Terms of Service – K POS

Effective date: 28 July 2026

Draft for legal review: These Terms have been prepared as a practical website and platform draft based on K POS's publicly described services. They should be reviewed by an Australian lawyer before publication, particularly alongside K POS's merchant agreements, pricing, payment-provider arrangements, hardware warranties, support commitments and privacy policy.

Welcome to K POS. These Terms of Service (Terms) govern access to and use of the K POS website, applications, point-of-sale platform, online and QR ordering tools, kiosks, sales-viewer tools, integrations, related hardware and support services.

These Terms apply both to businesses that acquire or use K POS products and services and to consumers who use K POS-powered services to interact or transact with those businesses. Some provisions apply only to Business Customers or only to End Customers, as stated.

By creating an Account, signing an order form that incorporates these Terms, clicking to accept these Terms, or accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

1. About K POS

  1. K POS, we, us and our mean K POS Pty. Ltd. (ABN 82 606 616 488).
  2. Our contact details are:

2. Definitions

In these Terms:

  1. Account means an account used to access any part of the Services.
  2. App means any mobile, tablet, desktop or web application made available by or on behalf of K POS, including K-Viewer.
  3. Business Customer means a business or other organisation that purchases, subscribes to, receives or uses the Services for business purposes, including a Merchant.
  4. Business Customer Agreement means an order form, proposal, quote, statement of work, service agreement, hardware sale or rental agreement, support agreement, or other written agreement between K POS and a Business Customer.
  5. Consumer Law means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent applicable state or territory legislation.
  6. Customer Data means information, content and data submitted to or processed through the Services by or on behalf of a Business Customer, including product, menu, inventory, employee, customer, transaction and order data.
  7. End Customer means a person who uses the Services to view a Merchant's offerings, place or manage an Order, make a payment, use a gift card or loyalty benefit, or otherwise interact with a Merchant.
  8. Merchant means a Business Customer that offers goods or services to End Customers using the Services.
  9. Order means an order, booking, purchase or other transaction between an End Customer and a Merchant that is submitted or facilitated using the Services.
  10. Services means the Website, Apps, software, point-of-sale services, online ordering, QR ordering, staff ordering, kiosks, sales-viewer tools, payment and third-party integrations, reporting, inventory, customer-profile and gift-card tools, related hardware, installation, maintenance, support, CCTV and network services, and any other product or service K POS makes available from time to time.
  11. User means any person who accesses or uses the Services, including a Business Customer, its authorised personnel, a Merchant and an End Customer.
  12. Website means https://www.kpos.com.au and any other website operated by K POS.

3. Contract structure and priority

  1. These Terms apply except to the extent that K POS and a Business Customer have agreed otherwise in a Business Customer Agreement.
  2. If there is an inconsistency, the following order of priority applies:
    1. the Business Customer Agreement;
    2. any service-specific terms expressly incorporated into that agreement;
    3. these Terms; and
    4. any other policy or document referred to in these Terms.
  3. An Order is a transaction between the End Customer and the relevant Merchant. The Merchant's terms, refund policy and privacy notice may also apply to that Order. If the Merchant's terms conflict with these Terms in relation to the Merchant's goods or services, the Merchant's terms prevail to the extent of the conflict, subject always to applicable law.
  4. These Terms do not replace any rights or remedies that cannot lawfully be excluded or limited.

4. Eligibility and authority

  1. You must be at least 16 years old to create an Account. If you are under 18, you must have permission from a parent or legal guardian to use the Services and enter into transactions.
  2. If you use the Services for a business or other organisation, you represent that you have authority to bind that organisation to these Terms.
  3. A Business Customer must ensure that its personnel and other authorised Users comply with these Terms. The Business Customer is responsible for their use of the Services.
  4. You must not access or use the Services if doing so would breach an applicable law or a binding obligation owed to another person.

5. The Services

  1. K POS provides technology and related services that may enable Business Customers to manage sales, inventory, orders, payments, reporting and other business functions, and may enable End Customers to interact and transact with Merchants.
  2. The exact Services supplied to a Business Customer, including any implementation, hardware, support, service levels and fees, are set out in the applicable Business Customer Agreement.
  3. Subject to these Terms and any applicable Business Customer Agreement, K POS grants each authorised User a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services for their intended purpose.
  4. K POS may improve, update or modify the Services. We will give Business Customers reasonable advance notice of a material change that substantially reduces core paid functionality, unless the change is required urgently for security, legal or technical reasons.
  5. Some Services may operate offline for limited periods. Features requiring internet access, cloud synchronisation, remote access, third-party integrations or online payments will not be available without a working connection.
  6. You are responsible for obtaining compatible devices, software, telecommunications services and internet access unless a Business Customer Agreement states otherwise.

6. Accounts and security

  1. You must provide accurate, complete and current registration and Account information.
  2. You must keep Account credentials confidential, use reasonable security measures and promptly remove access for personnel who are no longer authorised.
  3. You must notify K POS promptly at info@kpos.com.au if you know or suspect that:
    1. an Account or credential has been compromised;
    2. an unauthorised person has accessed the Services or Customer Data; or
    3. a security incident may affect the Services.
  4. K POS may require multi-factor authentication, password changes or other reasonable security measures.
  5. You are responsible for activity performed through your Account to the extent that the activity was authorised by you or resulted from your failure to take reasonable steps to protect the Account. You are not responsible for activity caused by K POS's breach of these Terms, negligence or failure to use reasonable security measures.
  6. K POS may temporarily restrict access to protect Users, Customer Data or the Services while investigating suspected fraud, misuse or a security incident.

7. Business Customer responsibilities

Each Business Customer is responsible for:

  1. configuring and using the Services appropriately for its business;
  2. verifying product, menu, price, tax, inventory, staff, customer and trading information entered into the Services;
  3. maintaining appropriate internal controls, including cash-handling, refund, user-access and reconciliation procedures;
  4. independently verifying reports, totals, stock counts, tax calculations and accounting exports before relying on them;
  5. maintaining any records, backups or exports required by law or reasonably necessary for its business;
  6. the legality, safety, quality, description, pricing, supply, delivery and fulfilment of its goods and services;
  7. holding all licences, registrations, approvals and insurance required for its business;
  8. complying with the Consumer Law, food-safety requirements, responsible service obligations, product-safety rules, privacy and direct-marketing laws, tax laws, card-scheme rules and all other laws applicable to its business;
  9. providing End Customers with accurate terms, refund information, collection notices and contact details;
  10. responding to End Customer questions, complaints, chargebacks, cancellations and refund requests relating to the Merchant's goods or services; and
  11. ensuring that its use of CCTV, employee monitoring, customer profiles, marketing tools and other Services is lawful and appropriately disclosed.

8. Orders and the Merchant relationship

  1. K POS supplies the technology used to facilitate Orders. Unless K POS is expressly identified as the seller, the Merchant—not K POS—is the seller and supplier of the goods or services in an Order.
  2. An Order is an offer by the End Customer to purchase from the Merchant. The Merchant may accept or reject the Order, subject to applicable law. An automated acknowledgement does not necessarily mean that the Merchant has accepted the Order.
  3. The Merchant is responsible for:
    1. the accuracy of its menu, catalogue, descriptions, prices, fees, availability, opening hours and fulfilment estimates;
    2. accepting, preparing, supplying, delivering or making available the Order;
    3. substitutions, allergens, dietary information, age-restricted items and special instructions;
    4. issuing receipts and tax invoices where required; and
    5. remedies for the Merchant's goods or services.
  4. End Customers must check Order details, location, collection or delivery method, quantities and total price before submitting an Order.
  5. An End Customer must provide accurate contact and fulfilment information and collect or accept delivery of the Order within any stated time.
  6. K POS does not control and is not responsible for a Merchant's acts or omissions, but K POS may assist Users in communicating with a Merchant or investigating a technical issue.

9. Prices, fees and taxes

  1. Fees payable by a Business Customer are set out in its Business Customer Agreement. Unless stated otherwise, quoted business prices exclude GST.
  2. A Business Customer must pay valid invoices by the due date using an accepted payment method.
  3. If a Business Customer disputes an invoice in good faith, it must notify K POS promptly, explain the disputed amount and pay any undisputed amount by the due date. The parties will work in good faith to resolve the dispute.
  4. A Merchant sets the prices and Merchant-imposed fees for its Orders. Prices, taxes, surcharges, delivery fees and other charges payable by an End Customer will be displayed before the Order is submitted, to the extent required by law.
  5. A clearly incorrect price caused by an obvious error may be corrected before an Order is accepted. If payment has already been taken and the Order cannot lawfully or reasonably be supplied at the displayed price, the Merchant or relevant payment recipient must cancel the affected item or Order and refund the amount paid, subject to the Consumer Law.
  6. K POS may change its standard fees by giving affected Business Customers reasonable notice. If a fee increase materially disadvantages a Business Customer during a fixed term, the Business Customer may exercise any cancellation right in its Business Customer Agreement or, if none is stated, terminate the affected recurring Service before the increase takes effect without an early-termination fee.

10. Payments

  1. Payments may be processed by third-party payment providers, acquiring banks, card networks or financial institutions. Their separate terms and privacy practices may apply.
  2. K POS is not a bank and does not provide deposit-taking or credit services.
  3. A User authorises the relevant payment provider and payment recipient to charge the selected payment method for an Order or Service, including any amount clearly disclosed before confirmation.
  4. A User must not use a payment method without the account holder's authority.
  5. Payment processing may be delayed, declined, reversed or subject to fraud checks. K POS is not responsible for a third-party provider's refusal or delay, except to the extent K POS caused or contributed to the issue.
  6. Business Customers must comply with applicable payment-provider and card-scheme rules and must not store sensitive authentication data in the Services unless the relevant feature is expressly designed and approved for that purpose.
  7. If a payment is duplicated or an incorrect amount is charged because of a K POS technical error, K POS will reasonably assist the payment recipient and affected User to investigate and correct the error.

11. Cancellations, refunds and consumer guarantees

  1. A Merchant's displayed cancellation and refund policy applies to Orders, subject to the Consumer Law.
  2. Unless K POS is identified as the seller or payment recipient, requests about an Order should first be directed to the Merchant.
  3. A Merchant is not required to provide a refund merely because an End Customer changes their mind, unless the Merchant's policy states otherwise. This does not affect rights relating to faulty, unsafe, misdescribed or otherwise non-compliant goods or services.
  4. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
  5. Where the Consumer Law applies:
    1. goods come with guarantees that cannot be excluded under the Consumer Law;
    2. services come with guarantees that cannot be excluded under the Consumer Law; and
    3. depending on the circumstances, remedies may include repair, replacement, re-supply, cancellation, refund or compensation for reasonably foreseeable loss or damage.
  6. A Business Customer may also qualify as a “consumer” under the Consumer Law for some acquisitions. Nothing in these Terms removes any rights the Business Customer has in that capacity.

12. Gift cards, loyalty programs and promotions

  1. A Merchant may offer gift cards, credits, loyalty points, discounts or promotional codes using the Services (Merchant Benefits).
  2. Unless expressly stated otherwise, Merchant Benefits are issued and funded by the Merchant, not K POS. The Merchant is responsible for their terms, expiry, redemption, refunds and compliance with applicable law.
  3. Merchant Benefits:
    1. are not legal tender or a bank deposit;
    2. cannot be exchanged for cash unless required by law or permitted by their specific terms;
    3. may only be used with the issuing Merchant or participating locations identified in their terms; and
    4. may be subject to reasonable fraud-prevention and Account-verification measures.
  4. K POS may correct a balance or reverse a transaction where reasonably necessary to fix a technical or accounting error, address a chargeback, or prevent suspected fraud. K POS or the Merchant will keep a record of the reason and, where lawful and practicable, notify the affected User.
  5. The Merchant remains responsible for honouring valid Merchant Benefits if it stops using the Services, unless applicable terms and law provide otherwise.

13. Hardware, installation and on-site services

  1. Hardware, CCTV, networking equipment, installation and on-site services are supplied only if included in a Business Customer Agreement.
  2. Ownership, delivery, risk, rental, returns, installation, warranties and maintenance for hardware are governed by the Business Customer Agreement and the Consumer Law.
  3. A Business Customer must:
    1. provide safe and timely site access, power, network connectivity and information reasonably required for installation or support;
    2. follow operating, safety and maintenance instructions;
    3. not allow unauthorised persons to modify installed hardware or software; and
    4. obtain any consents needed for cabling, mounting, CCTV or work at the site.
  4. Estimates for installation or repair may change if site conditions or requirements differ materially from information supplied to K POS. K POS will obtain approval before performing material additional chargeable work.

14. Third-party services and integrations

  1. The Services may interoperate with third-party products, payment providers, delivery platforms, accounting systems, app stores, mapping services, telecommunications services or websites.
  2. A User's use of a third-party service is governed by the third party's terms. K POS does not control and is not responsible for the third-party service.
  3. A third-party integration may become unavailable or change. K POS will use reasonable efforts to give affected Business Customers notice of a material foreseeable change, but may disable an integration immediately where required for security, legal or technical reasons.
  4. K POS is responsible for the parts of an integration controlled by K POS, but not for failures caused by the third party, the Business Customer's configuration or circumstances outside K POS's reasonable control.
  5. Where an App is downloaded through an app store, the store operator is not responsible for the App's support, maintenance or content except as required by its own terms or applicable law.

15. Acceptable use

You must not, and must not help another person to:

  1. use the Services unlawfully, fraudulently or in a way that infringes another person's rights;
  2. upload malware or malicious code;
  3. interfere with, damage, overload or circumvent the security of the Services;
  4. access data, Accounts or systems without authority;
  5. scrape, harvest or use automated means to extract data from the Services except through an interface K POS expressly provides for that purpose;
  6. reverse engineer, decompile or attempt to discover source code except to the limited extent that applicable law permits and does not allow that right to be excluded;
  7. copy, resell, sublicense or commercially exploit the Services except as expressly permitted;
  8. use the Services to send spam, unlawful marketing, defamatory material or content that is threatening, discriminatory, obscene or otherwise unlawful;
  9. impersonate another person or misrepresent an affiliation;
  10. use the Services to develop or train a competing product using K POS confidential information or protected elements of the Services; or
  11. conduct security testing without K POS's prior written approval.

16. Customer Data and privacy

  1. As between K POS and a Business Customer, the Business Customer retains its rights in Customer Data.
  2. The Business Customer grants K POS and its service providers a non-exclusive licence to host, copy, process, transmit and otherwise use Customer Data only as reasonably necessary to:
    1. provide, secure, support and improve the Services;
    2. prevent fraud and misuse;
    3. comply with law; and
    4. fulfil documented instructions from the Business Customer.
  3. Each party must comply with privacy laws applicable to its handling of personal information.
  4. A Business Customer must have all notices, consents and other lawful bases required for K POS to process Customer Data as contemplated by these Terms.
  5. K POS will handle personal information in accordance with its published privacy policy, available at https://www.kpos.com.au/app/Privacy_Policy2.html, as updated from time to time.
  6. If K POS and a Business Customer enter into a separate data-processing agreement, that agreement prevails for the processing it covers.
  7. K POS may create and use aggregated or de-identified data that does not reasonably identify a Business Customer, User or other individual for analytics, security, service improvement and business reporting.
  8. A Business Customer must not use Customer Data obtained through the Services for unlawful surveillance, discrimination, spam or any purpose that was not properly disclosed to the relevant individual.

17. Data security and retention

  1. K POS will use reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, loss, misuse and disclosure.
  2. No internet transmission or electronic storage system is completely secure. Users must maintain appropriate endpoint, network, password and access security.
  3. Each party must promptly notify the other of a confirmed security incident affecting personal information or confidential information relevant to the Services and reasonably cooperate to investigate, mitigate and meet legal notification obligations.
  4. K POS may retain Customer Data for the term of the relevant Service and for a reasonable period afterwards for backup, legal, fraud-prevention, dispute and compliance purposes.
  5. Subject to technical feasibility, applicable law and any Business Customer Agreement, K POS will provide a Business Customer a reasonable opportunity to export commonly available Customer Data before or shortly after termination. K POS may charge a reasonable disclosed fee for custom extraction or restoration work.

18. Intellectual property

  1. K POS and its licensors own all rights in the Services, including software, designs, documentation, trade marks, logos, content and improvements, excluding Customer Data and third-party material.
  2. No rights are granted except the limited rights expressly stated in these Terms or a Business Customer Agreement.
  3. A Business Customer may reproduce K POS documentation only as reasonably necessary for its internal authorised use of the Services.
  4. If a User provides suggestions or feedback, K POS may use it without restriction or payment, provided K POS does not publicly identify the User as the source without permission.
  5. A Business Customer grants K POS permission to use its name and branding only as required to configure and provide the Services. Any public marketing use requires the Business Customer's consent.
  6. You must not use K POS trade marks in a misleading, unauthorised or disparaging manner.

19. Confidentiality

  1. Confidential Information means information disclosed by one party to another that is marked confidential or that a reasonable person would understand to be confidential, including non-public technical, security, pricing, business and Customer Data.
  2. The receiving party must:
    1. use Confidential Information only to perform or exercise rights under the agreement;
    2. protect it using at least reasonable care; and
    3. disclose it only to personnel, professional advisers and service providers who need to know it and are bound by confidentiality obligations.
  3. Confidential Information does not include information that the receiving party can show:
    1. is publicly available through no breach of confidence;
    2. was lawfully known without restriction before disclosure;
    3. was independently developed without use of the Confidential Information; or
    4. was lawfully received from a third party without a duty of confidence.
  4. A party may disclose Confidential Information where required by law, after giving advance notice where lawful and reasonably practicable.

20. Availability, support and changes

  1. K POS will provide paid Services with due care and skill and in accordance with any applicable Business Customer Agreement.
  2. Unless a Business Customer Agreement includes a service level, K POS does not guarantee that the Services will always be available, uninterrupted or error-free.
  3. K POS may perform maintenance and will use reasonable efforts to minimise material disruption and give advance notice of planned maintenance where practicable.
  4. K POS may provide updates required for security, compatibility, legal compliance or service operation. A Business Customer must install or permit critical updates within a reasonable time.
  5. Support channels, hours, response targets and exclusions are as stated in the applicable Business Customer Agreement or published support information.

21. Suspension

  1. K POS may suspend all or part of a User's access where reasonably necessary because:
    1. the User materially breaches these Terms or an applicable Business Customer Agreement;
    2. an undisputed amount remains overdue after notice and a reasonable opportunity to pay;
    3. the User's activity creates a material security, legal or operational risk;
    4. K POS reasonably suspects fraud or unauthorised use; or
    5. suspension is required by law, a regulator, a court or a relevant third-party provider.
  2. Where lawful and practicable, K POS will notify the affected User of the reason, scope and expected duration of suspension and give a reasonable opportunity to remedy the issue.
  3. K POS will limit a suspension to what is reasonably necessary and restore access promptly after the issue is resolved.

22. Term and termination

  1. These Terms apply while you access or use the Services.
  2. A Business Customer may terminate a paid Service as set out in its Business Customer Agreement. If no termination process is stated for a month-to-month Service, either party may terminate it on 30 days' written notice.
  3. Either party may terminate an affected agreement by written notice if the other party:
    1. materially breaches the agreement and does not remedy a remediable breach within 14 days after receiving written notice; or
    2. becomes insolvent, enters liquidation or administration, or ceases business, subject to applicable insolvency laws.
  4. K POS may terminate an Account or Service immediately if continued access would be unlawful or create a serious security risk, or if a material breach cannot be remedied.
  5. An End Customer may stop using the Services or request Account closure at any time, subject to completion of pending Orders and legal retention requirements.
  6. On termination:
    1. access rights end for the terminated Service;
    2. each party must pay amounts properly accrued before termination;
    3. the Business Customer should export required Customer Data within the available export period; and
    4. clauses intended by their nature to continue—including confidentiality, intellectual property, accrued payment obligations, liability, disputes and governing law—survive.
  7. Termination does not affect an End Customer's rights against a Merchant or a Merchant's obligations concerning an Order, refund or Merchant Benefit.

23. Warranties and disclaimers

  1. K POS warrants that it will provide the Services with due care and skill.
  2. Each User warrants that information and content it supplies is accurate to the best of its knowledge, lawful and does not infringe another person's rights.
  3. Subject to rights that cannot be excluded by law:
    1. K POS does not warrant that every Service will meet every User's particular business requirements;
    2. forecasts, analytics and reports are tools and do not replace professional, tax, accounting, employment, security or legal advice;
    3. K POS is not responsible for Merchant goods, services, statements or fulfilment; and
    4. third-party services are provided under the relevant third party's terms.
  4. Any representation about specific functionality, compatibility, performance or outcomes applies only if included in a Business Customer Agreement or expressly confirmed by K POS in writing.

24. Liability

  1. Nothing in these Terms excludes, restricts or modifies:
    1. a right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified;
    2. liability for fraud, fraudulent misrepresentation or wilful misconduct; or
    3. any other liability that cannot lawfully be limited.
  2. To the extent permitted by law, a party's liability is reduced proportionately to the extent that the other party's act, omission or failure to mitigate caused or contributed to the loss.
  3. End Customers: K POS's liability to an End Customer is governed by applicable law. K POS is not liable for the acts or omissions of a Merchant or for the Merchant's goods or services, except to the extent K POS caused or contributed to the relevant loss.
  4. Business Customers only: Subject to clauses 24.1 and 24.5 and to the extent permitted by law:
    1. neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill, opportunity or anticipated savings, except to the extent such loss is reasonably foreseeable and cannot lawfully be excluded; and
    2. K POS's total aggregate liability arising from or relating to a Service in any 12-month period is limited to the fees paid or payable by the Business Customer for that Service during the 12 months immediately before the event giving rise to the claim.
  5. The exclusions and cap in clause 24.4 do not apply to:
    1. liability arising from a party's breach of confidentiality;
    2. K POS's liability arising from a breach of privacy or data-security obligations caused by K POS's negligence;
    3. infringement or misappropriation of the other party's intellectual property rights; or
    4. the Business Customer's obligation to pay valid fees.
  6. If a statutory guarantee applies and K POS is legally permitted to limit the remedy, K POS's liability is limited, at K POS's option, to:
    1. for goods, replacement, repair, supply of equivalent goods, or payment of the cost of doing so; and
    2. for services, re-supply of the services or payment of the cost of having them supplied again.

25. Business Customer indemnity

  1. A Business Customer indemnifies K POS against a third-party claim to the extent the claim results from:
    1. the Business Customer's goods or services;
    2. inaccurate or unlawful Customer Data, product information, marketing or instructions supplied by the Business Customer;
    3. the Business Customer's material breach of applicable law or these Terms; or
    4. use of the Services by the Business Customer in a manner not authorised by K POS.
  2. The indemnity does not apply to the extent K POS caused or contributed to the claim or failed to take reasonable steps to mitigate loss.
  3. K POS must promptly notify the Business Customer of the claim, allow the Business Customer reasonable control of the defence and settlement, and provide reasonable cooperation. The Business Customer must not settle a claim in a way that admits wrongdoing by or imposes a non-monetary obligation on K POS without K POS's consent, not to be unreasonably withheld.
  4. This clause does not apply to End Customers acting in a personal capacity.

26. Notices and electronic communications

  1. K POS may send operational notices electronically to the email address, mobile number, Account or interface associated with a User.
  2. A Business Customer must send legal notices to info@kpos.com.au and clearly identify the notice as a legal or contractual notice.
  3. Electronic marketing will be sent only as permitted by applicable law. Users may unsubscribe from marketing, but may still receive essential service, security, transaction and Account communications.

27. Complaints and disputes

  1. If you have a concern about the Services, contact K POS at info@kpos.com.au or 1300 119 576 and include enough information for us to investigate.
  2. Concerns about a Merchant's goods, services or fulfilment should first be raised with that Merchant.
  3. K POS and a Business Customer must attempt in good faith to resolve a dispute through authorised representatives before commencing court proceedings, except where urgent injunctive relief is required or a debt is undisputed.
  4. Nothing in this clause prevents a consumer from contacting a regulator, consumer-protection body, tribunal or court, or exercising any right available under applicable law.

28. Changes to these Terms

  1. K POS may update these Terms to reflect changes to the Services, law, security requirements or business practices.
  2. K POS will give affected registered Users reasonable advance notice of a material change. A change may take effect immediately where reasonably required for security, legal or regulatory reasons.
  3. If a material change substantially disadvantages a Business Customer during a recurring paid Service, the Business Customer may terminate the affected Service before the change takes effect without an early-termination fee, unless the change is required by law or is necessary to address a material security risk.
  4. The updated Terms apply to new Users from the date published and to existing Users from the notified effective date. Continued use after that date constitutes acceptance.

29. General

  1. Assignment: You must not assign your rights or obligations under these Terms without K POS's prior written consent, not to be unreasonably withheld. K POS may assign an agreement as part of a genuine corporate restructure or sale of all or substantially all of the relevant business, provided the assignment does not materially reduce the other party's rights.
  2. Subcontracting: K POS may use subcontractors and service providers but remains responsible for its obligations under these Terms.
  3. Force majeure: Neither party is liable for delay or failure caused by an event outside its reasonable control, except for accrued payment obligations. The affected party must take reasonable steps to minimise the impact and resume performance.
  4. Severability: If a provision is illegal, invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions continue.
  5. Waiver: A failure or delay in exercising a right is not a waiver. A waiver must be in writing.
  6. Relationship: These Terms do not create a partnership, joint venture, employment, franchise or agency relationship between K POS and a User. A Merchant has no authority to bind K POS.
  7. Entire agreement: These Terms and any applicable Business Customer Agreement constitute the entire agreement about their subject matter and supersede prior discussions and understandings, except in relation to fraud or a right that cannot lawfully be excluded.
  8. Interpretation: “Including” and similar words do not limit the words preceding them. A singular word includes the plural and vice versa.
  9. Governing law: These Terms are governed by the laws of New South Wales, Australia.
  10. Jurisdiction: The parties submit to the courts of New South Wales and courts entitled to hear appeals from them. An End Customer may also have rights to bring a claim in another jurisdiction under applicable consumer law.