue Balance; Termination

We understand business, especially small business, and we understand that sometimes things can fall a little behind. As such, we may, at our discretion, allow continued access for a period of time into an unpaid subscription period to allow you to keep running your business. However, should we allow this, this is not ‘free’ access. Any active subscription period for which we have not yet been paid is still payable, and you will be defined as having an overdue balance. Should the subscription remain unpaid for a period of time we decide is unreasonable, your access to the application will be revoked, and your subscription subsequently terminated as per section 9b

  • Hardship

If you are experiencing hardship, have fallen victim to disaster or are undergoing other financial difficulties, we encourage you to contact us as you are able to discuss the situation, and work with us to devise a mutually agreeable solution. At our sole discretion, and without obligation, we may decide to grant an extension, waiver, or similar.
Should any temporary waivers to these terms arise from such a discussion, they are one-off in nature only and do not imply future wavers of the same or any other kind and any un-waived terms will remain entirely operational and enforceable.

e. Changes to our Pricing

In the same way we will attempt to notify you of any changes to these terms (section 14), we will endeavour to notify you of any changes to our pricing ahead of time. These changes will not apply retrospectively, and you will not be required to back pay for any historical subscription periods, however, the new pricing will take effect at the commencement of your next subscription period. 

f. Private Pricing Agreements

At our sole discretion, we may elect to offer a private pricing agreement in cases where there are reasonable and agreeable benefits for both parties. In this case, this specific pricing agreement will replace the pricing plan described in section 3c, and take its place as a part of these terms. All other provisions and points in these terms remain operational and enforceable.

4. Privacy; Licence to Data

a. How we collect your data

As a normal part of using our services, you will enter, upload, or import data into our systems. We do not assume ownership of that data. However, 

  • by agreeing to these terms, you grant us a non-exclusive, sub-licensable, irrevocable and royalty free licence to any data you store or create on our systems, to use in accordance with these terms, and our privacy statement.

We also collect and log data about your usage of our services, your location and IP address, and other observable data points while you are using our software (usage data) as described in our privacy statement.

  • You acknowledge that any usage data collected by us as a result of you using our services is owned by us.

b. How we use your data

In granting us a licence to your data and using our services, you are permitting us to, without limitation: 

  • copy; transmit; analyse; store; or back up your data in order to:
  1. provide you use of the HirePOS software;
  2. develop and improve new and existing services;
  3. and communicate with you and the entity you represent. 

Our privacy statement outlines in more detail how we handle your data.

c. Disclosure of data

In order to provide some of the features in HirePOS, and to offer you effective support, your data may be made accessible to our related companies, our service providers, our support providers, and professional advisors.

d. Necessary rights to provide licence

By accepting these terms, you warrant that you have all necessary rights to grant us the licence defined in section 4a, and that you are wholly liable for any loss or claim arising otherwise.

e. Third-Party Access to your Data

  • Microsoft Azure

HirePOS v5 and its data are hosted on Microsoft Azure services. As such, Microsoft may also use your data, including personal information. This may be in order to, but is not limited to: diagnose or identify issues relating to the HirePOS software; design or develop security enhancements and improvements; or to generate statistical data to guide Microsoft’s product development and services. For more info on how Microsoft may use your information, please see their privacy statement at https://privacy.microsoft.com/en-ca/privacystatement.

  • SendGrid

As a part of its core service, HirePOS extends to you the use of an email sending facility via Twilio SendGrid.

SendGrid, in accordance with their respective terms of service and privacy policy, may use any data you elect to transmit via them, either through the SendGrid account that is made available to you by default with your HirePOS subscription, or one that you elect to create directly with them. Twilios privacy policy (at the time of writing) can be found here: https://www.twilio.com/legal/privacy

  • Other Third-Party Applications

Section 7 of these terms describe a range of third-party apps and products that you may opt to use or integrate your HirePOS subscription with. Make sure you have read and understood any terms and privacy documentation provided by these, or any other third parties before use. Innercircle Technology accepts no liability for any privacy breaches or misuse of data arising from the connection of third-party apps or services. 

f. In the Unlikely Case of a Data Breach

Where we have reason to believe, however unlikely, there has been a data breach or other disaster that may have exposed your data, we will contact you to inform you of the situation. We will be forthcoming with any known information on the nature, scale, and impact of the breach. Further disclosing information of the breach to the relevant authorities and any affected contacts will be your responsibility, wherever you deem it necessary based on the data you have entered.

5. Security

a. Security in HirePOS

We have implemented, and continue to improve upon a range of safeguards and security devices to best ensure the security of both your, and our, data. We are guided by best-practice, host our services on industry-leading infrastructure, and take security seriously at every step. However, despite our best efforts, it is impossible to provide absolute security, as no known electronic storage method is perfectly secure.
We will communicate suspected security violations to you where they relate to your account.

  • In accepting these terms, you accept that no guarantees can be offered on security or privacy, despite our best efforts to maximise the security of the HirePOS application and its related services.
  • You agree that we are not liable for any loss or claim arising from a data breach, unauthorized access, or a security failure, except where directly stated otherwise in these terms.

b. Multifactor Authentication and Opt-In Security Features

HirePOS supports and encourages the use of Google 2 factor authentication, which is an implementation of a Multi-Factor Authentication, a significant improvement in security over the traditional username and password. This, along with any other optional security features we provide, are your responsibility to implement and use.

  • We are not liable for any consequences of you electing not to use all available security features.

c. Your Role in Security.

  • Whilst we will notify you of any suspected, unauthorized access to your account that we become aware of, the security of your account username, password, and other credentials are entirely your responsibility, are outside of our control, and we accept no liability for losses arising from unauthorised access to your user account(s) or HirePOS database.
    Sharing your login details with others; allowing others to use them; using weak passwords; using the same passwords across multiple services; and not maintaining strong security on your own systems or devices are some examples of poor security practices that you should avoid to maximise the security of your data and HirePOS subscription.
  • If you suspect that anyone else might know your password, or those of your invited users, it is your responsibility to change your password from within the HirePOS application as soon as possible. If you are unable to do this for whatever reason, contact us urgently so we can temporarily disable your account to protect your data, until such time as you are able to rectify the issue. 
  • HirePOS treats certain data in certain ways to optimise security. You agree as a part of these terms to only record sensitive or critical information in the dedicated, named fields designed to store them within HirePOS. This includes, but is not limited to: names and contact information of your customers, suppliers, and staff; credit card numbers; and drivers licence information. Information stored in the incorrect place could be inadvertently accessed or disclosed. We accept no liability for any losses incurred as a result of incorrect data storage.

6. Our Intellectual Property; What we own

We own all parts, features, source code, concepts and design elements of HirePOS®, excluding content and elements owned by and licenced from others. We own HirePOS®. We have the rights in its design, development, user interface, experience, and exclusive control of its future development. We have rights in and control of all related copyrighted works, trademarks, works in progress, and other intellectual property in connection with HirePOS, including our documentation, and support material. 

  1. Except as expressly permitted by these terms, these terms do not give you any intellectual property rights, or other rights in:
  • HirePOS or any of its related software, services or entities
  • usage data
  • our documents, templates or support material
  • our trademarks, business names, logos, marketing or promotional material
  • our processes or methodologies
  • any of our other intellectual property rights other than as expressly permitted by these terms.
  1. You agree: 
  • Not to copy, distribute, modify or make derivative works of any of our content or intellectual property
  • Not to reverse-engineer, reverse-assemble, decompile or otherwise attempt to discover the course code, formulae, or processes of HirePOS
  • Not to sell, translate, network, publish, commercialise, rent, lease, assign, transfer, loan, or otherwise distribute all of part of the HirePOS software or its related services, or any modification, derivative, or adaption of HirePOS.
  • Not to use any of our intellectual property rights in any way not expressly permitted by us.

7. Third-Party Apps and Products

HirePOS allows you to connect your subscription with many external services and products to offer enhanced features and efficiencies. All of the services or potential integrations listed below are either opt-in, or, require you to subscribe directly to the third-party, pay fees directly to the third-party provider, and directly accept their terms (where applicable). Make sure you are aware of your obligations to both the third-party provider and HirePOS before connecting any third-party services to HirePOS.

You agree that: 

  • We are not liable for any loss or claim resulting from any breach of the terms you have agreed to with any third parties and that you are solely responsible for any fees or charges relating to any third party subscriptions, even where they are affected by you opting to integrate them with HirePOS.
  • Should you elect to integrate a third-party app or service with HirePOS, you consent to us allowing the third-party to access your data as required to enable HirePOS and the third-party app to operate together. 
  • Whilst we make all reasonable efforts to provide a reliable and seamless experience in all areas, we are not liable or responsible for the security, integrity, or accuracy of any data once it has been transmitted outside of the HirePOS software.

Following is a list of some key integrations that can be enabled, or are available for use in the HirePOS software at the time of writing. This list is not exhaustive, and we reserve the right to add or remove third-party access options at any time. We are not liable for any loss or claim arising from our decision to remove an integration option at any time in the future. 

a. SendGrid

As a part of its core service, HirePOS extends to you, use of an email sending facility via Twilio SendGrid.

You agree not to use this tool for any malicious, unlawful or criminal purpose.

All email related tools within the HirePOS software require user input to use (including the set-up of any automated email tools), and as such we accept no liability or responsibility for any communications sent via your user account or HirePOS instance.

Use of the included email facility within HirePOS exposes your email communications to the SendGrid service, and by accepting these terms, you also accept the current terms and privacy policy of Twilio SendGrid as it applies to your data and communications. Twilio’s documentation relating to terms and privacy can be found here. https://www.twilio.com/legal/tos

b. Payment Gateways and Eftpos Integrations

HirePOS provides a means for you to connect to third-party services that allow you to charge customers cards, such as Pin Payments, Square, Tyro, and others.
You agree that you are entirely responsible for the use of these facilities, including any malicious, fraudulent, or otherwise illegitimate use, even as a result of unauthorised access to your user account or otherwise. HirePOS is not liable for any loss or claim arising from improper/unauthorized use of these features.

c. Bank Feeds

HirePOS has the ability to import transaction records from your bank via our bank feeds supplier illion Australia Pty Ltd (illion) www.bankfeeds.com.au. A significant amount of your personal information and banking data is captured by illion in accordance with their privacy policy (https://www.illion.com.au/privacy-policy-software-solutions/) and their general terms and conditions (https://www.illion.com.au/illions-terms-conditions/general-terms-conditions/)

The use of the bank feeds feature in HirePOS is entirely opt-in and is not automatically established without a series of direct actions from the user, including entering their banking username and password. By utilizing the bank feeds feature in HirePOS, you are agreeing to any applicable terms and conditions published by illion at the time of use.

d. Google

Google Maps API is an opt-in feature that allows intelligent search, lookup, and autocomplete functionality right inside HirePOS. It is your responsibility to uphold your agreement with Google when integrating with HirePOS. Google may collect a significant amount of information when you use their services, in accordance with their privacy policy.

e. Zapier

HirePOS allows you to integrate your Zapier account in order to automate a large range of tasks. Should you elect to integrate HirePOS and Zapier, you agree that any data transmitted is your responsibility, and HirePOS accepts no responsibility for any data once it has been sent outside our software. 

f. SMTP Mail Servers

HirePOS allows the user to elect to send outbound mail from HirePOS via an SMTP connection to a mail server they control. By accepting these terms, you agree that you are responsible for ensuring that you are not in breach of any terms or other agreement should you elect to send mail from HirePOS via a mail server you control. We accept no liability for any loss or claim relating to the integration with or use of email services we do not directly control.

g. SMS Express

HirePOS allows you to connect your SMS express account to HirePOS in order to be able to send SMS messages directly from the app. You agree that you are solely responsible for any fees, charges, losses, or claims that arise from your use of this feature, and that HirePOS will not be liable for the content sent via, or any consequences arising from your use of, this feature. 

h. Accounting Suites

HirePOS has the ability to import/export directly with several accounting software packages, such as Xero, MYOB, and Quickbooks. These services are subject to their own terms and conditions, fees and charges, and are provided to you independently of HirePOS.

8. Availability and Data Loss

We work to ensure the best possible availability of HirePOS and its associated services. However, occasionally events out of our control can limit the availability of, or your access to, our services. Where possible, we will always forewarn our users of expected downtime.

a. Disruption and Access Issues

HirePOS is a service provided over the internet. Access issues can occur at any time, for any reason, and are often not within our control. Whenever we become aware of an access issue, we will assess the nature of the interruption, however, no guarantees can be provided on your ability to access our services and the data within at any particular time.

b. System Maintenance

We use a system that affords us the ability to develop updates and perform most maintenance tasks without appreciably affecting the end user's access to, or experience with the HirePOS software. However, occasionally small interruptions to some services or features can occur as a part of a maintenance task or update. We will try to warn our users wherever an interruption is expected, however, this is not always possible. 

c. Data Loss

It is impossible to provide a guarantee against data loss when using any electronic storage system. As a part of these terms, you agree that you are responsible for maintaining copies of all data you import, enter, or otherwise input into HirePOS. To assist you in this, HirePOS provides facilities for you to easily download copies of your items, customers, and suppliers at any time, along with a large range of reports that can be exported in CSV format.

d. Record Retention and Tax Law

  • It is your responsibility to retain and protect copies of all your data and business records. You acknowledge that HirePOS is not designed as, nor should it be used as, a data backup or storage service. 
  • We may, at any time, elect to archive or otherwise remove old data where we believe it is materially affecting the performance or reliability of HirePOS, your subscription, or our business. We will make every effort to notify you should this be planned to occur.  We are not liable for any loss or claim arising from data loss as covered in section 8c. This includes any instance where any data ceases to be available to you via HirePOS, for whatever reason, where you have failed to maintain copies of that data. 
  • It is wholly your responsibility to maintain a copy of records for tax law and compliance purposes. We are not in any way liable for any failure on your part to meet regulations regarding record retention. 

e. Liability

Innercircle Technology is not responsible or liable to you or the entity you represent for any loss or claim resulting from HirePOS being delayed, disrupted or otherwise unavailable, or for any data loss, regardless of the cause. No compensation will be offered for any instance of access issues or data loss, regardless of the cause.

9. Termination

a. How you can end your subscription

Should you wish to terminate your subscription, you can easily do so with one month’s written notice, addressed to admin@innercircletechnology.com.au (as per section 15 of these terms).

You will pay all subscription fees and related charges up to and including the last day of your final subscription period.

Your final subscription period will be the period ending on or immediately after your requested termination date. 

No refund of monies paid to us will be owed to you, regardless of the reason for termination. Additionally, no waivers will be offered for the payment for your final subscription period.

b. When we can suspend or terminate your subscription

We may choose to terminate your subscription at any time by providing you with one month’s written notice in advance.
Additionally, we may suspend or terminate your subscription immediately, including access to any data within for the following reasons:

  • You breach any of these terms, and you fail to remedy the breach within 7 days from being notified of the breach.
  • You breach these terms irreparably, or refuse to remedy your breach.
  • You fail to pay subscription fees or have an overdue amount owing.
  • We have material concerns about you or your business including, but not limited to:
  • You or your business go into liquidation, administration, insolvency, bankruptcy, or a similar arrangement, or we believe it is reasonably likely you will do so;
  • There is a change in who owns or controls the business or entity.
  • Something outside your and our control threatens HirePOS, including
  • A change to any third party arrangement that is necessary for HirePOS to function significantly threatens the functionality or viability of HirePOS.
  • A change in law, regulation, or similar render HirePOS materially unviable, non-functional, or un-workable.
  • Any other external action that materially threatens the security, integrity or reputation of the HirePOS, especially, but not exclusively, where we believe the termination of your subscription can protect HirePOS and/or its related entities.
  • We have reason refuse to process your payment, including where
  • You are attempting to make a payment from a country that we are not legally able to receive payment from;
  • We have reasonable suspicions that the payment method you have provided is fraudulent or otherwise of unlawful origin;
  • We have reason to believe that processing your payment could in any way threaten us, our services, or related entities.

Where an immediate termination or suspension has taken place, we will notify you as soon as possible.

No refund of monies paid to us will be owed to you, regardless of the reason or nature of the termination. 

c. Data Retention Period

We, as a matter of routine, not by rule or obligation, retain data for terminated subscriptions for at least 12 months, unless you request, in writing, to have it removed earlier. 

We may remove your data earlier if we can reasonably conclude that you have obtained a copy of all the data stored on our services. For example, if we have assisted you in retrieving your data, or if we have received written correspondence from you informing us that you are in possession of a copy of your data.

We will keep a copy of your personal data, statistical data, and other data for as long as we have ongoing business needs with it. As soon as we no longer require any identifying or personal data, it will be removed. You may, in writing, request that we anonymize any such data relating to you

d. Data Retrieval

  • In the case where you have terminated your subscription, or we have terminated your subscription as a result of an overdue or unpaid subscription, you will need to pay any outstanding amounts, along with the value of a one-month subscription of your most recent pricing plan in order to be able to access HirePOS, and retrieve any necessary data. 
  • In the case where we have terminated your subscription for reasons other than unpaid subscription, we, at our sole discretion, without obligation or guarantee, may offer you alternative means of accessing your data, unless; 
  • we have terminated your account due to misconduct or a breach of terms which we believe poses a threat to us, HirePOS, or its related services, providers, or entities. In this instance, we are under no obligation to provide you access to the data, and will not be liable for any loss or claim resulting. 

10. Confidentiality

Whilst using the HirePOS software and its broader services (including support and sales communications) you may become aware of confidential information about Innercircle Technology, HirePOS, our employees or contacts. By accepting these terms you agree to take all reasonable steps to maintain the confidentiality of such information.
This confidentiality does not apply if you are required to disclose such information to regulatory or legal authorities.

11. Liability and Indemnity

a. Indemnity of HirePOS, Innercircle Technology, our Providers and Third-Party Suppliers

In agreeing to these terms:

  • You indemnify us, our staff, providers and third-party suppliers against any losses, costs (including legal costs), expenses, demands or liability that we incur in connection with, or arising out of a third-party claim against us relating to your (and you users) use of our services or any third-party product (except where we are at fault). This includes, but is not limited to instances where the claim arises from you or your user’s negligence, fraud, misrepresentation, unlawful conduct, or breach of these terms. This also includes indemnification against any loss or claim arising from the unauthorized use of your username(s) or password(s).
  • If we caused or contributed to a loss or claim, your liability will be limited to the total liability, less the amount of the loss or claim which is directly attributable to our fault, error, or conduct.

b. Limitation of Liability

Other than liability that by law cannot be excluded or limited, our liability to you for any non-compliance with a statutory guarantee, loss or claim arising out of or in connection with the supply of services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  • We are not liable in any way for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated value or funds, tax, accounting or legal issues, loss or damage to reputation, loss related to any other contract or agreement, indirect, incidental, punitive, consequential, exemplary loss, damage or expense, arising from or in relation to your use of our services.
  • In relation to data loss or corruption, our liability is limited to taking reasonable steps to attempts to recover your data from our available backups.
  • Under any circumstance, our total and maximum liability to you is limited to the total amount paid to us by you for the single most recent invoice/subscription period immediately preceding the date which the claim relating to the liability arose.

c. Warranty Disclaimer

Subject to section 16b, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. Our services, software, and the features and functions within are provided to you on an “as is” basis.

12. Disclaimers and Other Terms

a. General  

  • We are not a professional services firm.
    We are a software company. Over our time providing software to a range of hire, rental, and sales businesses, we have gathered a lot of insight into some of the things that make a good hire business run well. We have also picked up a few tips and tricks along the way, and are more than happy to relay our experiences to you where we think they might help you.
    We have also worked alongside accountants, legal professionals, and other professional services practitioners in order to develop HirePOS. 


  • under no circumstances is any communication from, or conversation with our employees to be considered ‘professional advice’. 
  • As a part of our support, we may provide you with information, suggestions, or general examples of practices we think you might find useful, but this is to be taken as subjective and is in no way a substitute for professional advice. 
  • In agreeing to these terms, you agree that we aren't liable for any decisions made or actions taken by you, based on any communications or conversations with us or our employees.
  • You agree that we may use any feedback you give us relating to our services, products, or support in any way. This includes, but is not limited to: publishing it for our own marketing and promotional needs and using it for product development and improvement.

  • Should you make use of any forums, message boards, or discussion groups hosted by us, or relating to HirePOS, you agree that any information you share (including personal or identifying information) you do at your own will. Be sure you are only publishing information you have the right to publish, and that you are not at any time breaching any part of these terms.

  • Despite our best efforts, it is not always possible to be sure all of our support and training material is up to date at all times. As a result, help articles and support staff may occasionally provide out of date or unintentionally misleading information. We accept no financial liability, however, will assist in rectifying any technical issues within the HirePOS environment that may result. Users are responsible for ensuring they are confident of what they are doing based on all available information.

  • We often offer free access to features that are in development by making them available as a part of a normal subscription; offering a free opt-in; or making them available on our ‘beta’ app. We reserve the right to convert these into billable options at any time, and give you the option to pay to continue using them. When these features are being offered for free, or in ‘beta’, they are not necessarily complete, and should you choose to use them, you do so at your own risk.

  • We are not liable to you for any failure by us to perform any of our obligations under these terms arising from any event or circumstance outside of our reasonable or immediate control.

b. Prohibitions

Although not exhaustive, following is a list of some things that you must never do. This list is designed to guide you in establishing a general idea of what is never allowed. If you are not sure if a particular action is permitted, you are encouraged to ask. 

You must never:

  • Commit any act of fraud or other unlawful activity via our services.
  • Lease, resell, or otherwise provide access to our services, data, or intellectual property to other parties other than in a manner permitted by our terms.
  • Reverse engineer, disassemble, reproduce, copy or modify the source code of any part of HirePOS, or its related products or services.
  • Circumvent, bypass, or undermine the security or integrity of our systems, software, or networks.
  • Upload, inject, or otherwise introduce any viruses, or malicious code into our services.
  • Access our services, systems, or data without permission.
  • Take any action that could directly or indirectly affect other peoples experience with, or access to, our services.
  • Act in an abusive or disrespectful manner to our support team and employees.
  • Use HirePOS in a way that violates a third party's legal rights.

c. Export Limitations

You must not use our services in violation of any laws that apply to you, including any export or trade embargos.

13. Disputes

If you have any concerns, the most effective course of action is to raise them with our support team via hirepos@hirepos.com.au. We are real people, and our top priority is to help, assist, and provide customer satisfaction on every front.

If we’re unable to resolve a complaint to your satisfaction, or you and we together are unable to informally resolve a dispute, you and we agree to resolve said disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14. Changes to these terms

From time to time it may be necessary for us to update, alter, re-word or otherwise change these terms. These changes will not apply retrospectively but will become effective from the time that they are published. In the case of significant, planned changes, we will endeavour to let you know at least 10 days in advance, either via email or an alert within the HirePOS software. Sometimes, for reasons out of our control, we may need to make immediate changes without warning. We will still attempt to notify you, however, we may not be able to provide any forewarning. We may not notify you of insignificant or immaterial alterations.

Should you find an alteration to the terms to be unacceptable, you may terminate your subscription in accordance with section 9a above.

15. Notices

You agree that all communications between you and us in relation to HirePOS will be by email to hirepos@hirepos.com.au (for software, support, and general use),  admin@innercircletechnology.com.au (for administration, accounting, legal, or official proposes), or alternatively through our in-app communication channels which are accessible within the HirePOS software. Any other communication methods must first be approved by the addressee.

16. Legal

a. Enforcement and Operation of these Terms

Should any section, point, part, or provision of these terms be unenforceable by either party, due to jurisdiction, region, or otherwise, that particular provision will be considered non-applicable within the terms. However, the remainder of the terms will continue to operate unaffected and will remain enforceable. Should the number of provisions that are inoperable or unenforceable alter the basic agreement between you and us, we reserve the right to terminate your subscription and any related contract as per section 9b.

b. Exclusions

In some regions, states, or countries, there may be non-excludable warranties, guarantees, or other rights upheld by law. These terms do not exclude, modify, or attempt to otherwise affect these, and should not be taken as such. Any non-excludable guarantee or warranty provided by law apply in these terms. 

Outside of any non-excludable warranties or guarantees, we are bound only by the direct provisions stated in these terms. 

Our liability for any breach of a non-excludable guarantee or warranty is limited to either replacing or paying the cost of replacing the relevant service, unless directed otherwise by the non-excludable warranty or guarantee.

c. Waiver

Any representations or warranties made by our staff before you subscribe to HirePOS do not form part of these Terms and are not effective unless expressly set out in these Terms. Any waiver of our rights or powers under these Terms may only be given in writing signed by our authorised officer.

d. Subsequent Breach after Waiver

Should we elect not to act, enforce, or pursue any part or provision of these terms at any point, that waiver, whether implied or official, will not be deemed to be a waiver of a subsequent breach of the same or other provision of the terms. 

e. No Relationship

No part of these terms if to be construed as implying or constituting a partnership, joint venture, employment or similar relationship between you and us, you and our providers or suppliers, or you and any other subscriber or user.

f. Law and Venue

  • Australia

These terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to these terms.

  • New Zealand

These terms are governed by the laws of New Zealand and the courts of New Zealand have jurisdiction over the parties to these Terms (being you and us).

17. Contact

If you would like to contact us, please do so via any of the following methods:

Email (Preferred):

+61 07 4015 3206 (Head Office - Cairns, Queensland)
+61 03 9020 1336 (Victoria)
+61 02 8006 5578 (New South Wales)

Innercircle Technology Pty Ltd
Boland’s Centre
PO Box 5419
Cairns QLD 4870