Skip to content
Book a Demo

Terms of Use

Aimer (Ai Systems) Point of Sale

General Terms & Conditions of Sale

 

  1. Acceptance of Terms
  • Supplier Information: Advanced Intelligence Software Ltd, trading as Aimer ("Aimer," "We," "Our," or "the Supplier"), provides various hardware, setup, and support services ("the Service") for its software ("the Software") to you ("the Customer").
  • Binding Agreement: By accessing or using the Service, Software, or hardware, you agree to be legally bound by these Terms and Conditions ("the Agreement"). This Agreement constitutes a binding contract, enforceable even without a physical signature. If you enter into these Terms on behalf of a company or legal entity, you confirm that you have the authority to bind that entity. The failure to receive or sign a physical contract does not void these Terms.

 

  1. Duration, Renewal, and Termination of Agreement

Duration and Renewal:

  • The Agreement takes effect from the commencement date specified in the Service Agreement and will run for an initial term ("Initial Term") as outlined therein.
  • Unless terminated in accordance with these Terms, the Agreement will automatically renew for successive periods of one month or any other period agreed upon by both parties ("Renewal Term") until either party elects to terminate.
  • At the end of any fixed term period and if there has been no prior arrangement or discussion, then the standard monthly fees (subject to change), inline with the services previously used  will apply until further notice, discussion or termination is given.

Termination:

  • Either party may terminate the Agreement by providing written notice at least 30 days before the end of the Initial Term or any Renewal Term.
  • Aimer reserves the right to terminate the Agreement immediately and without notice if:
    • Payments are overdue beyond the grace period.
    • The Customer fails to make payment and Aimer is unable to collect payment via agreed methods, including direct debit, or the Customer fails to respond to reasonable attempts to communicate regarding such non-payment, including where a renewal agreement has not been reached.
    • The Customer violates legal requirements, third-party rights, or Aimer’s policies.
    • The Customer misuses the Service or breaches significant provisions of these Terms.
  • For “term” contracts, full settlement of the contract value is required unless explicitly stated otherwise by Aimer. This policy applies exclusively to “In-house” offers. For finance-related settlements, please refer to the lender’s Terms and Conditions.
  • Upon termination, all outstanding fees, including any settlement costs, are due immediately and must be paid within 7 days of the cancellation date unless otherwise agreed in writing. The Customer must cease all use of the Service upon termination. Aimer reserves the right to deactivate or delete the Customer’s account and any associated data.

  1. Payment Obligations
  • The Customer agrees to pay all Charges (plus GST) to Aimer monthly in advance, with payments made by direct debit from the account specified in the Service Agreement.
  • Charges include, but are not limited to, subscription fees, installation fees, and any additional costs incurred in the provision or termination of services.
  • A dishonour fee of $10.00 + GST applies for any payment that fails to clear due to insufficient funds or other account issues, subject to Aimer's right to adjust this fee with 30 days' prior notice.
  • The Customer is responsible for maintaining sufficient funds in the designated account to cover each payment, and Aimer reserves the right to pursue collection costs if necessary.

 

  1. Obligations of Both Parties

Aimer’s Obligations:

  • Provide the Services as detailed in the Service Agreement, subject to the availability of essential third-party services.
  • Supply promotional materials and signage free of charge for use at the Customer’s point of sale.
  • Provide required stationery and other supplies under terms reasonably notified to the Customer.

Customer’s Obligations:

  • Maintain accurate banking and contact information for fulfilling payment and communication obligations.
  • Notify Aimer of any material changes in their business operations, including changes in address, the nature of products or services provided, or banking arrangements.
  • Ensure that all hardware, software, and point-of-sale terminals are used solely as permitted by this Agreement and in compliance with Aimer’s usage guidelines.

 

  1. Support, Documentation, and Limitations
  • Support Options: Support is available via email (support@aimerhq.com), phone (0800 278 6348), and web chat for premium subscribers (WeChat). Standard support hours are from 09:00 am to 5:00 pm Monday through Friday, with limited weekend support available upon request. Limited afterhours support is available for premium subscribers or at Aimers discretion.
  • Documentation Access: Documentation and knowledge resources for the Service and Software are available here online at Aimer’s support centre, providing essential information for proper use and troubleshooting.
  • Limitations: Aimer’s support and service coverage do not extend to issues caused by unauthorized software or programs loaded onto the hardware, physical damage due to negligence or misuse by the Customer or its employees, or failures in third-party infrastructure. The Customer must notify Aimer of any changes to licensing, infrastructure, or hardware that could affect the performance or reliability of the Service.
    • Note: EFTPOS and internet-related issues are classified as third-party services, and Aimer cannot accept responsibility for any service interruptions or losses caused by issues with these services. While we reserve the right to decline assistance in such cases, we are committed to doing our best to provide support wherever possible.
  • Customer Feedback and Complaints: Aimer is committed to addressing customer feedback and complaints seriously. Customers can communicate issues directly to Aimer at support@aimerhq.com, and Aimer will ensure all queries are handled appropriately.

 

  1. Scope of Agreement
  • This Agreement grants the Customer a non-transferable and non-exclusive right to use the Services at the designated sites specified in the Service Agreement. Any modification, enhancement, or substitution to the Service remains subject to the terms and conditions of this Agreement and is limited to the Customer’s direct business operations.

 

  1. Product Returns and Warranties
  • Customers may return products within 7 days of making a claim, provided the products are returned in their original, undamaged packaging, including all accessories, manuals, and materials.
    • The customer is responsible for all shipping costs and risks associated with return shipping.
    • Returned products will undergo inspection upon receipt. Aimer reserves the right to charge a restocking fee and deduct shipping costs from any applicable refunds. If no fault is found after testing the returned product, the customer will be liable for any testing and processing fees.
  • Aimer’s warranty for product defects is limited to repair, replacement, or refund, depending on the condition and nature of the defect.
    • The standard warranty period is 12 months, unless explicitly stated otherwise in your contract.
  • For issues beyond Aimer’s warranty, customers must direct claims to the manufacturer. Aimer will assist in facilitating communication where possible.
  • This clause applies to open-term contracts. For financed purchases, returns are limited to repair or replacement. All other warranty terms remain in effect.

 

  1. License Limitations
  • The Customer may use the hardware and software solely in accordance with Aimer’s operating procedures as specified in the documentation provided. Unauthorized reproduction, modification, publication, or disclosure of the software or related documentation constitutes a violation of this Agreement and may result in legal action.
  • Reverse engineering, disassembly, or decompilation of the software is strictly prohibited. Any attempt to allow or enable a third party to engage in such activities will result in immediate termination of this Agreement.

 

  1. Delivery and Installation
  • Aimer will deliver the hardware and services as specified in the Service Agreement, endeavouring to meet the scheduled Delivery Date during the Customer’s regular business hours.
  • The Customer is responsible for hardware installation. If the Customer requires additional assistance, Aimer may provide installation support for an additional fee, agreed upon in advance.

 

  1. Transfer of Risk
  • Risk of loss, damage, or theft of the hardware, software, and associated Services passes to the Customer upon activation or first use.
  • Aimer bears no liability for risks associated with the hardware or software once it is operational at the Customer’s site.

 

  1. Confidentiality
  • The Customer agrees to treat as confidential any and all information relating to Aimer, the Service, the Software, and Aimer’s customers. Confidential information may only be disclosed to authorized employees or agents to the extent necessary for the operation and use of the Service. This confidentiality obligation shall survive the termination of this Agreement.

 

  1. Warranties and Liability Limitations

Warranties:

  • Aimer warrants that it has the full right to provide the Software and Services to the Customer in accordance with this Agreement and that the Software and Services will be installed as per agreed specifications.
  • However, Aimer does not warrant that the Software will be error-free, uninterrupted, or that it will meet all specific requirements of the Customer beyond standard specifications.

Limitations of Liability:

  • Aimer’s liability to the Customer for any claims, losses, or damages is strictly limited to the value of the Licence Fee or, at Aimer’s discretion, the replacement of the software.
  • Aimer is not liable for any indirect, incidental, or consequential damages, including, but not limited to, lost profits or data loss.

 

  1. Notices and Dispute Resolution
  • Notices: All notices under this Agreement must be delivered by email to the designated contact information of each party.
  • Dispute Resolution: In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith negotiation. If the dispute remains unresolved, it shall be submitted to arbitration in accordance with the Arbitration Act 1996.

 

  1. Supplier’s Rights and Remedies
  • Aimer reserves all rights and remedies available under law and under this Agreement. Upon termination for cause, Aimer may retain all fees paid, repossess any software or hardware, and seek any damages or relief permitted by law.

 

  1. Assignment and Subcontracting
  • The Customer may not assign, sublicense, or transfer this Agreement or any rights granted herein without the prior written consent of Aimer.
  • Aimer may subcontract its obligations under this Agreement without the Customer's consent.

 

  1. Waiver and Entire Agreement
  • Waiver: No right under this Agreement shall be deemed waived unless explicitly stated in writing and signed by both parties. Any delay or failure by Aimer to enforce rights under this Agreement does not constitute a waiver.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties. Any prior arrangements, representations, or understandings, whether written or oral, are superseded by this Agreement.

 

  1. Force Majeure
  • Aimer is not liable for any delay or failure in performance due to causes beyond its reasonable control, including, but not limited to, natural disasters, strikes, power outages, government actions, or telecommunications failures. This clause does not apply to payment obligations.

 

  1. Beta Services
  • From time to time, Aimer may offer beta services for testing purposes. Beta services are provided "as is" without warranties of any kind.
  • The Customer acknowledges that beta services may be subject to limited functionality, intermittent interruptions, and unexpected changes.
  • Aimer does not accept liability under the beta testing program, which is offered on an "as is, where is" basis.
  • Aimer reserves the right to offer compensation for services lost during the beta testing.

 

  1. Customer’s Data Responsibilities
  • The Customer is responsible for the accuracy and legality of the data provided and stored in conjunction with the Services.
  • Aimer will process and store data in accordance with its privacy policy but cannot be held liable for data loss due to the Customer's actions or negligence.

 

  1. Changes to Terms and Pricing
  • Aimer reserves the right to change pricing, terms, and services. Customers will be provided with reasonable notice of such changes where practicable. If the Customer does not agree with the changes, they may terminate the agreement in accordance with our cancellation policy.
    • Such changes will take effect at the beginning of the next Renewal Term unless otherwise agreed.

 

  1. Governing Law
  • This Agreement is governed by the laws of New Zealand.
  • The parties submit to the exclusive jurisdiction of the courts of New Zealand to resolve any disputes arising from this Agreement.

 

  1. Severability
  • If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be in full force and effect.

 

  1. Data Protection and Privacy

 

  1. Indemnity
  • The Customer agrees to indemnify, defend, and hold harmless Aimer, its affiliates, and their respective officers, directors, and employees from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorney fees, arising out of or in connection with the Customer's misuse of the Services or any breach of this Agreement.

 

  1. Customer Responsibilities
  • The Customer shall use the Services and Software in accordance with all applicable laws and regulations.
  • The Customer shall not use the Services for illegal activities or in a manner that infringes on the rights of others.

 

  1. Review and Update Frequency
  • The Terms and Conditions will be reviewed periodically to ensure relevance and compliance with legal standards.

 

  1. Definitions
    The following key terms shall have the meanings ascribed to them:
  • Aimer: Advanced Intelligence Software Ltd, a company that provides various hardware, setup, and support services associated with its software, referred to as "Aimer," "We," "Our," or "the Supplier" throughout this Agreement.
  • Customer: The individual or entity that purchases or uses the Services.
  • Service: The hardware, setup, and support services provided by Aimer.
  • Software: The software provided by Aimer for use with the Services, including any updates, enhancements, or modifications.
  • Charges: All fees and costs associated with the Services, including subscription fees, installation fees, and any additional costs incurred.
  • Confidential Information: Any non-public information disclosed by either party in connection with this Agreement, including but not limited to business plans, customer lists, financial information, and proprietary technology.
  • Agreement: The binding contract between Aimer and the Customer, encompassing these Terms and Conditions and any other documents referenced herein.
  • Initial Term: The initial period during which the Agreement is effective, as specified in the Service Agreement.
  • Renewal Term: Any subsequent period following the Initial Term during which the Agreement continues, automatically renewed unless terminated.
  • Force Majeure: Events beyond the reasonable control of either party that may prevent or delay the performance of obligations under this Agreement, including but not limited to natural disasters, strikes, pandemics, and governmental actions.
  • Documentation: Any manuals, guides, or other instructional materials provided by Aimer to assist the Customer in using the Services and Software.
  • Third-Party Services: Any services provided by external vendors that are utilized by Aimer in the provision of the Services.

 

Acknowledgment
By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.

Contact Us
If you have any questions about these Terms and Conditions, please contact us:

  • Email: accounts@aimerhq.com
  • Phone: +64 09 929 4805 or 0800 278 6348 option 2
  • Address: BDO Building Level 5/19-21 Como Street, Takapuna, Auckland 0622, New Zealand

Latest Revision:
These Terms and Conditions were last updated on 05/11/2024.