Merchant Terms

Please read these Terms carefully before registering to use the Doshii Services. These Terms apply to you and by clicking ‘I accept’, accessing, using or continuing to use the Doshii Services, you accept and agree to be bound by these Terms.

This is a legal agreement between you (whether as an individual or an entity) (Merchant) and Doshii Connect Pty Ltd (Doshii), a venue management platform that streamlines connections between software applications and point of sale systems. If you do not agree to these Terms, promptly stop using the Doshii Services and delete any accompanying items in their entirety.

1. Access to Doshii Services and Licence

Doshii grants you a revocable, non-exclusive, non-transferable, licence to use the Doshii Services in accordance with these Terms. If you make any purchase or subscription for paid services from the Doshii Dashboard (or similar Doshii marketplace), your right to access and use of that service is subject to compliance with these Terms and payment of the relevant fees (if any).

2. Authority

You warrant that you have all right, title and authority to enter into these Terms (whether as Merchant or Agent). If you do not have such authority, you must not use the Doshii Service. References in these Terms to “you” includes your Agents.

3. Merchant responsibilities and restrictions

You acknowledge and agree that you:

4. Data and confidentiality

5. Intellectual Property Rights

6. Third Party Services & Software Applications and Support

7. Disclaimer of warranties

8. Limitation of liability

9. Term

These Terms are effective until terminated by either party.

10. Cancellation and Termination

11. Indemnity

You will indemnify Doshii for any third party claim brought against Doshii arising from or related to:

12. General

13. Definitions and interpretation

Account means all Doshii accounts created by or on behalf of you in connection with your access to, and use of, the Doshii Service.

Agent means an individual who uses the Doshii Service through your Account as an agent and/or administrator and as identified through a unique login.

Ancillary IP means all intellectual property arising from, or connected with, the Doshii Service including the Doshii API, the Doshii Dashboard, sample code, tool, utilities and any application(s) or program(s) that Doshii may in future create which Doshii makes available as part of, or in connection with, the Doshii Service.

App means a software application through which third-party products or services are provided to users.

API means the application programming interface developed and enabled by Doshii that permits certain functionality provided by the Doshii Service, including without limitation, enabling the interaction between Doshii, you and other Doshii subscribers, and the integration of a Doshii environment with other software applications.

Business Day means a day which is not a Saturday, Sunday or a public holiday in Melbourne, Australia.

Confidential means all information disclosed by you to Doshii or by Doshii to you which is labelled “confidential” or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For the purposes of these Terms, Personal Information shall be deemed Confidential Information.

De-identified means that the data or information does not contain Personal Information.

Doshii means Doshii Connect Pty Ltd (ACN 645 980 203) of Upper Ground, The Foundry, 1 Locomotive Street, Eveleigh NSW 2015 Australia and any of its successors or assignees.

Doshii-Certified means, in respect of a provider of Apps and POS, that the relevant provider meets the requirements for integration and operation with Doshii.

Doshii Dashboard means the website and/or mobile application, to view your account and services with Doshii, browse and connect to Apps and have visibility over certain Platform Data and may include the online marketplace through which additional services may be purchased or subscribed.

Doshii Service means the solutions and tools provided by Doshii to facilitate connectivity with (and in some instances between) Apps and POS utilising the Ancillary IP.

Malicious Software means:

Marks has the meaning given to that term in clause 5.

Merchant means a business, whether a corporation, natural person or other entity, which utilises the Doshii Services in the course of the provision of retail or hospitality goods and services to end customers from a venue or venues, which may (but will not necessarily) also utilise the services of Doshii-Certified Apps and POS.

Platform Data means all electronic data, text, messages or other materials submitted to the Doshii Service by or on behalf of you, including your POS and Apps.

Personal Information means personal information as defined in the Privacy Act 1988 (Cth).

POS means a point of sale software system.

Privacy Laws means the Privacy Act 1988 (Cth) and all other relevant laws, regulations, code of practice or other legally enforceable instrument which relate to the privacy and protection of Personal Information.

Subscription means your subscription to the Service as set out in these Terms.