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Terms & Conditions
POL Subscription Agreement

THIS AGREEMENT is for a period of 1 month, renewable monthly by the payment of the monthly subscription, the amount of which shall be agreed from time to time

PA has developed the computer software and system known as 'POL' (POL Information Catalogues
), at the request of various retailers, using information supplied by those retailers, suppliers, manufacturers and other sources. POL is a dedicated, web page styled, database, information retrieval system, which provides immediate access to comprehensive detail, images, text and video on products, which is intended for display at points of sale within retail stores.

By accepting delivery of and not returning immediately a POL CD, Retailer agrees with PA as follows and on upon receipt of each monthly subscription PA agrees with Retailer as follows:

From time to time during the course of this agreement provide details and specifications of POL hardware to the Retailer in order that the Retailer can acquire new hardware or use existing hardware for access to the POL system;
Provide on a monthly basis a POL CD, current for the month printed on the CD, to access the POL system;
Give operational advice as required to the Retailer concerning the use and accessing of the POL system and information contained on the POL system;
Compile information of goods, products and services, and provide that information through the POL system in such a form that it may be retrieved by the Retailer;
Give the Retailer the opportunity to be involved in product launches and various supplier promotions through the POL system;

Position the POL system in a prominent point of sale location and if the retailer is using a computer network system, then the Retailer must in at least one point in the retail store position a terminal with a substantial sized monitor in a prominent point of sale position for use by on-floor staff and for obvious sighting by store customers;
Promptly advise PA of any difficulties in accessing the POL system;
Pay to PA the fees as set out in the tax invoice submitted with each months CD;
Not at any time, including after the expiry of this agreement, copy the software nor cause or allow any employee or customer or any other person to copy or duplicate in any form or medium any of the POL system either in whole or in part, other than for information which has been installed on the POL system by PA for retrieval by the Retailer, its customers and its staff by way of product information of products, goods and services installed on the POL system;
Will use its best endeavors to assist PA to encourage suppliers and manufacturers to become POL information suppliers;
Ensure that non-PA supplied software, programs or any electronic data of any kind does not interfere with the broadcast of the POL system on the chosen hardware delivering the POL system;
Will not use any CD in more than one retail outlet

3. PA warrants that it shall use its best endeavors to install information of goods, products and services on the POL system in a prompt and timely manner, but PA is not responsible for the accuracy of any information installed on the POL system, such information being received by PA from other parties and the information installed on the POL system by NA shall be based on information received by PA and PA has no obligation other than to use reasonable endeavors to ensure that the information installed on the POL system is true and accurate.

4. The Retailer warrants and acknowledges that the POL software which is installed on the hardware specified by PA and owned or acquired by the retailer is of commercial value and any duplication or interference thereof shall cause commercial damage to PA. The Retailer shall at all times including after the expiry of this agreement take all such action as is reasonably necessary to ensure that the software is in no way duplicated or copied and that no party has access to the software which would enable that party to duplicate or copy the software or to prepare and write a program which would carry out the same or similar functions as the POL system.

5. Upon termination of this Agreement the Retailer shall give PA access to hardware on which POL has been installed, to thereby enable PA to retrieve from that hardware any and all POL software and to cleanse the hardware of any POL information or program installed on that hardware. This clause entitles PA to remove from the hardware any hard disk or other memory device on which software supplied by PA has been installed provided that PA replaces the hard disk or such other memory device with a like or compatible unit properly programmed with all of Retailers non-POL software and data.

6. The warranty by the Retailer not to copy or duplicate the software installed by PA shall survive the termination of this Agreement and shall remain in full force and effect notwithstanding that this Agreement may have been terminated for any reason.