Terms and Conditions

1. Eligibility

PosWave provides Services only to businesses. You confirm that you are acting on behalf of a registered business entity and have authority to bind that entity.

2. Services

PosWave provides:

• Point-of-Sale (POS) software (cloud-based SaaS)
• Payment processing and merchant services
• POS hardware and peripherals
• Integrations with third-party platforms

Services may evolve over time and features may change.

3. Account Registration

You must:

• Provide accurate business information
• Maintain security of login credentials
• Notify us of any unauthorized access

You are responsible for all activity under your account.

4. Fees & Billing

You agree to pay all applicable fees including:

• Subscription fees
• Transaction fees
• Hardware costs
• Setup or onboarding fees

All fees are exclusive of GST/VAT unless stated otherwise.

We may adjust pricing with reasonable notice.

5. Payment Processing

Where PosWave provides merchant services:

• You authorize us to process transactions on your behalf.
• Settlement timing is subject to banking and compliance checks.
• We may suspend or withhold funds for fraud, disputes, chargebacks, or regulatory requirements.

You agree to comply with:

• Card scheme rules (Visa, Mastercard, etc.)
• AML/CFT laws
• PCI-DSS requirements

6. Hardware

Hardware is sold or leased as specified in your agreement.

Unless otherwise stated:

• Hardware remains your responsibility once delivered.
• Warranties are limited to manufacturer warranties.
• PosWave is not liable for misuse, damage, or third-party servicing.

7. Third-Party Integrations

PosWave may integrate with third-party services.

We are not responsible for:

• Downtime caused by third parties
• Data errors from external systems
• Pricing or policy changes of partners

Your use of third-party services is subject to their own terms.

8. Data & Privacy

• We collect and process data in accordance with our Privacy Policy.
• You retain ownership of your business data.
• You grant PosWave a license to use data for providing and improving Services.

9. Acceptable Use

You must not:

• Use Services for illegal activity
• Process prohibited goods
• Interfere with system security
• Reverse engineer or resell without permission

We may suspend accounts for breach.

10. Intellectual Property

• All PosWave software, branding, and systems remain our intellectual property.
• You receive a non-exclusive, non-transferable license to use the Services.

11. Service Availability

Services are provided on an "as is" and "as available" basis.

We do not guarantee:

• 100% uptime
• Error-free operation
• Continuous availability

12. Limitation of Liability

To the maximum extent permitted by law:

PosWave is not liable for:

• Lost profits
• Business interruption
• Data loss
• Indirect or consequential damages

Our total liability is limited to fees paid by you in the previous 3 months.

13. Indemnity

You agree to indemnify PosWave against claims arising from:

• Your misuse of Services
• Regulatory breaches
• Chargebacks or fraud linked to your account

14. Termination

We may suspend or terminate Services:

• For breach of Terms
• For regulatory reasons
• For non-payment

You may cancel subject to contract terms. Fees are non-refundable unless required by law.

15. Governing Law

These Terms are governed by:

• New Zealand law (for NZ customers)
• Australian law (for AU customers)

Courts in those jurisdictions have exclusive authority.

16. Changes to Terms

We may update these Terms from time to time. Continued use constitutes acceptance.

17. Contact

PosWave

• Website: https://poswavehq.com
• Email: [email protected]
• Company: POSWAVE LIMITED

Address: [25 Station Road, Manurewa, Auckland, 2102 , New Zealand]