Terms and Conditions of Use

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.

1. Services

Sine Group Pty Ltd A.C.N. 167 296 219 (“Sine”, “we” or “us”) offers workplace software on an “as is” software as a service basis together with various third party hardware products to facilitate the operation of the service. These terms of use as amended from time to time (“Terms” or ”Agreement”) apply to all authorised users (each a “User” or “you”) of Sine’s website (“Website”), Sine’s mobile applications, and any other services offered by Sine (collectively, including the Website, “Services”). In these Terms, a “User” or “you” includes a third-party visitor who checks-in/ out of a site or otherwise uses the Services and “Client” means a User (or you) who is also a Sine account holder or subscriber. By creating a Sine account or otherwise accessing or using the Services, you (and all individual users accessing or using the Services on your behalf) accept and agree to be bound by these Terms. A User may only use the Services in accordance with these Terms. These Terms apply to the provision and use of the Services (including any free trial of the Services) at all times

2. Non-compliance with these Terms

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.

3. Amendments & updates

Sine may amend or modify these Terms at any time with or without notice to Users. Sine may also 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. 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.

4. Accounts & Account Information

Sine may, from time to time, open an account for a Client with the Client’s permission and such account will be the responsibility of the Client. 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 venue or on behalf of a Client agrees 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 in the sole discretion of Sine. Sine may from time to time contact a Client or venue to check or asses the bona fide of an account. 

5. Cancellation of Accounts

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. Content cannot be recovered once an account is cancelled. Sine is not liable for any loss or damage following, or as a result of, cancellation of an account. It is a Client’s responsibility to ensure that any content or data which is required is backed-up or replicated before cancellation.

6. Fees

All fees for Services (“Fees”) are charged in advance on a monthly or annual basis and 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 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 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.

7. Trials

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.

8. Sine Total Pack

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.

9. Taxes

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 all import, customs or other duties or tariffs (however described) levied or imposed upon such Services.

10. Integrations

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.

11. Responsibility

Each User will be responsible for all activity that results from or is in connection with their use of 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. Sine disclaims any and all liability in relation to a person’s use of the Services, and will not be held accountable if a person suffers any loss or damage as a result of their use of the Services, including (but not limited to) any loss or damage resulting from any downgrade of the Services that a Client may opt for through the Website, or the cancellation of any Client account.

12. Services are provided “as is”

The Services are provided on an “as is” and “as available” basis, and the use of them is at your sole risk. 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.

13. Liability

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: (a) the use, 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; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services. 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.

14. Indemnity

Each User indemnifies, and will keep indemnified, Sine against all forms of liability, actions, proceedings, demands, costs, charges, expenses and any other claims which Sine may incur or be subject to or suffer as a result of 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 liability, actions, proceedings, demands, costs, charges, expenses and any other claims which Sine may incur or be subject to or suffer as a result of a User’s use of the Services in relation to the Client’s account.

15. No Illegal Use

No User may use the Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organisation.

16. No Malicious Use

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.

17. Reference to use of Sine

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.

18. Intellectual Property

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.

19. Sine Branding

No User may publish or use Sine’s brand, branding or logos except with Sine’s prior written consent.

20. Hardware

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.

21. System Requirements

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.

22. Technical Support & Malfunctions

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.

23. Hosts, SMS & Data usage

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).

24. Plan Types & Fair Usage

Sine provides plan types based on estimated and average check-in volumes per day for all visitor types, including staff. In the event that a Client exceeds these check-in volumes per day, no extra costs shall apply, unless the excess usage is consistent for at least 30 consecutive days. In this event, Sine may contact the Client to require an upgrade to a larger plan type. 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.

25. Security & Privacy

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.

Sine has published a Privacy Policy for all users at: https://www.sine.co/privacy which shall form part of these Terms.

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.

As part of the Services, Sine may offer face check, facial recognition and related watchlist features (“Face Check”) to a Client. If offered, when a User first checks in/ out on an iPad, they will be presented with a prompt following photo capture asking whether they wish to opt-in to (i.e. enable) Face Check and referring the User to Sine’s Privacy Policy regarding the same. If Face Check is enabled by a User, the User’s biometric information (which is also sensitive information for the purpose of the Privacy Act) will be collected as part of using the photo capture application on a check in /out iPad. Once enabled, a User may later elect when checking in/ out again to opt-out of (i.e. disable) Face Check and delete their biometric information and record.

26. Waiver, Reading Down & Severance

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.

27. Interpretation

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.

28. European Union Users

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.

29. USA Users 

For Users based in the USA, the additional USA Terms available here shall apply and form part of these Terms.

30. Governing Law & Jurisdiction

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 jurisdiction of the courts of the State of South Australia for any matter or dispute arising in relation to these Terms or the Services.

Last updated 10 December 2019