HirePOS® Hire and Rental Software
Last Updated: November 2020
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.
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.
Including, Includes 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 Technology, our, us, we 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.
Following are general terms that additionally help provide context to the rest of the provisions in these terms.
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.
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)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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,
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.
In granting us a licence to your data and using our services, you are permitting us to, without limitation:
Our privacy statement outlines in more detail how we handle your 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.
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.
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.
As a part of its core service, HirePOS extends to you the use of an email sending facility via Twilio SendGrid.
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.
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.
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.
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 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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Should you wish to terminate your subscription, you can easily do so with one month’s written notice, addressed to email@example.com (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.
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:
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.
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
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.
In agreeing to these terms:
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:
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.
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:
You must not use our services in violation of any laws that apply to you, including any export or trade embargos.
If you have any concerns, the most effective course of action is to raise them with our support team via firstname.lastname@example.org. 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.
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.
You agree that all communications between you and us in relation to HirePOS will be by email to email@example.com (for software, support, and general use), firstname.lastname@example.org (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.
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.
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.
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.
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.
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.
These terms are governed by the laws of Victoria and the courts of Victoria have jurisdiction over the parties to these terms.
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).
If you would like to contact us, please do so via any of the following methods:
+61 07 4015 3206 (Head Office - Cairns, Queensland)
+61 03 9020 1336 (Victoria)
+61 02 8006 5578 (New South Wales)
Innercircle Technology Pty Ltd
PO Box 5419
Cairns QLD 4870