Triotek: Terms of Use

By accessing or using Triotek’s websites, portals, guest Wi-Fi platform, campaign tools, account services, support channels or any related online services, you agree to these Terms of Use. If you do not agree, you must not use the services.

Introduction and Company Information

These Terms of Use govern the relationship between you and Triotek (Pty) Ltd, registration number 2023/804559/07, a private company registered in the Republic of South Africa, operating from Pretoria, Gauteng, South Africa ("Triotek", "we", "us" or "our").

Triotek provides technology services which may include websites, online portals, guest Wi-Fi access services, captive portal services, customer registration flows, voucher and access management, campaign-related functionality, reporting, integrations, support services and related digital tools.

These Terms apply to triotek.co.za, portal.triotek.co.za, any related Triotek domains, subdomains, login pages, guest Wi-Fi splash pages, portals, dashboards, APIs, digital forms and support channels made available by Triotek from time to time.

You can contact us at help@triotek.co.za or on 087 821 7274.

These Terms must be read together with our Privacy Policy, Campaigns Policy, any applicable service agreement, proposal, order form, service schedule, acceptable use policy, venue-specific access rules and any other written terms accepted by you or your organisation.

Definitions

In these Terms, unless the context indicates otherwise:

"Account" means a user profile, venue profile, administrator profile, customer profile or other login created on or through the Triotek services.
"Content" means text, images, branding, logos, campaign material, messages, data, files, links, forms, reports, analytics, software output and any other material made available through the services.
"Customer", "you" or "your" means any visitor, user, registered user, venue, reseller, client, administrator, guest Wi-Fi user or other person accessing or using the services.
"Guest Wi-Fi Services" means Wi-Fi access, captive portal, registration, authentication, voucher, campaign, reporting and related functionality made available through Triotek or through venues, resellers or network operators using Triotek technology.
"Personal Information" has the meaning given to it under the Protection of Personal Information Act, 4 of 2013 ("POPIA").
"Services" means all websites, portals, applications, guest Wi-Fi tools, dashboards, campaign tools, communication tools, integrations, APIs, support services and related technology provided or facilitated by Triotek.
"Venue" means a business, location, property, network site, hospitality establishment, residential estate, reseller site or other place where Triotek-enabled services are made available.

Acceptance of These Terms

You accept these Terms when you access our websites, create an account, log into a portal, connect to a Triotek-enabled guest Wi-Fi service, submit a form, use a voucher, participate in a campaign, request support, use an integration, or otherwise use any part of the services.

If you use the services on behalf of a company, venue, reseller, association, body corporate or other organisation, you confirm that you have authority to bind that organisation to these Terms. In that case, references to "you" include both you personally and the organisation you represent.

If there is a conflict between these Terms and a signed written agreement between Triotek and a client, the signed written agreement will take precedence for that specific client relationship, but these Terms will continue to apply where they are not inconsistent with that agreement.

Eligibility and Minors

You may only use the services if you are legally capable of entering into a binding agreement under South African law, or if you are using the services with the consent and supervision of a parent, guardian, employer, venue owner or other authorised person.

Children and persons under 18 may not create administrative, venue, reseller or campaign accounts unless authorised by a parent, legal guardian or responsible organisation. Where a minor accesses guest Wi-Fi at a venue, the venue may apply additional access rules or consent requirements.

Services Provided Through Venues, Resellers and Third Parties

Some services are made available through venues, resellers, network operators, landlords, employers, event organisers or other third parties. In those cases, Triotek may provide the technology platform while the venue or third party may remain responsible for the physical network, internet line, access rules, local support arrangements, user permissions, pricing, venue policies and the condition of its own equipment.

Triotek is not responsible for the availability, speed, coverage, quality, security or performance of physical Wi-Fi infrastructure, internet connectivity, routers, access points, cabling, switches, power supply or third-party systems unless Triotek has expressly accepted that responsibility in a separate written agreement.

Venue owners, resellers and administrators are responsible for ensuring that their own use of the services is lawful, that their end users are properly informed, and that any notices, consents, campaign permissions or venue-specific rules required by law are obtained and maintained.

Accounts, Login Details and Security

You are responsible for keeping your usernames, passwords, OTPs, access links, API keys, vouchers, administrative credentials and devices secure. You must not share administrative access with unauthorised persons or allow another person to use your account unless permitted by Triotek in writing.

You must notify Triotek as soon as reasonably possible if you suspect unauthorised access, compromise of credentials, misuse of an account, unauthorised campaign activity, a data incident or any security issue affecting the services.

Triotek may suspend, restrict or reset access where we reasonably believe that an account, credential, voucher, device, campaign or integration is being misused, compromised, used unlawfully or used in a way that may harm Triotek, a venue, a customer, an end user, a third party or the services.

Permitted Use

You may use the services only for lawful purposes, in accordance with these Terms, applicable laws, accepted internet practices, venue rules and any written agreement with Triotek.

You agree that you will not:

use the services for unlawful, fraudulent, abusive, harmful, misleading, threatening, defamatory, discriminatory, obscene or malicious activity;
attempt to gain unauthorised access to any system, account, network, server, database, router, access point, API, dashboard or data;
interfere with, overload, disrupt, bypass, scan, scrape, probe, reverse engineer, attack or compromise the services or any connected infrastructure;
use the services to send spam, unlawful direct marketing, unsolicited bulk messages, malware, phishing attempts, deceptive links or harmful code;
upload, submit or distribute content that infringes intellectual property rights, privacy rights, data protection rights or any other rights of another person;
use guest Wi-Fi services to access, distribute or promote illegal content, child exploitation material, hate speech, malware, hacking tools or any activity prohibited by law;
misrepresent your identity, organisation, authority, contact details, device details, consent status, campaign permissions or relationship with Triotek;
sell, resell, sublicense or commercially exploit the services unless you have a written reseller or commercial agreement with Triotek;
remove copyright notices, branding, disclaimers, legal notices or security notices from the services; or
use the services in a manner that may damage Triotek’s reputation, systems, customers, venues, suppliers or partners.

Guest Wi-Fi Access and Network Use

Guest Wi-Fi access may be subject to registration, authentication, voucher limits, time limits, data limits, speed limits, campaign permissions, venue rules, fair usage rules, device limits and other access controls.

Access may be suspended, limited or terminated where there is suspected abuse, excessive usage, security risk, unlawful activity, breach of these Terms, breach of venue rules, network failure, maintenance requirement or instruction from the relevant venue, reseller or network owner.

Triotek does not guarantee uninterrupted, error-free, secure or high-speed internet access. Wi-Fi and internet services may be affected by signal strength, device settings, user location, interference, building layout, upstream internet providers, load shedding, power failures, equipment faults, third-party outages, firewall rules and other factors outside Triotek’s direct control.

Campaigns, Marketing and Communications

Where the services include campaign, SMS, email, WhatsApp, customer database, audience management or marketing functionality, you are responsible for using those tools lawfully and ethically.

You must not send marketing or campaign messages unless you have a lawful basis to do so, including any consent, opt-in, existing customer relationship or other basis required under POPIA, the Consumer Protection Act, the Electronic Communications and Transactions Act and any other applicable law.

You must respect opt-out, unsubscribe, stop, suppression and communication preference requests. You must not upload or use purchased, scraped, unlawfully obtained or third-party contact lists unless you have the right to use them for the intended purpose.

Triotek may suspend or refuse campaigns that appear unlawful, misleading, harmful, abusive, high-risk, reputationally damaging, technically unsafe, likely to generate complaints, or inconsistent with our policies.

WhatsApp and Electronic Messages

We may use WhatsApp Business, email, SMS, phone calls, in-platform notifications or other electronic communication channels to provide registration messages, OTPs, account alerts, support updates, transactional information, service notices, campaign-related communication, incident feedback and other service-related messages.

Where WhatsApp is used for OTPs, account messages or support, you confirm that you are entitled to use the number supplied and that you understand sensitive service information may be sent to that number. You are responsible for keeping your contact details up to date.

You may opt out of non-essential communications where the law allows this. Some transactional, security, account, support or service messages may remain necessary for the proper operation of the services.

Your use of WhatsApp is also subject to WhatsApp’s own terms, privacy notices and platform rules. Triotek is not responsible for WhatsApp outages, delivery failures, number changes, device compromise, third-party platform restrictions or WhatsApp policy changes.

Your Content and Data

You remain responsible for the content, data, branding, logos, campaign wording, forms, images, links, customer lists, user details, venue information, integrations and other material you upload, submit, configure or make available through the services.

You confirm that you have all rights, permissions, consents and lawful bases required to submit, upload, process, store, display, transmit or use that content and data through the services.

You grant Triotek a limited, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display, adapt and use your content and data only as reasonably necessary to provide, operate, secure, support, improve and maintain the services, comply with law, enforce these Terms and perform our obligations.

Triotek may remove, restrict or disable content that we reasonably believe is unlawful, harmful, infringing, misleading, unsafe, technically disruptive, in breach of these Terms or likely to expose Triotek, a customer, a venue, a user or a third party to risk.

Personal Information and Privacy

Triotek processes Personal Information in accordance with POPIA, our Privacy Policy and any applicable data processing terms agreed with a customer or venue.

Depending on the service and the context, Triotek may act as a responsible party, operator or independent service provider. Venue owners, resellers, campaign administrators and clients may also have their own privacy obligations towards users, guests, customers, tenants, employees or visitors.

You must not use the services to collect or process Personal Information unlawfully, excessively, deceptively or for purposes that were not properly disclosed to the relevant person.

Where you use the services to collect guest Wi-Fi registrations, customer data, campaign opt-ins, support details or other Personal Information, you are responsible for ensuring that your notices, consents, instructions, retention periods and processing activities comply with applicable law.

Intellectual Property Rights

All rights in Triotek’s websites, portals, software, dashboards, source code, workflows, designs, templates, documentation, logos, branding, trade names, databases, reports, platform structure, user interface, know-how and related materials remain owned by Triotek or its licensors.

Except for the limited right to use the services in accordance with these Terms, no rights are transferred to you. You may not copy, reproduce, modify, publish, sell, lease, sublicense, distribute, reverse engineer or create derivative works from the services unless permitted by law or agreed by Triotek in writing.

Any feedback, suggestions, ideas or improvement requests you provide may be used by Triotek without obligation to compensate you, provided we do not use your confidential information unlawfully.

Fees, Billing and Paid Services

Some services may be free, trial-based, venue-funded, reseller-funded or included in a separate commercial agreement. Other services may require payment of setup fees, licence fees, subscription fees, usage fees, campaign fees, support fees, integration fees, SMS or messaging costs, data costs or other charges.

Where fees apply, the applicable quotation, proposal, service schedule, invoice, order form or written agreement will set out the relevant charges, billing cycle, payment terms and taxes. Unless otherwise stated, fees are exclusive of VAT and are payable in South African Rand.

Triotek may suspend or restrict paid services for non-payment, suspected fraud, chargebacks, breach of these Terms or breach of a written agreement, subject to any notice periods or remedies required by applicable law or agreed in writing.

Third-Party Services and Integrations

The services may integrate with or depend on third-party platforms, networks, APIs, payment providers, messaging providers, cloud hosting providers, internet service providers, mapping services, routers, access points, social platforms, accounting platforms, CRM systems or other external services.

Third-party services are governed by their own terms, pricing, limits, uptime, security practices, privacy notices and acceptable use rules. Triotek is not responsible for third-party outages, API changes, rate limits, pricing changes, data loss, errors, delays, rejected messages, unavailable integrations or changes to third-party terms.

You authorise Triotek to access, transmit, receive and process data through third-party services where this is necessary to provide the services or where you configure or request an integration.

Availability, Maintenance and Changes

Triotek will take reasonable steps to keep the services available, secure and functional, but we do not guarantee uninterrupted availability, permanent access, error-free operation or compatibility with every device, browser, network, router, third-party service or configuration.

We may perform maintenance, updates, security changes, upgrades, fixes, migrations, feature changes or platform improvements from time to time. Where practical, we may provide notice of material planned maintenance, but emergency work may be performed without prior notice.

Triotek may add, remove, suspend, modify or replace features where reasonably necessary for security, legal compliance, operational stability, product improvement, commercial reasons, third-party changes or customer requirements.

Support

Support may be provided by email, phone, WhatsApp, ticketing tools, portal messages or other channels made available by Triotek. Support availability, response times, escalation processes and included services may differ depending on the applicable package, written agreement, venue arrangement or reseller arrangement.

Unless expressly agreed in writing, support does not include responsibility for third-party infrastructure, physical network design, customer-owned equipment, end-user devices, third-party internet lines, power supply, cabling, switches, routers, access points, operating systems, browsers, malware, user error or systems outside Triotek’s control.

Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis, except where a written agreement states otherwise or where a warranty cannot lawfully be excluded.

Triotek does not warrant that the services will always be available, uninterrupted, secure, error-free, compatible with every environment, free from harmful components, or that any specific commercial, technical, marketing, reporting or operational result will be achieved.

Information made available through the services is for general operational and informational purposes and should not be treated as legal, financial, tax, accounting, security or professional advice.

Limitation of Liability

To the maximum extent permitted by South African law, Triotek will not be liable for indirect, incidental, special, punitive or consequential loss or damage, including loss of profit, revenue, business, goodwill, data, customers, opportunity, savings, reputation, connectivity, campaign performance or service availability.

Triotek will not be liable for loss or damage caused by your breach of these Terms, incorrect information supplied by you, unauthorised account use, third-party services, third-party infrastructure, internet failures, power failures, device issues, cyberattacks, malware, venue network issues, force majeure events or matters outside Triotek’s reasonable control.

Where liability cannot lawfully be excluded, Triotek’s liability will be limited to the remedies required by applicable law. Where the law allows a monetary limitation and no separate written agreement applies, Triotek’s aggregate liability will be limited to the amount paid by you to Triotek for the affected service during the three months preceding the event giving rise to the claim.

Indemnity

You indemnify Triotek, its directors, employees, contractors, service providers, partners and representatives against any claims, losses, damages, penalties, fines, costs, expenses or liabilities arising from:

your breach of these Terms or any applicable law;
your misuse of the services or unauthorised use of an account;
content, data, contact lists, campaign material or instructions supplied by you;
your failure to obtain required consents, permissions or lawful bases;
claims by end users, customers, guests, venues, employees, tenants, regulators or third parties arising from your use of the services; or
your infringement of intellectual property, privacy, data protection, consumer protection or other rights.

Suspension and Termination

Triotek may suspend, restrict or terminate access to all or part of the services if you breach these Terms, fail to pay applicable fees, create security or legal risk, misuse the services, provide false information, cause harm to the platform, infringe third-party rights, or use the services in a way that may expose Triotek or others to liability.

You may stop using the services at any time. Termination of access does not affect any amounts already due, accrued rights, legal obligations, confidentiality obligations, indemnities, limitations of liability or clauses intended to survive termination.

Electronic Communications and Records

You agree that communications, notices, agreements, disclosures, invoices, service messages, OTPs, support records and other records may be provided electronically, including through email, portal notifications, SMS, WhatsApp, electronic documents or other digital channels.

Electronic records, logs, timestamps, authentication events, system records, campaign records, support tickets, portal actions and data generated by the services may be used as evidence of activity, instructions, access, consent, delivery attempts, configuration changes or service usage, unless proven incorrect.

Confidentiality

You must keep confidential any non-public information obtained through the services, including pricing, technical information, credentials, system details, customer data, venue data, reports, API keys, security information and business information.

Triotek will take reasonable steps to protect confidential information provided to us, but confidentiality obligations do not apply to information that is public, already known, independently developed, lawfully received from another source, required by law to be disclosed, or disclosed with permission.

Compliance With Law

You are responsible for complying with all laws that apply to your use of the services, including laws relating to privacy, data protection, consumer protection, electronic communications, direct marketing, cybercrime, intellectual property, tax, records retention and lawful network usage.

Triotek may cooperate with lawful requests from regulators, courts, law enforcement authorities or other competent authorities where required or permitted by law.

Force Majeure

Triotek will not be liable for delay, failure or interruption caused by events beyond our reasonable control, including power failures, load shedding, internet outages, cloud provider failures, acts of government, strikes, civil unrest, natural disasters, cyberattacks, malware, equipment failure, third-party platform changes, war, terrorism, epidemic, pandemic, fire, flood or other events outside our reasonable control.

Changes to These Terms

Triotek may update these Terms from time to time. The updated version will apply from the effective date shown on this page or from the date communicated to you, unless a longer notice period is required by law or by a written agreement.

Your continued use of the services after the Terms are updated means that you accept the updated Terms. If you do not agree with the updated Terms, you must stop using the services.

Assignment

Triotek may assign, transfer, subcontract or delegate its rights and obligations under these Terms to an affiliate, successor, service provider, contractor or purchaser of its business or assets, provided this does not unlawfully reduce your rights.

You may not assign, transfer or delegate your rights or obligations under these Terms without Triotek’s prior written consent.

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply.

Entire Agreement

These Terms, together with any policies, notices, service schedules, proposals, order forms or written agreements that apply to the services, constitute the agreement between you and Triotek regarding your use of the services and replace prior website terms or informal understandings relating to the same subject matter.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for disputes relating to these Terms or the services, subject to any mandatory consumer rights or dispute resolution processes that may apply under South African law.

Contact Details

For questions about these Terms or the services, please contact Triotek using the following details:

Company: Triotek (Pty) Ltd
Registration number: 2023/804559/07
Email: help@triotek.co.za
Telephone: 087 821 7274
Operating location: Pretoria, Gauteng, South Africa

Important: These Terms are a strengthened operational draft for Triotek’s website and platform environment. They should be reviewed by a South African attorney before being relied on as final legal terms, especially where they interact with client contracts, reseller arrangements, POPIA operator agreements or consumer-facing Wi-Fi services.