Terms and Conditions for RestoGenius

1. About the Website
Welcome to www.restogenius.com.au (the 'Website'). The Website provides point of sale (POS) software services (the 'Services') and is operated by RestoGenius (ACN 678 652 554). By accessing or using the Website and its associated Services, you agree to comply with the following terms and conditions (the 'Terms'). If you do not agree to these Terms, you must stop using the Website and Services immediately.

RestoGenius reserves the right to review and change any of the Terms by updating this page at its discretion. Any changes will take immediate effect from the date they are published. We encourage you to keep a copy of these Terms for your records.

2. Acceptance of the Terms
By remaining on the Website or by clicking 'accept' where provided in the user interface, you acknowledge that you have read, understood, and agree to be bound by these Terms.

3. Subscription to Use the Services
To access certain features of the Website and Services, you must purchase a subscription (the 'Subscription') and pay the applicable fee (the 'Subscription Fee'). You are responsible for ensuring that the Subscription you choose is suitable for your business needs.

Upon purchasing a Subscription, you will be required to register an account (the 'Account'). During this registration process, or as part of continued use of the Services, you may need to provide personal information such as your email address, preferred username, mailing address, and telephone number. You warrant that all information provided will be accurate, correct, and up to date.

4. Your Obligations as a Member
As a member of the Website, you agree to:

  • Use the Services for lawful purposes only, complying with applicable laws and regulations.
  • Keep your Account information confidential, including your password, and notify RestoGenius immediately of any unauthorized access or security breaches.
  • Use the Website for personal or business purposes as approved by RestoGenius, and refrain from any illegal or unauthorized activities, such as unsolicited email marketing or unauthorized framing of the Website.
  • Agree that automated use of the Website or Services is prohibited.

5. Payment
All payments for the Services must be made through approved channels. You agree to be bound by the terms and conditions of the payment providers, and you are responsible for any banking fees or charges associated with failed payments. RestoGenius reserves the right to adjust the Subscription Fee, and any changes will take effect after the end of the current Subscription Period.

6. Refund Policy
Refunds for Subscription Fees will only be provided if RestoGenius is unable to continue offering the Services or if it is deemed reasonable by RestoGenius management. Refunds will be provided on a pro-rata basis for any unused portion of the Subscription Period, in accordance with the Australian Consumer Law.

7. Copyright and Intellectual Property
All content on the Website, including text, graphics, logos, button icons, video images, audio clips, scripts, and design elements, is protected by copyright under Australian and international laws. Unless otherwise stated, all rights are owned or controlled by RestoGenius or its contributors.

RestoGenius grants you a non-exclusive, revocable license to access and use the Website and its content for personal or non-commercial use. No other rights are granted without the prior written consent of RestoGenius.

8. Privacy
RestoGenius takes privacy seriously. Any information you provide through the use of the Website and Services is subject to the RestoGenius Privacy Policy, which is available on the Website.

9. General Disclaimer
While RestoGenius strives to provide accurate and reliable information, the Website and Services are provided on an 'as is' and 'as available' basis. RestoGenius disclaims all warranties, expressed or implied, and will not be held liable for any indirect or consequential damages arising from your use of the Website or Services, including loss of data or profits.

10. Limitation of Liability
To the maximum extent permitted by law, RestoGenius' total liability for any claim arising out of or in connection with the Services or these Terms will not exceed the amount paid for the Subscription.

11. Competitors
Competitors of RestoGenius are not permitted to use or access the Website or Services. Any unauthorized use of the Website by competitors will be held accountable for any damages or loss incurred.

12. Termination of Contract
These Terms remain in effect until terminated by you or by RestoGenius. You may terminate your agreement by:

  • Not renewing the Subscription prior to the expiration of the Subscription Period.
  • Providing RestoGenius with 14 days` notice of your intent to terminate the Subscription.
  • Closing all Accounts and ceasing use of the Services.

RestoGenius reserves the right to terminate your access to the Services at any time if you breach these Terms or if it becomes commercially unviable to continue providing the Services.

13. Indemnity
You agree to indemnify and hold harmless RestoGenius and its affiliates from any claims, losses, or damages arising out of your use of the Website or Services, or any breach of these Terms.

14. Dispute Resolution
In the event of a dispute arising out of or related to these Terms, both parties agree to first attempt to resolve the matter through negotiation. If the dispute cannot be resolved within 28 days, the parties will seek mediation. The mediation will take place in Brisbane, Australia, and both parties will equally share the costs.

15. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland.

16. Severance
If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in effect.

For any inquiries, please contact us via the Website's Contact Us link or by emailing legal@techsprints.com.au.