given by Polaris limited or its connected companies ( we or Polaris) . The person or the association
entering into these terms as a user of the Polaris POS services, with all individual users accessing the
Polaris services on that person’s behalf (together, you or users) agree to be constrained by these
terms. Polaris POS grants you a limited , non-exclusive, non-transferable license to sue the Polaris
POS services ( subject to your account type) in accordance with these terms.
In these terms, “Polaris services” means Polaris’s point of sale and inventory management products and services, and any features , technologies or functionality given by those products or services, offered by us from time to time , including the Polaris POS register and Polaris POS IOS applications (Apps) and Polarishq.com (website).
If you disagree with any of these terms, then you must not use the Polaris services. All rights not expressly granted to users in these terms are reserved by Polaris POS .
We may model these terms from time to time , and will determinedly notify you of such changes via e mail or by sending a message when you next use the Polaris services . If you proceed to use the Polaris services , your use will be controlled by the updated Terms.
From time to time, we may add , transform or remove all together features of functionality of the Polaris services . If you are using an App, you may need to set up a new or updated version before you can receive privilege of those transformations.
We may also make a judgment to stop providing all or some of the Polaris services at anytime, and nothing in these terms is to be taken as a guarantee that the Aps or any Polaris services will be valid ,either in its current from or at all, or that will support , keep or continue to offer the Polari services , or the Apps or any version of them.
You should be 18 years or more to access and use Polaris services. You agree to provide true, accurate , current and full account information, and to keep and promptly update your account information in order to ensure that it remains true , accurate , current and complete.
Cancellation of accounts:
We may annul or interrupt your account at any time if , in our sole discretion , you have committed a material or persistent breaking of these terms or any other terms applying to your use of the Polaris services . You are justifiable to cancel your account with Polaris at any time. You may annul you logged into your account through the Apps or the website. If you cancel your account before the end of your current paid up month or year , your annulation will take effect instantly and you will not be entitled to any compensation of Fees paid in advance ( unless we agree otherwise) . If you account is cancelled: a) your account will be invalid or deleted . b) all of your rights granted under these Terms will instantly come to an end and c) all of your data and content may be omitted from our systems immediately . Your content cannot be taken back once your account is cancelled. We are not responsible for any loss or damage following or as a result of , annulation of your account, and it is your accountability to ensure that any content or data which you ask for is backed-up or replicated before annulation.
Fees and Taxes:
The fees assigned for use of the Polaris services are set out on the website “Fees” are able to be charged . We will be able to notify you ( by e mail or sending a message when you next use the Polari services at least 30 days before rising the Fees. Fees are charged before on a monthly or annual basis and are non-compensated , including if you only us of part of a month or a year’s subscription for the Polaris services . If it is not required by law, we will not provide compensations in relation with the Polaris services. A valid credit card number is asked for to pay all Fees. If you experience a free trial of the Polaris services ( as seen in the website or the Apps) the free trial will start on the day that your account is registered and end 30 days later. If you want to provide valid credit card details ( if you do nit choose to use any free Polaris services which we may offer from time to time ). Fees are exclusive of all taxes ( other than New Zealand GST) , and you hold Polaris without harm against any demands by any tax enforce for any underpayment of any sales , use and services , value added or other impose or levy, and any punishment and or you can change and make transformation interest of your account at any time.
The upgrade or downgrade will become in use instantly . If you downgrade your profile, no compensations will be paid in respect of any unutilized portion of any more elevated account offering . If you upgrade your account , the balance already discharged for the rest of the term will be added to your account. We will then instantly charge your credit card for any net amount as a consequence of the upgrade and your account recreation date will be reset to the next valid tracking bills.
Downgrading your account can be the source of discarding the content of or features of capability of your account. If you opt to downgrade your account , Polaris does not allow any liability for the loss of data , content , features or capability .
The Polaris services are provided on as “as is” “as valid” basis ,and your use of them is at your own responsibility. We will essay to promptly address all technical problems that happens in relation to the Polaris services.
We do not warrant that: a)Polaris services will satisfy your specific necessities b) the Polaris will be discontinued ,timely, safe,, or error –free c) the Polaris services will be precise or relied on d) the quality of any products ,programs, information, or other material bought or gained by you through the Polaris services will satisfy your needs or f) any mistakes in the Polaris services will be corrected.
You accept that Polaris may use third party partners to offer hardware, software, networking , connectivity , saving and other technology in order to provide Polaris services. The acts and deletion of those third arty partners may be outside of Polaris’s control ,and Polaris does not allow any liability for any loss or harm as a result of any act or deletion of any third party partners .
With the support of itself and these third party partners Polaris keep out any other warranties rule or law, to the highest limit extent allowed by law. Our liability Is limited to the maximum extent allowed by law, Polaris will not be responsible for any straight , unstraight, incidental, special, consequential harms including but not limited to, harms for loss of profits, business, good will, use, data or other unperceived losses(even if Polaris has been recommended of the happening of such harms) , resulting from a) the utilization or the incapability to use the service, or any technical problems b)the price of obtaining substitute goods and services c) unlawful access to ,or change of your communications or data d) statements or control of any third party concerning the Polaris services , or e) any other thing related to Polaris services.
In any case , Polaris’ maximum sum of responsibility under or in relation with these Terms or the Polaris services Is limited to the Fees paid by you in the past year .
You are reliable for all action that results from the use of the Polaris services through your account. You are to rely on for keeping the safety of your account and password. Polaris will not be responsible for any loss or damage that may happen as you cannot keep user name and passwords secure.
Besides, you yourself secures Polaris against all forms of liability, activities, proceedings, demands, prices, changes which Polaris may undergo as a result of use of Polaris services through your account or as result of your disagreement with these Terms.
No malicious or illegal use . You ought not : a) use of the Polaris services in any illegal manner, for anyway that disagree with these Terms b) violate our intellectual property rights or these of any third party in relation to your use of the Polaris services c) transfer any material that is offensive or disapproving in relation to your use of the Polaris services d) use of the Polaris services in a manner that could harm , disable , impair our systems or security or interfere with other users e) gather or harvest any information or data from the Polaris services or our systems or try to decode any transmissions to or from the servers working any Polaris services f) uncover or send information relating to another user of the Polaris services to any third party ,or use any other user’s information for any marketing reasons ,if you do not have that user’s agreement to do so g)access or subscribe user logins via bots or other automated ways.
Reasonable use Policy :
You accept to use the Polaris services in a good way (avoid uncertainty,if you have subscribed for an unlimited account). If we find out that your use of the Polaris services is not reasonable or that your use is decreasing performance of the Polaris services for you or for other users , we may establish limits on your use of the Polaris services. Where possible, we will give you notice and ask that your usage is decreased before imposing any limits.
Limits on your use of the Polaris services may include ( but are not limited to) the amount and size of the following parameters: a) saving required to host and backup retailer b) goods deals per calendar month c)API (application programming interface ) calls for 5 minute period d) page views per 5 minute period e) band with utilization per 24 hour period f) support tickets opened per calendar month or g) vents, registers , users, products and customers .
You accept that Polaris owns all of the intellectual property rights existing in the Polaris services .
You accept not to confront or do anything incompatible with such ownership. You may not share or use Polaris’s brand, branding or logos except with Polaris’s prior written agreement .
You admit Polaris a royalty-free , irrevocable, perpetual license to use (including for commercial reasons) information and/or data gathered by Polaris through your use of the Polaris services, provided that we aggregate or hide that information or data before using it.
Other than this right, Polaris claims no intellectual property rights connected to the information or content you input into the Polaris services .
You may provide us with remarks , feedback or suggestions on Polaris services, and you accept that we will be free to use, change, and include such suggestions without any obligation to you.
If we do not insist that you perform any of your obligations under these Terms, or if we do not instantly exert our rights against you, that will not mean that we have abandon our rights against you and will not mean that you do not have to agree with those obligations.
and will not mean that you do not have to agree with those obligations.
The Polaris services are given for use in business , to you are not a customer. To the maximum extent allowed by law, any statutory or other consumer protection provisions (including in the customer guarantees Act 1993 and in the Fair Trading Act 1986) do not apply to the Polaris services , these terms or out relationship with you.
Each clause in these Terms works separately . If any court or competent authority decides that any of them are illegal or un-exerted, the remaining conditions will stay in full exertion and effect .
You may not allowed to assign sub-license, novate or transmit these Terms or any of the rights licensed under them .These Terms shall be governed by New Zealand law, and you submit to the exclusive jurisdiction of the new Zealand courts for any problem or harm arising in relation to these Terms.
Additional terms for Apple App store downloads:
If you have downloaded an App from Apple App store, the following additional terms and conditions in this clause 14 apply: these terms are only between you and Polaris ,and not with Apple. We (and not apple) are only responsible for the app and its content (subject to these terms) . You admit that Apples no obligations to exert any maintenance or support services to you in connection with the app.
In the event of any problem of the App to conform to any warranty that might be contained or implied into the Terms, you may notify Apple , and apple will compensate the purchase price (if any) for the App. Except for the preceding to the maximum extent allowed by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
Any claim in connection with the App related to product liability , a problem to conform to applicable legal or regularly , requirements, claims under consumer protection a similar legislation or intellectual property violation are controlled by these Terms, and Apple is not responsible for such claims.
You represent and warrant that you are not located in any U.S embargoed countries or on any U.S government list of illegal or restricted parties.
Apple and its subsidiaries are third party beneficiaries to these Terms, and upon your agreement of them , Apple will have the right to exert these Terms against you .
All other terms and conditions of these terms apply to your use of the App.