Terms of Use

1. Introduction

Welcome to Novaway. These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Novasys IT (Pty) Ltd (Registration No. 2018/058452/07), a company registered in the Republic of South Africa with its principal place of business in Pretoria, Gauteng ("Novasys IT", "we", "us", or "our").

These Terms govern your access to and use of the Novaway platform, including all related websites, applications, services, and WiFi connectivity solutions made available through novaway.novasys.co.za (collectively, the "Platform").

By accessing or using the Platform in any manner, whether as a guest WiFi user, venue operator, administrator, or otherwise, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must immediately cease using the Platform.

2. Definitions

In these Terms, unless the context indicates otherwise, the following definitions apply:

• "Platform" means the Novaway guest WiFi management platform, including all software, services, captive portal interfaces, dashboards, APIs, and integrations provided by Novasys IT.
• "Guest User" or "End User" means any individual who accesses WiFi connectivity through a Novaway-powered captive portal at a participating venue.
• "Tenant" or "Venue Operator" means any business, organisation, or individual that subscribes to the Novaway platform to manage guest WiFi at one or more locations.
• "Location" means a specific physical site where the Novaway captive portal is deployed, linked to networking equipment such as MikroTik routers.
• "Voucher" means a pre-generated access credential (code or PIN) that grants a Guest User WiFi connectivity subject to defined usage limits.
• "Content" means all text, images, data, information, and materials displayed on or transmitted through the Platform.
• "Personal Information" has the meaning ascribed to it in the Protection of Personal Information Act, 2013 (POPIA).
• "Services" means all functionality provided by the Platform, including but not limited to guest authentication, analytics, session management, marketing tools, bandwidth management, and voucher administration.

3. Eligibility

To use the Platform, you must be at least 18 years of age or have the consent of a parent or legal guardian. If you are accessing WiFi as a Guest User at a venue, you represent that you have the legal capacity to agree to these Terms.

Tenants who subscribe to the Platform must be duly registered legal entities or individuals with the legal authority to enter into binding agreements. By creating a Tenant account, you warrant that you have the authority to bind your organisation to these Terms.

We reserve the right to refuse access to the Platform to any person or entity at our sole discretion, without obligation to provide reasons.

4. Account Registration and Security

Certain features of the Platform require you to create an account. When registering, you agree to provide accurate, current, and complete information and to keep your account details up to date.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at support@novasys.co.za if you become aware of any unauthorised use of your account.

Novasys IT shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. You accept full responsibility for all activities that occur under your account, whether authorised by you or not.

5. Platform Services

The Novaway platform provides, among others, the following Services:

• Guest WiFi Authentication: Captive portal solutions supporting multiple authentication methods, including social login (Facebook, Google, Apple, etc.), email/mobile form submission, voucher codes, and PIN-based access.
• Visitor Analytics: Aggregated and individual-level analytics regarding WiFi usage, session duration, device types, and visitor demographics at participating venues.
• Session Management: Real-time monitoring and management of active WiFi sessions, including the ability to disconnect users and enforce usage policies.
• Marketing Campaigns: Tools enabling Tenants to communicate with Guest Users via email and SMS, subject to applicable consent requirements and data protection legislation.
• Bandwidth and Access Controls: Configurable bandwidth throttling, data caps, and time-based usage limits enforced through RADIUS integration with MikroTik networking equipment.
• Voucher System: Generation, distribution, and management of WiFi access vouchers with customisable parameters such as data allowance, time limits, and device restrictions.
• Student Residence WiFi: Specialised management features for student accommodation environments, including resident onboarding and device management.
• AI-Powered Insights: Analytical tools that leverage artificial intelligence to provide actionable insights regarding visitor behaviour and network utilisation patterns.

We reserve the right to modify, suspend, or discontinue any Service or feature of the Platform at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or its Services.

6. Acceptable Use

You agree to use the Platform only for lawful purposes and in compliance with all applicable South African legislation. You shall not:

• Use the Platform to transmit, distribute, or store material that violates any law, regulation, or third-party right, including intellectual property rights, privacy rights, or rights under POPIA.
• Attempt to gain unauthorised access to the Platform, other user accounts, networking equipment, or any systems or networks connected to the Platform.
• Use the WiFi connectivity provided through the Platform for illegal downloading, distribution of copyrighted material, hacking, or any other unlawful activity.
• Introduce viruses, malware, or any other harmful code or technology that could disrupt, damage, or impair the Platform or connected systems.
• Engage in any activity that places an unreasonable or disproportionate load on the Platform's infrastructure or bandwidth resources.
• Use automated tools, bots, scrapers, or similar technologies to access or interact with the Platform without our prior written consent.
• Resell, redistribute, or sublicense access to the Platform or its Services without a valid agreement with Novasys IT.
• Circumvent or attempt to circumvent any access controls, bandwidth limits, data caps, or other restrictions implemented through the Platform.
• Use the Platform to send unsolicited commercial communications (spam) or to harvest personal information without valid consent.

7. Guest WiFi Usage

When connecting to WiFi through a Novaway-powered captive portal, you acknowledge and agree to the following:

• WiFi access is provided as a convenience and is subject to availability, coverage, and the venue's policies. We do not guarantee uninterrupted or error-free connectivity.
• Your WiFi session may be subject to bandwidth throttling, data usage limits, or time restrictions as configured by the Tenant or imposed by the Platform.
• The venue operator (Tenant) may collect certain information during the authentication process, such as your name, email address, mobile number, or social media profile data. This collection is governed by our Privacy Policy.
• Public WiFi networks are inherently less secure than private networks. You are responsible for taking appropriate precautions to protect your data and devices when using public WiFi, including the use of VPN services and ensuring your device's firewall is active.
• We do not monitor, filter, or censor the content you access while connected to a Novaway-powered WiFi network, except where required by law or where content filtering has been configured by the Tenant.

Novasys IT is not responsible for any loss, damage, or harm arising from your use of WiFi connectivity provided through the Platform, including but not limited to data breaches, identity theft, or malware infections.

8. Vouchers and Access Codes

WiFi access vouchers and PIN codes generated through the Platform are subject to the following conditions:

• Vouchers are valid for a single use unless otherwise specified and are subject to the data and time limits assigned at the point of creation.
• Vouchers may not be resold, transferred for profit, or duplicated without the authorisation of the issuing Tenant.
• Expired or fully consumed vouchers will not be refunded, replaced, or extended unless the Tenant explicitly agrees to do so.
• Novasys IT bears no responsibility for vouchers that are lost, stolen, or shared by the original recipient.
• Tenants are responsible for the secure distribution and management of vouchers generated through their accounts.

9. Intellectual Property

All intellectual property rights in the Platform, including but not limited to the software, source code, design, graphics, logos, trademarks, trade names, and documentation, are and shall remain the exclusive property of Novasys IT (Pty) Ltd or its licensors.

The Novaway name, logo, and all related product and service names, design marks, and slogans are trademarks of Novasys IT. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform strictly in accordance with these Terms. This licence does not grant you any right to:

• Copy, modify, adapt, or create derivative works based on the Platform or its underlying technology.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
• Use the Platform's intellectual property for any commercial purpose not expressly authorised by Novasys IT.

10. Tenant Obligations

Tenants who subscribe to the Platform acknowledge and agree to the following obligations:

• You are responsible for ensuring that your use of the Platform and the data collected through it complies with all applicable laws, including POPIA and the Electronic Communications and Transactions Act, 2002 (ECTA).
• You must obtain all necessary consents from Guest Users before collecting, processing, or storing their Personal Information through the Platform's captive portal.
• You are responsible for configuring and maintaining the networking equipment (including MikroTik routers and RADIUS servers) at your locations in a manner that is compatible with the Platform.
• You shall not use the marketing and communication tools provided by the Platform to send unsolicited messages or to process personal data in a manner that violates POPIA or any other applicable data protection legislation.
• You are responsible for managing user access within your Tenant account, including assigning appropriate roles and permissions to your staff members.
• You agree to pay all applicable fees for the Platform's Services in accordance with the pricing terms agreed upon at the time of subscription.

11. Data and Privacy

Your privacy is important to us. Our collection, use, and disclosure of Personal Information is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you consent to the practices described in the Privacy Policy.

Novasys IT processes Personal Information in its capacity as an operator (processor) on behalf of Tenants, who act as responsible parties (controllers) under POPIA. Where Novasys IT collects data for its own purposes (such as platform analytics and service improvement), it acts as a responsible party.

We implement appropriate technical and organisational measures to protect Personal Information against unauthorised access, loss, destruction, or damage. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.

12. Third-Party Services and Links

The Platform may integrate with or contain links to third-party services, websites, or applications, including social media platforms (Facebook, Google, Apple, etc.), SMS gateways, email service providers, and payment processors.

Novasys IT does not control and is not responsible for the content, privacy practices, or availability of third-party services. Your use of third-party services is governed by the respective terms and privacy policies of those services.

The inclusion of any link or integration does not imply endorsement by Novasys IT. We are not liable for any loss or damage that may arise from your interaction with third-party services accessed through or in connection with the Platform.

13. Disclaimer of Warranties

The Platform and all Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by South African law, Novasys IT disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Platform will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components.
• Warranties regarding the accuracy, reliability, or completeness of any information, content, or analytics provided through the Platform.
• Warranties that the Platform will meet your specific requirements or expectations.

WiFi connectivity is dependent on numerous factors beyond our control, including hardware configuration, internet service provider performance, environmental conditions, and the number of concurrent users. We make no guarantees regarding WiFi speed, uptime, or quality of service.

14. Limitation of Liability

To the maximum extent permitted by applicable South African law, Novasys IT, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Platform, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.
• Business interruption or loss of goodwill.
• Cost of procurement of substitute services.
• Any damage to your devices, data, or systems resulting from the use of WiFi connectivity provided through the Platform.
• Any unauthorised access to or alteration of your data or transmissions.

In no event shall Novasys IT's total aggregate liability to you for all claims arising out of or relating to the Platform or these Terms exceed the amount you have paid to Novasys IT in the twelve (12) months immediately preceding the event giving rise to the claim, or R5,000 (five thousand South African Rand), whichever is greater.

Some jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, the limitations and exclusions set out above shall apply to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Novasys IT, its directors, officers, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any data or content you submit, transmit, or make available through the Platform; or (e) any negligent or wrongful act or omission on your part.

16. Suspension and Termination

We may, at our sole discretion and without prior notice, suspend or terminate your access to the Platform if:

• You breach any provision of these Terms.
• We are required to do so by law, regulation, or court order.
• Your conduct poses a risk to the security, integrity, or availability of the Platform or its users.
• Your account has been inactive for an extended period.
• You fail to pay applicable fees when due (for Tenant accounts).

Upon termination, your right to use the Platform will immediately cease. Any provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

Tenant accounts may request data export prior to account termination. We will make commercially reasonable efforts to provide such data in a standard format within a reasonable period, subject to any applicable legal retention requirements.

17. Modifications to Terms

Novasys IT reserves the right to modify these Terms at any time. Material changes will be communicated through the Platform or via email to registered users at least thirty (30) days prior to the changes taking effect.

Your continued use of the Platform after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Platform immediately.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, specifically the Gauteng Division of the High Court, Pretoria, or the appropriate Magistrate's Court within the jurisdiction of Pretoria.

Nothing in these Terms shall prevent either party from seeking urgent interim relief from a court of competent jurisdiction where such relief is necessary to protect its rights.

19. Force Majeure

Novasys IT shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, power failures, internet outages, telecommunications failures, cyberattacks, pandemics, civil unrest, or any other force majeure event. Our obligations will be suspended for the duration of such event, and we will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

20. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent and economic effect of the severed provision.

21. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements entered into between you and Novasys IT, constitute the entire agreement between you and Novasys IT regarding your use of the Platform. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, relating to the subject matter hereof.

22. Waiver

No failure or delay by Novasys IT in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A waiver of any right or remedy on one occasion shall not constitute a waiver of that right or remedy on any subsequent occasion. Any waiver must be in writing and signed by an authorised representative of Novasys IT to be effective.

23. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Novasys IT. Novasys IT may assign its rights and obligations under these Terms to any affiliate, successor, or acquirer without your consent, provided that such assignee agrees to be bound by these Terms.

24. Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered by email to the respective party's registered email address.

Notices to Novasys IT should be directed to:

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, please contact us at: