Terms & Conditions

1. About these terms

These terms and conditions govern your subscription to, and use of, hardware, software and related services supplied by AuxAussie Pty Ltd (ABN 14 654 681 562) of REGISTERED ADDRESS TO BE INSERTED ("AuxAussie", "we", "us", "our").

By signing up, creating an account, or using our hardware or software, you agree to these terms. If you are entering into these terms on behalf of a business, you confirm you are authorised to bind that business.

These terms apply alongside your signed subscription agreement, our Privacy Policy and our Refunds Policy, which together form your agreement with us. If your signed subscription agreement is inconsistent with these terms, the signed agreement prevails.

2. Definitions

• Hardware — the equipment we supply under your subscription, including AI kiosks, POS units, kitchen display screens, printers and scanners. Hardware is hired to you, never sold.
• Software — the AuxAussie platform, including the store dashboard, POS and kiosk software, ordering website, customer, store and driver apps, and any updates.
• Subscription — your subscription for one venue, on the tier you choose.
• Tier — Starter, Growth or Enterprise, each with its own hardware, term, deposit, weekly fee and platform fee.
• Deposit — the refundable security deposit payable when you sign up, described in clause 6.3.
• Weekly fee — the flat weekly subscription fee for your tier.
• Platform fee — the per-order percentage plus flat amount for your tier, described in clause 6.2.
• Term — the fixed subscription period for your tier.
• Merchant dashboard — the online portal where you view your subscription, invoices and payments.

3. Accounts and eligibility

To subscribe you must be a business operating in Australia, be at least 18 years old, and provide accurate details including your legal entity name, ABN, venue address and contact details.

You are responsible for keeping your account password secure and for all activity under your account. Tell us promptly at info@auxaussie.com.au if you believe your account has been accessed without your authorisation.

We may decline an application, or suspend an account, where we reasonably believe the information given is inaccurate or the account is being used unlawfully.

4. Signing up

Submitting a signup — whether through our website, our sales team, or a plan we prepare for you — is an offer to subscribe on these terms. A contract is formed only when we confirm your subscription in writing or in your merchant dashboard.

We may decline a signup, for example if we cannot verify your details or cannot service your venue. If we do, we will refund your deposit in full.

You may cancel a signup before your hardware is installed. Your deposit will be refunded in full, unless we have already incurred costs specific to your installation, in which case we may keep a reasonable amount reflecting those actual costs.

5. Pricing, GST and currency

Prices are quoted in Australian dollars (AUD) and exclude GST. GST at 10% is added where applicable, and a tax invoice is issued for each payment.

We may change our published prices at any time, but a change never affects a subscription already confirmed: your deposit, weekly fee, platform fee and term are fixed for your term as set out in your agreement. Where a price is displayed incorrectly due to an obvious error, we will contact you before proceeding and you may cancel without charge.

6. Subscription plans

Hardware is supplied on subscription only. Our current tiers are published on our Plans & pricing page. Your specific figures and dates are always those in your signed agreement and merchant dashboard, which prevail over any general description here.

6.1 How the subscription works

You choose a tier for your venue, pay the deposit, then pay the weekly fee for the term. Installation, maintenance, repairs, software updates and the software described in clause 9 are included. AuxAussie retains ownership of the hardware at all times; it is never sold or transferred to you.

6.2 Platform fee

For each customer order paid through the AuxAussie system, the platform fee for your tier (a percentage of the order plus a flat amount, plus GST) is deducted automatically through Stripe Connect before the balance is paid to you. Stripe's own payment processing fees are also deducted from your share, in accordance with Stripe's pricing.

You set your own menu prices. We do not add any surcharge to your customers' bills, and you must not add a card surcharge where the law does not permit it.

6.3 Deposit

The deposit for your tier is payable when you sign up, CONFIRM: plus GST. It is held as security for the hardware and for amounts you owe under your agreement.

The deposit is refunded after the hardware has been returned to us, less any amounts you owe us and the reasonable cost of any loss or damage beyond fair wear and tear. We will tell you in writing about any deduction and how it was calculated.

6.4 Term and end of term

Each tier has a fixed term. Your subscription does not renew automatically. At the end of the term, your subscription ends and we collect the hardware, unless you and we sign a new agreement to continue.

6.5 Discounts and negotiated plans

We may agree a discount or a customised plan with you. Any such variation applies only to the subscription it is agreed for and is recorded in writing.

7. Payments, cards, direct debit and failed payments

Payments are processed by Stripe Payments Australia Pty Ltd. You can pay by card or by BECS Direct Debit from an Australian bank account. AuxAussie never receives or stores your full card number, security code or full bank account number — see our Privacy Policy.

BECS Direct Debit payments are made under Stripe's Direct Debit Request service agreement, which you accept when you set up the debit. Direct debits take a few business days to clear; we book installation once your deposit has cleared.

You authorise us to charge your nominated card or bank account for the weekly fee as it falls due under your agreement, and for any other amounts due under it. You can change your payment method at any time, but you remain responsible for paying amounts as they fall due.

If a payment fails, we will notify you and may re-attempt it. Where an amount remains unpaid, we may CONFIRM: late fee, if any, suspend services under clause 15, or recover the amount and reasonable enforcement costs.

8. Installation, ownership and care of hardware

Installation. We install the hardware at your venue on a date agreed with you, indicatively within CONFIRM: e.g. X business days of your deposit clearing. You must give us reasonable access to the venue and the power and internet connections the hardware needs.

Ownership. The hardware is and remains our property. We register our interest on the Personal Property Securities Register (PPSR). You must not sell, sub-hire, lend, encumber or otherwise deal with the hardware, and must not allow anyone else to claim an interest in it.

Care and use. You must keep the hardware at the venue named in your agreement, use it with reasonable care and only for your business, and not move, open, modify or repair it (or let anyone other than us do so) without our written consent.

Risk. You are responsible for loss of, or damage to, the hardware while it is at your venue, other than fair wear and tear or faults covered by clause 11. CONFIRM: whether merchants must insure the hardware.

Access. On reasonable notice, you must allow us access to the venue to maintain, repair, replace, update or collect the hardware.

9. Software

The software is included in your subscription. It is licensed, not sold: during your subscription we grant you a non-exclusive, non-transferable licence to use it for your business. Your ordering website and your customer, store and driver apps are provided and hosted by us as part of the subscription.

We may update the software from time to time. We aim to give reasonable notice of any change that materially reduces functionality you rely on.

Add-on services, such as social media management, are billed as set out in their own plan.

10. Your rights under Australian Consumer Law

11. Maintenance, repairs and replacement

For the whole of your term, we maintain the hardware and repair or replace any hardware that fails through normal use, at no extra cost to you. This is in addition to your rights under the Australian Consumer Law.

This does not cover damage from misuse, accident, liquid ingress, unauthorised repair or modification, or power surges. Where we repair or replace hardware damaged in those ways, we may charge you the reasonable cost of doing so. To report a fault, contact us at info@auxaussie.com.au or on WhatsApp.

12. Acceptable use

You must not use our hardware or software to break the law, to process fraudulent transactions, to interfere with our systems or another customer's use of them, or to attempt to access parts of our systems you are not authorised to use. You must not reverse engineer, copy or resell our software.

13. Intellectual property

All intellectual property in our software, branding, documentation and website remains ours or our licensors'. Nothing in these terms transfers ownership to you. You retain ownership of your own business data; you grant us the limited licence needed to host and process it in order to provide the services.

14. Liability

Subject always to clause 10, and to the extent permitted by law:

• our total liability arising out of or in connection with these terms is limited, at our option, to resupplying the goods or services, repairing or replacing them, or paying the cost of doing so;
• we are not liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or data, however arising; and
• we are not liable for failures caused by events outside our reasonable control, including outages of third-party payment, telecommunications or hosting providers.

You are responsible for maintaining your own backups of business data you generate.

15. End of term, suspension and termination

End of term. When your term ends, your subscription ends unless a new agreement has been signed. You must make the hardware available for collection, in reasonable condition allowing for fair wear and tear, and we will give you a reasonable opportunity to retrieve your business data. Your deposit is then refunded under clause 6.3.

Suspension and termination by us. We may suspend services or terminate your subscription if you materially breach these terms — including non-payment — and do not remedy the breach within CONFIRM: notice period, e.g. 14 days of written notice from us.

Ending early. Ending a subscription before the end of its term is by agreement with us. CONFIRM: early termination terms, e.g. notice period and any amount payable.

On any termination, amounts already due remain payable, and the hardware must be made available for collection.

16. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which explains what we collect, how we use it, and where it is stored — including that some information is stored and processed outside Australia.

17. Changes to these terms

We may update these terms. Where a change is material and affects you, we will give you reasonable advance notice by email or through your dashboard before it takes effect. Changes do not apply retrospectively, and never change the deposit, weekly fee, platform fee or term of a subscription already confirmed.

18. Disputes and governing law

If something goes wrong, contact us first at info@auxaussie.com.au — most issues are resolved quickly and directly. We will acknowledge your complaint and work with you in good faith to resolve it.

These terms are governed by the laws of STATE OR TERRITORY TO BE INSERTED, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place.

19. Contact us