Please read these Terms carefully. By using Sine or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Sine.
If a Client, or any other User in relation to the Client’s account, does not comply with these Terms (including failing to make any payment by a due date), Sine may, with or without notice, cancel or suspend that Client’s account and refuse to provide the Services to that Client.
Sine may update or modify the software component of the Services (including adding new features and/ or functionality, which will then be subject to these Terms) from time to time. Such updates may be provided via the software periodically checking for software updates, downloading and installing them. Updates must only be obtained from Sine and each User agrees to receive such updates with or without any additional notice.
Sine may, from time to time, open an account for a Client with the Client’s permission and once opened such account will then be the responsibility of the Client. By requesting Sine to open an account for the Client, the Client acknowledges and agrees to these Terms. In order to access and use the Services, a Client (or, for a corporate Client, a representative acting on its behalf) will need to be 16 years or older and be a natural person (as accounts and logins may not be registered or accessed via bots or other automated methods) and provide certain information about themselves, including a full legal name and email address (“Account Information”). All Clients agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update the Account Information in order to ensure that it remains true, accurate, current and complete. A person that creates a Client account (including administration account) for a site or on behalf of a Client agrees, warrants and represents that they are legally authorised to do so. Any unauthorised account creation may result in the termination of the account and/ or suspension of the Services for that site in the sole discretion of Sine. Sine may from time to time contact a Client or site to check or assess a Client account.
A Client may only cancel their account through the Website and any Fees paid are non-refundable. If a Client elects to cancel their account, cancellation will not become effective unless and until no money is owing to Sine in respect of that Client’s account. Sine has no obligation to retain any content or data following the cancellation of an account or the Services and is not liable for any loss or damage following, or as a result of, the deletion of, or any inability to access, the same. It is a Client’s responsibility to ensure that any content or data which is required is backed-up or replicated before cancellation.
All fees for Services (“Fees”) are charged in advance on a monthly or annual basis (as notified by Sine). Sine may, at its discretion, issue to a Client a single invoice for all Services and sites under these Terms or, multiple invoices from time to time for specific Services and/ or sites under these Terms. All Fees are strictly non-refundable, including for partial months of Services, Service upgrades or downgrades, unused Services or cancellation of the Services for a particular site. Sine is not liable in any way for any lack of refunds in connection with the Services. A valid credit card number may be required for paying a Client account. Sine may, at its discretion, require payment in cleared funds for all hardware to be provided as part of the Services before dispatch. Any requested or required upgrade in plan, or additional services or functionality at a site, or provision of the Services to additional site(s), requested by a Client and provided by Sine (at its discretion), will incur additional fees applied on a pro-rata basis for the remainder of the Client’s current billing cycle and in full thereafter. Sine may charge such additional fees to a Client’s credit card. Sine’s current monthly and annual plan fees may also be changed from time to time at Sine’s discretion by updating the fees listed on its website or otherwise notifying a Client. For an existing Client, this change will become effective at the start of the Client’s next billing cycle. Sine is not liable to Clients or any third party for any change in its monthly and annual plan fees.
If a Client is carrying out any offered free trial of the Services, the free trial will begin on the day that the Client’s account is opened and end 30 days later. At the end of the free trial period, a Client may need to provide a valid credit card number in order to further use the Services. An invoice shall automatically become rendered for the Service on the expiry of the trial period for active Clients of the Service. If a Client requests an extension to their trial, this must be approved in writing by Sine.
If a Client subscribes to the Sine Total Pack, the additional Sine Total Pack Terms available here apply and shall form part of these Terms.
All sums payable by a Client shall be paid in full without set-off or counterclaim or any restriction or condition and free and clear of any tax or other deductions or withholdings of any nature. If a Client or any other person is required by any law or regulation to make any deduction or withholding (on account of tax or otherwise) from any payment, the Client shall, together with such payment, pay such additional amount as will ensure that Sine receives (free and clear of any tax or other deductions or withholdings) the full amount which it would have received if no such deduction or withholding had been required.
All sums payable by a Client are, unless expressly stated otherwise, exclusive of GST, sales, use, goods and services, value added or other similar tax or levy, and any penalties and/or interest related thereto (together, “GST Tax”). If GST Tax is payable on any supply, the Client must upon receiving a tax invoice from Sine pay to Sine an amount equal to the GST Tax payable on the supply. This amount will be paid in addition to, and at the same time as, the consideration for the supply.
If Services (including hardware) are provided outside Australia, the Client must bear the cost of and pay any applicable import, customs or other duties or tariffs (however described) levied or imposed upon the provision of the Services to the Client under these Terms.
If you are a Client that engages a third party (each, an “Integration Party”) to provide various services that integrate via an application programming interface (“API”) on an “as is” basis with the Services (for each Integration Party, the “Integration Services”) the Additional Client Integration Terms available here apply and shall form part of these Terms.
If you are an Integration Party, the Additional Integration Party Terms available here apply and shall form part of these Terms.
Each User is responsible for all activity that results from or is in connection with their use of the Services and all information and content uploaded or produced by or at the request of the User in using the Services. A Client is also responsible for all other Users’ activities that result from or are in connection with the use of the Services in relation to the Client’s account and all information and content uploaded or produced by or at the request of the Client or a User in using the Services in relation to the Client’s account. Sine disclaims any and all liability in relation to a person’s use of the Services, and all information and content uploaded or produced by or at the request of a Client or a User in using the Services, and will not be held accountable if a person suffers any loss or damage as a result of or in connection with the same, including (but not limited to) any loss or damage resulting from any downgrade of the Services, or the cancellation of any Client account.
The Services are provided on an “as is” and “as available” basis, and the use of them is at your sole risk. To the maximum extent permitted by law, Sine does not warrant that the Services will meet your specific requirements, the Services will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Services will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained through the Services will meet your expectations, or any errors in the Services will be corrected. You acknowledge that Sine may use third party suppliers and service providers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third parties may be outside of Sine’s control, and Sine shall not be liable for any loss or damage suffered as a result of any act or omission of any third party. On behalf of itself and such third parties, Sine excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law. Notwithstanding this Clause 12, Sine acknowledges that under the Australian Consumer Law (if it applies), and any other applicable law, there may be certain statutory guarantees and warranties implied into these Terms in particular circumstances that cannot be contracted out of (“Statutory Guarantees”) and therefore, to that extent such Statutory Guarantees apply to these Terms and those circumstances, nothing in these Terms purports to modify or exclude such Statutory Guarantees;
To the maximum extent permitted by law, Sine 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: (a) the provision of, the use of, or the inability to use, the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data or any other information and content uploaded or produced by or at the request of a Client or a User in using the Services; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services and/ or these Terms. Sine’s maximum aggregate liability under or in connection with the Services and these Terms shall be limited to the amount of Fees paid to Sine by the Client for the immediately preceding 12-month period. Sine specifically shall not be responsible or liable for any failure of the Services to issue a pass or to send a message to a User in any circumstances. From time to time, such actions may fail and/ or be disrupted which may lead to a failure of Services. The Services are not a replacement for emergency systems installed at a site.
Each User 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 relevant User’s use of the Services or breach of these Terms. Each Client indemnifies, and will keep indemnified, Sine against all forms of loss, damage, liability, actions, proceedings, demands, costs, charges, expenses (including legal costs on a full indemnity basis) and any other claims which Sine may sustain, incur or be subject to or suffer as a result of or in connection with a User’s use of the Services in relation to the Client’s account.
No User may use the Services for any illegal or unauthorised purpose, or upload or produce any information or content that is in breach of or otherwise infringes any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation, or is (or has the potential to be) defamatory, fraudulent, misleading, obscene, pornographic, dangerous, or otherwise unlawful or tortious.
Users may only access the Services through the interface provided by Sine, and must not use the Services for any malicious means, or to abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services. A User must not, without the prior written consent of Sine, cause the Services to be prejudicially affected or contested, make any alterations to the Services, assist or encourage any third-party application to connect to and read data from the Services, or engage in, or assist others to engage in, the reverse engineering, disassembly or decompilation of the Services.
From time to time Sine may refer to your use of the Services on the Website. If you do not wish for your use to be disclosed on the Website, please let us know and we will remove the reference.
All Users agree that Sine owns all of the intellectual property rights existing in the Services. Each User agrees that their use of the Services and acceptance of these Terms does not transfer to them or any other User any intellectual property rights in the Services; however, Sine claims no intellectual property rights in relation to the information or content uploaded by the User in using the Services.
No User may publish or use Sine’s brand, branding or logos except with Sine’s prior written consent.
Sine does not warrant the suitability or performance of any tablets, stands, wireless devices or any other equipment and hardware being supplied as part of the Services. Any hardware supplied by Sine to a Client for any trial period and used and retained by the Client for more than 30 days after the date of dispatch, will attract a fee payable in full and shall not be returnable for any reason whatsoever. Hardware may only be returned in like new condition prior to the expiry of 30 days from the date of dispatch.
Sine is an Authorised Apple re-seller in Australia. iPads purchased outside Australia are made available by Sine only as part of the overall Sine software service and iPads are not sold separately. Beneficial ownership of any iPads sold outside Australia by Sine remain with Sine. Customers outside Australia should purchase iPads separately if they wish to own them outright.
Some elements of the Services will require the Client’s equipment and networks meet certain technical levels (“System Requirements”). Sine takes no responsibility for problems associated with or arising from an inability to access, receive or use the Services due to equipment, network or internet speed not meeting the System Requirements.
Sine will use reasonable endeavours to promptly address (during normal business hours) all technical issues that arise in connection with the Services. However, Sine will not be liable for any loss or damage suffered as a result of any partial or total breakdown of, or any technical malfunctions or inability to use, the Services (either in whole or in part). Each Client agrees that Sine’s support team may access their account from time to time in order to diagnose and fix problems.
If Host Notifications are set to ON, hosts will receive notifications that a visitor has arrived. Hosts notifications can be sent via SMS, email and push notifications to the Sine mobile app. SMS can also be generated by individual messaging to a visitor. Clients are provided with sufficient SMS usage to fulfil normal host and visitor notifications based on normal and bona fide account usage in good faith. Any excessive, malicious or usage deemed to be outside the ordinary course of business shall incur additional SMS costs or suspension of the Services. Hosts are required to have individual email or mobile numbers for the Service to operate correctly. Host uploads are limited to 5000 individual hosts per team unless otherwise agreed with Sine.
In the event that Sine provides 4G or other data plans, these data plans and charges are estimates only and are subject to further charges in the event that usage exceeds the plan levels provided to the Client. Any data allowance is for the Sine Service ONLY and does NOT include Apple iOS updates which if downloaded may incur further charges by Sine as incurred by the data providers we utilise (which further charges will then be passed on to the Client).
Sine provides plan types for each site based on estimated average check-in volumes per day for all visitor types, including staff. If the average of the check-in volumes per day for a site over any 30 day period exceeds such estimate Sine may contact the Client to require an upgrade to a larger plan type for that site. If the Client does not accept this upgrade request, Sine may suspend or terminate the Services (in which case, any fees paid in advance for the Services are non-refundable). In this Term, check-in includes any pass or rejection created for any type of visitor (including staff) on the system via web, tablet or mobile.
Clients are responsible for maintaining the security of their account/ user names and passwords. Sine will not be liable for any loss or damage that may result from any failure to keep account/ user names and passwords secure. Sine makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
At all times, a Client must comply (including providing any required notices and obtaining any required consents) with the Privacy Act 1988 (Cth) (“Privacy Act”) and any other applicable privacy laws and data protection laws which may be in force from time to time in relation to the collection, use, holding and disclosure of personal information for the Services and any other information and content uploaded or produced by or at the request of the Client or a User in using the Services.
Each User agrees in relation to the Confidential Information of Sine: (a) not to use or disclose the Confidential Information for its own benefit or for the benefit of others, except as otherwise authorised by Sine in writing; (b) to keep the Confidential Information confidential and not disclose it or allow it to be disclosed to any third party except as required by law, regulation, rule, Court order or government or regulatory authority (provided the User has taken all reasonable steps to oppose or prevent the disclosure and to limit, as far as reasonably possible, the extent of the disclosure); (c) to take or cause to be taken reasonable precautions necessary to maintain the secrecy and confidentiality of the Confidential Information and to avoid disclosure, dissemination or unauthorized use of the Confidential Information, including, at a minimum, those measures the User takes to protect its own confidential information of a similar nature.
For the purpose of this Clause 26, Confidential Information means all information, forms, know-how, specifications, processes, statements, formulae, trade secrets, drawings, records and data (and copies and extracts made of or from that information and data) whether relating to the past, present or future, and whether in written or oral form, concerning the operations and dealings (including business plans and products) of Sine or its related bodies corporate; and the organisation, finance, clients, markets, suppliers and intellectual property of Sine or its related bodies corporate, which is not in the public domain (except by the failure of the User to perform and observe its confidentiality obligations under these Terms).
Sine’s failure or delay to exercise a power or right is not a waiver of that right or power, and the exercise of a power or right does not preclude the future exercise of that or any other power or right. No waiver of any power or right by Sine shall be effective unless it is in writing.
Where a provision of these Terms would otherwise be unenforceable, illegal or void, the effect of that provision shall, so far as is possible, be limited and read down such that it is not unenforceable, illegal or void, or if not possible to be limited or read down, the provision will be severed from the Terms and the Terms will continue in full force and effect, except for the severed provision.
In these Terms: a party includes that party’s successors and permitted assigns; a reference to any statute, or any subordinate legislation or instrument includes all statutes, subordinate legislation or instruments amending, modifying, consolidating, re-writing, re-enacting or replacing them and a reference to a statute includes all subordinate legislation and instruments made under that statute; a reference to “include” and “including” are to be construed without limitation; words or expressions importing the singular include the plural and vice versa, importing a gender include the other gender, and denoting individuals include corporations, firms, unincorporated bodies, government authorities and instrumentalities; where a word or expression is defined or given meaning, another grammatical form has a corresponding meaning; if a party comprises one or more persons, these Terms shall apply to such persons jointly and severally; a provision of these Terms shall not be construed to the disadvantage of a party merely because the party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms. These Terms are personal to each User and no User may assign, transfer, encumber or declare trusts in respect of a Sine account or these Terms without the written consent of Sine.
Sine may amend or modify these Terms at any time with or without notice to Users. Any User who continues to use the Services after any changes have been made to these Terms and/ or the Services agrees to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
The following additional Contact Tracing Terms available here shall apply and form part of these Terms to the extent of 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.
For Users based in the European Union, European Economic area or the United Kingdom, the additional EU Processing Terms available here shall apply and form part of these Terms.
For Users based in the USA, the additional USA Terms available here shall apply and form part of these Terms.
These Terms shall be governed and construed in accordance with laws of the State of South Australia and the Commonwealth of Australia, and all Users submit to the exclusive jurisdiction of the courts of the State of South Australia for any matter or dispute arising in relation to these Terms or the Services.