Terms of Use

Terms of Use

Last updated on 22 May 2018

Thank you for using Webstika

These terms of service (“Terms of Use“) cover your use and access to our services, web application software, downloadable app and websites (“Services“). By using our Services, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement, including Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”). If you do not agree to any of these terms and conditions, you may not use our Services.

Webstika reserves the right to update and change the Terms of Use by posting updates and changes to the Webstika website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you and your Webstika Account.

1. Account Terms

  1. The person registering Webstika Account for the Service must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Webstika account (“Account”) by providing your full legal name, phone number, current address, a valid email address, and any other information indicated as required. Webstika may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Webstika will register and use the email address you provide at the time of creating this account as the primary method for communication.
  4. You are responsible for keeping your password secure. Webstika cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. 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 (“Data”, “Material”).
  6. You must not transmit any digital worms or viruses or any code of a destructive nature.
  7. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Webstika will result in an immediate termination of your Account and Services.

2. Activation and Use of Your Account

  1. This Terms of Use is a legal service agreement between Hike POS Pty Ltd of Australia (“Webstika”, “Us”, “We”), and the individual or organization (“Customer”, “Account Owner”) who registers to use the Webstika Services by creating a Webstika account. If an individual creates an account on behalf of their employer/organization, then the employer/organization will be deemed to be the Account Owner, and will be bound by these Terms of Use.
  2. Webstika grants Account Owner the right to access and use the Service via the Website, web-based application and downloadable apps. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
  3. The Account Owner can invite individuals to access its Account as authorized users (“Authorised User”). The Account Owner determines who is Authorised User to use the Webstika Service on its behalf. This includes the individual who creates Account on its behalf (Super Admin) and other employees, sub-contractors and individuals who are authorised to use the Webstika Services on the Account Owner’s behalf. You acknowledge and agree that:
    1. 2.3.1 the Account Owner determines who is an Authorised User and what level of user role access to the relevant organization and Service that Invited User has;
    2. 2.3.2 the Account Owner is responsible for all Authorised Users’ use of the Services;
    3. 2.3.3 the Account Owner controls each Authorised User’s level of access to the organization’s Account and Services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be;
    4. 2.3.4 If there is any dispute between an Account Owner and an Authorized User regarding access to any Account or Services, the Account Owner shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any Webstika

3. No Malicious or Illegal Use

Account Owner and any Authorised User shall not (and shall not allow any third party to):

  1. distribute viruses or other harmful or malicious computer code via or into the Products;
  2. engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Webstika Services;
  3. use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement;
  4. use the Hike Services for any use other than Customer’s internal business use;
  5. use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or Services or for the purpose of obtaining unauthorized access to the Services;
  6. use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
  7. Webstika retains all titles to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof and all related documentation and materials.

4. Fair Use Policy

  1. It is important to Webstika that all Webstika Customers are able to access our Services. Accordingly, We have devised a Fair Use Policy. Fair use limits apply to all Webstika Services, including any Services advertised as ‘unlimited’
  2. We may limit, suspend or terminate your Webstika Services if you unreasonably exceed such limits or excessively use the capacity or resources in a manner which may hinder or prevent us from providing services to other customers or which may pose a threat to the integrity of our systems and service quality.
  3. Limit on your Webstika Services may include (but not limited to) the volumes of the following parameters per store: (a) outlets, registers, customers, products and users; (b) storage space required to host and backup your data on our servers; (c) frequency of API (application programming interface) calls per hour; (d) page views per minute period; (e) bandwidth usage per six (6) hours period;

5. Our Stuff

Webstika Services are protected by copyright, trademark, and other Australian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Webstika trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

6. Fees and taxes

Webstika Services are protected by copyright, trademark, and other Australian and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, Webstika trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

  1. You agree to pay the applicable fees listed on our Website (‘Fees’) for use of the Services.
  2. Subject to the terms of this Agreement, we reserve the right to change our Fees at any time by giving you a thirty days’ advance notice. The new Fees or pricing/package terms will automatically apply to your Account from expiry of that notice, unless you choose to cancel your account before the changes take effect. Continuity in account is considered as your consent. To withdraw your consent to the changes in Fees, you must close your account with Webstika (‘Account’).
  3. All Balances and all Fees, charges and payments are denominated in United States dollars if you are located outside Australia. For all Accounts in Australia, the fees, charges and payments are denominated in Australian dollars and include GST.
  4. You can register a Webstika Account on a free trial (“Free Trial”) as advertised on Webstika website. The Free Trial allows Account Owner full access to the Services for free for 14 days, starting from the day of Account registration. The Free Trial is for evaluation purpose and Account Owners must activate their paid subscription to start using Webstika Services to serve their customers.
  5. If you wish to continue to use the Webstika Services at the end of the Free Trial, you will need to opt for a paid Webstika subscription plan (“Subscription”) and provide valid credit card details. If you choose not to continue with the Webstika Services at the end of the Free Trial, then your Account and all data associated with it will be deleted after 30 days following the end of your free trial, unless we’re required to retain it for longer under applicable law.
  6. Account Owner shall pay Webstika the annual or monthly fees as specified in the selected Subscription. Fees are charged in advance on a monthly or annual basis. We’ll automatically bill you from the date you activate a paid Webstika Subscription and on each periodic renewal until cancellation.
  7. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
  8. All payments by Account Owner to Webstika under this Agreement are non-refundable, including if you only use part of a month or year’s Subscription for the Webstika Services. Unless required by law, we will not provide refunds in connection with the Webstika Services.
  9. All Subscription payments are made via the automatic payment method specified by Account Owner in the Subscription, or as otherwise agreed by the Customer and Webstika.
  10. Any amounts past due from Customer under this Agreement shall accrue interest at a rate which is the lesser of two percent (2%) per month or, if less, the maximum rate allowable by law. Any applicable federal, state, provincial, or other goods and services or sales taxes will be added to fees owing pursuant to this Agreement.
  11. Your Account will remain in effect until the date of its Subscription renewal date. If you don’t pay for your Subscription or Subscription renewal on time, we reserve the right to suspend, downgrade or delete your Account.

7. Upgrade/Downgrade Service Plan

You may upgrade or downgrade your Webstika Subscription plan at any time. The Subscription plan upgrade/downgrade changes will become effective immediately so please read and understand following prior to making any such changes to your Account:

  1. Please be aware that you are actually switching your existing service plan. Some services that you currently enjoy may be unavailable to you depending on the new service plan selected. Please make sure to carefully read the plan descriptions for each Subscription option.
  2. Upon downgrade, all features are directly reduced to the numbers covered under the new plan. Downgrading your service plan may result in loss of data, features, resources, allowed products limit, allowed users limit, allowed outlet and registers limit and reduction of any other capacity based on the new service plan allocations. You are responsible for any loss and results of Service plan downgrades. Hike does not accept any liability for any kind of loss resulting from your account service plan downgrade.
  3. No refunds will be paid in respect of any unused portion of your higher Subscription plan when you downgrade to a cheaper Subscription plan.
  4. When you upgrade your Subscription plan, we will only charge the difference by crediting your account for the unused amount paid towards your existing plan. We will charge your credit card for any net amount due as a result of the upgrade. The charge will get applied to your credit card and the plan will be upgraded only after the receipt of payment.
  5. If you are currently on a yearly Subscription plan, you can downgrade or upgrade to a Subscription plan with a yearly payment option only

8. Termination

  1. You can stop using our Services at any time by. Should you decide not to use Webstika Services, please ensure to cancel your Account and Subscription. Failure to do so will result in Subscription renewal on its periodic renewal date.
  2. . We reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms of Use in a manner that would cause us legal liability, disrupt our Services or disrupt others’ use of the Services.
  3. We reserve the right to terminate and delete your Account, including all the Data and information stored on it, if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
  4. All Free Trial Accounts where Account Owner did not opt for a Subscription at the end of their trial, we’ll delete those Accounts and Data and information stored in the Accounts within 30 days.

9. Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. To the fullest extent permitted by law, hike and its affiliates, suppliers and distributors make no warranties, either express or implied, about the services.

(i) Webstika cannot guarantee the results generated through the service, or that the service will be continuously available for use without interruption, and

(ii) the services are provided “as-is”, on an “as available” basis without any representation, warranty or condition of any kind, and Webstika hereby disclaims all conditions, representations and all warranties whether express or implied, arising by law or otherwise with respect to the products, including, but not limited to, any

(a) implied warranty of merchantability or fitness for a particular purpose,

(b) implied warranty arising from course of performance, course of dealing, or usage of trade,

(c) warranty of title or non-infringement; or

(d) statutory remedy.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Webstika, its affiliates, suppliers or distributors be liable for

(a) any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not Webstika has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose;

(b) aggregate liability for all claims relating to the services more than the greater of $20 or the amounts paid by you to Webstika for the past 12 months of the services in question.

11. Waiver, Sever-ability & Assignment

Webstika’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Webstika may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

12. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

13. Controlling Law

This Agreement will be governed by the laws of the State of Victoria, Australia. Any dispute arising under this Agreement shall be exclusively heard in the court of law in Victoria, Australia. You (Customer) hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia for all disputes arising out of or in connection with this Agreement.

14. Disputes

In the event a dispute arises out of or in connection with this Agreement the parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period than any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Victoria, Australia. The arbitrator’s award will be final, and judgement may be entered upon it by any court having jurisdiction within the State of Victoria, Australia.

15. Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Webstika must be sent by email to “hello at Webstika dot com” or to any other email address notified by email to You by Webstika. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.

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