Terms of Use

Introduction

This website is owned by Sinch Operations Pty Ltd (ABN 66 637 126 697) (“Sinch”). By accessing or using this website and using our services you agree to these Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review our Terms including our Privacy Policy carefully and immediately cease using our Website if you do not agree to these Terms. In these Terms, ‘us’, ‘we’ and ‘our’ means Sinch.

 

About Sinch

Sinch is a cashflow smoothing and Invoice management and payment service provider.

 

Definitions

  • App means the Sinch application which is available online.
  • Biller means the issuing party of the Bill, invoice or expense.
  • Business Day means a day on which trading banks are open for business in Melbourne other than a Saturday or Sunday.
  • Cancellation Date means the date upon which the cancellation of a Subscription, cashflow smoothing account or cashflow smoothing plan takes effect.
  • Content means the material, including all text, graphics, logos, videos, audio and software, made available on the Website.
  • Due Date means the payment date as noted on that Invoice.
  • Instalment date means the date for the payment of your instalments as per your annual cashflow smoothing plan.
  • Invoice means a third-party document such as a bill, receipt and statement which is sent to us by you for expense payment as part of your annual Cashflow Smoothing Plan.
  • Invoice Payment means the payment of a Invoice, or expense to a Payee.
  • Sinch Address means a unique Sinch email address that is provided to a User.
  • Method of Payment means an Australian bank account or other method of payment as may be permitted by us, which will be used by us to direct debit your instalment payments.
  • Payee means third parties who issue Invoices to Users.
  • Payment Date means the date on which payment is made by Sinch.
  • Plan means a bundle of features and services provided by Sinch.
  • Service means the cashflow smoothing, invoice management and payment services that we provide.
  • Subscription means a Sinch Cashflow Smoothing Plan purchased through the website.
  • User means a person who uses our Services.
  • Website means the Sinch Website located at www.cashflowsmoothing.com.au

 

Registration

  • You need to be a registered user to access certain parts of our Website and to use our Services.
  • When you register, and activate your account, we may require personal information such as your name, email addresses, telephone number, bank account details and address. You must ensure that this information is accurate and is kept current at all times.
  • When you register and activate your account you are responsible for keeping your Sinch account details secure and are responsible for all use and activity carried out under your username. The Sinch address may be provided to your Billers to send
    Invoices to your Sinch Account.
  • To create an account, you must:
    • Be at least 18 years of age
    • Possess a bank account in your name or have authority to use
    • Possess the legal right and ability to enter into a legally binding agreement with us 
    • Agree and warrant to use the Website and our Services in accordance with these Terms.
  • Registering an account with Sinch is based on one or multiple annual Cashflow Smoothing Plans with instalments paid weekly, fortnightly, or monthly.
  • We reserve the right to change our legal and commercial terms and conditions at any time. We will notify you of any changes, which will take effect from the start of your next Instalment.

 

Accounts and Applications

  • How to Apply:
    To apply to a Sinch Cashflow Plan, you can click on a button labelled “TRY IT NOW”, “JOIN PILOT”, “EXPRESS YOUR INTEREST”, “Buy”, “Apply”, “Purchase” (or similar) on our web page. You will be asked to complete a form and activate the account by verifying your email and/or mobile phone number. When you apply, we will collect certain information.
  • Register your Expression of Interest:

    The first step is to register your expression of interest in the website. You will need to answer a few basic questions to ensure you are eligible to apply for the Sinch Cashflow Smoothing Pilot. You will need to verify the email address you provide in your registration form.

  • Invitation to apply:
    If you are eligible to participate in the Sinch Cashflow Smoothing pilot you will be sent an invitation to formally apply through to your verified email address. This email will include a link which will redirect you to the application form. You will need to provide the following as part of the application form:
    1. Your own personal details so we can verify your identity;
    2. Your business details so we can verify your business;
    3. Confirm the Total Annual Expenses you wish Cashflow Smooth over 12-months;
    4. Read only access to your business accounting software;

    5. Read only access to your business bank account/s.

       

  • Pricing policy:
    Our pricing policy is incorporated within your Sinch Cashflow Smoothing agreement (Agreement) for each cashflow smoothing plan.
  • Payment methods and security:
    You will need to nominate the business bank account to be used for direct debits for the purposes of your Cashflow Smoothing Plan. We will use your nominated business bank account for the payment of your instalments and for any additional charges incurred by you. We will store the details of your nominated business bank account. Our Privacy Policy contains further information about how we store your information.
  • Collection notice:
    • We collect personal information about you in order to provide you with our Services, respond to enquiries, process your registration and for purposes otherwise set out in our Privacy Policy.
    • We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia.
    • Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected]
    • By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

  • Accuracy, completeness and timeliness of information:

    • The information on our Website is general in nature and should not be relied upon.

    • The information is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

    • We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with the use of this Website or a linked Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    • We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. We will not be liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

    • We are not liable for any fraud or the accuracy of any Invoices. If you notice an error in an Invoice or any suspicious or fraudulent activities after sending it to us or uploading it to us via our platform you must remove it from your account and notify us. You may also need to notify the Payee to issue a new Invoice.

    • We calculate the GST component of Invoices and we may round the figures in accordance with ATO rulings. We may provide information about the GST component of Invoices to our business users. In some cases there may be discrepancies between the GST component that we calculate and the GST component presented on the Invoice due to rounding or errors by the biller.

 

Linked websites

Our Website may contain links to websites operated by third parties, including Payees who participate in our Services. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or services offered, and have no control over or rights in those linked websites or services.

 

Intellectual property rights

  • Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the Content.
  • Your use of this Website, our Services and the Content does not grant or transfer any rights, title or interest to you in relation to this Website or Content. However, we do grant you a revokable licence to access the Website and to view the Content in accordance with the Terms and where applicable, as expressly authorised by us and/or our third party licensors.
  • Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
  • All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
  • No commercial use
    • You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
  • Unacceptable activity
    • You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:
      • breaching any terms and conditions with a Payee;
      • using a Method of Payment without authority to do so or committing any fraudulent act
      • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
      • using this Website to defame or libel us, Payees, our employees or other individuals;
      • uploading files that contain viruses that may cause damage to the Website, our property, or the property of other individuals;
      • posting reviews or transmitting to this Website any non- authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or a third party’s systems or network security.
    • If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

 

Warranties and disclaimers

 

  • To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
  • We reserve the right to restrict, suspend or terminate, at any time and without notice, your access to this Website, our Services or any Content, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

 

Liability

 

  • To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website or the information or materials contained on it, or as a result of the inaccessibility of this Website or supply of services from Payee’s, loss or damage arising from any breach of our Website security including digital fraud or hacking and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  • To the maximum extent permitted by law, our total aggregate liability for all claims relating to your account is limited to the amounts payable by you to us to.
  • You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
  • Your relationship with Sinch
    • Sinch provides cashflow smoothing, invoice management and payment services and arranges Invoice Payments on your behalf.
    • You acknowledge that Sinch is not a party to any dealings, transactions or contract between you and a Payee.
    • You agree that you will not hold Sinch responsible for any damage caused directly or indirectly by services provided by a Payee. We make no representations or warranties in relation to a Payee’s services or the accuracy of any Invoice.
    • You are responsible for adhering to any terms of service or terms and conditions provided by a Payee and you remain responsible for any amounts that you owe to a Payee. You are responsible for complying with all applicable laws in relation to your relationship with a Payee.
  • Force majeure
    • Sinch will not be liable for any delay or failure to perform its obligations pursuant to these terms if caused by circumstances beyond its reasonable control. Including but not limited to
      • acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
      • acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

 

How you can contact us

  • If you have any queries about Sinch or our Website, you are able to submit such queries by contacting us at [email protected]
  • Any queries or complaints received by us will be referred for investigation by our team and a response will be provided to you as soon as possible.

 

Jurisdiction and governing law 

 

  • Your use of the Website and these Terms are governed by the laws of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

 

This Terms of Use was last modified on 14 February 2023