Effective Date: 1 January 2026
These Terms of Service (“Terms”) govern your access to and use of the SencePay website, software, communications platform and related services.
SencePay is a trading name of Sence Payments Pty Ltd (ABN 13 648 546 623) (“SencePay”, “we”, “our” or “us”).
By accessing our website or using any of our products or services, you agree to be bound by these Terms.
1. About SencePay
SencePay provides marketing technology, customer engagement, messaging, communications, automation and related digital business solutions.
These Terms apply to:
- our website;
- customer portal;
- messaging services;
- APIs and integrations;
- software and technology platform;
- all products and services offered under the SencePay brand.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into these Terms.
If you use SencePay on behalf of a business or organisation, you warrant that you have authority to bind that organisation to these Terms.
3. Account Registration
Some services require an account.
You agree to:
- provide accurate information;
- keep your information up to date;
- maintain the security of your login credentials;
- notify us immediately of any unauthorised access.
You remain responsible for all activity occurring under your account.
4. Acceptable Use
You agree not to use SencePay to:
- violate any law or regulation;
- send unsolicited or unlawful marketing communications;
- distribute spam;
- transmit malware or harmful code;
- infringe another person’s intellectual property;
- harass, threaten or abuse others;
- interfere with our systems or security;
- attempt unauthorised access to our services;
- use our services in a fraudulent or deceptive manner.
We reserve the right to suspend or terminate accounts that breach these Terms.
5. Customer Responsibilities
Where you use SencePay to send SMS, email or other communications, you are responsible for:
- obtaining all required customer consents;
- complying with the Privacy Act 1988 (Cth);
- complying with the Spam Act 2003 (Cth);
- complying with any telecommunications or consumer protection laws;
- ensuring all contact lists have been lawfully obtained;
- honouring unsubscribe and opt-out requests.
SencePay provides the technology platform but does not assume responsibility for the legality of communications sent by customers.
6. SMS Messaging Terms
Where SMS messaging services are enabled, the following terms apply.
Consent
SMS messages are only sent where recipients have provided appropriate consent or where otherwise permitted by law.
Customers are responsible for maintaining evidence of consent where required.
Message Types
Messages may include:
- customer notifications;
- service updates;
- appointment reminders;
- customer support communications;
- account alerts;
- marketing communications where consent has been obtained.
Opt-Out
Recipients may unsubscribe from SMS communications at any time by replying STOP.
Customers must honour all unsubscribe requests.
Assistance
Recipients may reply HELP or contact:
Message Charges
Standard mobile carrier message and data charges may apply.
Delivery
While we aim to provide reliable delivery, message delivery depends upon third-party telecommunications providers and cannot be guaranteed.
7. Intellectual Property
All intellectual property relating to the SencePay website, software, branding, documentation, graphics, code, designs and content remains the property of Sence Payments Pty Ltd or its licensors.
Nothing in these Terms transfers ownership of any intellectual property.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our services for your internal business purposes.
You must not:
- copy;
- reproduce;
- modify;
- reverse engineer;
- decompile;
- sublicense;
- distribute;
- create derivative works;
except where permitted by law.
8. Customer Content
You retain ownership of all data, messages, images, content and other information you upload to SencePay.
You grant SencePay a non-exclusive licence to host, process, transmit and store your content solely for the purpose of providing our services.
You warrant that you have all necessary rights and permissions to upload and use such content.
9. Privacy
Our collection and handling of personal information is governed by our Privacy Policy.
By using our services, you acknowledge that you have read our Privacy Policy.
10. Third-Party Services
Our services may integrate with third-party providers including cloud hosting providers, payment processors, telecommunications providers, CRM platforms and software integrations.
We are not responsible for the availability or performance of third-party services outside our reasonable control.
11. Fees and Payment
Where services are supplied on a paid basis:
- fees are payable in accordance with your agreement or subscription;
- invoices must be paid by the due date;
- overdue accounts may incur interest or collection costs where permitted by law;
- we may suspend services where accounts remain unpaid.
Unless otherwise stated, fees are exclusive of GST.
12. Service Availability
We aim to provide reliable services but do not guarantee uninterrupted or error-free operation.
Services may occasionally be unavailable due to:
- maintenance;
- upgrades;
- internet outages;
- telecommunications failures;
- events beyond our reasonable control.
We may modify, improve or discontinue features from time to time.
13. Disclaimers
Our website and services are provided on an “as available” basis.
To the maximum extent permitted by Australian law, SencePay excludes all warranties not expressly stated in these Terms.
Nothing in these Terms excludes any rights or guarantees that cannot be excluded under the Australian Consumer Law.
14. Limitation of Liability
To the extent permitted by law, Sence Payments Pty Ltd shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, goodwill, business opportunity or data arising from your use of our services.
Where liability cannot legally be excluded, our liability is limited, at our option, to:
- resupplying the relevant services; or
- refunding the amount paid for those services.
15. Indemnity
You agree to indemnify and hold harmless Sence Payments Pty Ltd, its directors, employees, contractors and related entities against any claims, losses, damages, costs or expenses arising from:
- your breach of these Terms;
- your unlawful use of the services;
- your communications sent using the SencePay platform;
- infringement of any third-party rights.
16. Suspension and Termination
We may suspend or terminate access immediately where:
- these Terms are breached;
- unlawful activity is suspected;
- continued access may compromise our systems or other customers;
- payment obligations remain outstanding.
You may cease using the services at any time subject to any applicable service agreement.
17. Changes to the Services
We may update, improve, replace or discontinue any feature of the SencePay platform at any time.
Where changes materially affect paid services, we will provide reasonable notice where practicable.
18. Changes to these Terms
We may amend these Terms from time to time.
The current version will always be published on our website with the effective date.
Continued use of our services constitutes acceptance of any updated Terms.
19. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
20. Contact Us
For any questions regarding these Terms of Service, please contact:
SencePay
A business of Sence Payments Pty Ltd
ABN 13 648 546 623
Email: support@sencepay.com.au
Website: https://sencepay.com.au
By accessing or using the SencePay website or services, you acknowledge that you have read, understood and agree to these Terms of Service.
