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    Triniteq Terms of Use
    Schedule 3

    These Terms of Use are intended to explain Triniteq's obligations as a service provider and the Customer's obligations as a User.

Terms of Use - Schedule 3

 

These Terms of Use are current and effective as from August 27, 2020.

Welcome to Triniteq. These Terms of Use (“Terms”) are specifically for Triniteq customers (“Customer”). These Terms are intended to explain Triniteq International Pty. Ltd. (“Triniteq”)’s obligations as a service provider and the Customer’s obligations as a User. Please read them carefully.

These Terms of Use are made up of 3 schedules: 

Schedule 1 – Triniteq Support & Sales Agreement Terms of Use – General

Schedule 2 – Triniteq Support and Sales Agreement Terms of Use Charges, Fees, Payments, Quotes, Purchase Orders & Proposals

Schedule 3 – Triniteq  or Triniteq's Partner Software Licensing Agreement

These Terms are binding on any use of the Triniteq or Triniteq’s Partner Services, and/or Products and apply to the Customer/User from the time that Triniteq provides the Customer/User with access to the Triniteq or Triniteq’s Partner Service(s) and/or Product(s).

 

Schedule 3 – Triniteq or Triniteq's Partner Software Licensing Agreement

WaiterPOS release 2022 (and all previous versions)
Platform ‘AT’ release 2022 (and all previous versions)
Platform release 2022 (and all previous versions)
PowerEPOS release 2022 (and all previous versions)
Predicttile release 2022 (and all previous versions)
PowerEPOS Insights release 2022 (and all previous versions)

© Copyright 2006 Triniteq International Pty. Ltd/© Copyright 2017 PowerEPOS Ltd.

IMPORTANT PLEASE READ CAREFULLY:

This Software Licence Agreement is between the Customer (either individual or company) and Triniteq International Pty. Ltd. and its Partners/subsidiaries (Triniteq) for the following point of sale software products (Triniteq or Triniteq’s Partner Software):

Triniteq POS software:

• PowerEPOS (paid under a Subscription Plan/SaaS only) – Cloud Software
• PowerEPOS Insights – Cloud Software
• Predicttile – Cloud Software
• Triniteq WaiterPOS – Hosted Software
• Triniteq WaiterPAD – Hosted Software
• PSM (POS System Manager) – Hosted and/or Cloud Software
• Time Manager – Hosted Software
• Stock Manager – Hosted Software
• Market Manager – Hosted Software
• Gift Card Manager – Hosted Software
• WaiterPAD Advert – Hosted Software
• Triniteq Blackboard – Hosted Software
• Reservations Manager – Hosted Software
• Sales Manager – Hosted Software
• Any additional or future software and/or Hardware registered to Triniteq and/or Triniteq Partner’s – Hosted and/or Cloud Software

Triniteq Platform software:

• Triniteq Platform (Complete product suite) - Cloud Software
• Contact CRM - Cloud Software
• Any additional or future software and/or Hardware registered to Triniteq – Hosted and/or Cloud Software.

Promotional Software

• PowerEPOS (Free of charge under Triniteq's "PowerEPOS 6 Months Free Offer* promotion)

An amendment or addendum to this Software Licence Agreement may accompany the software in PDF format. The Triniteq or Triniteq’s Partner Software supplied is covered by Australian and International Copyright law. The Customer agrees to be bound by the Terms of this Software Licence Agreement by installing and using the Triniteq or Triniteq’s Partner Software.

Triniteq grants to the Customer a non-exclusive, non-transferable, personal licence to use the Software for the purposes described in schedule 1 and schedule 2. The Customer will not copy, or permit any other party to copy, the Triniteq or Triniteq’s Partner Software or any part of it. The Customer must not sell or purport to sell any copies of the Triniteq or Triniteq’s Partner Software. All copies of the Triniteq or Triniteq’s Partner Software, including copies made by Customer, are the property of Triniteq or Triniteq’s Partner. The Customer will not reverse engineer, decompile, disassemble, or otherwise interfere with the Triniteq or Triniteq’s Partner Software, or permit any other party to do any such act. Each of the above Terms is subject to Customer’s rights under Division 4A of the Copyright Act. The Customer must not disable or attempt to disable any device installed in the Triniteq or Triniteq’s Partner Software which controls its security or use. Triniteq or Triniteq’s Partner retain ownership of the source code for the Triniteq or Triniteq’s Partner Software which will not be provided to Customer in any circumstances.

1. Grant of Licence

Triniteq or Triniteq’s Partner Software users will be unable to use Triniteq’s Partner Software licences without the presence of a valid Triniteq licence server authentication, licence key, or Triniteq dongle excluding the WaiterPAD software. If a Triniteq licence server authentication, licence key, or licence dongle is invalid and/or not present, the Customer will be required to purchase an additional Triniteq or Triniteq’s Partner Software product licence (Unless otherwise directed by Triniteq). Triniteq allows the Customer the following rights provided that the Terms of Use of this Software Licence Agreement are maintained.

Installation and use of Triniteq or Triniteq’s Partner Software. The Customer may:

a. Install and use a single licence of Triniteq or Triniteq’s Partner Software on one handheld (WaiterPAD/Tablet device), touch screen (POS terminal), laptop or personal computer.
b. install an additional single copy of the Triniteq or Triniteq’s Partner Software onto a laptop for the purposes of back-office management. Please note this requires a valid Triniteq or Triniteq’s Partner Software licence dongle, licence server authentication, or licence key.

2. Use of Data

The Customer will allow Triniteq staff and/or authorised service providers to gather, store and use technical data for the purposes of software support. For the Terms of Use with regard to the Customer’s privacy please refer to Triniteq’s Privacy Policy on the Triniteq website https://www.triniteq.com/privacy-policy/

3. Links and Interfaces to/with Third-Party Products

Triniteq will not be liable for any third-party products and only provide the ability to link or interface to/with third-party products for the Customer’s ease of use. If difficulties occur with Triniteq’s links or interfaces to/with third party products, Triniteq will endeavour to correct the situation. However, if the problem can be sourced back to the third-party product, or issues outside of Triniteq control, Triniteq will refer the problem to the Customer, or an appropriate contact with the third party. It is then the responsibility of the Customer and/or third-party product/supplier to act on the advice of Triniteq.

4. Additional Software and Services

This Software Licence Agreement applies to all current and future Triniteq or Triniteq’s Partner products including minor and major upgrades, service patches and any add-on components. Additional amendment or addendum to this Software Licence Agreement for the purposes of upgrading may accompany the software in PDF format unless otherwise requested.

5. Not for Resale Software

Any and all Triniteq and Triniteq’s Partner’s Software Products are deemed Not for Resale (NFR) by Triniteq. NFR Software may not be sold or transferred for value or used for any purpose whatsoever other than the demonstration, test, or evaluation of Triniteq’s, or Triniteq’s Partner products.

6. Division of Components

Triniteq’s software range is single-purpose products only. Product components cannot be separated or altered for use on more than one handheld (WaiterPAD/Tablet device), touch screen (POS Terminal), laptop, server, or personal computer.

7. Software Transfer

If transferring of software is required, the Customer may transfer to another touchscreen, POS terminal, laptop, server or personal computer. However, the Customer must first notify Triniteq management or Triniteq (Web, or POS) Support This email address is being protected from spambots. You need JavaScript enabled to view it. prior to transferring and/or removing Triniteq or Triniteq’s Partner Software, and completely remove the software and dongle from the original touch screen, POS terminal, laptop or personal computer. Transferring of the WaiterPAD software is not permitted under any circumstances. Triniteq must be contacted directly with regards to the transferring of any WaiterPAD software.

8. Termination

If the Customer fails to comply with this Software Licence Agreement, Triniteq may choose to terminate any Agreements held with the Customer at Triniteq’s sole discretion. Triniteq understands that errors or misunderstandings may occur and will take this into consideration before termination processes are executed.

9. Back-Up of Data - Hosted Software

Regular back up files of Hosted Software is to be maintained by the Customer and Triniteq is not liable for any damages whatsoever if backing up of the Customer’s Data and/or information has not occurred.

10. Back-Up of Data - Cloud Software

Regular back up files are to be maintained by Triniteq, however Triniteq is not liable for any damages whatsoever if backing up of the Customer’s Data or information has not occurred.

11. Limitation of Liability

The maximum liability of Triniteq shall be limited to the amount paid by the Customer to Triniteq for the Triniteq or Triniteq’s Partner Software component of the original (Customer) purchase. To the maximum extent permitted by applicable law, neither Triniteq nor any of its Partners, distributors, dealers or subsidiaries shall be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, opportunity, or investment, of the like) of the Customer even if Triniteq has been advised of the possibility of such damages or loss. Some countries do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer.

12. Entire Agreement

The Terms of Use/Terms and conditions contained in this agreement constitute the entire agreement between the Customer and Triniteq and supersede any contradictory Terms of any previous agreements, whether oral or written, between the Customer and Triniteq.

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