POS Terms and Conditions

1. Introduction, Acceptance, Definitions and Modifications

These Terms of Use (the “TOU”) apply to the website at https://howtopay.com and its subdomains, and to the Services described below. By visiting or using the Website, or by creating an account, you agree to be bound by these TOU.

The Website and Services are provided by Confidia Pty Ltd trading as HowToPay (“Confidia”, “we”, “us”, “our”), a company registered in Australia (ACN 641 060 782, ABN 65 641 060 782).

The Services. The “Services” mean the HowToPay POS software — a cloud point-of-sale system that helps businesses record and manage sales, issue receipts and tax calculations, track inventory, manage staff and roles, and view reports and analytics — together with the related documentation, dashboards and support described on the Website.

The Services are software. Except where Confidia separately agrees to sell a product or service to a consumer under its Merchant of Record operating model, Confidia does not: act as a payment service provider, payment processor, gateway or intermediary; receive, hold, settle, remit or pay out money on behalf of any business, merchant, recipient or beneficiary; or provide banking, AFSL-regulated, remittance or money-transfer services.

Legal entities and authority. The Services may be used only by legally constituted entities (including corporations, partnerships and legal organisations) (“Legal Entities”), and by individuals authorised to bind a Legal Entity. If you use the Services on behalf of a Legal Entity, you represent and warrant that you have authority to accept these TOU on its behalf.

Ownership. The Website is owned and operated by Confidia Pty Ltd trading as HowToPay, Unit B1, 13–21 Mandible St, Alexandria NSW 2015, Australia.

Modifications. Confidia may modify these TOU at any time. Changes are reflected at this URL. Your continued use of the Services after changes are posted constitutes acceptance. Material changes that affect your legal relationship with Confidia will be notified to the primary email on your account or by a prominent notice at login.

Questions about these TOU: Compliance Department — [email protected]

2. Accounts and Authorised Users

To use the Services you must create an account. Accounts are free. You provide a valid email address, your full name, your company name, your company website and your phone number.

You must choose a strong password and keep your credentials secure. You are responsible for all activity under your account.

You may add additional team members (“Authorised Users”) from your Legal Entity. You are responsible for the acts and omissions of your Authorised Users.

Confidia may terminate your account or any Authorised User account at its sole discretion, at any time, for any reason consistent with these TOU (including any violation of these TOU).

3. Plans, Billing, Renewal and Cancellation

The Services are offered under the plans and prices shown on the Website (currently Basic, Pro and Enterprise). Prices are listed in Australian Dollars unless otherwise stated and are exclusive of applicable taxes.

Subscription fees are payable in advance for the relevant billing period and renew automatically under the plan’s renewal rules unless you cancel in accordance with these TOU. Fees do not include taxes; you are responsible for any applicable taxes.

Confidia may adjust fees with notice in accordance with the renewal rules on the Website.

You may cancel your subscription in accordance with the cancellation rules on the Website. Cancellation takes effect at the end of the current billing period.

Confidia may suspend or terminate access immediately for non-payment, fraud, unlawful content, violation of these TOU, or where required by law or a supplier.

4. Permitted Use and Acceptable Use

You may use the Services to manage your business operations (sales records, receipts, inventory, staff, reports and analytics).

You agree not to: use the Services to violate any law or intellectual-property right; propagate spam, malware, viruses or harmful code; interfere with the proper functioning of the Services or bypass any security measure; crawl, scrape or harvest content unreasonably; or use the Services for any unlawful, “high-risk” or otherwise prohibited product or activity.

You are responsible for the lawfulness of the products and services you offer and sell through your use of the Services in your jurisdiction and the jurisdictions of your customers.

5. Payment Methods Used Through the Services

Where the Services let you record payments received from your customers, your customers may pay through payment methods that you enable as part of your use of the Services. Those payment methods are provided by third-party payment providers, acquirers or payment rails, and are governed by the agreements you (or Confidia, where Confidia is the contracting party) have with those providers.

Confidia is not a party to, and is not responsible for, the terms of any third-party payment provider you engage directly, unless Confidia is separately the provider’s contracting customer for the Merchant of Record model.

Direct Partner sales. Where a payment is made by cash or through a method outside Confidia’s control (a “Direct Partner Sale”), the business making that sale is the seller of the goods or services and is responsible for the receipt, taxes, consumer contract, refunds and seller obligations in respect of that sale. HowToPay POS may record that sale for the business’s records, but recording it does not make Confidia the seller.

Confidia MoR sales. Where Confidia separately sells a product or service to a consumer under its Merchant of Record operating model, that sale is governed by the Consumer Terms of Sale and, where relevant, the Supply Partner Agreement, which define the parties’ roles in an MoR transaction.

6. Intellectual Property

The Services, including their computer code, layout, design and documentation, are proprietary to Confidia (owned or licensed) and are protected by intellectual-property law. You may not copy, imitate, reproduce, distribute, decompile or create derivative works from the Services except as permitted by these TOU or the Website functionality.

We grant you a non-exclusive, worldwide, personal, non-transferable, non-sublicensable, non-assignable, royalty-free licence to use the Services for the purposes of these TOU.

If you provide feedback or suggestions to Confidia, you assign all rights in that feedback to Confidia and waive moral rights to the extent permitted by law.

7. API

If you use the Confidia API, you obtain a non-exclusive, worldwide, personal or business-use licence as contemplated in the API documentation. You do not obtain ownership of the API.

You are responsible for your use of the API and must comply with the API documentation and applicable law. Any integrations must not interfere with the Services or third-party systems.

8. External Links

Links from the Website may take you to third-party sites. You use them at your own risk. Confidia is not responsible for their content, products, services or privacy practices.

9. Availability, Support and Data

We will use reasonable efforts to keep the Services available, but do not guarantee uninterrupted or error-free operation. The Services may be unavailable for maintenance or modification.

Support is provided through the channels described on the Website, in accordance with your plan.

Your use of the Services and the personal information processed in connection with them is governed by the Confidia Privacy Policy. You are responsible for complying with applicable privacy and data-protection law in your use of the Services and any personal information you process.

10. Confidential Information

Each party will keep the other’s confidential information confidential and use it only to perform its obligations under these TOU, except where disclosure is required by law or the information is already public, independently developed or lawfully received from a third party.

11. Suspension and Termination

You may cancel your account at any time, effective at the end of the current billing period.

Confidia may terminate or suspend access immediately for breach of these TOU, non-payment, fraud, unlawful activity, insolvency of the account holder, or where required by law or regulation.

On termination, your right to use the Services ceases. Provisions which by their nature survive termination (including intellectual property, indemnities, limitation of liability, confidentiality and governing law) survive.

12. Disclaimer of Warranties

The Services and Website (including third-party materials) are provided “as is” and “as available”, to the maximum extent permitted by law. To the extent permitted by law, Confidia disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these TOU limits any right or remedy that cannot be excluded under applicable law.

13. Limitation of Liability

To the maximum extent permitted by law, Confidia, its affiliates and their respective representatives will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or other intangible losses, arising out of or relating to your use of the Services.

To the extent permitted by law, Confidia’s aggregate liability for all claims relating to the Services will not exceed the lesser of (a) AUD 100 or (b) the total fees you paid to Confidia in the six calendar months preceding the claim.

Nothing in these TOU limits or excludes liability that cannot be limited or excluded at law, including under the Australian Consumer Law where it applies.

14. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Confidia and its representatives from claims, damages and costs arising from (a) your use of the Services, (b) your violation of these TOU, or (c) your violation of any law or third-party right.

15. Data Protection and Privacy

Confidia processes personal data as described in the Privacy Policy. You remain responsible for the personal data you process through the Services and must: process it in accordance with applicable law; implement appropriate technical and organisational safeguards; cooperate with Confidia in responding to data-subject requests and security incidents; and not transfer personal data in violation of applicable law. Where international payment transactions require the transfer of personal data, you remain responsible for the applicable consents and legal bases.

16. Governing Law and Jurisdiction

These TOU are governed by the laws of New South Wales, Australia, excluding conflict-of-laws rules. You consent to the non-exclusive jurisdiction of the courts of New South Wales and, where you are a business, to the exclusive jurisdiction of those courts, in each case subject to any mandatory rights you have under applicable law.

17. Miscellaneous

These TOU, together with the Privacy Policy, constitute the entire agreement about your use of the Services, superseding prior agreements. Confidia is not liable for failure to perform where caused by matters beyond its reasonable control. If any provision is invalid or unenforceable, the remainder remains in full force and effect. Failure to enforce a provision does not waive it. You may not assign these TOU without Confidia’s prior written consent. Section titles are for convenience only and have no contractual effect.

© Confidia Pty Ltd trading as HowToPay.

Last revised: 27 August 2026