1. Account Terms
To access and use the Services, you must register for a Awayco account (“Account”) by providing a valid email address, password, your website, and any other information indicated as required. Awayco may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Awayco for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Awayco will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
You are responsible for keeping your password secure. Awayco cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Awayco may result in an immediate termination of your Services.
If we need to reach you, we will send you an email.
2. Account Activation
The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
Your Awayco Store can only be associated with one Store Owner. A Store Owner may have multiple Awayco Stores.
“Store” means the online store or physical retail location(s) associated with the Account.
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of the Service in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a “Awayco User”.
3. General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, before you may become a Awayco User.
Technical support in respect of the Services is only provided to Awayco Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of New South Wales and the laws of Australia applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Awayco may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Awayco’s website, available at https://www.awayco.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Awayco’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Awayco Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of New South Wales and Australia. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Awayco.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Awayco or Awayco trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to Awayco Support (firstname.lastname@example.org).
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Awayco shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Awayco’s prior written consent, to be given or withheld in Awayco’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service. 4. Awayco Contracting Party
“Awayco Contracting Party” means Awayco Holdings Pty Limited, an Australian company.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and Australia with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. 5. Awayco Rights
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
Awayco does not pre-screen Accounts. We may, but have no obligation to, remove or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Awayco customer, Awayco employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Awayco employees and contractors may also be Awayco customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Awayco retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Awayco reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Awayco’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under and in accordance with any other obligations in these Terms of Service.
Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
Confidential Information shall not include any information that the receiving party can prove: was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
7. Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Awayco shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Awayco or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Awayco partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Awayco does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Awayco does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Awayco does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
8. Waiver, Severability, and Complete Agreement
The failure of Awayco to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Awayco and govern your use of the Services and your Account, superseding any prior agreements between you and Awayco (including, but not limited to, any prior versions of the Terms of Service).
9. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the Materials you provide to the Awayco Service. All Materials you upload remains yours. You can remove your Awayco Store at any time by contacting email@example.com.
You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view content that you post publicly to your Store. You are responsible for compliance of the content with any applicable laws or regulations.
Awayco shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
10. POS Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Awayco POS software (“POS Software”) and any updates thereto provided to you by Awayco.
Access to and use of the POS Services requires that you have an active and valid Account.
You agree to use the POS Services in accordance with all procedures that may be provided by Awayco from time to time.
While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.11. Theme Store
Awayco may establish the appearance of your Awayco Store with a design template from your website.
Awayco may add or modify the footer that refers to Awayco at its discretion. Awayco may modify the Theme where it contains, in our sole discretion, an element that violates the Terms of Service.
Awayco may modify the Theme to reflect technical changes and updates as required.13. Awayco Email
You may generate or send email from your Account using the Awayco email services (the “Email Services”).
BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS. AWAYCO, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
Awayco’s Email Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.12. Payment of Fees
You will pay the Fees applicable to your Awayco Service including POS Services and any other applicable fees, including but not limited to applicable fees relating to the value of transactions made through your Store when using all payment providers other than Awayco Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services including Third Party Services (“Additional Fees”). Together, the Transaction Fees and the Additional Fees are referred to as the “Fees”.
Awayco will continue to charge the Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Australian dollars, and all payments shall be in Australian currency.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your Awayco Service including POS Service. To the extent that Awayco charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Awayco of your exemption. If you are not charged Taxes by Awayco, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
Other than Taxes charged by Awayco to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Awayco shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You must maintain an accurate location in the administration menu of your Awayco Store. If you change jurisdictions you must promptly update your location in the administration menu.
Awayco does not provide refunds.13. Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting Awayco Support at firstname.lastname@example.org and following the specific instructions indicated to you in Awayco’s response.
Upon termination of the Services by either party for any reason:
Awayco will cease providing you with the Services and you will no longer be able to access your Account;
Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
Any outstanding balance owed to Awayco for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
Your Store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Awayco Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Without limiting any other remedies, Awayco may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.14. Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days’ notice from Awayco. Such notice may be provided at any time by posting the changes to the Awayco Site (awayco.com) or the administration menu of your Awayco Store via an announcement.
Awayco reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
Awayco shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.15. Beta Services
From time to time, Awayco may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Awayco will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Awayco Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Awayco’s prior written consent. Awayco makes no representations or warranties that the Beta Services will function. Awayco may discontinue the Beta Services at any time in its sole discretion. Awayco will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Awayco may change or not release a final or commercial version of a Beta Service in our sole discretion.
16. Privacy & Data Protection