Terms of Use

Terms of Use

Last updated: 16 July 2026

Thank you for choosing Hike.

These Terms of Use form a legally binding agreement between Hike POS Pty Ltd (ABN 44 168 261 274), referred to as “Hike”, “we”, “us” or “our”, and the business, organisation or individual using the Services, referred to as the “Customer”, “Account Owner”, “you” or “your”.

These Terms govern your access to and use of Hike’s websites, point-of-sale software, web applications, mobile and downloadable applications, APIs, developer tools, hardware, support services and related products and services collectively referred to as the “Services”.

By creating a Hike account, clicking to accept these Terms, signing an order form or quotation, paying an invoice, or accessing or using the Services, you agree to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

The Services are intended primarily for business and commercial use. They are not intended for personal, domestic or household use.

1. Documents That Form This Agreement

Your agreement with Hike may include:

1. these Terms of Use;
2. an order form, quotation, invoice, subscription confirmation or other written agreement between you and Hike;
3. Hike’s Privacy Policy;
4. Hike’s Data Processing Addendum, where applicable;
5. any product-specific terms, acceptable use policies, hardware terms, service descriptions or policies referred to in these Terms; and
6. any additional terms presented when you activate or use a particular feature or Service.

Together, these documents form the “Agreement”.

If there is an inconsistency between these documents, the following order of priority applies unless expressly stated otherwise:

1. an individually signed agreement or Order Form;
2. product-specific terms;
3. the Data Processing Addendum for matters relating to the processing of Customer Personal Data;
4. these Terms; and
5. other policies incorporated into the Agreement.

HikePay is a separate payment service operated by NadaPay Pty Ltd. Your use of HikePay is also governed by the HikePay Terms and Conditions and HikePay Privacy Policy. If there is any conflict concerning HikePay, the HikePay-specific terms will take precedence.

2. Definitions

In these Terms:

Account means the account created to access the Services.

Account Owner means the person or organisation responsible for the Account and payment of applicable Fees.

Authorised User means an employee, contractor, adviser or other person authorised by the Account Owner to use the Services.

Customer Content means information, data, images, files, materials or content submitted to, generated through, stored in or transmitted using the Services by the Customer or its Authorised Users.

Customer Personal Data means personal information or personal data contained in Customer Content that Hike processes on the Customer’s behalf.

Documentation means user guides, support articles, technical documentation and other materials Hike makes available in relation to the Services.

Fees means the fees and charges payable for the Services.

Order Form means an order form, quotation, proposal, invoice, subscription confirmation or other document identifying the Services purchased by the Customer.

Subscription Term means the period for which the Customer has subscribed to the Services.

Third-Party Service means any third-party product, platform, application, payment provider, integration, website, hardware or service connected to or used with the Services.

3. Eligibility and Authority

To create or use an Account:

1. you must be at least 18 years old and legally capable of entering into a contract;
2. you must provide accurate, complete and current information;
3. you must have the authority to enter into the Agreement; and
4. you must use the Services only for lawful business purposes.

If you create or use an Account on behalf of a business or organisation, you represent that you have authority to bind that business or organisation. The business or organisation will be the Account Owner and will be responsible for compliance with the Agreement.

Hike may request information reasonably required to verify your identity, business or authority to use the Services. Hike may reject an application or restrict access where verification cannot be completed or where providing the Services may create legal, security, credit or operational risks.

4. Account Ownership and Authorised Users

The Account Owner controls the Account and determines:

1. who may access the Account;
2. the permissions and access levels assigned to each Authorised User;
3. which stores, outlets, registers and features each Authorised User may access; and
4. when an Authorised User’s access should be changed or removed.

The Account Owner is responsible for:

1. all activity conducted through the Account;
2. its Authorised Users’ compliance with the Agreement;
3. maintaining accurate account and contact information;
4. promptly removing access for individuals who are no longer authorised; and
5. resolving disputes between its Authorised Users concerning Account access.

If there is a dispute between the Account Owner and an Authorised User, Hike may follow the instructions of the Account Owner or the person Hike reasonably believes has authority to control the Account.

5. Account Security

You must:

1. keep passwords, login details, API credentials and authentication methods secure;
2. use appropriate access controls and user permissions;
3. not share login credentials between individuals unless expressly permitted;
4. protect devices used to access the Services;
5. install security and software updates within a reasonable period; and
6. notify Hike promptly if you suspect unauthorised access, credential theft, fraud or a security incident.

You are responsible for activity carried out using your Account credentials unless the activity resulted directly from Hike’s failure to comply with its obligations under applicable law.

Hike may require password resets, multi-factor authentication or other security measures where reasonably necessary to protect the Services, the Customer or other users.

6. Access to the Services

Subject to payment of applicable Fees and compliance with the Agreement, Hike grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services during the Subscription Term for your internal business operations.

You may allow Authorised Users to access the Services on your behalf, but you may not:

1. resell, lease, license or provide the Services to another business unless authorised by Hike;
2. operate the Services as a service bureau or hosted service for third parties;
3. transfer your Account to another person or organisation without Hike’s approval; or
4. provide access to anyone who is not an Authorised User.

No ownership rights in the Services are transferred to you.

7. Your Responsibilities as a Merchant

You remain solely responsible for your business and your relationship with your customers.

Unless expressly agreed otherwise, Hike is not:

1. the seller or supplier of your products or services;
2. the merchant of record for your transactions;
3. a party to transactions between you and your customers;
4. responsible for the quality, safety, legality or delivery of your products or services;
5. responsible for your refunds, returns, warranties or customer complaints; or
6. your legal, accounting, employment, taxation or regulatory adviser.

You are responsible for:

1. setting prices, taxes, discounts, surcharges and refund policies;
2. issuing legally compliant receipts, invoices and tax documents;
3. complying with consumer protection, employment, taxation, fiscal, privacy and electronic marketing laws;
4. maintaining any registrations, licences and approvals required for your business;
5. ensuring the products and services you sell are lawful;
6. reviewing reports, tax calculations, inventory information and other outputs produced through the Services; and
7. maintaining appropriate business continuity and backup processes.

Hike may provide tools that assist with tax, fiscal, inventory, reporting or compliance processes. These tools do not guarantee that your business complies with all laws applicable to it.

8. Acceptable Use

You and your Authorised Users must not use the Services to:

1. break any applicable law, regulation, court order or industry requirement;
2. conduct fraudulent, deceptive, abusive or illegal activity;
3. infringe another person’s intellectual property, privacy or other rights;
4. upload or distribute malware, viruses, malicious code or harmful content;
5. interfere with, damage, overload or disrupt the Services or another user’s access;
6. attempt to gain unauthorised access to the Services, systems, Accounts or data;
7. circumvent security controls, usage limits, access restrictions or authentication requirements;
8. reverse engineer, decompile, disassemble or attempt to discover the source code or underlying structure of the Services, except where this restriction is prohibited by law;
9. copy or use the Services to create or train a competing product without Hike’s written permission;
10. scrape, crawl or automatically extract data other than through an authorised API;
11. remove copyright, trademark or proprietary notices;
12. store full payment card numbers, security codes or other payment credentials unless expressly supported by an approved payment service;
13. send unsolicited marketing or communications in breach of applicable anti-spam laws;
14. submit information you do not have the right to collect, use or disclose;
15. impersonate another person or misrepresent your identity or authority;
16. publish or transmit unlawful, defamatory, discriminatory, threatening or harmful content; or
17. use the Services in a way that may expose Hike, its providers or other users to legal, financial, security or reputational risk.

Hike may investigate suspected misuse and may remove content, restrict functionality or suspend access where reasonably necessary.

9. Fair Use and Technical Limits

Some Services may be described as “unlimited”. Unlimited use remains subject to reasonable technical, security and fair-use limits.

Your Subscription may include limits relating to:

1. outlets, stores, registers and devices;
2. users and permissions;
3. products, customers, suppliers and transactions;
4. storage and backup capacity;
5. API calls and integration activity;
6. bandwidth and processing usage;
7. communications, messages or automated tasks; and
8. other resources identified in your plan or Documentation.

Hike may monitor usage to protect the security, integrity and performance of the Services.

If your use materially exceeds reasonable levels or affects other users, Hike may:

1. contact you to discuss the usage;
2. require you to reduce the usage;
3. recommend or require a different plan;
4. apply reasonable additional charges with notice;
5. throttle or restrict affected functionality; or
6. suspend the relevant activity where urgent action is required.

10. Customer Content and Ownership

As between you and Hike, you retain ownership of Customer Content.

You grant Hike and its service providers a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, display, modify and otherwise use Customer Content only as reasonably necessary to:

1. provide and operate the Services;
2. complete your instructions;
3. provide support;
4. maintain security and prevent fraud;
5. troubleshoot and improve the Services;
6. comply with applicable law; and
7. create aggregated or de-identified information.

Hike may use aggregated or de-identified information for analytics, benchmarking, research, product development and improving its services, provided that the information does not reasonably identify you or an individual.

You represent that:

1. you have all rights and permissions necessary to submit and process Customer Content;
2. Customer Content does not violate any law or third-party right;
3. you have provided all privacy notices and obtained all consents required by law; and
4. your instructions to Hike are lawful.

Hike does not control the content you choose to collect or enter into the Services and is not responsible for the accuracy, quality or legality of Customer Content.

11. Privacy and Data Protection

Hike handles personal information in accordance with its Privacy Policy.

When Hike processes Customer Personal Data on your behalf:

1. you generally act as the controller, business or responsible organisation;
2. Hike generally acts as your processor or service provider;
3. you determine what Customer Personal Data is collected and why it is processed;
4. you are responsible for providing privacy notices and responding to your customers’ requests; and
5. Hike will process Customer Personal Data in accordance with the Agreement, the Data Processing Addendum and your lawful instructions.

Hike may separately act as a controller or responsible organisation for account registration information, billing records, support information, service usage information, security data and other information Hike collects for its own legitimate business and legal purposes.

You must not instruct Hike to process personal information in a way that violates applicable privacy or data protection laws.

12. Backups and Data Accuracy

Hike uses reasonable measures to back up data stored within the Services. However, no backup system is guaranteed to prevent every loss, delay or corruption of data.

You are responsible for:

1. reviewing Customer Content and reports for accuracy;
2. correcting errors promptly;
3. maintaining independent exports or backups where appropriate;
4. testing integrations and configurations before relying on them; and
5. retaining documents required for taxation, accounting, employment or regulatory purposes.

Hike is not responsible for losses caused by incorrect data entered by you, unauthorised activity conducted through your Account, incompatible Third-Party Services or your failure to maintain reasonable backup and security practices.

13. Third-Party Services and Integrations

The Services may connect with Third-Party Services, including accounting platforms, ecommerce systems, payment providers, delivery services, marketplaces, hardware, loyalty platforms and other applications.

When you activate an integration, you authorise Hike to exchange information with the relevant third party as required to provide the integration.

Third-Party Services are provided under the third party’s own terms and privacy policies. Unless expressly stated otherwise:

1. Hike does not control Third-Party Services;
2. Hike is not responsible for their availability, security, accuracy or performance;
3. Hike is not responsible for changes made by a third party;
4. your relationship with the third party is separate from your relationship with Hike; and
5. Hike is not liable for loss caused by a Third-Party Service.

Hike may change, suspend or discontinue an integration where the third party changes its systems, terms, APIs or commercial arrangement, or where continued provision creates legal, security or operational risk.

14. Payment Services

Hike POS may connect with independent payment providers.

Unless you use HikePay or another payment service expressly provided by a Hike group company, Hike does not process or settle your customer payments. Your payment provider’s terms apply to its payment services.

You are responsible for:

1. selecting and maintaining your payment provider;
2. complying with card scheme and payment provider rules;
3. refunds, disputes and chargebacks;
4. payment security requirements applicable to you;
5. lawful surcharging; and
6. reconciling settlements and transaction reports.

HikePay is operated by NadaPay Pty Ltd and is governed by separate HikePay Terms and Conditions and a separate HikePay Privacy Policy.

15. Fees, Billing and Taxes

You must pay the Fees shown on the Hike website, in your Account or in the applicable Order Form.

Unless expressly stated otherwise:

1. Fees are charged in advance;
2. subscriptions renew automatically;
3. Fees are non-refundable except where required by law or expressly stated in the Agreement;
4. you are responsible for applicable taxes, duties and government charges;
5. Fees may exclude GST, VAT, sales tax or similar taxes;
6. Fees are payable in the currency displayed at purchase or stated in your Order Form; and
7. you authorise Hike and its billing provider to charge your selected payment method.

You must maintain a valid payment method and accurate billing information.

If your payment fails or becomes overdue, Hike may:

1. retry the payment method;
2. request an alternative payment method;
3. suspend or limit the Services;
4. charge reasonable collection costs;
5. charge interest at the lesser of 1.5% per month or the maximum amount permitted by law; or
6. terminate the Account following reasonable notice.

You remain responsible for Fees accrued before suspension or termination.

16. Changes to Fees

Hike may change subscription Fees by providing at least 30 days’ notice.

Unless a shorter period is required by law or a third-party pass-through charge, the changed Fees will apply from your next renewal occurring after the notice period.

If you do not accept a Fee change, you may cancel the affected Subscription before the new Fees take effect. Continued use after the effective date constitutes acceptance of the changed Fees.

Charges imposed by third-party providers, governments, payment networks or integration partners may change separately.

17. Trials, Promotions and Credits

Hike may offer free trials, promotional plans, discounts or credits.

The duration and conditions of an offer will be displayed when you register or set out in your Order Form.

Unless otherwise stated:

1. trials are for evaluation purposes;
2. Hike may limit trial functionality or usage;
3. a trial may be ended if it is misused;
4. promotional offers cannot be transferred or exchanged for cash;
5. credits expire when stated and are not refundable; and
6. Customer Content associated with an expired trial may be deleted if the Account is not converted to a paid Subscription.

Hike is not required to provide repeated free trials to the same person, organisation or related business.

18. Subscription Renewals and Cancellation

Your Subscription begins on the date shown in your Order Form, Account or subscription confirmation.

Unless otherwise stated, the Subscription automatically renews for the same billing period until cancelled.

You may cancel through your Account or by contacting Hike using an approved cancellation method.

Cancellation normally takes effect at the end of the current paid Subscription Term. You will continue to have access until that date unless the Account is terminated earlier for cause.

Failure to use the Services does not constitute cancellation.

You must complete cancellation before the renewal date to avoid the next renewal charge.

19. Upgrades and Downgrades

You may change your plan where this functionality is available.

An upgrade may:

1. take effect immediately;
2. result in a prorated charge; and
3. increase available features or capacity.

A downgrade may:

1. take effect immediately or at the next renewal, as shown in your Account;
2. reduce features, users, outlets, registers, storage or capacity;
3. make some Customer Content inaccessible; and
4. require you to export or remove information before the downgrade.

You are responsible for reviewing the impact of a downgrade. Hike is not responsible for loss resulting from a downgrade you requested, except to the extent caused by Hike’s failure to comply with applicable law.

20. Hardware

Hardware purchased from Hike may be subject to additional product, shipping, warranty and returns terms.

You are responsible for:

1. confirming compatibility before purchase;
2. providing an accurate delivery address;
3. inspecting hardware promptly after delivery;
4. installing and operating hardware in accordance with instructions;
5. maintaining a suitable power supply, network and operating environment;
6. protecting hardware from damage, theft and unauthorised access; and
7. installing firmware and security updates.

Third-party hardware is also subject to the manufacturer’s warranty and terms.

Nothing in these Terms excludes rights or consumer guarantees that cannot lawfully be excluded, including rights under the Australian Consumer Law where applicable.

21. Setup, Training and Professional Services

Hike may provide onboarding, data migration, implementation, configuration, training or other professional services.

Any scope, timing, assumptions and Fees for these services will be stated in the applicable Order Form.

You are responsible for:

1. providing complete and accurate information;
2. making suitable staff available;
3. meeting technical and site requirements;
4. reviewing migrated or configured data; and
5. approving completed work within a reasonable period.

Additional work outside the agreed scope may incur additional Fees.

22. Support and Availability

Hike aims to provide reliable Services and customer support through the channels described on its website and within the Services.

Unless a separate service-level agreement applies:

1. Hike does not guarantee a particular response or resolution time;
2. the Services may occasionally be unavailable;
3. some features depend on internet, network, device and third-party availability; and
4. offline functionality may be limited and may require later synchronisation.

Hike may conduct scheduled or emergency maintenance. Where reasonably possible, Hike will seek to minimise disruption and provide notice of material planned maintenance.

23. Product Updates and Changes

Hike may update, improve, modify or discontinue features or versions of the Services.

Changes may be necessary because of:

1. security requirements;
2. changes in law or regulation;
3. third-party platform or integration changes;
4. technical improvements;
5. changes in market requirements;
6. replacement of legacy features; or
7. risks to the Services or users.

Where a change materially reduces a core paid feature during a current Subscription Term, Hike will provide reasonable notice where practicable.

You must install required application, operating system, firmware or security updates within a reasonable period.

24. Beta, Preview and Early-Access Features

Hike may provide beta, pilot, preview or early-access features for evaluation.

These features:

1. may be incomplete or contain errors;
2. may change or be discontinued without notice;
3. may not be supported;
4. should not be relied upon for critical business operations; and
5. are provided on an “as available” basis.

Your use of beta features is voluntary.

Feedback and usage information relating to beta features may be used to improve the Services.

25. Artificial Intelligence and Automated Features

Some Services may use artificial intelligence, automation or machine-learning technology.

Outputs produced by these features may be incomplete, inaccurate or unsuitable for your circumstances. You are responsible for reviewing outputs before relying on them or communicating them to another person.

You must not use an AI or automated output as the sole basis for a decision that could significantly affect an individual’s legal rights, employment, access to services or financial position unless the use is lawful and subject to appropriate human review.

You must not submit confidential, sensitive or regulated information to an AI feature unless the feature is intended to process that information and you have the right to do so.

AI features do not provide legal, tax, financial, employment or other professional advice.

26. Hike Intellectual Property

Hike and its licensors own all rights, title and interest in:

1. the Services;
2. software, source code and object code;
3. APIs and Documentation;
4. designs, interfaces and workflows;
5. trademarks, logos and brand features;
6. reports and templates supplied by Hike;
7. modifications, improvements and derivative works; and
8. related intellectual property.

Except for the limited right to use the Services under these Terms, no intellectual property rights are transferred to you.

You may not use Hike’s trademarks, logos or branding without written permission, except to accurately identify that you use or integrate with Hike.

27. Feedback

Hike welcomes suggestions and feedback.

You grant Hike a worldwide, perpetual, irrevocable, transferable, sublicensable and royalty-free right to use, modify and incorporate feedback into its products and services without payment or attribution.

This does not transfer ownership of your Customer Content to Hike.

28. Confidentiality

Each party may receive confidential information from the other party.

The receiving party must:

1. protect the confidential information using reasonable care;
2. use it only for purposes connected with the Agreement; and
3. disclose it only to personnel, advisers and service providers who need it and are subject to confidentiality obligations.

Confidential information does not include information that:

1. is publicly available without breach of the Agreement;
2. was lawfully known without confidentiality restrictions;
3. is independently developed without using the other party’s confidential information; or
4. is lawfully received from another source.

A party may disclose confidential information where required by law, court order or regulatory authority. Where legally permitted, it will provide reasonable prior notice to the other party.

This section continues after termination.

29. Suspension

Hike may suspend or restrict access to all or part of the Services where:

1. Fees are overdue;
2. you breach the Agreement;
3. your use creates a security, legal or operational risk;
4. Hike reasonably suspects fraud or unlawful activity;
5. your usage materially affects other customers;
6. an integration or third-party provider requires suspension;
7. suspension is required by law, a regulator or court order;
8. your Account information cannot be verified; or
9. action is reasonably necessary to protect Hike, customers or third parties.

Where practical, Hike will provide notice and an opportunity to resolve the issue. Immediate suspension may occur where delay could create material harm.

Suspension does not remove your obligation to pay Fees already due.

30. Termination

You may terminate the Agreement by cancelling the Subscription in accordance with Section 18.

Hike may terminate the Agreement or an affected Service immediately if:

1. you materially breach the Agreement and the breach cannot be remedied;
2. you fail to remedy a breach within a reasonable period after notice;
3. you fail to pay overdue Fees;
4. you engage in fraud, illegal activity or serious misuse;
5. you become insolvent, cease trading or enter administration or liquidation;
6. Hike is required to terminate by law or a third-party provider; or
7. continuing to provide the Services would create an unacceptable legal or security risk.

Hike may discontinue a Service for business or technical reasons by providing reasonable notice. Where appropriate, Hike may provide a transition period, alternative service or prorated refund for prepaid unused Fees.

31. Effect of Termination

When the Agreement ends:

1. your right to use the affected Services ends;
2. outstanding Fees and other amounts become payable;
3. you must stop using Hike’s software and confidential materials;
4. you remain responsible for activity occurring before termination; and
5. provisions intended to survive termination will continue.

Subject to your plan, the Data Processing Addendum, technical availability and applicable law, Hike may make Customer Content available for export for a limited period after termination.

Unless another period is stated, you should request and complete any export within 60 days after termination. Customer Content may then be deleted, de-identified or made inaccessible.

Customer Content may remain temporarily in secured backups until those backups are overwritten through normal retention cycles.

Hike may retain information where required for legal, taxation, accounting, fraud prevention, dispute resolution or security purposes.

32. Warranties and Disclaimers

Hike will provide the Services with reasonable care and skill.

However, to the maximum extent permitted by law:

1. the Services are provided on an “as is” and “as available” basis;
2. Hike does not guarantee uninterrupted, error-free or completely secure operation;
3. Hike does not guarantee that every feature will meet your requirements;
4. Hike does not guarantee the accuracy of reports, forecasts, recommendations or automated outputs;
5. Hike does not guarantee uninterrupted compatibility with every device or Third-Party Service;
6. Hike is not responsible for internet, telecommunications or electricity failures; and
7. Hike disclaims warranties implied by law to the extent they can lawfully be excluded.

You are responsible for determining whether the Services are suitable for your business.

Nothing in the Agreement excludes or limits a right, warranty or consumer guarantee that cannot legally be excluded.

Where a statutory guarantee applies and Hike is permitted to limit its liability, Hike’s liability is limited, at its option, to resupplying the affected Services or paying the reasonable cost of having those Services supplied again.

33. Limitation of Liability

To the maximum extent permitted by law, Hike and its affiliates, officers, employees, contractors, suppliers and licensors will not be liable for:

1. indirect, incidental, special, punitive, exemplary or consequential loss;
2. loss of profit, revenue, goodwill, opportunity, anticipated savings or business;
3. loss, corruption or unavailability of data;
4. business interruption;
5. losses arising from a Third-Party Service;
6. losses caused by your configuration, instructions or Customer Content;
7. losses arising from unauthorised Account access resulting from your failure to secure credentials; or
8. fines, penalties, tax liabilities or regulatory costs resulting from your business activities.

Hike’s total aggregate liability arising out of or relating to the Agreement will not exceed the total Fees paid or payable by you for the affected Services during the 12 months immediately before the event giving rise to the claim.

If you use only free Services, Hike’s total aggregate liability will not exceed AUD $100.

The limitations in this section apply regardless of the legal basis of the claim and even if Hike was advised that the loss was possible.

Nothing in the Agreement limits liability to the extent it cannot legally be limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by negligence where applicable.

34. Indemnity

To the extent permitted by law, you agree to indemnify Hike and its affiliates, officers and personnel against third-party claims, losses, damages, penalties and reasonable costs arising from:

1. Customer Content;
2. your products, services or business operations;
3. your breach of the Agreement;
4. your violation of applicable law;
5. your infringement of another person’s rights;
6. your unlawful collection, use or disclosure of personal information;
7. communications sent using the Services;
8. disputes between you and your customers, employees or suppliers; or
9. taxes, duties or regulatory obligations for which you are responsible.

Your indemnity will be reduced to the extent the loss was directly caused by Hike’s breach of the Agreement, negligence or unlawful conduct.

35. Compliance with Laws

Each party must comply with the laws applicable to its performance under the Agreement.

You are responsible for laws applicable to your business and use of the Services, including:

1. taxation and fiscalisation requirements;
2. consumer and product laws;
3. privacy and data protection laws;
4. electronic marketing and anti-spam laws;
5. employment and workplace laws;
6. import, export and sanctions laws;
7. anti-bribery and anti-corruption laws; and
8. industry-specific licensing requirements.

You must not use the Services in a country, territory or manner prohibited by applicable sanctions or export-control laws.

36. Force Majeure

Neither party will be liable for delay or failure to perform an obligation, other than an obligation to pay money, where the delay or failure results from circumstances beyond its reasonable control.

These circumstances may include natural disasters, fire, flood, war, terrorism, civil unrest, industrial disputes, government action, utility failures, telecommunications outages, cyberattacks, epidemics, supplier failure or widespread internet disruption.

The affected party must take reasonable steps to minimise the impact.

If a force majeure event materially prevents provision of a paid Service for more than 30 consecutive days, either party may terminate the affected Service by written notice.

37. Changes to These Terms

Hike may update these Terms to reflect:

1. changes to the Services;
2. legal or regulatory developments;
3. security requirements;
4. business or operational changes; or
5. improvements in clarity.

The updated Terms will be posted on the Hike website with a revised “Last updated” date.

Where a change materially reduces your rights or increases your obligations, Hike will provide reasonable notice by email, through your Account or by another appropriate method.

Unless a different date is stated, changes will take effect when posted for new Customers and following notice for existing Customers.

Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

38. Governing Law and Disputes

The Agreement is governed by the laws of Victoria, Australia, without regard to conflict-of-law principles.

Before commencing formal proceedings, each party must make reasonable efforts to resolve the dispute in good faith.

A party raising a dispute should provide written notice describing:

1. the nature of the dispute;
2. the relevant facts;
3. the outcome sought; and
4. any supporting information.

The parties will attempt to resolve the dispute through discussion for at least 30 days after the notice is received.

If the dispute is not resolved, the courts of Victoria, Australia will have exclusive jurisdiction.

Nothing in this section prevents either party from seeking urgent injunctive or protective relief.

Mandatory rights and protections under applicable local law are not excluded.

39. Notices

Hike may send notices to:

1. the email address associated with your Account;
2. an administrator through the Services;
3. the contact details stated in your Order Form; or
4. a notice displayed within the Services.

You must keep your contact information current.

Notices to Hike must be sent to:

Hike POS Pty Ltd

ABN 44 168 261 274

Level 15, 28 Freshwater Place

Southbank VIC 3006

Australia

Email: hello@hikeup.com

Support: Through the Hike support portal or your Hike Account

A notice sent by email is treated as received on the next business day after transmission unless the sender receives a delivery failure notification.

40. General Terms

Assignment

You may not assign or transfer the Agreement without Hike’s prior written consent.

Hike may assign the Agreement to an affiliate or as part of a merger, restructure, financing, acquisition or sale of business or assets.

Subcontractors

Hike may use affiliates, contractors and service providers to perform its obligations. Hike remains responsible for its obligations under the Agreement.

No Partnership

The Agreement does not create a partnership, franchise, employment, fiduciary or agency relationship between the parties.

No Third-Party Beneficiaries

Unless expressly stated, no person other than you and Hike has a right to enforce the Agreement.

Waiver

A failure or delay in enforcing a right is not a waiver of that right.

Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue.

Entire Agreement

The Agreement constitutes the entire agreement between the parties concerning the Services and replaces prior discussions, representations or understandings relating to them.

Language

The English version of the Agreement is the controlling version unless applicable law requires otherwise.

Electronic Agreement

You agree that the Agreement and related notices may be accepted, signed and delivered electronically.

41. Contact

Questions about these Terms may be directed to:
Hike POS Pty Ltd
ABN 44 168 261 274
Level 15, 28 Freshwater Place
Southbank VIC 3006
Australia
Email: hello@hikeup.com
Support: Through your Hike Account or the Hike support portal