Triniteq Terms of Use
Schedule 6
These Terms of Use govern the relationship between Triniteq International Pty Ltd ("Triniteq") and the Customer in connection with the supply of Triniteq or Partner services, software, products, goods and/or hardware. By placing an order, accepting a quote, or using any Triniteq product or service, the Customer agrees to be bound by these Terms.
Terms of Use - Schedule 6
Effective: 1 May 2026
These Terms form part of a suite of six schedules:
Schedule 1 – General Terms of Use
Schedule 3 – Triniteq Software Licensing Agreement
Schedule 4 – Triniteq Service Level Agreement & Menu Maintenance Agreement
Schedule 5 – Triniteq Bundled Services Agreement
Schedule 6 – Payment Rebate & Bundled Services Agreement (this document)
Schedule 6 – Payment Rebate & Bundled Services Agreement
- Definitions and Interpretation
1.1 In these Terms and Conditions, the following definitions apply:
Agreement: These Terms and Conditions, together with any Triniteq Quote, Schedule, or other document incorporated by reference.
Commencement Date: The date specified in the Triniteq Quote, or if not specified, the date on which Triniteq first delivers any Hardware or activates any Software.
Customer: The entity or individual identified in the Triniteq Quote who has agreed to these Terms and Conditions.
Fees: All charges payable by the Customer to Triniteq under this Agreement, including Hardware Fees, Software Fees, Support Fees, and Project Services Fees.
Hardware: All point-of-sale hardware, terminals, peripherals, and associated physical equipment supplied by Triniteq to the Customer under this Agreement.
Payment Provider: The third-party financial institution, payment gateway, or acquiring bank designated in the Triniteq Quote through which the Customer processes payment transactions, and which may provide rebates to the Customer in connection with this Agreement.
Payment Provider Rebate: Any amount, credit, incentive, or rebate provided by the Payment Provider to the Customer in connection with the Customer's use of the Payment Provider's services, which may offset some or all of the Fees payable to Triniteq.
POS Software: The PowerEPOS software and any other point-of-sale software applications licensed by Triniteq to the Customer under this Agreement.
Project Services: Installation, system programming and configuration, system deployment (whether onsite or remote), training, and any other professional or project-based services provided by Triniteq.
Software: The POS Software, stock management software, and any other software applications licensed by Triniteq to the Customer.
Support Services: The technical support, maintenance, and helpdesk services provided by Triniteq in relation to the Hardware and Software.
Term: The period specified in the Triniteq Quote, being 12, 24, or 36 months from the Commencement Date, unless earlier terminated in accordance with this Agreement.
Triniteq: Triniteq International Pty Ltd (ABN: 81 092 943 649) of 813 Wellington Street, West Perth, Western Australia, 6005.
Triniteq Quote: The document, proposal, or electronic order that sets out the specific services, fees, and term agreed between Triniteq and the Customer.
1.2 In these Terms and Conditions, unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) headings are for convenience only and do not affect interpretation; (c) a reference to a clause is a reference to a clause in these Terms and Conditions; and (d) "including" and similar expressions are not words of limitation.
- Formation of Agreement
2.1 This Agreement is formed when the Customer signs a Triniteq Quote, clicks to accept these Terms and Conditions, or commences use of any Services, whichever occurs first.
2.2 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
2.3 Any quotation given by Triniteq is valid for the period specified in the Triniteq Quote, or where no period is specified, for 30 days from its date, and does not constitute an offer. Triniteq reserves the right to withdraw or amend any quotation at any time prior to the formation of this Agreement.
2.4 The Customer warrants that it has the authority and capacity to enter into this Agreement and that, if the Customer is a company or other entity, the person signing or accepting this Agreement has authority to bind the Customer.
2.5 Terms of Use
These Terms and Conditions are underpinned by Triniteq's Terms of Use, as published and amended by Triniteq from time to time. In the event of any inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions prevail to the extent of the inconsistency. The Customer is responsible for reviewing Triniteq's Terms of Use periodically, and continued use of the Hardware or Software following any amendment to the Terms of Use constitutes the Customer's acceptance of the amended Terms of Use. Triniteq's current Terms of Use are available at www.triniteq.com/terms-of-use. - Services
3.1 Hardware Supply
Where applicable, Triniteq agrees to supply Hardware to the Customer as specified in the Triniteq Quote. Hardware specifications may be updated by Triniteq from time to time where equivalent or superior specifications are substituted, provided that such substitution does not materially diminish the functionality available to the Customer.3.2 Software Licence
Subject to payment of all Fees and compliance with this Agreement, Triniteq grants the Customer a non-exclusive, non-transferable licence to use the Software during the Term solely for the Customer's internal business operations. The Customer must not sublicense, resell, assign, or otherwise transfer the Software or any rights in it.3.3 Support Services
Triniteq will provide Support Services as described in the Triniteq Quote. Support is provided during Triniteq's standard business hours unless otherwise agreed in writing. Response times and service levels are as set out in any applicable Service Level Agreement.3.4 Project Services
Triniteq will perform Project Services as described in the Triniteq Quote. Additional Project Services requested by the Customer beyond the scope of the Triniteq Quote will be subject to a separate written agreement and additional fees at Triniteq's then-current rates.3.5 Service Standards
Triniteq will perform all Services with reasonable care and skill. However, Triniteq does not warrant that the Services or Software will be uninterrupted, error-free, or free from defects. The Customer acknowledges that software and technology services may require periodic downtime for maintenance, updates, and upgrades. - Fees, Payment and Payment Provider Rebates
4.1 Fees
The Customer agrees to pay Triniteq the Fees set out in the Triniteq Quote. Fees are exclusive of GST and any other applicable taxes, levies, or duties, which shall be payable by the Customer in addition to the Fees.4.2 Payment Terms
Unless otherwise specified in the Triniteq Quote, Fees are payable monthly in advance. Invoices are due and payable within 14 days of the invoice date. Triniteq reserves the right to charge interest on overdue amounts at the rate of 2.5% per month (or part thereof), calculated daily and compounding monthly, from the due date until the date of actual payment.4.3 Payment Provider Rebates
The Customer acknowledges and agrees that:(a) Any Payment Provider Rebate is a separate commercial arrangement between the Customer and the Payment Provider. Triniteq is not a party to, and accepts no liability in connection with, the Payment Provider Rebate arrangement.
(b) The Payment Provider Rebate may offset some or all of the Fees payable to Triniteq, but the Customer's obligation to pay Triniteq the full Fees remains absolute and unconditional regardless of whether, and to what extent, the Payment Provider Rebate is actually received by the Customer.
(c) Any delay, reduction, suspension, cancellation, or cessation of the Payment Provider Rebate for any reason whatsoever does not affect the Customer's obligation to continue paying Fees to Triniteq in full and on time.
(d) Triniteq makes no representation or warranty regarding the continuation, amount, or availability of any Payment Provider Rebate.
4.4 Change of Payment Provider
If the Customer changes or proposes to change its Payment Provider during the Term (whether voluntarily or due to a direction, termination, or change of terms by the existing Payment Provider), the Customer acknowledges and agrees that:(e) The Customer must notify Triniteq in writing at least 30 days prior to any change of Payment Provider.
(f) The Customer's obligation to pay Fees to Triniteq in full continues uninterrupted regardless of any change in Payment Provider, the loss of any rebate, or any change in the commercial terms with the new or existing Payment Provider.
(g) A change of Payment Provider does not constitute grounds for early termination of this Agreement, a reduction in Fees, or any other modification of this Agreement.
(h) If the new Payment Provider does not offer a rebate equivalent to the original Payment Provider Rebate, the Customer remains solely responsible for paying all Fees to Triniteq without set-off or deduction.
(i) Triniteq may, at its discretion, charge a service fee for any payment integration or configuration work required in connection with a change of Payment Provider.
4.5 Fee Adjustments
Triniteq may increase Fees on 30 days' written notice to the Customer. Fee increases will not exceed the greater of 10% per annum or the increase in the Consumer Price Index (All Groups, Australia) for the 12-month period preceding the notice. The Customer's continued use of the Services after the effective date of a fee increase constitutes acceptance of the revised Fees.4.6 Disputed Invoices
If the Customer disputes an invoice in good faith, the Customer must notify Triniteq in writing within 7 days of the invoice date, providing full details of the dispute. The Customer must pay the undisputed portion of any invoice by the due date. Disputed amounts will be resolved in accordance with the dispute resolution process in clause 19.4.7 Set-Off
The Customer has no right to set off, withhold, or deduct any amounts from Fees payable to Triniteq, whether on account of any claim, counterclaim, or dispute.4.8 Direct Debit
By entering into this Agreement, the Customer authorises Triniteq to debit the Customer's nominated account for all Fees in accordance with the terms of any Direct Debit Request and the applicable Direct Debit Service Agreement. - Hardware Ownership, Risk and Title
This clause applies where the Customer has entered into a Bundled Services Agreement with Triniteq that includes the provision of Triniteq hardware. In such circumstances, the terms set out in this clause govern the supply, use, and management of that hardware and apply in addition to the general terms of this Agreement. Where there is any inconsistency between this clause and any other provision of this Agreement, this clause prevails to the extent of that inconsistency as it relates to the hardware component of the Bundled Services Agreement.
5.1 Ownership During Term
The Customer acknowledges and agrees that throughout the Term:(j) All Hardware supplied by Triniteq remains the sole and exclusive property of Triniteq.
(k) Title to the Hardware does not pass to the Customer until the end of the Term, subject to clause 5.2.
(l) The Customer holds the Hardware as bailee only and must take reasonable care of it and keep it in good working order, fair wear and tear excepted.
(m) The Customer must not encumber, charge, mortgage, pledge, assign, transfer, sub-lease, or otherwise dispose of the Hardware or any interest in it.
(n) The Customer must not permit any lien to be placed over the Hardware and must notify Triniteq immediately if any third party attempts to seize, attach, or take possession of the Hardware.
5.2 Transfer of Ownership at End of Term
Provided that: (a) the Customer has paid all Fees in full throughout the Term; (b) the Agreement has not been terminated prior to the end of the Term; and (c) the Customer is not otherwise in default under this Agreement, title to the Hardware will pass to the Customer on the final day of the Term at no additional charge.5.3 Risk
Risk in the Hardware passes to the Customer upon delivery. The Customer is responsible for insuring the Hardware against loss, theft, and damage throughout the Term and must, if requested by Triniteq, provide evidence of current insurance.5.4 PPSR Registration
Triniteq may register its interest in the Hardware on the Personal Property Securities Register (PPSR) under the Personal Property Securities Act 2009 (Cth). The Customer must do all things reasonably required by Triniteq to facilitate any such registration and must not take any action that could prejudice Triniteq's security interest.5.5 Inspection
Triniteq or its authorised representatives may, upon reasonable written notice (or without notice if Triniteq reasonably suspects damage, misuse, or a breach of this Agreement), inspect and audit the Hardware at the Customer's premises at any time during the Term.5.6 Hardware Repair and Maintenance Costs
(o) The Customer is solely responsible for all costs associated with the repair, servicing, and maintenance of Hardware supplied by Triniteq under this Agreement, both during and after the Term.
(p) During the Term, the Customer must promptly arrange and fund all repairs necessary to keep the Hardware in good working order, fair wear and tear excepted. Where the Customer requests Triniteq to carry out repairs or arrange servicing on the Customer's behalf, such work will be charged at Triniteq's then-current rates and is payable in accordance with clause 4.2.
(q) Damage caused by misuse, negligence, accident, unauthorised modification, power surge, environmental factors, or any cause other than a manufacturing defect is the Customer's responsibility and is not covered by any warranty or Support Services under this Agreement.
(r) Following the transfer of title to the Hardware at the end of the Term under clause 5.2, Triniteq has no further obligation of any kind in respect of the repair, maintenance, or performance of the Hardware. The Customer accepts the Hardware in its then-current condition at the end of the Term.
(s) Nothing in this clause limits Triniteq's obligations under the Australian Consumer Law with respect to acceptable quality of goods at the time of supply.
(t) Where the Customer arranges repairs or servicing of the Hardware through any party other than Triniteq or a Triniteq-authorised repairer, any manufacturer's or Triniteq warranty applicable to that Hardware will be void with immediate effect.
- Term and Termination
6.1 Term
This Agreement commences on the Commencement Date and continues for the Term specified in the Triniteq Quote (12, 24, or 36 months). Unless either party gives written notice of non-renewal at least 60 days before the end of the Term, this Agreement will automatically renew for successive 12-month periods on the same terms, except that Fees may be adjusted in accordance with clause 4.5.6.2 Termination by Triniteq for Cause
Triniteq may terminate this Agreement immediately by written notice if:(u) The Customer fails to pay any Fees by the due date and such failure is not remedied within 7 days of written notice from Triniteq;
(v) The Customer commits a material breach of this Agreement (other than a payment default) and fails to remedy it within 14 days of written notice from Triniteq;
(w) The Customer becomes insolvent, is wound up, has a receiver or administrator appointed, enters voluntary administration, or makes any arrangement with creditors;
(x) The Customer ceases to carry on business; or
(y) The Customer's use of the Services causes or is likely to cause damage to Triniteq's reputation or systems.
6.3 Early Termination by Customer
The Customer does not have a right to terminate this Agreement early other than for Triniteq's uncured material breach. If the Customer purports to terminate this Agreement early, or if Triniteq terminates this Agreement as a result of the Customer's default, the Customer will be liable to pay:(z) All Fees that remain payable for the remainder of the Term, as a genuine pre-estimate of loss and not a penalty; and
(aa) Any reasonable costs incurred by Triniteq in recovering the Hardware.
6.4 Hardware Recovery on Termination
If this Agreement is terminated prior to the end of the Term for any reason (including but not limited to early termination by the Customer, termination by Triniteq for cause, or termination by mutual agreement), Triniteq has the unconditional right to:(bb) Immediately collect, repossess, and take possession of all Hardware;
(cc) Enter the Customer's premises (with reasonable notice unless circumstances make this impractical) for the purpose of retrieving the Hardware;
(dd) Deal with, sell, refurbish, recycle, destroy, or otherwise dispose of or use the Hardware in any manner Triniteq sees fit, at its absolute discretion, without any obligation to account to the Customer for any proceeds or residual value; and
(ee) Charge the Customer for any reasonable costs associated with the recovery, repair, or remediation of the Hardware.
The Customer must cooperate fully with Triniteq in the return of Hardware and must not obstruct, hinder, or prevent Triniteq's exercise of its rights under this clause. The Customer irrevocably grants Triniteq a licence to enter its premises for the purposes of this clause.
6.5 Survival
Clauses relating to fees payable, hardware ownership, intellectual property, confidentiality, limitation of liability, indemnities, and dispute resolution survive termination or expiry of this Agreement. - Software Licence and Intellectual Property
7.1 Licence Grant
Triniteq grants the Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the Software during the Term solely for the Customer's internal business purposes. This licence terminates automatically upon expiry or termination of this Agreement.7.2 Licence Restrictions
The Customer must not, and must not permit any third party to:(ff) Copy, reproduce, distribute, republish, or transmit any part of the Software;
(gg) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Software;
(hh) Attempt to obtain, or assist third parties in obtaining, access to the Software other than as provided under this Agreement;
(ii) Use the Software for any unlawful, harmful, or fraudulent purpose; or
(jj) Remove or alter any proprietary notices, trademarks, or labels on or in the Software.
7.3 Ownership of Intellectual Property
All intellectual property rights in and to the Software, documentation, systems, methods, and processes are and remain the sole and exclusive property of Triniteq or its licensors. Nothing in this Agreement transfers any intellectual property rights to the Customer.7.4 Customer Data
The Customer owns all data entered into the Software by or on behalf of the Customer ("Customer Data"). Triniteq may access Customer Data to the extent necessary to provide the Services and may use de-identified, aggregated data for product improvement and statistical purposes. Triniteq will not disclose Customer Data to third parties except as required by law or with the Customer's consent.7.5 Software Updates
Triniteq may update, modify, or discontinue features of the Software at any time. Where a material change to the Software would significantly reduce functionality relied upon by the Customer, Triniteq will provide at least 30 days' prior written notice. - Support and Maintenance
8.1 Triniteq will use reasonable endeavours to provide Support Services as set out in the Triniteq Quote, including access to Triniteq's helpdesk, software updates and patches, and reasonable remote technical assistance.
8.2 Support does not cover: (a) issues caused by the Customer's misuse, negligence, or unauthorised modification of the Hardware or Software; (b) issues arising from third-party software, hardware, or network infrastructure not supplied by Triniteq; (c) issues caused by the Customer's failure to implement recommended updates; or (d) issues resulting from causes beyond Triniteq's reasonable control.
8.3 Any Support Services requested by the Customer outside the scope of the Agreement or outside standard business hours will be chargeable at Triniteq's then-current rates.
8.4 Triniteq may engage third parties to perform all or part of the Support Services without the Customer's consent.
8.5 Optional Maintenance Agreement
The Customer may, at its request, elect to enter into a Maintenance Agreement with Triniteq for the ongoing reprogramming and reconfiguration of menus across the Customer's sites. The following terms apply to any such Maintenance Agreement:(kk) Scope. The Maintenance Agreement covers the periodic review, reprogramming, and reconfiguration of point-of-sale menus across the Customer's nominated sites, including updates to menu items, pricing, modifiers, categories, and related configuration. Any work falling outside this scope will be treated as a separate Project Service and charged accordingly under clause 9.
(ll) Maintenance Cycle. The parties will agree in the Maintenance Agreement whether the maintenance cycle is quarterly or half-yearly, based on the anticipated frequency and volume of menu changes required across the Customer's sites. The agreed maintenance cycle will be documented in the relevant Triniteq Quote or Schedule.
(mm) Pricing and Tiering. Fees for the Maintenance Agreement are charged on a per-site basis and are tiered according to menu size, reflecting the complexity and time involved in each maintenance cycle. The applicable tier and per-site fee for each Customer will be set out in the Triniteq Quote or Schedule. Pricing tiers are structured to reward Customers with larger site footprints, with per-site rates reducing at higher tiers. Triniteq reserves the right to reassess the applicable tier at each renewal if the Customer's menu size or site count has materially changed.
(nn) Term and Billing. A Maintenance Agreement has a minimum term of 12 months and rolls automatically for successive 12-month periods unless either party gives at least 60 days' written notice of non-renewal prior to the end of the then-current term. Fees are billed quarterly or half-yearly in advance, in accordance with the agreed maintenance cycle. All Maintenance Agreement Fees are payable in accordance with clause 4.2.
(oo) Priority Support. Customers on a Maintenance Agreement are entitled to priority support for maintenance-related requests, meaning such requests will be scheduled and actioned ahead of standard ad hoc work requests from non-agreement Customers. Priority support does not guarantee a specific response or completion time but reflects Triniteq's reasonable endeavours to fast-track scheduled maintenance work.
(pp) Customer Obligations. The Customer must provide Triniteq with accurate and complete menu information, approvals, and access to relevant systems within a reasonable time prior to each scheduled maintenance cycle. Triniteq is not responsible for delays caused by the Customer's failure to provide timely instructions or approvals, and any rescheduling required as a result may be subject to an additional fee.
(qq) Relationship to Agreement. A Maintenance Agreement forms part of, and is subject to, these Terms and Conditions. In the event of any inconsistency between a Maintenance Agreement or Triniteq Quote and these Terms and Conditions, these Terms and Conditions prevail unless the inconsistency is expressly noted and agreed in writing by both parties.
- Project Services
9.1 Triniteq will perform Project Services as described in the Triniteq Quote. The Customer must provide Triniteq with reasonable access to its premises, systems, networks, and personnel as required for Triniteq to perform Project Services.
9.2 Onsite Project Services are subject to Triniteq's availability and the Customer's compliance with all reasonable health and safety requirements. If the Customer is unable to provide access or fails to meet prerequisites on the scheduled date, Triniteq may charge a cancellation or rescheduling fee.
9.3 The Customer acknowledges that project timelines are estimates only and may be affected by factors outside Triniteq's control. Triniteq will use reasonable endeavours to meet agreed timelines but is not liable for delays.
9.4 Any variation to the scope of Project Services must be agreed in writing and may result in additional charges.
9.5 The Customer is responsible for ensuring that its premises, infrastructure, and personnel are adequately prepared for Project Services, including providing appropriate network connectivity, power, and environmental conditions.
- Customer Obligations
The Customer must at all times:
(rr) Pay all Fees by the due date;
(ss) Use the Hardware and Software only for lawful purposes and in accordance with this Agreement and Triniteq's reasonable instructions;
(tt) Maintain the Hardware in good condition, protect it from damage, and store it appropriately;
(uu) Promptly notify Triniteq of any damage to, loss of, or malfunction of the Hardware;
(vv) Keep all login credentials and passwords secure and confidential, and notify Triniteq immediately of any suspected unauthorised access;
(ww) Ensure that all users of the Software comply with this Agreement;
(xx) Maintain current insurance as required under clause 5.3; and
(yy) Comply with all applicable laws, regulations, and codes of practice in connection with its use of the Services.
- Warranties and Disclaimers
11.1 Triniteq warrants that it will perform the Services with reasonable care and skill and that the Hardware supplied will be of acceptable quality as required by the Australian Consumer Law.
11.2 Subject to clause 11.1 and the Australian Consumer Law, all warranties, conditions, and representations, whether express or implied, statutory or otherwise, are excluded to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.3 Triniteq does not warrant that the Software will be error-free, uninterrupted, or compatible with all third-party systems, platforms, or devices. The Customer accepts the Software "as is" and is responsible for ensuring its suitability for the Customer's needs.
11.4 The Customer represents and warrants that it has independently assessed the suitability of the Hardware and Software for its business needs and has not relied on any representation made by Triniteq that is not expressly set out in this Agreement.
- Limitation of Liability
12.1 To the maximum extent permitted by applicable law, Triniteq's total aggregate liability to the Customer for any claims arising out of or in connection with this Agreement (whether in contract, tort including negligence, statute, or otherwise) is limited to the total Fees paid by the Customer to Triniteq in the 3 months immediately preceding the event giving rise to the claim.
12.2 In no event will Triniteq be liable for any: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of revenue, profit, business, data, opportunity, or goodwill; (c) business interruption; or (d) loss resulting from the failure of the Payment Provider or any Payment Provider Rebate.
12.3 Nothing in this Agreement limits Triniteq's liability for: (a) death or personal injury caused by Triniteq's negligence; (b) fraud or fraudulent misrepresentation; or (c) any non-excludable rights or guarantees under the Australian Consumer Law.
12.4 The Customer must notify Triniteq of any claim within 30 days of becoming aware of the circumstances giving rise to the claim. Failure to do so will not extinguish the claim but may affect any compensation recoverable.
- Indemnity
The Customer indemnifies and holds harmless Triniteq, its officers, employees, agents, and contractors from and against all claims, losses, damages, liabilities, costs, and expenses (including legal costs on a solicitor-client basis) arising from or in connection with:
(zz) The Customer's breach of this Agreement;
(aaa) The Customer's misuse of the Hardware or Software;
(bbb) Any claim by a third party arising from the Customer's use of the Services; or
(ccc) Any negligent or wrongful act or omission by the Customer or its employees, agents, or contractors.
- Data Protection and Privacy
14.1 Triniteq will collect, use, and handle personal information in accordance with its Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988 (Cth).
14.2 The Customer is solely responsible for ensuring that its collection and use of personal data through the Software complies with all applicable laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any applicable state or territory privacy legislation.
14.3 The Customer must ensure it has obtained all necessary consents from individuals whose personal data is processed using the Software.
14.4 In the event of a data breach affecting Customer Data, Triniteq will notify the Customer as soon as practicable and cooperate with the Customer in complying with applicable notifiable data breach obligations.
14.5 Triniteq implements reasonable technical and organisational security measures to protect Customer Data. However, the Customer acknowledges that no data transmission or storage system is completely secure.
- Confidentiality
15.1 Each party agrees to keep confidential all Confidential Information of the other party and not to use or disclose it except as necessary to perform its obligations under this Agreement or as required by law.
15.2 "Confidential Information" means all information disclosed by one party to the other that is designated as confidential, or that by its nature should reasonably be regarded as confidential, including but not limited to pricing, business strategies, software, systems, and Customer Data.
15.3 Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; or (c) is required to be disclosed by law, court order, or regulatory authority.
15.4 Confidentiality obligations survive termination or expiry of this Agreement for a period of 3 years.
- Force Majeure
16.1 Triniteq is not liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond Triniteq's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, industrial disputes, telecommunications or internet failures, or failures of third-party service providers (including Payment Providers).
16.2 Triniteq will notify the Customer as soon as practicable of any force majeure event and will use reasonable endeavours to resume performance as soon as practicable. A Customer's payment obligations are not affected by a force majeure event affecting Triniteq.
16.3 Regulatory Change – Card Surcharging
16.3.1 If the Australian Competition and Consumer Commission (ACCC), the Reserve Bank of Australia (RBA), or any other government body, regulator, or authority with jurisdiction over payment systems, card surcharging, or merchant services in Australia introduces, amends, or repeals any law, regulation, standard, or ruling that restricts, limits, prohibits, or otherwise affects the ability of a Payment Provider to offer or fund a Payment Provider Rebate to the Customer, the Customer acknowledges and agrees that its obligation to pay Triniteq all Fees for the Hardware, Software, Support Services, and Project Services as set out in this Agreement and the relevant Triniteq Quote remains absolute, unconditional, and unaffected.
16.3.2 The Customer accepts that any change to card surcharging rules or the loss, reduction, or cessation of any Payment Provider Rebate as a result of a regulatory change does not entitle the Customer to terminate this Agreement early, reduce or defer any Fees, or claim any relief from its payment obligations to Triniteq.
- Suspension of Services
17.1 Triniteq may suspend the Customer's access to all or part of the Services immediately upon written notice if:
(ddd) The Customer fails to pay any Fees when due;
(eee) The Customer breaches any material term of this Agreement; or
(fff) Suspension is necessary to protect the security or integrity of Triniteq's systems or the services of other customers.
17.2 Suspension does not relieve the Customer of its obligation to pay Fees during the period of suspension.
17.3 Triniteq will lift a suspension promptly once the circumstances giving rise to it have been resolved to Triniteq's reasonable satisfaction.
- Goods and Services Tax
18.1 Unless otherwise expressly stated, all amounts referred to in this Agreement are exclusive of GST. Where any supply under this Agreement is subject to GST, the recipient of the supply must pay to the supplier an additional amount equal to the GST payable in respect of that supply.
18.2 Any reference in this Agreement to an amount or cost is a reference to that amount net of any applicable input tax credits.
- Dispute Resolution
19.1 If a dispute arises in connection with this Agreement, the parties must first attempt to resolve it through good faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute.
19.2 If the dispute is not resolved within 20 business days of the written notice (or such longer period as the parties agree), either party may refer the matter to mediation administered by the Australian Disputes Centre (or such other body as the parties agree).
19.3 If mediation fails to resolve the dispute within 30 days of appointment of the mediator, either party may commence legal proceedings.
19.4 Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
- General Provisions
20.1 Governing Law
This Agreement is governed by the laws of Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.20.2 Entire Agreement
This Agreement, together with the Triniteq Quote and any Schedules, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, warranties, and understandings.20.3 Amendments
Triniteq may amend these Terms and Conditions by providing 30 days' written notice to the Customer. Continued use of the Services after the effective date of any amendment constitutes the Customer's acceptance of the amended Terms and Conditions.20.4 Assignment
The Customer must not assign, transfer, novate, or otherwise deal with its rights or obligations under this Agreement without Triniteq's prior written consent. Triniteq may assign this Agreement or any rights under it without the Customer's consent.20.5 Waiver
A waiver of any right or remedy under this Agreement is only effective if given in writing. A delay in exercising, or failure to exercise, any right or remedy does not constitute a waiver.20.6 Severability
If any provision of this Agreement is found to be invalid, unenforceable, or illegal, that provision is severed from the Agreement and the remaining provisions continue in full force and effect.20.7 No Agency
Nothing in this Agreement creates a relationship of agency, partnership, joint venture, or employment between the parties. Neither party has authority to bind the other in any way.20.8 Notices
All notices under this Agreement must be in writing and delivered by email (with read receipt or acknowledgement), registered post, or hand delivery to the addresses specified in the Triniteq Quote. Notices are effective on the date of receipt, or, in the case of registered post, 2 business days after posting.20.9 Consumer Guarantees
If the Customer is a "consumer" for the purposes of the Australian Consumer Law, nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded. To the extent the Australian Consumer Law permits Triniteq to limit its liability, Triniteq's liability is limited, at Triniteq's option, to re-supply of the relevant services or payment of the cost of having the services re-supplied.20.10 Counterparts
This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together constitute one and the same instrument. Electronic signatures are accepted.
Triniteq International Pty Ltd | Schedule 6 – Payment Rebate & Bundled Services Agreement | Effective 1 May 2026
Go to:
Schedule 1 – General Terms of Use
Schedule 3 – Triniteq Software Licensing Agreement
Schedule 4 – Triniteq Service Level Agreement & Menu Maintenance Agreement