Terms of Service

1. Introduction

1.1 These Meshtrack Terms of Service govern access to and use of the Meshtrack website, submission of enquiries, quotations, invoices, supply of Meshtrack hardware, access to and use of the Meshtrack software-as-a-service platform, use of the Meshtrack app, annual subscription fees, payment, delivery, manufacturer warranty, support, acceptable use, customer responsibilities and related matters.

1.2 Meshtrack is supplied by Sethala (Pty) Ltd. In these Terms, “Sethala”, “Meshtrack”, “we”, “us” and “our” refer to Sethala (Pty) Ltd, unless the context requires otherwise.

1.3 These Terms apply when a Customer uses the Meshtrack website, submits an enquiry, requests a quotation, accepts a quotation, pays an invoice, purchases Meshtrack hardware, subscribes to the Meshtrack SaaS service, creates or activates a Meshtrack account, activates a Meshtrack site, uses the Meshtrack app or otherwise uses Meshtrack.

1.4 If a person accepts a quotation, pays an invoice, requests activation or uses Meshtrack on behalf of a company, trust, partnership, public body, school, facility, property owner, employer or other organisation, that person confirms that they are authorised to bind that organisation.

2. Supplier information

2.1 Meshtrack is supplied by Sethala (Pty) Ltd.

2.2 General contact email: [email protected].

2.3 Support email address: [email protected].

2.4 Website: https://meshtrack.co.za.

2.5 Additional company and supplier information is available from Sethala on request or through the website contact or legal information page, where published.

3. Definitions

In these Terms, unless the context indicates otherwise:

3.1 “Account” means the Customer’s Meshtrack account.

3.2 “App” means the Meshtrack application, Orbit application or any related application used to configure, access or manage Meshtrack.

3.3 “Asset” means any item, object, device, equipment, inventory item, tool or other physical item tracked or managed through Meshtrack.

3.4 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.

3.5 “Customer” means the person or organisation that submits an enquiry, requests a quotation, accepts a quotation, pays an invoice, purchases Hardware, subscribes to the SaaS service, creates an Account, activates a site or uses Meshtrack.

3.6 “Customer Data” means data, information, content, site data, device data, floor plans, asset data, configuration data, account data, support data, technical data and other information submitted to, generated by or processed through Meshtrack on behalf of the Customer.

3.7 “Device” means any Meshtrack hardware device including gateways, anchors, tags, sensors, accessories, cables, batteries, mounting items and related equipment.

3.8 “Fees” means the hardware purchase price, SaaS subscription fees, delivery fees, support fees, configuration fees, installation fees and any other charges payable by the Customer.

3.9 “Hardware” means Meshtrack physical devices and accessories sold or supplied by Sethala.

3.10 “Invoice” means a pro forma invoice, tax invoice, Xero invoice or other payment request issued by Sethala.

3.11 “Personal Information” has the meaning given to it in POPIA.

3.12 “Platform” means the Meshtrack SaaS platform, dashboard, app, APIs, portals, reports, alerts, software, databases, integrations and related services.

3.13 “POPIA” means the Protection of Personal Information Act 4 of 2013.

3.14 “Quotation” means a quotation, proposal, estimate or written offer issued by Sethala for Meshtrack hardware, SaaS, support, delivery, configuration, installation or related services.

3.15 “SaaS” means the software-as-a-service subscription made available by Sethala under the Meshtrack brand.

3.16 “Subscription” means the Customer’s paid subscription to the Meshtrack SaaS service.

3.17 “Terms” means these Meshtrack Terms of Service, as updated from time to time.

3.18 “User” means any person who accesses or uses Meshtrack under the Customer’s Account, including administrators, operators, viewers and invited users.

4. Website use and enquiries

4.1 The Meshtrack website provides information about Meshtrack and allows prospective customers to submit enquiries.

4.2 Meshtrack is not sold through an automatic online checkout process unless Sethala expressly makes that available in future.

4.3 Submitting an enquiry form on the Meshtrack website is an enquiry only. It does not create an order, oblige Sethala to supply Meshtrack or oblige the enquirer to buy Meshtrack.

4.4 After receiving an enquiry, Sethala may contact the enquirer to understand the use case, requirements, hardware needs, SaaS requirements, delivery requirements and other relevant deployment information.

4.5 Sethala may then issue a Quotation, Invoice or other written proposal.

4.6 Website users must not:

4.6.1 use the website unlawfully;

4.6.2 interfere with website security or functionality;

4.6.3 attempt unauthorised access;

4.6.4 scrape, copy, harvest or extract website content without permission;

4.6.5 upload malicious code;

4.6.6 impersonate another person;

4.6.7 submit false, misleading or unauthorised information; or

4.6.8 use the website in a way that may damage Sethala, Meshtrack, other users or any third party.

4.7 Website content is provided for general information and product information purposes only. It does not constitute legal, privacy, employment, health and safety, security, technical design, installation, regulatory or professional advice.

4.8 Product features, pricing, availability, specifications, use cases, documentation and service descriptions may change from time to time.

5. How these Terms apply to quotations and invoices

5.1 A binding agreement may be formed when the Customer accepts a Quotation, pays an Invoice, requests activation, accepts delivery, creates an Account, activates a Meshtrack site or uses Meshtrack.

5.2 Any Quotation, Invoice, order confirmation, activation email or written proposal issued by Sethala is subject to these Terms unless Sethala expressly agrees otherwise in writing.

5.3 These Terms apply together with the Meshtrack Privacy Policy, Meshtrack Security Policy, any accepted Quotation, Invoice, order confirmation and any written addenda applicable to the Customer.

5.4 If Sethala and the Customer sign a separate written agreement, that agreement will prevail to the extent of any conflict with these Terms.

6. Consumer and business customers

6.1 Meshtrack is primarily intended for business, organisational, operational, facilities, asset-management, safety-support and site-management use.

6.2 These Terms may apply to both business customers and consumers, depending on the Customer and the nature of the transaction.

6.3 Certain statutory rights under the Consumer Protection Act, ECTA or other applicable laws may apply only to certain Customers or certain transactions.

6.4 Nothing in these Terms limits or excludes any right, remedy or protection that cannot lawfully be limited or excluded.

6.5 Where the Customer is a juristic person or where the Consumer Protection Act does not apply to a specific transaction, these Terms apply to the fullest extent permitted by law.

7. Electronic communications, quotations and invoices

7.1 The Customer agrees that enquiries, quotations, invoices, payment requests, order confirmations, billing communications, account activation notices, support communications and legal notices may be sent electronically.

7.2 Sethala may issue Quotations and Invoices electronically, including through Xero or another accounting, billing or payment platform.

7.3 The Customer must review the Quotation or Invoice before making payment, including the hardware supplied, SaaS period, subscription fee, delivery charges, VAT treatment, payment terms, renewal basis, warranty reference and applicable legal terms.

7.4 By approving a Quotation, paying an Invoice, requesting activation or using Meshtrack, the Customer confirms that it has had an opportunity to review the applicable commercial and legal terms.

7.5 Sethala may keep electronic records of quotations, invoices, payments, order confirmations, account activations, legal acceptance evidence, emails and related communications.

8. Product description and technical requirements

8.1 Meshtrack is an indoor tracking and operational visibility solution using hardware, software and related services to help Customers locate, monitor, manage or analyse assets, devices, equipment or operational movements within configured environments.

8.2 The exact functionality available to the Customer depends on the hardware supplied, Subscription plan, site configuration, network availability, installed infrastructure, device placement, supported features, firmware, software version and Customer settings.

8.3 The Customer is responsible for ensuring that the selected Meshtrack solution is suitable for its intended use, site layout, infrastructure and compliance requirements.

8.4 Meshtrack may require power, network connectivity, suitable device placement, correct configuration, compatible mobile devices, access to the App, user permissions, firmware/software updates and ongoing maintenance.

8.5 Unless expressly agreed in writing, Sethala does not guarantee that Meshtrack will be suitable for every site, environment, use case, workflow, safety requirement or regulatory requirement.

9. Hardware supply

9.1 Hardware supplied by Sethala may include gateways, anchors, tags, sensors, cables, batteries, mounting accessories or other devices specified in the Quotation or Invoice.

9.2 The Customer must ensure that the quantity and type of Hardware ordered are appropriate for the intended deployment.

9.3 Sethala may refuse, cancel or place an order on hold if payment fails, fraud is suspected, stock is unavailable, delivery information is incomplete, regulatory requirements cannot be met or the order cannot lawfully or practically be fulfilled.

9.4 Hardware remains subject to availability. If Hardware is unavailable after payment, Sethala may offer an alternative, delay dispatch by agreement or refund the affected item.

9.5 Hardware is supplied for use only in accordance with its specifications, installation instructions, permitted operating conditions and applicable approvals.

9.6 The Customer must not modify, open, tamper with, reconfigure or use Hardware in a way that may breach radio, electrical, safety, warranty, environmental or regulatory requirements.

10. SaaS subscription

10.1 Meshtrack hardware requires an active Meshtrack SaaS Subscription to enable platform functionality, dashboard access, configuration, data visibility, alerts, reporting, App access, support features and ongoing software services.

10.2 SaaS Fees are charged annually unless otherwise agreed in writing.

10.3 The Subscription period will be stated in the Quotation, Invoice, order confirmation, activation email or written proposal.

10.4 The Customer must maintain an active Subscription to use Meshtrack functionality.

10.5 If the Subscription expires, is cancelled, is suspended or is not renewed, Hardware ownership may remain with the Customer, but Platform access and SaaS functionality may be disabled.

10.6 The Customer acknowledges that the Hardware and SaaS are commercially linked. Hardware may have limited or no practical Meshtrack functionality without an active Subscription.

11. Fees, payment and renewal

11.1 The Customer agrees to pay all Fees reflected in the accepted Quotation, Invoice, order confirmation or written proposal.

11.2 Payment may be made by EFT, card payment link, Xero-supported payment method or any other payment method accepted by Sethala.

11.3 Unless Sethala agrees otherwise in writing, Hardware and annual SaaS Fees must be paid before Hardware is dispatched or the Subscription is activated.

11.4 If the Subscription is renewed by annual invoice, Sethala may issue a renewal Invoice before the next Subscription period. The Subscription will renew once the renewal Invoice is paid or otherwise accepted by the Customer.

11.5 If Sethala offers annual auto-renewal in future, the Customer must authorise that renewal method expressly before Sethala charges any recurring annual SaaS Fee.

11.6 If payment fails, is reversed, is delayed or is disputed, Sethala may delay dispatch, delay activation, suspend access, restrict functionality, withhold support or terminate the Subscription.

11.7 The Customer must keep billing information, payment information and billing contact details accurate and up to date.

11.8 The Customer remains responsible for any Fees incurred before cancellation, suspension or termination.

11.9 If the Customer disputes a payment, the Customer must contact Sethala promptly and in good faith before initiating a chargeback, where reasonably possible.

12. Prices, VAT and invoices

12.1 Prices may be shown inclusive or exclusive of VAT, provided this is clearly indicated in the Quotation or Invoice.

12.2 Delivery charges, configuration charges, installation charges and other service charges may be charged separately.

12.3 Sethala may issue tax invoices electronically.

12.4 The Customer agrees to receive Invoices, statements, order confirmations and billing communications electronically.

12.5 Sethala may change prices for future purchases, future quotations or future Subscription periods.

12.6 Unless expressly stated otherwise, price changes do not affect Fees already paid for the current Subscription period.

13. Delivery and dispatch

13.1 Delivery times provided by Sethala are estimates unless expressly confirmed as binding in writing.

13.2 Hardware may need to be configured, packed, tested, allocated or linked to an order before dispatch.

13.3 Delivery is made to the delivery address supplied by the Customer.

13.4 The Customer is responsible for ensuring that the delivery address is complete, accurate and accessible.

13.5 If delivery fails because of incorrect information, unavailability, refusal to accept delivery or site access restrictions, the Customer may be responsible for additional delivery charges.

13.6 Sethala is not liable for delays caused by courier delays, incorrect delivery details, public holidays, strikes, unrest, weather, force majeure events, customs delays, supplier delays or circumstances beyond Sethala’s reasonable control.

13.7 Unless otherwise agreed in writing, delivery is limited to addresses in the Republic of South Africa.

13.8 If cross-border delivery is agreed, the Customer may be responsible for import duties, taxes, customs charges, permits, clearance requirements and additional courier costs.

14. Risk, ownership and inspection

14.1 Ownership of Hardware passes to the Customer once Sethala has received full payment for the Hardware, unless otherwise agreed in writing.

14.2 Risk in the Hardware passes to the Customer on delivery to the delivery address or collection by the Customer, courier or the Customer’s authorised representative.

14.3 The Customer must inspect the Hardware as soon as reasonably possible after delivery.

14.4 The Customer must notify Sethala promptly if the Hardware is damaged, incomplete, incorrect or visibly defective.

14.5 Failure to notify Sethala within a reasonable time may affect the Customer’s ability to rely on certain return, replacement or courier claim processes, subject to applicable law.

15. Installation, setup and configuration

15.1 Unless installation services are expressly included in the Quotation or Invoice, the Customer is responsible for installation, placement, mounting, power, network readiness and site preparation.

15.2 The Customer must follow all installation guides, safety instructions, placement guidelines, device specifications and configuration instructions provided by Sethala.

15.3 Incorrect installation, poor placement, unsuitable site conditions, network limitations, unauthorised modifications or failure to follow instructions may affect performance and may void or limit warranty support.

15.4 The Customer is responsible for obtaining all internal approvals, site access permissions, safety approvals, landlord approvals, property owner permissions and workplace approvals required for installation.

15.5 The Customer must ensure that any person installing Hardware is competent to do so safely and in accordance with applicable instructions.

16. App access and account management

16.1 The Customer must create or activate an Account to use Meshtrack.

16.2 The Customer is responsible for all activity under its Account, including activity by Users.

16.3 The Customer must ensure that only authorised Users are given access.

16.4 The Customer must keep login details confidential and must promptly disable access for Users who no longer require access.

16.5 Sethala may require additional verification before giving support, changing billing details, resetting administrative access or making account-level changes.

16.6 The Customer must ensure that any person who activates a site, uploads site information, assigns tags, configures Meshtrack or manages Users is properly authorised to do so.

17. SaaS licence

17.1 Subject to payment of all applicable Fees and compliance with these Terms, Sethala grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use Meshtrack for the Customer’s internal business purposes during the active Subscription period.

17.2 The Customer may not sell, lease, sublicense, resell, copy, reverse engineer, modify, decompile, interfere with or commercially exploit Meshtrack except as expressly permitted by Sethala in writing.

17.3 The Customer may not use Meshtrack to provide services to third parties unless a separate written agreement allows this.

17.4 All rights not expressly granted to the Customer are reserved by Sethala.

18. Software, firmware and updates

18.1 Sethala may provide, require or automatically deploy software, firmware, security, compatibility, performance, bug-fix or feature updates for the Platform, App or Hardware.

18.2 Some updates may be required for continued use, security, compatibility, support or regulatory compliance.

18.3 The Customer must not block, reverse engineer, interfere with or attempt to disable required updates.

18.4 Updates may change functionality, performance, user interface, device behaviour or available features, provided Sethala does not materially reduce the core functionality of a paid active Subscription without reasonable notice where practical.

18.5 Sethala is not responsible for issues caused by the Customer’s failure to install, allow or maintain required updates.

19. Acceptable use

19.1 The Customer must use Meshtrack lawfully, responsibly and only for legitimate operational purposes.

19.2 The Customer must not use Meshtrack:

19.2.1 for unlawful surveillance;

19.2.2 to track a person without a lawful basis;

19.2.3 to harass, intimidate, stalk, discriminate against or unlawfully monitor any person;

19.2.4 to bypass labour, employment, privacy, security or access-control requirements;

19.2.5 to collect personal information without required notices or consents;

19.2.6 to track children, vulnerable persons or visitors without appropriate authority and safeguards;

19.2.7 for unlawful disciplinary action or covert monitoring;

19.2.8 to interfere with the Platform, APIs, infrastructure or security controls;

19.2.9 to upload malicious code, unlawful content or infringing material;

19.2.10 to reverse engineer or attempt to derive source code;

19.2.11 to overload, scrape, probe, scan or attack the Platform;

19.2.12 to misrepresent device data, tag assignments or User identities;

19.2.13 to bypass Subscription limits, usage limits or security controls; or

19.2.14 for any high-risk, emergency, medical, life-critical or safety-critical function unless expressly approved in writing by Sethala and supported by the Customer’s own safety procedures.

19.3 Sethala may suspend or restrict use if it reasonably believes that Meshtrack is being used unlawfully, unsafely, fraudulently, abusively or in breach of these Terms.

20. Customer deployment and responsibility

20.1 The Customer is responsible for deciding how Meshtrack is deployed and used at the Customer’s own site.

20.2 If the Customer uses Meshtrack or related internal site processes in a way that involves identifiable persons, the Customer is responsible for ensuring that such use is lawful, fair, transparent and proportionate.

20.3 The Customer is responsible for providing any required notices, obtaining any required consents, establishing a lawful basis for processing, limiting access, setting appropriate retention periods and complying with POPIA, workplace privacy requirements, employment requirements, health and safety requirements and any applicable internal policies.

20.4 The Customer must not enable covert tracking or assign devices, tags or records to identifiable persons without a lawful basis and appropriate transparency.

20.5 The Customer must ensure that access to Meshtrack information is limited to authorised persons with a legitimate need to access that information.

20.6 The Customer indemnifies Sethala against claims, complaints, losses, penalties, damages, costs or regulatory action arising from the Customer’s unlawful or unauthorised deployment or use of Meshtrack.

21. Data, privacy and app-management information

21.1 Sethala’s ordinary processing is limited to the information reasonably required to respond to enquiries, communicate with prospective and existing customers, prepare quotations, issue invoices, process payments, deliver hardware, activate accounts, manage the Meshtrack app, provide support, maintain security and administer the Meshtrack service.

21.2 Sethala does not, as part of its ordinary website enquiry, sales, invoicing, account-management or support process, intentionally collect or process personal information of the Customer’s own end-users, employees, contractors, visitors or other persons who may be managed, monitored or tracked by the Customer at its own site.

21.3 If the Customer includes personal information of its own end-users, employees, contractors, visitors or other persons in support requests, screenshots, emails, attachments, configuration fields or other information supplied to Sethala, the Customer is responsible for ensuring that it is authorised to do so.

21.4 Sethala may process app-management, technical, diagnostic, service, audit, security and support information required to operate, manage, secure and support Meshtrack.

21.5 Sethala will process personal information in accordance with the Meshtrack Privacy Policy and applicable law.

22. Service availability and support

22.1 Sethala will use commercially reasonable efforts to make Meshtrack available during the active Subscription period.

22.2 Sethala does not guarantee uninterrupted, error-free or delay-free service.

22.3 Meshtrack may be unavailable because of maintenance, upgrades, network failures, power failures, hosting provider failures, payment failure, security incidents, customer-side connectivity problems, force majeure events or other circumstances.

22.4 Support is provided through Sethala’s published support channels.

22.5 Support scope, support hours, response targets and escalation procedures may depend on the Customer’s Subscription plan or separate agreement.

22.6 Unless expressly agreed in writing, support does not include on-site installation, cabling, network troubleshooting, customer infrastructure repair, third-party system repair, training beyond published resources or custom integration work.

23. No emergency or life-critical reliance

23.1 Meshtrack is intended to support operational visibility and decision-making.

23.2 Meshtrack is not a substitute for legally required safety systems, fire systems, evacuation systems, access control systems, medical response systems, emergency procedures, human supervision, occupational health and safety compliance or professional judgement.

23.3 Panic, SOS, mustering, lone-worker, safety or alert functionality, where available, must be treated as supportive functionality only and must be implemented together with the Customer’s own safety procedures.

23.4 Sethala is not liable for injury, death, emergency response failure, evacuation failure, safety incident, security incident or operational loss arising from reliance on Meshtrack as a primary safety, emergency, medical or life-critical system.

24. Returns, refunds and cancellations

24.1 The Customer may request cancellation, return, refund or warranty support through Sethala’s support channels.

24.2 Return, refund and cancellation rights depend on the type of Customer, nature of the transaction, whether Hardware has been dispatched, whether Hardware has been delivered, whether Hardware has been used or damaged, whether the SaaS Subscription has been activated and applicable law.

24.3 Nothing in these Terms is intended to limit any non-excludable statutory right that applies to the Customer.

24.4 Hardware order cancellation before dispatch may be accepted by Sethala, subject to any configuration, payment processing, courier or administrative costs already incurred.

24.5 Once Hardware has been dispatched, the Customer must follow Sethala’s return process.

24.6 Hardware must be returned complete, with all accessories, packaging where reasonably possible, serial numbers intact and without unauthorised modification, damage or tampering.

24.7 SaaS Fees are billed annually. Unless required by law or expressly agreed by Sethala, SaaS Fees are not refundable merely because the Customer stops using Meshtrack during the Subscription period.

24.8 If the Customer cancels before the next annual renewal or renewal invoice, the Subscription will not renew for the next annual period.

24.9 If the Consumer Protection Act applies to a fixed-term consumer agreement, the Customer may have statutory cancellation rights. Where applicable, Sethala may charge any amounts permitted by law, including reasonable cancellation charges.

24.10 Sethala may refuse a refund where Hardware has been damaged, misused, installed incorrectly, tampered with, altered, exposed to unsuitable conditions or returned incomplete, subject to applicable law.

24.11 Refunds, where approved, may be processed through the original payment method or another method reasonably selected by Sethala.

24.12 Delivery fees, payment processing fees, configuration fees, installation fees and other service charges may be non-refundable unless required by law or agreed by Sethala.

25. Cancellation and refund matrix

25.1 The following matrix provides a practical summary. It must be read with the full Terms and any applicable statutory rights.

Scenario

General position

Hardware order cancelled before dispatch

Sethala may cancel and refund, less any reasonable configuration, payment processing, courier or administrative costs already incurred, where permitted.

Hardware dispatched but not yet delivered

Customer must contact support. Courier recall or return costs may apply.

Hardware delivered but unused and return requested

Return may be considered subject to applicable law, condition of goods, completeness, packaging, time elapsed and return process.

Hardware defective on delivery

Customer must notify Sethala promptly. Sethala may inspect, repair, replace, credit or refund in accordance with law and warranty terms.

Hardware damaged through misuse or incorrect installation

Refund or warranty support may be refused, subject to applicable law.

SaaS activated and used

Annual SaaS Fees are generally non-refundable for the active Subscription period unless required by law or agreed by Sethala.

Annual renewal invoice not paid

Subscription may expire, be suspended or be terminated.

Payment dispute or chargeback

Customer must provide information reasonably required to investigate the dispute. Sethala may suspend access where payment is reversed or disputed.

26. Hardware warranty

26.1 Meshtrack Hardware is supplied with the applicable manufacturer’s warranty, if any, as provided by the relevant manufacturer or supplier.

26.2 Sethala does not provide a separate additional hardware warranty unless this is expressly stated in a Quotation, Invoice, product document or separate written agreement.

26.3 The manufacturer’s warranty period, warranty scope, warranty exclusions and warranty process may differ depending on the Device, component, accessory or supplier.

26.4 Sethala may assist the Customer with reasonable warranty facilitation, return coordination, supplier communication or RMA processing, but the manufacturer or relevant supplier remains responsible for the manufacturer’s warranty terms.

26.5 Nothing in these Terms limits any statutory rights that may apply to the Customer under applicable law.

26.6 The warranty applies only to defects arising from normal use in accordance with Sethala’s and/or the manufacturer’s instructions.

26.7 The warranty does not cover:

26.7.1 misuse, abuse, negligence or accident;

26.7.2 incorrect installation or placement;

26.7.3 unauthorised repair, opening, tampering or modification;

26.7.4 water, dust, heat, cold, vibration or environmental exposure outside device specifications;

26.7.5 incorrect power supply or electrical damage;

26.7.6 network, Wi-Fi, Bluetooth, RFID, cellular or connectivity issues outside Sethala’s control;

26.7.7 normal wear and tear;

26.7.8 consumables, batteries or accessories unless expressly covered by the manufacturer;

26.7.9 cosmetic damage that does not affect functionality;

26.7.10 damage caused by third-party products or systems; or

26.7.11 failure to follow instructions.

26.8 If Hardware is confirmed defective under the applicable manufacturer’s warranty, Sethala may, where reasonably possible, assist with repair, replacement, credit or refund processing in accordance with the manufacturer’s warranty process, supplier process and applicable law.

27. RMA and defective products

27.1 The Customer must obtain a return merchandise authorisation or follow Sethala’s approved return process before returning Hardware.

27.2 The Customer must provide the Invoice number, Device serial number, fault description, photos where requested, diagnostic information and any other reasonable information required by Sethala.

27.3 Sethala may test returned Hardware before deciding whether the product is defective and whether warranty coverage applies.

27.4 If no fault is found or the fault is excluded from warranty, Sethala may charge reasonable inspection, courier, repair or replacement costs.

27.5 Sethala may refuse to process unauthorised returns or returns without adequate information.

27.6 Unless required by law or agreed by Sethala, the Customer is responsible for safely packaging returned Hardware and following Sethala’s courier or return instructions.

28. Security responsibilities

28.1 Sethala uses reasonable technical and organisational safeguards appropriate to the nature of Meshtrack.

28.2 No technology system can be guaranteed completely secure, uninterrupted or immune from cyber risk.

28.3 The Customer is responsible for:

28.3.1 managing User access;

28.3.2 using strong passwords and multi-factor authentication where available;

28.3.3 disabling accounts for departed staff or users who no longer require access;

28.3.4 controlling physical access to Devices;

28.3.5 ensuring that only authorised persons can view Meshtrack data;

28.3.6 reporting suspected compromise promptly;

28.3.7 maintaining the security of its own networks, devices and systems;

28.3.8 not sharing login credentials between users; and

28.3.9 ensuring that internal security policies support the Customer’s use of Meshtrack.

28.4 Sethala is not responsible for security incidents caused by Customer misuse, weak passwords, unauthorised sharing, compromised Customer devices, third-party systems, unsafe deployment or failure to follow security guidance.

28.5 Further information is provided in the Meshtrack Security Policy.

29. Suspension and termination

29.1 Sethala may suspend or restrict access to Meshtrack if:

29.1.1 payment fails or Fees are overdue;

29.1.2 the Customer breaches these Terms;

29.1.3 the Customer uses Meshtrack unlawfully or unsafely;

29.1.4 Sethala reasonably suspects unauthorised access, fraud, security risk or misuse;

29.1.5 continued access may create legal, regulatory, security or operational risk; or

29.1.6 Sethala is required to do so by law or by a competent authority.

29.2 The Customer may cancel the Subscription in accordance with the cancellation process.

29.3 Termination does not affect Fees already due, accrued rights, confidentiality obligations, indemnities, limitations of liability, data processing obligations or any clauses intended to survive termination.

29.4 If the Customer’s Account is suspended or terminated, Sethala may disable access to the Platform, App, dashboards, reports, alerts, APIs and related functionality.

30. Data export and deletion on termination

30.1 The Customer should export any required Customer Data before cancelling or allowing the Subscription to expire.

30.2 After termination, Sethala may restrict access to the Account.

30.3 Sethala may retain Customer Data for a limited period to allow reactivation, export, dispute resolution, legal compliance, backup management, audit purposes, security purposes or legitimate business purposes.

30.4 Sethala may delete or anonymise Customer Data after termination in accordance with its retention practices.

30.5 Sethala is not responsible for loss of Customer Data where the Customer failed to export data before cancellation, termination or expiry.

30.6 Backup deletion may occur according to Sethala’s ordinary backup lifecycle and may not be immediate.

31. Customer Data

31.1 As between the parties, the Customer owns or controls Customer Data submitted by or on behalf of the Customer, subject to Sethala’s rights to process it to provide Meshtrack.

31.2 The Customer grants Sethala a limited right to host, process, transmit, display, analyse, back up and use Customer Data as necessary to provide, support, secure, maintain and improve Meshtrack.

31.3 Sethala may use aggregated or anonymised information for analytics, product improvement, benchmarking, security, reporting and commercial insight, provided it does not identify the Customer or any data subject.

31.4 The Customer is responsible for the accuracy, quality, legality and appropriateness of Customer Data.

32. Intellectual property

32.1 Meshtrack, including all software, code, designs, dashboards, workflows, algorithms, documentation, marks, graphics, interfaces, database structures, reports and related intellectual property, belongs to Sethala or its licensors.

32.2 The Customer does not acquire ownership of Meshtrack software or intellectual property by purchasing Hardware, paying Subscription Fees or using the Platform.

32.3 The Customer must not remove trademarks, notices, serial numbers or proprietary markings from Hardware or documentation.

32.4 Feedback, suggestions or improvement ideas provided by the Customer may be used by Sethala without restriction or obligation, provided Sethala does not disclose the Customer’s confidential information.

33. Third-party services and connectivity

33.1 Meshtrack may depend on third-party services including hosting providers, payment providers, communication providers, analytics providers, app stores, connectivity providers, maps, APIs and other infrastructure.

33.2 Sethala is not responsible for failures, outages, delays, data loss or security incidents caused by third-party services outside Sethala’s reasonable control.

33.3 The Customer is responsible for its own internet access, network infrastructure, power, mobile devices, compatible browsers, internal IT policies and third-party systems.

33.4 Third-party services may be subject to their own terms, policies, service levels and limitations.

34. Confidentiality

34.1 Each party may receive confidential information from the other party in connection with Meshtrack.

34.2 Each party must use reasonable care to protect the other party’s confidential information and must not disclose it except as required to perform under these Terms, comply with law, obtain professional advice or operate the service.

34.3 Customer Data, non-public site information, non-public technical information and non-public commercial information should be treated as confidential unless it is already public or lawfully known without confidentiality restrictions.

35. Disclaimers

35.1 Meshtrack is provided on an “as is” and “as available” basis, subject to any express warranties in these Terms and any non-excludable statutory rights.

35.2 Sethala does not warrant that Meshtrack will be uninterrupted, error-free, always accurate, suitable for every environment, compatible with every system or capable of meeting every Customer requirement.

35.3 Location and tracking data may be affected by building structure, interference, device placement, battery level, firmware, network connectivity, configuration, environmental conditions and User behaviour.

35.4 The Customer must independently verify critical information before relying on it for safety, security, disciplinary, operational, financial or legal decisions.

35.5 Meshtrack is not legal, employment, health and safety, security, privacy or compliance advice. The Customer must obtain its own professional advice where required.

36. Limitation of liability

36.1 To the maximum extent permitted by law, Sethala is not liable for indirect, special, incidental, punitive or consequential loss, loss of profits, loss of revenue, loss of production, loss of goodwill, loss of data, business interruption, wasted expenditure or third-party claims.

36.2 To the maximum extent permitted by law, Sethala’s total aggregate liability arising from or relating to Meshtrack is limited to the Fees actually paid by the Customer to Sethala for the affected Meshtrack service during the twelve months immediately preceding the event giving rise to the claim.

36.3 The limitation in clause 36.2 does not exclude liability that cannot legally be excluded or limited.

36.4 The Customer acknowledges that the Fees are calculated on the basis that these limitations apply.

36.5 Nothing in these Terms excludes liability for fraud or wilful misconduct where such liability cannot lawfully be excluded.

37. Indemnities

37.1 The Customer indemnifies Sethala against claims, losses, damages, fines, penalties, costs, expenses and liabilities arising from:

37.1.1 the Customer’s breach of these Terms;

37.1.2 unlawful or unauthorised deployment or use of Meshtrack;

37.1.3 failure to provide notices or obtain consents where required;

37.1.4 misuse of Meshtrack;

37.1.5 Customer Data submitted unlawfully, inaccurately or without authority;

37.1.6 unauthorised User access caused by the Customer;

37.1.7 unsafe installation or use of Hardware;

37.1.8 reliance on Meshtrack for life-critical or emergency functions;

37.1.9 claims by employees, contractors, visitors, data subjects or third parties arising from the Customer’s deployment of Meshtrack; or

37.1.10 breach of workplace, privacy, security, employment, occupational health and safety or site-access obligations by the Customer.

38. Force majeure

38.1 Sethala is not liable for delay or failure to perform caused by circumstances beyond its reasonable control, including power failures, network failures, hosting failures, supplier delays, courier delays, strikes, unrest, natural disasters, pandemics, cyber incidents, regulatory action, war, civil disturbance, extreme weather or force majeure events.

38.2 Sethala will use reasonable efforts to resume performance when the force majeure event ends or its impact is reduced.

39. Changes to Terms, services and pricing

39.1 Sethala may update these Terms from time to time.

39.2 Updated Terms may be published on the website, communicated by email, displayed in the App or presented for acceptance at activation or renewal.

39.3 Material changes may require renewed acceptance before continued use or renewal.

39.4 Sethala may modify, improve, discontinue or replace features of Meshtrack, provided this does not materially reduce the core functionality of a paid active Subscription without reasonable notice where practical.

39.5 Price changes will apply to future purchases, future quotations, future renewals or future Subscription periods unless otherwise stated.

40. Notices

40.1 Sethala may send notices by email, dashboard notice, App notice, website notice or other electronic communication.

40.2 Notices to the Customer may be sent to the Account owner, billing contact, administrator or email address provided by the Customer.

40.3 The Customer must keep contact details current.

40.4 Legal notices to Sethala must be sent to [email protected].

40.5 Notices are deemed received when sent, unless the sender receives an automated delivery failure notice, subject to applicable law.

41. Complaints and dispute resolution

41.1 The Customer should first contact Sethala support with any complaint, billing query, return request, privacy query or service issue.

41.2 The parties must attempt to resolve disputes in good faith before starting formal proceedings, except where urgent relief is required.

41.3 Nothing prevents either party from approaching a competent court, regulator or other competent authority where legally entitled to do so.

42. Governing law and jurisdiction

42.1 These Terms are governed by the laws of the Republic of South Africa.

42.2 The parties consent to the jurisdiction of the competent courts of South Africa, subject to applicable law.

43. Entire agreement

43.1 These Terms, the Privacy Policy, Security Policy, any accepted Quotation, Invoice, order confirmation and any written addenda form the agreement between Sethala and the Customer in relation to Meshtrack.

43.2 The Customer may not rely on statements, representations or marketing material not expressly included in the agreement, except to the extent required by law.

44. Severability

44.1 If any provision of these Terms is invalid, unlawful or unenforceable, the remaining provisions remain valid and enforceable.

45. No waiver

45.1 If Sethala does not enforce a provision immediately, this does not mean Sethala has waived the right to enforce it later.

46. Survival

46.1 Clauses dealing with payment obligations, confidentiality, Customer Data, privacy, intellectual property, disclaimers, limitation of liability, indemnities, dispute resolution, governing law and any clauses that by nature should survive termination will continue after termination, cancellation or expiry.