Hospitality Profit Solutions
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HPS : Terms & Conditions of Use

Terms and Conditions of Use

This website, including any sub-site accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of Capsicum Corporation. Please note that when you enter any sub-site accessible through this homepage or the shopping page, such sub-site may have its own terms and conditions of use which are specific to such sub-site. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site.

Your Right to Use the Site and Its Contents

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Capsicum Corporation grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Ownership

All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Capsicum Corporation is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the sub-site you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.

Responsibility for User's Material

You are prohibited from posting or transmitting any defamatory, libellous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Although Capsicum Corporation may from time to time monitor or review bulletin boards, chartrooms, discussions, postings, transmissions, and the like on the Site, Capsicum Corporation is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Capsicum Corporation may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Capsicum Corporation's policies in any way. Capsicum Corporation will fully cooperate with any law enforcement authorities or court order requesting or directing Capsicum Corporation to disclose the identity of anyone posting such materials.

Capsicum Corporation's Rights to User's Material

If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Capsicum Corporation uses such material.

Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Capsicum Corporation anywhere in the world, in any medium, forever. Furthermore, Capsicum Corporation is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Capsicum Corporation is not obligated to use any such ideas or materials, and you have no rights to compel such use.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Capsicum Corporation does not cause Capsicum Corporation to have any special responsibility to you.

Links

This website may contain links to other Internet sites on the World Wide Web. Capsicum Corporation provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Capsicum Corporation approves of, endorses, or recommends that website. Capsicum Corporation disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Capsicum Corporation's Right to Change These Terms and Conditions of Use or Content on the Site.

Capsicum Corporation may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Capsicum Corporation may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification

You agree to indemnify, defend, and hold Capsicum Corporation and all of its agents, directors, employees, information providers, licensor's and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Capsicum Corporation's defence of any claim. Capsicum Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Capsicum Corporation.

Disclaimer of Warranties and Damages; Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, CAPSICUMCORP CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CAPSICUM CORPORATION'S NEGLIGENCE, SHALL CAPSICUM CORPATION BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF CAPSICUM CORPORATION OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CAPSICUM CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.

General Provisions

These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Capsicum Corporation and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without reference to its conflicts of law rules.


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Refund Policy

Refunds will be provided on HPS restaurant purchases where the software fails to work on the purchasers hardware or where the software fails to meet it's stated goals.

Refunds will be processed on HPS restaurant up to 14 from product activation.

The software should be returned to PO Box 442 Hervey Bay 4655 via post. The cost of returning the software is to be met by the purchaser, the delivery charges are not refundable.

When returning the software please include a copy of the receipt, and all disks and manuals provided with purchase.

The refund process should take no longer than 5 working days, we simply ask that you assist us by completing a question-ere as to why the product was not satisfactory and had to be returned.

We will inform you via email when the refund has been successful.


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Delivery Information

Orders can be accepted from anywhere in the world. All payments are in Australian dollars only.

Orders can be filled immediately once payment is received, via an email or download. Customers may also choose to receive a hard copy CD and manual. The hard copy will be shipped maximum 2 working days from receipt of payment. We use Australian post for shipping and expect all Australian orders to arrive to the customer within 10 working days.

The hard copy ships in a small envelope size so the nobody needs to be home to collect the package.

There are no special costs involved with shipping, however if the customer is happy with only the electronic distribution and doesn't require to be sent a hard copy Capsicum Corporation will donate $10 to www.planetark.org on behalf of our customer who didn't require the hard copy.


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Privacy Policy

At Capsicum Corporation we believe that, as our online visitor, you have a right to know our practices regarding the information we collect when you visit our websites, and what type of information is collected. The guidelines contained herein only apply to your visits to www.restaurantsolutions.com.au the website operated by Capsicum Corporation.

Other websites which are linked to/from these websites (including other Capsicum Corporation affiliates, other Capsicum Corporation websites, and via banner ads) may have different policies; therefore, please review the privacy policy notices on those websites for details.

Collection of Information: Cookies; Personal

Cookies are pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. Most major web sites use cookies, some to track traffic patterns within a site, some to target advertising across a network of sites, and some use them merely because "they can." We currently use cookies for two purposes only:

  • Online ordering. Credit card validation is performed by our bank provider and requires the use of cookies.
  • Session tracking. Some of the services and functions on this website require that you are logged in. In order to identify your user session some form of session tracking is required. Cookies can be used for session tracking and is used since online ordering already requires them.
  • Both uses of cookies are for your convenience, not our own. We find that anonymous aggregate traffic data gives us more than enough information to make decisions about site priorities.

    Policy Governs Use; Changes to Privacy Policy

    The terms of this policy will govern the use and any information collected while it is in place. Capsicum Corporation reserves the right to change this policy at any time, so please re-visit this page as often as you wish. Changes to this privacy policy are effective at the time they are posted to this Site.

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