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Terms of Use – Additional Contact Tracing Terms

The following additional terms shall apply to a Client’s use, or attempted use, of the Services to comply with any applicable COVID-19 or similar contact tracing law, regulation, Government or regulatory authority policy, rule, decree, direction or lawful request, and/ or similar (each, a Contact Tracing Obligation). To the extent of any inconsistency between the following additional terms and any other terms, the following additional terms shall prevail.

1. General

(a) Whilst the Client may use, or attempt to use, the Services to comply with any applicable Contact Tracing Obligation such compliance is and remains the Client’s (and not Sine’s) responsibility.
(b) At all times, the Client must ensure that it complies with all applicable Contract Tracing Obligations (including, but not limited to, collecting, holding, using and disclosing such information as required to comply with the same).
(c) To the maximum extent permitted by law, Sine has no responsibility and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sine has been advised of the possibility of such damages), resulting from or in connection with the failure of a Client to comply with any applicable Contact Tracing Obligation or any other matters relating thereto.
(d) The Client hereby consents to Sine using and disclosing such information as required in order for the Client and/ or Sine to comply with any applicable Contract Tracing Obligation.

2. Indemnity

The Client indemnifies, and will keep indemnified, Sine against all forms of loss, damage, liability, actions, proceedings, demands, costs (including legal costs on a full indemnity basis), charges, expenses and any other claims which Sine may sustain, incur or be subject to or suffer as a result of or in connection with the Client’s failure to comply with any of these additional terms and/ or any applicable Contact Tracing Obligation.

3. Victorian Government Visitation API

For a Client who has requested that Sine use the Victorian Government’s Visitation API (the Victorian Visitation API) for the Client’s Victorian Site(s), the following provisions in this Clause 3 shall also apply in addition to the above:
(a) The Client acknowledges that Sine has connected to the Victorian Visitation API under the State of Victoria’s Licence Terms for it (the Victorian Visitation API Licence).
(b) The Client must:
(i) ensure that Users of the services at those Victorian site(s) are notified that Sine will be using the Victorian Visitation API and certain information that is collected for the site(s) as part of Sine’s workplace software (for the primary purposes set out in Sine’s Privacy Policy) may therefore also be used and disclosed to the State of Victoria for the further ancillary purposes of contact tracing, the Client’s compliance with any workplace directions issued under Section 200 of the Public Health and Wellbeing Act 2008 (Vic) (Workplace Directions), and Sine’s compliance with its obligations under the Victorian Visitation API Licence;
(ii) take reasonable steps to ensure that Users of the Services at those Victorian site(s) provide accurate information;
(iii) ensure it has collected all information and kept all records required under any Workplace Directions and provided the same to Sine so that Sine can comply with any request received via the Victorian Visitation API;
(iv) provide Sine with such reasonable assistance as required to enable Sine to comply with the Victorian Visitation API Licence in respect of the use of the Victorian Visitation API for those Victorian site(s);
(v) not take any action, or omit to take any action, that would cause or contribute to Sine breaching the Victorian Visitation API Licence;
(vi) not communicate to third parties (including visitors of a site) that the State of Victoria endorses Sine, the Services, or the use of the Victorian Visitation API, nor use the State of Victoria’s trade marks without its prior written consent,
and comply with any reasonable requests from Sine regarding the same.
(c) The Client acknowledges and agrees that these additional terms and the use of the Victorian Visitation API for its Victorian site(s) does not transfer any right, title or interest in any intellectual property rights to the Client or any third person.
(d) Sine may suspend the use of the Victorian Visitation API for a Client’s Victorian site(s) at any time, with notice and without liability to the Client, including if Sine suspects the Client has breached these additional terms or the Victorian Visitation API Licence has been suspended.
(e) The Client acknowledges and agrees that:
(i) the Victorian Visitation API is made available to Sine by the State of Victoria on an ‘as is’ basis, and the use of it for the Client’s Victorian site(s) is likewise offered by Sine on an ‘as is basis’;
(ii) subject to the Victorian Visitation API Licence, Sine may otherwise connect to and use the Victorian Visitation API (and setup, maintain and use such infrastructure and systems for the same) in such manner and by such means as it determines at its discretion;
(iii) Sine does not represent or warrant that the Victorian Visitation API, any software underpinning the Victorian Visitation API, or the use of Victorian Visitation API for the Client’s Victorian site(s) will be error, defect, bug or virus free;
(iv) Sine does not represent that any information or other content on the Victorian Visitation API, or collected, held, used or disclosed via it, is accurate, reliable or correct. The Client acknowledges and agrees that such content is provided on a ‘no reliance’ basis;
(v) the internet is an inherently insecure communication medium, and use of the Victorian Visitation API for the Client’s Victorian site(s) is at the Client’s own risk;
(vi) Sine has no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Victorian Visitation API;
(vii) to the maximum extent permitted by law, Sine will not in any way be liable to the Client or any third party for any kind of loss or damage incurred as a result of the use of the Victorian Visitation API for the Client’s Victorian site(s), or for the State of Victoria’s failure to comply with the Victorian Visitation API Licence or make the Victorian Visitation API available, including failures or interruptions of or to the Victorian Visitation API or the accuracy, timeliness, completeness, security or reliability of any communications made using the Victorian Visitation API. This exclusion of liability extends to any loss or damage the Client or any third party incur however arising, whether in contract, tort (including negligence), in equity or under statute, including any special, indirect, consequential, incidental or punitive damages, and for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable or we have been advised of the possibility of such loss or damage; and
(viii) the disclaimer and limitation of liability provided in this Clause 3(e) shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
(f) Without prejudice or limitation to the indemnity in Clause 2 of these additional terms, the Client further indemnifies, and will keep indemnified, Sine against all forms of loss, damage, liability, actions, proceedings, demands, costs (including legal costs on a full indemnity basis), charges, expenses and any other claims which Sine may sustain, incur or be subject to or suffer as a result of or in connection with:
(i) any information or content available or transmitted by means of the Victorian Visitation API;
(ii) a third party claim in respect of any infringement of, or an allegation that the State of Victoria’s receipt or use of any of the information or materials provided to it via the Victorian Visitation API infringes upon, the intellectual property rights or any other proprietary right of any third party; or
(iii) any breach of this Clause 3 by the Client;
(iv) any indemnity provided by Sine under the Victorian Visitation API Licence,
provided that the Client’s liability for such loss and damage will be reduced proportionately to the extent that Sine’s negligence has contributed to such loss or damage.
(g) Sine may immediately terminate the use of the Victorian Visitation API for the Client’s Victorian site(s) with notice:
(i) where the Client breaches these additional terms;
(ii) where the State of Victoria has ceased to provide the Victorian Visitation API, in whole or in part;
(iii) if Sine considers that the Client has done something that is detrimental to its interests or reputation in respect of the Victorian Visitation API and/ or the Contact Tracing Obligations;
(iv) if the Victorian Visitation API Licence is terminated for any reason;
(v) without reason at the discretion of Sine.
The Client acknowledges that Sine will not have any liability to it for any reason whatsoever arising from any termination of the use of the Victorian Visitation API for the Client’s Victorian site(s).
(h) The Client acknowledges that it has hereby been notified by Sine that if the use of the Victorian Visitation API for the Client’s Victorian site(s) is terminated during the operation of any Workplace Directions:
(i) Sine can no longer provide contact information on the Client’s behalf for the purposes of the Workplace Directions; and
(ii) the Client will be required to implement other measures to comply with any obligations it has under the Workplace Directions.
(i) If the Victorian Visitation API Licence is amended by the State of Victoria at any time, this Clause 3 may be amended without notice by Sine in such manner as Sine determines at its discretion to ensure its compliance with the amended terms of the Victorian Visitation API Licence.

Last updated 19 March 2021