Triniteq Terms of Use
Schedule 1
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 1
Effective: 1 May 2026
These Terms form part of a suite of six schedules:
Schedule 1 – General Terms of Use (this document)
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
Schedule 1 – Triniteq Support & Sales Agreement – General Terms of Use
- Definitions
In these Terms, the following definitions apply:
Account: Any Triniteq account created by or on behalf of the Customer, or by an End User.
API: The application programming interfaces developed by Triniteq or its Partners enabling access to Triniteq functionality, including PowerEPOS and WaiterPOS system managers.
Confidential Information: All systems, know-how, code, trade secrets, client lists, financial and business information belonging to Triniteq or its Partners, excluding information in the public domain, information already in the Customer's possession before disclosure, or information required to be disclosed by law.
Consumables: Items including, but not limited to, printer ribbons, print heads, paper rolls, cables and protective stationery.
Content: Anything uploaded, posted or transmitted through Triniteq or Triniteq Partner services.
Customer: The individual, business, or entity purchasing, subscribing to, or using Triniteq or Partner products and/or services, including those acting on their behalf.
Customer Data: All electronic data, transaction data, business data, text, messages or other materials submitted to Triniteq or Partner services by the Customer or End Users.
Data: All transactional information collected, stored and used in relation to Triniteq or Partner services.
Effective Date: The date the Customer accepts a sales and/or support agreement, quote, purchase order, maintenance agreement, bundle agreement, subscription or form.
EML: An Excel menu list spreadsheet used for importing menu, product or pricing data.
End User: An individual authorised by the Customer to access Triniteq or Partner services under the Customer's account.
Fee / Fees: The price payable for products and services as agreed in the applicable Schedule and quotation.
Form: Any Triniteq-generated service order form executed or approved by the Customer.
Guarantor: Any person or entity who agrees to be liable for the Customer's debts on a principal debtor basis.
Intellectual Property: All registered and unregistered designs, copyright, moral rights, trademarks, patents and related rights in Triniteq's or Partner's brand, technology, software, source code, data, applications and other materials.
Month: A calendar month.
Outright Purchase: The outright purchase of products under these Terms.
Partner: PowerEPOS Technologies Ltd, and other commercial entities with a contractual alliance with Triniteq.
Price: The price payable for products and services as agreed in the quotation accepted by the Customer, excluding GST.
Product / Hardware / Services / Software / Goods: Products, software, hardware, goods and services supplied by Triniteq or Partners, including the POS platform, tools, API, documentation, and any modifications or enhancements.
Purchase Order: Any purchase order prepared by Triniteq and confirmed by the Customer.
Quote / Quotation: The written quotation provided by Triniteq to the Customer.
SaaS: Software as a Service – the software licence granted to the Customer under these Terms.
Sales Agreement: The quote, proposal, agreement or subscription given to the Customer for the provision of Triniteq or Partner software, goods, products and/or hardware.
Schedules: The schedules that form part of and are incorporated into these Terms, each governing a specific aspect of the relationship between Triniteq and the Customer. Together, the Schedules constitute the complete agreement between the parties. The Schedules are: Schedule 1 – General Terms of Use (this document), Schedule 2 – Triniteq Support and Sales Agreement – Charges, Fees, Payments, Quotes, Purchase Orders and Proposals, Schedule 3 – Triniteq Software Licensing Agreement, Schedule 4 – Triniteq Service Level Agreement and Menu Maintenance Agreement, Schedule 5 – Triniteq Bundled Services Agreement, Schedule 6 – Payment Rebate and Bundled Services Agreement.
Subscription Charges: All charges associated with the Customer's access to and use of Triniteq or Partner services.
Subscription Plan: Any plan offered by Triniteq to which the Customer has subscribed.
Subscription Rent / Rental: The rental of products and services or subscription to a rental arrangement under these Terms.
Support Agreement: The support quote, proposal or agreement given to the Customer for Triniteq support services.
Term: The entire period during which the Customer uses Triniteq or Partner products and services, from the Effective Date, including any extensions.
Terms / Terms of Use: These terms and conditions.
Third Party Facilities: Platforms, services, integrations, applications or resources provided by third parties through which Triniteq or Partner services are delivered, or which are used in conjunction with Triniteq or Partner services.
Triniteq: Triniteq International Pty Ltd and its subsidiaries.
Triniteq Authorised Service Provider: Any person or organisation approved and maintained by Triniteq to provide Triniteq or Partner services.
Triniteq Services: All services, software, products, goods and/or hardware provided by Triniteq, as amended from time to time.
Triniteq Support: Repairs, maintenance, inspections, troubleshooting and support of Triniteq-supplied products.
User: Any person who accesses or uses Triniteq services.
Website: www.triniteq.com and any other website through which Triniteq makes services available.
- Australian Consumer Law
Nothing in these Terms is intended to exclude or limit any applicable rights under the Competition and Consumer Act 2010 (Cth) or the Fair-Trading Acts in each State and Territory of Australia, except to the extent permitted by those Acts. - Acceptance
3.1 The Customer accepts these Terms by instructing Triniteq to supply, or by accepting delivery of, any Triniteq or Partner product or service.
3.2 Where more than one Customer has entered into this agreement, each is jointly and severally liable for all payments.
3.3 The Customer must give Triniteq at least 14 days prior written notice of any proposed change of ownership, business name, contact details or business practice. The Customer is liable for any loss Triniteq incurs due to failure to comply with this requirement.
3.4 Unless otherwise agreed in writing, Triniteq supplies products and services solely on these Terms, which override any conflicting terms in the Customer's purchase order.
3.5 The Customer acknowledges it has satisfied itself as to the suitability of Triniteq products and services for its business and waives any right to rescind or claim damages arising from any inadvertent misrepresentation by Triniteq.
3.6 Triniteq makes no representations as to the accuracy, reliability, completeness or suitability of data collected or stored by any product or integration, and excludes all liability for expenses, losses or damages arising from inaccurate or incomplete data.
3.7 Where the Customer engages Triniteq for software development services, the Customer acknowledges they have read and agreed to the Triniteq Software Development Letter of Understanding or Annex document.
- Supply of Services
Triniteq agrees to provide its services, software, products, goods and/or hardware to the Customer for the Term. Triniteq may subcontract the provision of these services. The Term automatically renews annually unless either party gives written notice of non-renewal at least one month before expiry. - Payment
The Customer must pay for Triniteq services in accordance with Schedule 2 of these Terms. All prices are stated excluding GST unless otherwise specified. - Intellectual Property
Triniteq and/or its Partners retain all intellectual property rights in all software, products, goods, hardware and services, including patents, copyright, trademarks, domain names and confidential information. All improvements or developments, whether made by Triniteq, the Customer, or any third party, remain the property of Triniteq or Partners. - Customer Content and Data
All content and data loaded into the software by the Customer remains the property of the Customer at all times. Triniteq has no rights in such content other than the limited right to use it for the purpose of providing the agreed services. - Licence
Triniteq grants the Customer a non-exclusive, non-transferable, personal licence to use the software for the purposes described in these Terms. The Customer must not:- copy, sell, or distribute Triniteq or Partner software or intellectual property;
- reverse engineer, decompile, or disassemble any Triniteq or Partner software;
- disable or tamper with any security mechanism in Triniteq or Partner software.
- Software Warranty
Triniteq warrants that its services, software, hardware, goods and products will substantially conform to their description and will be provided with reasonable care and skill.
Triniteq does not warrant that services will be error-free or uninterrupted. To the fullest extent permitted by law, Triniteq excludes liability for errors, defects, omissions, or unavailability arising from use of the services or third party integrations.
Under the Australian Consumer Law, services come with guarantees that cannot be excluded. For major failures you are entitled to cancel your service contract and receive a refund for the unused portion, or compensation for reduced value. You are also entitled to compensation for other reasonably foreseeable loss or damage. For non-major failures, you are entitled to have the problem rectified within a reasonable time, or to cancel and receive a refund for the unused portion. - Hardware Warranty
Triniteq warrants hardware manufactured by or for Triniteq (identifiable by the Triniteq tradename or logo) against defects in materials and workmanship for one year from the date of installation. Warranty extensions may be agreed and specified in the Customer's contract.
This is a back-to-base warranty. The Customer must arrange and pay all freight and transport of hardware to and from a Triniteq accredited workshop.
Where a valid warranty claim is received within the warranty period, Triniteq will, at its discretion, repair or replace the hardware and may provide a temporary loan unit during repair.
This warranty does not cover non-Triniteq branded hardware. All warranty repairs must be carried out by Triniteq or a Triniteq Authorised Service Provider.
The warranty does not apply to:- general wear and tear;
- damage from misuse, mishandling, neglect, accidents, incorrect voltage, or failure to follow operating instructions;
- repairs or maintenance carried out by non-authorised persons;
- liquid spillage or environmental damage (flood, fire, earthquake, etc.);
- failure from arduous or unreasonable operating conditions;
- incorrect installation;
- non-Triniteq consumables that do not meet acceptable industry standards;
- hardware with altered or removed serial numbers;
- damage from faulty cabling, electrical faults, power spikes or surges;
- unauthorised modifications;
- consumables, including printer ribbons, print heads, touchscreen overlays and similar items;
- inadequately packaged returns;
- freight or delivery damage;
- second-hand or pre-owned hardware.
- Hardware Repairs
Hardware repairs are not included in a Triniteq Support Agreement and will be charged in addition, except where covered by the Triniteq hardware warranty set out in clause 10. - Loan / Rental Equipment
12.1 Where hardware requires warranty repair, Triniteq will endeavour to provide loan equipment of a similar standard where available. Additional charges may apply for freight and set-up of loan equipment.
12.2 Loan equipment is available only to Customers with valid Support and/or Maintenance Agreements.
12.3 Rental equipment may be available for a rental fee.
12.4 The Customer is liable for the full cost of repair if loan or rental equipment is damaged during use or in transit.
12.5 All rental and loan equipment is subject to a signed loan or rental agreement, which is executed as a separate document to these Terms of Use.
- No Other Warranties
Except as set out in clauses 9 and 10, or as implied by law, Triniteq gives no other guarantee or warranty. All other guarantees, conditions, warranties or remedies are excluded to the maximum extent permitted by law. - Remedy for Breach of Warranty
Subject to any law which prohibits limitation of liability, Triniteq's liability for breach of any warranty is limited, at Triniteq's option, to one or more of the following:
For software, products, goods and/or hardware:- replacement or re-supply;
- repair or correction;
- payment of the cost of replacement or repair.
- re-supply of the services; or
- payment of the cost of having the services re-supplied.
- Limitations of Liability
To the extent permitted by law, Triniteq's warranties are exclusive and in lieu of all other warranties, conditions and remedies, whether oral, written, statutory, express or implied, including warranties of merchantability and fitness for a particular purpose.
Triniteq is not responsible for any direct, special, incidental or consequential damages arising from breach of warranty or any other legal theory, including loss of revenue, profits, savings, business, opportunity, goodwill, reputation, or data. - Authorised Service Providers
Only Triniteq Authorised Service Providers may service the Customer's Triniteq hardware, software, goods and products. A list of Authorised Service Providers is available at: https://triniteq.com/approved-service-providers
If services are performed by a non-authorised person, all Triniteq warranties are immediately voided and Support & Maintenance Agreements are suspended until an Authorised Service Provider reinstalls and reprograms all affected hardware and software.
Triniteq Authorised Service Providers may be authorised to service Triniteq or Partner Products, as specified by Triniteq. Authorisation may only be granted or revoked by Triniteq management. - Support Services
17.1 Support services will not be provided if the Customer's account exceeds Triniteq's trading terms (14 days) or if the Customer is in breach of these Terms.
17.2 Support covers Triniteq-supplied hardware and software only. Non-Triniteq hardware and software are not included in any support agreement.
17.3 The Customer must maintain a minimum internet connection of 5/1 Mbps (download/upload) to receive remote support. If this requirement is not met, additional fees will apply for services that would otherwise be resolved remotely.
17.4 If the Customer's ISP changes or internet service is interrupted, an onsite or remote visit may be required to reconfigure network and remote access. Standard or after-hours fees apply in accordance with Schedule 2 of these Terms.
17.5 To receive inclusive software upgrades, the Customer must be using WaiterPOS Version 8 or above, Insights, Sales Analyst, or PowerEPOS. Major version upgrades to bring the software up to WaiterPOS Version 8 where applicable, are chargeable. PowerEPOS, PowerEPOS Stock, Insights and Sales Analyst upgrades are included in the SaaS/Subscription price.
17.6 Inclusive WaiterPOS upgrades require a continuous support contract of at least one year, are offered annually (one per customer per year), by request only, and are delivered remotely.
17.7 On-site support is subject to Authorised Service Provider availability. Where on-site attendance is not available, support will be provided remotely.
- Direct Debit and Payment by Card
18.1 Customers using PowerEPOS, Sales Analyst, PowerEPOS Stock and/or Insights must provide a valid credit or debit card to Triniteq's payment providers (Triniteq's approved third party payment processors). The card must remain valid with sufficient funds for all charges during the subscription period.
18.2 By submitting card details to Triniteq's approved third party payment processors, the Customer agrees to the relevant provider's privacy policy and end user licensing agreement (EULA). Triniteq accepts no liability for any issues, irregularities or changes associated with those platforms.
18.3 The Customer must advise Triniteq if a nominated card is to expire, be dishonoured or closed.
18.4 If a payment is returned or dishonoured, Triniteq will contact the Customer and redraw within three business days. Any transaction fees incurred will be charged to the Customer in addition to the outstanding amount.
18.5 Under a Direct Debit Request (DDR) arrangement, Triniteq will periodically debit the Customer's nominated account for the agreed SaaS, subscription, support or purchase order fees.
- Triniteq will give at least 14 days' notice of any changes to the initial arrangement.
- The Customer may request changes (including deferral, alteration, suspension or cancellation of the DDR) by contacting accounts@triniteq.com with at least 30 days notice.
18.6 All DDR enquiries should be directed to Triniteq, not to the Customer's financial institution, at least 30 working days before the next scheduled drawing. All correspondence must include the Customer's name and business details.
18.7 If the Customer believes a drawing has been made in error, they should contact Triniteq on +61 (0) 8 9302 0800 or accounts@triniteq.com during Western Australian business hours. If the matter is not resolved, the Customer may contact their financial institution. If Triniteq cannot substantiate a drawing, a refund will be issued.
18.8 The Customer is responsible for ensuring the nominated account can accept direct debits, that sufficient cleared funds are available on the drawing date, and that Triniteq is notified of any account changes.
18.9 If the Customer does not establish a direct debit arrangement for recurring SaaS, subscription, support or purchase order fees, invoices will be issued monthly and a $15.00 (ex. GST) account keeping fee will apply per invoice.
19.1 Subject to compliance with these Terms, Triniteq grants the Customer a non-exclusive, non-transferable licence to use Triniteq or Partner software and services, being either:
(a) PowerEPOS and related services, delivered as a Software as a Service (SaaS) subscription; or
(b) WaiterPOS and related services, delivered as hosted or on-premises software under a separate licence arrangement,
in each case in accordance with the Customer's applicable subscription or licence plan.
19.2 Access is restricted to the number of End Users permitted under the applicable plan. Each End User must have a unique login. Logins must not be shared among multiple individuals.
19.3 Triniteq is not liable for any third-party content on linked websites or transmitted through its services.
19.4 For PowerEPOS and related services (SaaS), a high-speed internet connection is required. The Customer is responsible for maintaining network connections and compatible browser software. Triniteq is not responsible for the performance of internet connections or software not operated by Triniteq.
For WaiterPOS and related services (hosted/on-premises), the Customer is responsible for maintaining the hardware, server environment, and network infrastructure required to operate the software in accordance with Triniteq's minimum specifications.
19.5 PowerEPOS services may be periodically unavailable, including for maintenance. Triniteq will endeavour to schedule planned downtime during off-peak hours (AWST) and to notify the Customer in advance. For WaiterPOS, scheduled maintenance windows will be communicated to the Customer in advance where reasonably practicable.
19.6 Triniteq may temporarily suspend or restrict access to either platform if malicious software is detected, or if circumstances beyond Triniteq's reasonable control affect the services.
- Customer Conduct
By accepting these Terms, the Customer agrees to:- maintain the security and confidentiality of their account, login details and passwords;
- use the services in accordance with all applicable Australian and Western Australian laws;
- take responsibility for all activities under their account and compliance by their End Users;
- ensure their use of Triniteq services for storing and transmitting data complies with all applicable laws;
- maintain accurate and current account information.
- sublicence, resell, transfer, assign, distribute or commercially exploit Triniteq or Partner services to any third party outside of authorised End Users;
- modify, adapt or attempt to gain unauthorised access to Triniteq or Partner services or related systems;
- falsely imply any sponsorship or association with Triniteq or its Partners;
- send unsolicited communications, spam or pyramid schemes using Triniteq or Partner services;
- store or transmit content that infringes any person's intellectual property rights;
- interfere with or disrupt the integrity or performance of Triniteq or Partner services;
- reverse engineer any software making up Triniteq or Partner services;
- upload or transmit viruses, malware, or other harmful software;
- store or transmit "protected health information" through Triniteq or Partner services.
- Support Plan Inclusions and Exclusions
WaiterPOS Support
21.1 WaiterPOS Telephone and Premium Support – Included
The following services are included within a Triniteq WaiterPOS Telephone/Premium support plan and are not charged additionally:- Remote/dial-in support for issues with Triniteq or Partner WaiterPOS software not operating as designed.
- Remote support for operational issues with Triniteq or Partner WaiterPOS software.
21.2 WaiterPOS Support – Not Included
The following services are chargeable in addition to any WaiterPOS support plan:- Configuration, PLU, pricing and menu changes
- Additional reporting templates and automated reports
- Third-party integration and export file/data creation and implementation
- EFTPOS integration, configuration and implementation
- Reinstallation of Triniteq or third-party software on repaired or non-Triniteq hardware
- Reinstallation of software on hardware infected by malware, ransomware or viruses
- Installation and configuration of software on loan equipment
- Back office computer/server software migrations
- Microsoft SQL upgrades or archiving
- Project scoping and consultation
- Training
- Software development
- General system configuration
- Hardware repairs
- Third-party interface configuration and implementation
- Consultation with the Customer or third parties regarding Triniteq or Partner Products
- General information technology services
- Any other services not expressly included above
21.3 PowerEPOS Email/Telephone Support – Included
The following services are included within a PowerEPOS support plan:- Remote/online support for issues with PowerEPOS software not operating as designed.
- Remote support for operational issues with PowerEPOS software.
21.4 PowerEPOS Email/Telephone Support – Not Included
The following services are chargeable in addition to any PowerEPOS support plan:- Configuration, PLU, pricing and menu changes
- Additional reporting templates and automated reports
- Third-party integration and export file/data creation and implementation
- EFTPOS integration, configuration and implementation
- Reinstallation of Triniteq or third-party software on repaired or non-Triniteq hardware
- Reinstallation of software on hardware infected by malware, ransomware or viruses
- Installation and configuration of software on loan equipment
- Back office computer/server software migrations
- Microsoft SQL upgrades or archiving
- Project scoping and consultation
- Training
- Software development
- General system configuration
- Hardware repairs
- Third-party interface configuration and implementation
- Consultation with the Customer or third parties regarding Triniteq or Partner Products
- General information technology services
- Any other services not expressly included above
- Callouts
22.1 A callout is any visit requiring a Triniteq representative to attend the Customer's premises to support, repair or maintain the Customer's Triniteq or Partner system. A callout will only occur with the Customer's consent and if deemed necessary after all remote resolution options have been exhausted.
22.2 For any callout, the Customer agrees to pay a callout fee of $160.00 (ex GST) for all travel by the Triniteq Authorised Service Provider during business hours to and from the Customer's premises. Where the Customer is located more than 50km from a Triniteq Authorised Service Provider (Level 2 or above), additional travel charges will also apply.
- Support Agreement Renewal and Cancellation
23.1 All WaiterPOS support plans automatically renew at end of term unless written cancellation is received by Triniteq at least 30 days before the expiry date.
23.2 If the Customer requests immediate cancellation of a WaiterPOS Telephone or Premium POS Support Agreement, a cancellation fee equal to 30 days of support at the Customer's normal support rate will apply.
23.3 Triniteq will review and provide renewal notification to the Customer one month before expiry, including any rate changes.
23.4 The minimum term for a Telephone Support plan is 3 months. The minimum term for a Premium Support plan is 6 months.
- Privacy
The Customer consents to Triniteq holding and using personal and business information for the purposes of providing the agreed services. This information is held in accordance with Triniteq's Privacy Policy at www.triniteq.com/privacy-policy.
The Customer is responsible for ensuring they comply with their own privacy obligations to their clients. The Customer warrants they have authority or consent to provide all personal information to Triniteq for the purpose of Triniteq supplying Triniteq or Partner services. - Privacy Act 1988
25.1 The Customer and/or Guarantors agree that Triniteq may obtain a credit report from a credit reporting agency in relation to credit provided by Triniteq.
25.2 The Customer and/or Guarantors agree that Triniteq may exchange credit information with nominated trade referees or credit providers to:
- assess applications or orders;
- notify other credit providers of defaults;
- exchange account status information where the Customer is in default;
- assess the creditworthiness of the Customer and/or Guarantors.
25.3 The Customer consents to Triniteq obtaining a consumer credit report to collect overdue payments on commercial credit (Section 18K(1)(h) Privacy Act 1988).
25.4 Personal credit information may be used by Triniteq for the provision of services, credit assessment, processing of payment instructions, and management of the Customer's account.
25.5 Triniteq may provide information to a credit reporting agency for the purposes of obtaining a consumer credit report or maintaining a credit information file.
- Personal Property Securities Act (PPSA)
26.1 These Terms constitute a security agreement under the PPSA. A security interest exists in all Triniteq or Partner Products and services supplied to the Customer, including any proceeds.
26.2 The Customer consents to Triniteq registering and maintaining a security interest on the PPSA register. Triniteq may register a financing statement or financing change statement at any time.
26.3 The Customer agrees to take all steps reasonably required by Triniteq to maintain a perfected security interest, including executing documents and providing information. The Customer must not:
- create any security interest or lien over Triniteq products other than in favour of Triniteq;
- demand that Triniteq register a financing change statement under the PPSA;
- sell, lease or otherwise deal with Triniteq products without Triniteq's written consent;
- allow Triniteq or Partner Products to become commingled with non-Triniteq assets;
- fail to notify Triniteq of any changes to its details within five days of the change.
26.4 The Customer agrees not to disclose information referred to in section 275(1) of the PPSA to any interested person, and waives any right to authorise such disclosure, except where required under subsections 275(7)(b), (d) and (e) of the PPSA.
26.5 The Customer waives its rights under section 157(3) of the PPSA to the extent permitted.
26.6 Where Chapter 4 of the PPSA applies and section 115(1) allows contracting out, the Customer agrees the following PPSA provisions will not apply: sections 95, 96, 118, 121(4), 123(2), 125, 129(2), 130, 132(3)(d), 132(4), 135, 142 and 143.
26.7 Where section 155(7) allows contracting out, the Customer agrees the following PPSA provisions will not apply: sections 127, 129(2) and (3), 130(1), 132, 134(2), 135, 136(3)(4) and (5), and 137.
26.8 The Customer agrees to promptly reimburse Triniteq for all costs incurred in registering, maintaining or releasing any PPSA registration.
26.9 The Customer irrevocably grants Triniteq the right to enter the Customer's property without notice to exercise Triniteq's rights under sections 123 or 128 of the PPSA. The Customer indemnifies Triniteq against any third-party claims arising from such entry.
- Liability
Subject to any law which prohibits exclusion or limitation of liability, Triniteq will not be liable to the Customer (whether for breach of contract, negligence or otherwise) for any loss or damage arising from the use, supply or availability of Triniteq or Partner services. The Customer acknowledges that Triniteq or Partner services may contain errors or omissions. - Consequential Loss
Subject to any law which prohibits exclusion or limitation of liability, Triniteq will not be liable for any special, incidental, indirect or consequential damages, including loss of profits, business interruption, loss of data, or third-party claims, arising from use of Triniteq or Partner services, even if Triniteq has been advised of the possibility of such damages. - Use of Customer Data
Subject to any law which prohibits exclusion of liability, Triniteq excludes liability for any interpretation or use of Customer data, results or other information generated by use of Triniteq or Partner services. The Customer acknowledges such data may contain errors or omissions. Triniteq will not be liable for any loss or damage arising from reliance on, or use of, Customer data. - Third Party Facilities
The Customer acknowledges that Triniteq relies on Third Party Facilities to deliver its Services, and that such facilities may fail or become unavailable through no fault of Triniteq. Subject to applicable law, Triniteq excludes all liability for loss or damage caused by defects, faults, failures or unavailability of Third Party Facilities. - Resources and Access
The Customer must provide, at their own cost, all resources, access, co-operation and assistance reasonably required by Triniteq, including:- necessary equipment, materials and information;
- all facilities and services required for Triniteq to fulfil its obligations;
- a suitably qualified representative, IT professional, or other assistance within the Customer's knowledge or control, when requested.
- Compliance with Laws
The Customer must comply with all applicable laws, regulations and codes of practice in connection with their use of Triniteq or Partner Services. The Customer must not use Triniteq or Partner Services for any illegal purpose, including:- unlawful, harassing, defamatory, abusive, threatening or obscene communications;
- content that infringes any third party's copyright, trademark, trade secret or privacy rights;
- content that constitutes a criminal offence, gives rise to civil liability, or facilitates tax evasion;
- objectionable material including bigotry, racism or content promoting illegal activities;
- spam, chain letters or unsolicited mass communications;
- viruses, malware or other harmful files;
- pornographic material of any kind distributed to persons under 18.
- Security
Triniteq will implement reasonable measures to protect the integrity and security of Customer data. The Customer acknowledges that data security may be compromised despite such measures, or due to failure of Third Party Facilities. Subject to applicable law, Triniteq excludes liability for any loss arising from a security breach, unauthorised access, or loss of data. - Updates
34.1 Where the Customer is entitled to updates or upgrades, these will be provided at such time as Triniteq determines they are available and compatible. Triniteq reserves the right to refuse, disallow or delay updates at any time.
34.2 Updates or upgrades outside the scope of the Customer's service agreement are available only upon payment. Once paid, such updates are incorporated into the agreed Services.
- Prohibited Use
The Customer must not:- disrupt or interfere with any other user's use of Triniteq or Partner Services;
- access or attempt to access another person's account or system without authorisation;
- forge header or address information or impersonate another person;
- systematically harvest data or email addresses from any website other than those owned by the Customer;
- use Triniteq or Partner Services to send unsolicited emails or communications;
- use Triniteq or Partner Services for illegal, dishonest, criminal or illicit purposes;
- abuse, manipulate, misrepresent or falsify data;
- fail to comply with all applicable privacy and data collection laws.
- Indemnity
The Customer agrees to indemnify Triniteq and keep Triniteq indemnified against any loss or damage (including legal costs) arising from the Customer's breach of these Terms, including any claim brought against Triniteq by a third party as a result of such breach. - Termination
Triniteq may terminate this agreement with immediate effect by giving notice to the Customer if:- the Customer is in breach of this agreement and the breach is incapable of remedy;
- the Customer fails to remedy a remediable breach within 30 days of written notice;
- the Customer fails to pay any amount due within 30 days of an invoice or within 14 days of a written demand;
- the Customer becomes subject to winding up, liquidation, appointment of a receiver, or any other insolvency event;
- Triniteq discontinues the relevant services.
- Confidentiality
Each party must keep confidential all confidential information of the other party disclosed under this agreement. Triniteq's Confidential Information includes unpublished content, methodology, intellectual property, and business information, other than information in the public domain or information which enters the public domain otherwise than by breach of this agreement. - PowerEPOS Technologies Ltd
Where Triniteq services include software or products supplied by PowerEPOS Technologies Ltd, the Customer acknowledges that use of those products is also subject to the PowerEPOS Technologies Ltd End User Licensing Agreement (EULA), as updated from time to time. Further information can be found in Schedule 3 – Triniteq Software Licensing Agreement. - General
40.1 Severance: If any provision of these Terms is invalid or unenforceable, it is severed without affecting the remainder.
40.2 Assignment: The Customer may not assign rights or delegate obligations without Triniteq's prior written consent. Triniteq may assign this agreement to any member of its group or in connection with a merger, change of control or sale of assets, provided any successor agrees to fulfil its obligations under these Terms.
40.3 Entire Agreement: These Terms, together with any Schedules, Forms, Agreements, and Subscription Plan, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements, representations and negotiations.
40.4 Amendments: Triniteq may amend these Terms on notice. The Customer's continued use of Triniteq services after receipt of notice constitutes acceptance of the amended Terms. If the Customer does not accept the amended Terms, they must discontinue use and terminate their account.
40.5 Waiver: Failure by Triniteq to enforce any provision of these Terms does not constitute a waiver of that provision.
40.6 Notices: Any notice must be in writing. Triniteq may provide notice by posting on the Website or emailing the Customer's registered email address. The Customer must give notice to Triniteq by emailing accounts@triniteq.com.
40.7 Force Majeure: Neither party is liable for any delay or failure to perform due to circumstances beyond their reasonable control.
40.8 Copyright: All software supplied is protected by Australian and international copyright law. It is unlawful to copy hardware or software for any purpose other than backup.
40.9 Words with Capital Letters: Words and expressions appearing in this agreement in capital letters are defined terms used for convenience and ease of reference only. The use of capitalisation does not, of itself, confer any additional legal significance, weight, or effect beyond the meaning ascribed to such terms within this agreement.
40.10 Singular and Plural: Words denoting the singular include the plural and words denoting the plural include the singular.
40.11 Authority: Any person entering into this agreement on behalf of others warrants that they have authority to do so. This agreement is binding on all entities specified in the relevant Schedules, Forms, Support Agreement, Maintenance Agreement, subscription or sales agreement.
40.12 Governing Law: This agreement is governed by the laws of Western Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
40.13 Survival: Clauses 36 (Indemnity), 38 (Confidentiality) and 39 (PowerEPOS Technologies Ltd) survive termination of this agreement.
Triniteq International Pty Ltd | Schedule 1 – General Terms of Use | Effective 1 May 2026
Go to:
Schedule 3 – Triniteq Software Licensing Agreement
Schedule 4 – Triniteq Service Level Agreement & Menu Maintenance Agreement