Sensium – End User License Agreement (EULA)

Version: July 2025

1. General Provisions

1.1 This End User License Agreement (EULA) applies to your use of Sensium’s website(s), products, and services, and operate in addition to (and do not override) any applicable Connection Agreement you may hold with Sensium regarding the use of our tracking platform, hardware, or connectivity services.

1.2. Where you have an additional Connection Agreement with an approved network provider, these website terms and conditions will apply to your use of our website, the content, and all of the products and services offered or promoted by us on our website.

2. General

2.1. “Website” means any Internet website owned and operated by us. “Goods” means all GPS Tracking products and related accessories, software and other goods or services of any kind which are supplied by us to you under these Terms.

2.2. When you purchase Goods or services from our Website, or otherwise use the Website, these Terms will apply. In the event of a conflict between these Terms and any other trading or ordering terms presented on the Website, these Terms will prevail. Where Goods or services are supplied by third parties via links or references on the Website, Sensium accepts no responsibility or liability for those third-party offerings.

2.3. These Terms may not be modified, amended, cancelled or waived in whole or in part except as agreed by us in writing. We may amend these Terms from time to time and if you continue to order Goods or services from us after these Terms have been amended, you will be deemed to have agreed to the amended Terms.

3. Price and Orders

3.1. Each order made must be accompanied by payment by way of cash, credit card, cheque or direct debit. Each order requiring credit or payment on invoice terms will be subject to Sensium’s approval of our standard Credit Application Form or alternative credit arrangement approved by Sensium’s authorised representative. Delivery of Goods pursuant to an order containing conditions of purchase inconsistent with these Terms will be deemed to be a counter offer and acceptance of such Goods by you will constitute acceptance of these Terms in place of any conditions of contract contained in your order.

3.2. Orders for Goods or services may not be cancelled without our prior approval in writing.

3.3. All prices quoted are in $NZD, exclusive of GST and freight/delivery charges, unless otherwise stated.

3.4. The price of the Goods and any services we provide may be altered by us without notice but we may from time to time notify you of any alteration to the price of the Goods or services in writing. Unless otherwise agreed by us, the price payable for Goods and services is the price stated on the invoice for the Goods and/or services.

3.5. Where we deliver Goods or services in installments, each delivery installment will be invoiced separately without reference to any other installments.

4. Payment

4.1. You must pay for the Goods and any services prior to or on the Invoice Due Date shown on your invoice, or immediately upon the commencement of any action or proceeding by a third party involving your solvency, whichever is the first to occur (“Due Date”).

4.2. You must pay for the Goods and any services in full without deduction or set-off and pay goods and services tax (pursuant to the Goods and Services Tax Act 1985) and any other government duties, levies or taxes in respect of the Goods and/or services.

4.3. If you fail to pay for any Goods and/or services by the Due Date or otherwise fail to comply with any of these Terms, we may:

revoke any credit accommodation and require all further sales to be on a cash-before-delivery basis;
require that all amounts owing to us are immediately due and payable without deduction;
rescind all discounted quotations or rates and recalculate outstanding charges;
require you to pay interest on the overdue amount at a rate per annum equivalent to our then current bank overdraft rate plus five percent, calculated on a daily basis from the Due Date until the date payment is made in full; and
suspend further deliveries of Goods and services to you until you have paid the overdue amount in full together with any interest payable thereon.
terminate the monthly connection services to any connected units against the same account
require the immediate return of all GPS Tracking units & hardware for which payment has not been made
list the outstanding amounts with Veda Advantage or other such Credit Reporting Agency as a default and or commence recovery action for such amounts, plus the costs of collection and recovery

4.4. We may at any time set-off amounts owed by us to you against amounts owed by you to us.

4.5. We may at any time, refuse to extend further credit to you and our approval of your application for credit does not oblige us to extend to you any particular amount of credit.

5. Delivery and Risk

5.1. We will use reasonable endeavours to deliver Goods within a reasonable timeframe, subject to stock availability. We will not be liable for any loss, damage, or delay in delivery — including consequential or indirect loss, or liability for any amounts you may owe to third parties as a result of delay.

5.2. Unless otherwise agreed in writing, you are responsible for all delivery, freight, insurance, and handling charges. If delivery is attempted to your nominated address and access is not available, we may charge additional fees for storage and re-delivery.

5.3. Risk in the Goods passes to you:

upon collection by you or your agent, or
when the Goods are loaded for delivery to your nominated address,
whichever occurs first. You are responsible for insuring the Goods against loss or damage from that point onward.

5.4. You must inspect the Goods upon delivery. Claims for shortages, delivery errors, or visible damage must be made within 72 hours of delivery. Any Goods that appear damaged on delivery must be reported to us immediately.

6. Property and Retention of Title

6.1. Title to the Goods remains with Sensium and will not pass to you until all amounts due in respect of the Goods — including any associated delivery, installation, or service charges — have been paid in full.

6.2. Until payment in full:

You hold the Goods as bailee for Sensium;
You must store the Goods separately from other property in a manner that makes them clearly identifiable as Sensium’s property;
You must not sell, lease, encumber, or otherwise deal with the Goods without our prior written consent.

6.3. If you default in payment, Sensium may, without prejudice to any other rights, enter your premises (or any premises under your control where the Goods are stored) to recover the Goods. You grant us an irrevocable licence to enter such premises for this purpose.

6.4. You acknowledge that Sensium may register its interest in the Goods under the Personal Property Securities Act 1999 (NZ) or Personal Property Securities Act 2009 (AU), and you agree to do all things reasonably necessary to enable Sensium to protect and perfect its security interest, including signing any documents required to facilitate registration.

7. Recovery of Goods

7.1. If you fail to make payment in full by the Due Date, fail to comply with any of these Terms, commit an act of bankruptcy, or enter into an arrangement with all or any number of your creditors, or being a company have a receiver appointed, or go into liquidation whether voluntarily or otherwise, or die, or if goods are “at risk” within the meaning of the PPSA, we will be entitled to repossess and sell Goods ordered by you and, where reasonably necessary for such purpose, may enter any premises where such Goods may reasonably be expected to be held.

8. Costs

8.1. You will pay on demand all costs and expenses incurred by us in connection with the enforcement or attempted enforcement of these Terms, including, without limitation, losses, costs and expenses sustained as a result of a default by you in the performance of any of your obligations under these Terms.

8.2. You agree to pay our prices, charges and costs in accordance with the terms contained in your Connection Agreement (if you have one), any Other Agreement, or in accordance with the terms which we display for any particular product or service, whether on our website or otherwise.

8.3. You agree to do so irrespective of who uses the products or services which we supply to you. These prices, charges and costs will appear on your bill from us.

9. Warranties and Disclaimers

9.1. To the maximum extent permitted by law, all Services are provided “as is” and “as available”. Sensium does not warrant that the Services will be uninterrupted, error-free, or fit for any particular purpose unless expressly stated.

9.2. Goods supplied by third parties (including accessories and components not manufactured by Sensium) are subject to any warranties or guarantees provided by their respective manufacturers. We will pass on the benefit of any such warranties to you where legally permitted, but we are not directly liable for defects in non-Sensium goods.

9.3. Sensium warrants that Sensium and TRACKbox-branded Goods are free from material defects in materials and workmanship for a period of 24 months from the date of purchase. Our liability under this warranty is limited, at our sole discretion, to:

the repair of the Goods;
the replacement of the Goods; or
the supply of equivalent Goods.

9.4. Sensium warrants that Services provided by us will be delivered with reasonable care and skill in accordance with good industry practice.

9.5. This warranty does not apply to any Goods that:

Have been altered, modified, or repaired by any party other than Sensium or its authorised agents;
Have been misused, damaged (wilfully or accidentally), improperly maintained, installed incorrectly, or used for a purpose for which they were not designed;
Have failed due to a cause outside of Sensium’s control, including but not limited to network outages, environmental exposure, or external interference.

9.6. Except as expressly stated above or required by law, Sensium excludes all other warranties, conditions, and guarantees — whether express or implied — including any implied warranties of merchantability or fitness for purpose.

10. Returns

10.1. Sensium will accept the return of Goods within 30 days of purchase and provide a full refund, credit, or exchange, provided all of the following conditions are met:

10.2. Returns must be made to Sensium, or the authorised Reseller or Installer from whom the Goods were originally purchased.

10.3. To be eligible for return, the following conditions must be satisfied:

The return request includes the original invoice number and purchase date;
The fleet or unit ID and associated SIM card number (if applicable) is provided;
The Goods are unused, in their original condition, and in undamaged original packaging;
A written description of the fault, defect, or reason for return is submitted to the provider or to support@sensium.net;
All freight and handling charges for the return are paid by you (unless otherwise agreed in writing); and
The return is not due to Goods that have been misused, installed incorrectly, altered, or damaged after delivery.

10.4. We reserve the right to inspect returned Goods and may decline a return or apply a restocking fee if the above conditions are not met.

10.5. This clause does not affect any rights you may have under the Consumer Guarantees Act 1993 (NZ) or Australian Consumer Law, where applicable.

11. Suspension or Cessation of Service

11.1. Suspension by Sensium

We may suspend your access to any of our services, with or without notice, if:

You fail to make payment when due;
You breach these Terms, your Connection Agreement, or any applicable laws;
Suspension is required to prevent damage, interference, fraud, or misuse;
Suspension is necessary for system maintenance or security.

During any suspension period, you remain liable for all applicable connection charges, minimum monthly fees, and any outstanding amounts up to the date of suspension. Reconnection of services may require our prior approval and may incur a reconnection fee.

11.2. Termination by You

Subject to any terms contained in your Connection Agreement or any other agreement with us, you may terminate your service by providing 30 days’ written notice.

11.3. Early Termination

If you terminate a service before the end of a minimum contract term (if applicable), we reserve the right to charge an early termination fee, and you will remain responsible for all charges incurred up to the termination date.

11.4. Termination by Sensium

We may terminate your service immediately by written notice if:

You fail to remedy a breach within 14 days of being notified;
You become insolvent, enter administration, or cease trading;
We reasonably believe continuation of service would expose us to legal or reputational risk.

12. Consumer Protections

12.1. If you are acquiring any of our products or services for personal, domestic, or household use (i.e. as a consumer), then you may have rights and remedies under the Consumer Guarantees Act 1993 (NZ) or Australian Consumer Law, which we cannot legally exclude. Nothing in these Terms is intended to limit or exclude any of your statutory rights under that legislation.

12.2. If you are acquiring Goods or Services for the purpose of a business, as defined under the Consumer Guarantees Act 1993 (NZ), then:

You acknowledge that the statutory guarantees under that Act do not apply; and
If you on-sell the Goods to a third party, you agree to contract out of the Act in writing with that party, as required.

12.3. If you are based in Australia, we make no representation that the Consumer Guarantees Act applies. However, your rights under Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law) may apply where relevant, and nothing in these Terms excludes or limits those non-excludable rights.

13. Intellectual Property

13.1. All trademarks, trade names, copyrights, patents, designs, software, documentation, and any other intellectual property rights (“Intellectual Property Rights”) used in or associated with the Goods or Services — including, without limitation, hardware design, embedded or cloud software, firmware, manuals, and specifications — are and remain the exclusive property of Sensium, its licensors, or identified third-party suppliers.

13.2. You are granted a limited, non-transferable, non-exclusive licence to use our Intellectual Property solely as required to use the Goods and Services provided by Sensium, in accordance with these Terms and any Connection Agreement.

13.3. You must not:

Copy, modify, reverse engineer, decompile, or attempt to derive source code from any part of the Goods or Services;
Use our Intellectual Property in any way not expressly authorised under this Agreement;
Register or attempt to register any trademarks or IP that are confusingly similar to ours.

13.4. You must notify Sensium promptly if:

A third party makes a claim against you or your customers that challenges our Intellectual Property Rights; or
You become aware of any suspected infringement of our Intellectual Property by a third party.

Sensium reserves the sole right to defend or settle any such claim, and you agree to cooperate with us as reasonably required.

13.5. Upon termination of your account or services, you must:

Immediately cease all use of Sensium’s Intellectual Property;
Remove any references to our brand, trade names, or trademarks from your systems, marketing materials, or documentation.

13.6. This clause survives termination or expiry of this Agreement.

14. Privacy – Credit Reporting

14.1. If you apply for credit with Sensium, you acknowledge and agree that we may collect, use, and disclose your personal information — including credit-related information — for the purpose of assessing your creditworthiness and managing your account.

14.2. You authorise Sensium to:

Disclose your personal information to a credit reporting agency or credit provider (including but not limited to Equifax, illion, or Centrix);
Exchange credit-related information with other credit providers;
Use credit reporting services to verify your identity or check your credit history.

14.3. The types of information we may disclose include:

Your identity and contact details;
The fact that you have applied for credit with us and the amount requested;
That Sensium is a current credit provider to you;
Any overdue payments, dishonoured cheques, or default activity;
Any serious credit infringement (as defined under applicable law);
That your credit facility has been paid, closed, or otherwise discharged.

14.4. You authorise any credit reporting agency or credit provider to provide Sensium with credit-related information about you, including your credit history, credit capacity, and repayment behaviour, for the purpose of assessing your application and ongoing account management.

15. Miscellaneous

15.1. We may require you, or if you are a company, your directors, to give a guarantee and indemnity in the form of Sensium’s Directors’ Guarantee.

15.2. Where you comprise of more than one party, then each reference in these Terms to you will be a reference to each such party jointly and severally and your obligations under these Terms will bind each such party jointly and severally.

15.3. You will immediately notify us of any change in your name, ownership or address. Notwithstanding any such change you will remain liable for all amounts owing to us under these Terms until you have received written confirmation from us that your account has been closed, full payment of money owing has been received and a new account has been opened in the name of the new entity.

15.4. You will indemnify us for all liabilities, claims, losses, expenses, damages or costs resulting from any claim or action by a third party in relation to the Goods or any services we provide.

15.5. If requested by us, you will take out and maintain public liability insurance with an insurer, and on terms, approved by us.

15.6. Failure by us to insist upon compliance with any provisions of these Terms does not constitute a waiver of that provision and we will be entitled to insist upon compliance with all provisions of these Terms at any time.

15.7. If any provision or part of a provision of these Terms is found to be invalid or unenforceable then that provision or part thereof will be severed and the remaining provisions will continue to be binding and have full force and effect on you and us.

15.8. The laws applicable to these Terms are the laws of New Zealand.

15.9. Sensium deems presentation of a vehicle or request for goods & services to be by the lawful owner, or bona fide agent or representative. We accept no responsibility for incorrect representation including all subsequent data and information provided within our goods & services.

16. Subcontractors & Agents

16.1. We may use subcontractors, resellers, and agents to provide products or services to you. We will not be liable to you, or anyone claiming through you, for the direct or indirect consequences of any failure or default by any such contractor. We will use best professional business practice to ensure that a competent, tradesmen-like service is available to you for the delivery of goods & services.

16.2. We may use external sales & marketing, promotional, technical, operational or other outsourced providers to sell, install, market, support or facilitate orders or perform other functions. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers.

17. Revisions to Terms of Use

17.1. We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time.

17.2. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes.

17.3. You should read our related Privacy Policy & Returns Policies posted on our website and other related information regularly to ensure that you continue to agree with our Terms & Conditions.

17.4. If we decide to change these Terms & Conditions, we will post the changes on one or more sites and/or other places we deem appropriate.

18. Limitation of Liability

18.1. Within the full extent permitted by New Zealand Law, without affecting any other limitation of liability contained in these terms of use or otherwise:

18.2. We (including our officers, employees, authorised subcontractors and agents) will not be liable (whether in contract, tort or otherwise whatsoever) to you or any third party claiming through you, for any direct, indirect or consequential damage, incidental, compensatory loss, cost or expense (including loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had) arising from the use of our website, its Content, or through the use of any of our products or services.

18.3. In no event will we be liable for any incidental, special, consequential, direct or indirect damages arising out of or relating to the use or inability to use any site or service related thereto including, without limitation, damages or loss or corruption of data or programes, service interruptions, and / or procurement of substitute services even if we know or have been advised of the possibility of such damages. Under no circumstances will our aggregate liability on any firm of action whatsoever in connection with this agreement and the goods and services provided within exceed the price paid by you to us.

18.4. We will provide those products and services which you order from us, with reasonable care and skill and within a reasonable time-frame unless we expressly stated otherwise, however we do not represent or warrant that any product or service offered or supplied by us will:

operate on a continuous or fault free basis, or at any particular time or location;
be secure or private; or
be free of viruses or other harmful features.

18.5. We will use all reasonable endeavours to restore any services outages as soon as reasonably possible.

18.6. Although we will maintain best endeavours to keep our website and its Content up to date and accurate, we do not represent or warrant that all Content displayed on our website is up to date or accurate at all times.

18.7. We do not warrant or take responsibility for the content of any third party website which may be linked to our website at any time. The links to such sites which we include in our website are for the purposes of information and convenience for you and we do not necessarily endorse the content of those third party sites; or

18.8. Information which is obtained from third parties and which we may post on our website at any time. We do not necessarily endorse the products or services referred to in the information; or

The acts or omissions of any third parties, in relation to any default by them in relation to the provision of, or access to, any of our products or services;

19. Website Use

19.1. By accessing a site, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use a site or download materials from a site.

19.2. These are the terms of use and the privacy policy that apply to the websites below. We refer to the website(s) accessible through the domain(s) and all related websites as “sites”.

Sensium.nz
Sensium.net
Sensium.com.au

19.3. When we refer to “you” or “you’re,” we mean the person accessing the site. If the person accessing the site does so on behalf of another person, including a business or other organisation, “you” or “your” also means that other person, including a business organisation.

20. Copyrights

21. Compliance

21.1. We require you to comply with all applicable laws, regulations, standards and codes including but not limited to the Fair Trading Act 1986, Copyright Act 1994, and the Privacy Act 1993;

21.2. We require you to ensure that anyone who uses our products or services as supplied to you, does so in accordance with these terms and conditions as well as any Connection Agreement which you have with us

21.3. You may use any third party website which we link to our website provided that you comply with the relevant third party’s terms of use for its website. However, we are not liable for any content on any third party website.

22. Limited License

22.1. Your right to use such software is limited to being a licensee (not owner) upon license terms and conditions as may be notified to you by us or one of our third party suppliers at the time the software is downloaded to your Device;

22.2. If these licence terms are not notified to you and are not contained anywhere in the software which is downloaded to your Device, then you will receive a personal, revocable and non-transferable licence to use that software solely for use in conjunction with the relevant product or service which is offered by us and for no other purpose. Any reverse engineering, decompilation, reproduction or redistribution of the software or any component of it is expressly prohibited.

22.3. Subject to these terms of use, you have a non-exclusive, non-transferable, limited right to access the sites and the materials contained therein. You may use the sites for informational purposes and in connection with the purchase of products or services from us.

22.4. We authorise you to view and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services or within membership, forum or survey activity invited through a site, subject to the following restrictions.

You must not copy or reproduce (whether digitally, electronically, by framing or linking, or in hard copy or by any means whatsoever) or in any way use any of our Intellectual Property without our prior written consent, unless such copying, reproduction or use is required for the purpose of using any of our products or services in the manner in which they are intended to be used.
You may not modify, reproduce, display, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use.
You may not resell (in any way) the Content of our website to third parties.

23. Non Disruption

23.1. You agree not to interrupt or attempt or cause any other person or party to disrupt, damage or interrupt the operation of any site in any way.

24. Information Posted on the Site

24.1. For the purposes of membership & user forums, support groups, supplier & technical representatives, surveys and marketing promotions, you should not provide to us any information or material that you do not want published on a site or presented to other users of a site.

24.2. You represent and warranty that you have the authority to grant to us the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and you grant to us that right;

24.3. You also grant us and our suppliers the perpetual, global, non-exclusive and royalty free right to use that intellectual property in the context of our businesses.

24.4. You grant to us the right to enforce all intellectual property rights in such materials including, without limitation any user of a site or other person who copies, replicates, or duplicates any such materials; and

24.5. We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.

25. Misuse of the Sites

25.1. You may not make any statements on, or provide or post any information to, a site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorisation, incorporates the proprietary material of another

26. Disclaimer of Warranties

26.1. Our sites and all material available on them or through them are provided to the user with a disclaimer for all faults and all risk as to satisfactory quality, performance, accuracy, merchantability, fitness for a particular purpose.

27. Changes to the Sites

27.1. We will endeavour to advise you in a professional and timely manner of projected and intended changes to the site(s) and invite your feedback through membership, user, supplier and technical forums on existing and amended features.

27.2. We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites. We may terminate the authorisation, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.

28. Responsibility for Username and Password

28.1. We may provide to you a username and a password or a PIN # or equivalent means of security to use in accessing one or more sites or to use in accessing your account information from Sensium or one of it’s authorised Resellers or representatives.. Until you notify us otherwise and we have provided confirmation of that notification, we will assume that every transaction entered into, and every act or omission undertaken using your username and password are fully authorised by you.

28.2. Other than in the event of your account information including your name, password, or PIN # being compromised by our gross negligence, you are entirely and absolutely responsible for all activity performed using your username and password.

28.3. It is your responsibility to maintain security of your password and account access information and to distribute it in a controlled manner to members of your family or business or organisation and to advise Sensium immediately in writing if you believe the integrity of your security and account access to be compromised.

29. General Privacy Policy

29.1. Sensium undertakes to meet its responsibilities and obligations under the NZ Privacy Act 1993 and its subsequent amendments.

29.2. When and if you order products or services using a site or register for an event, we request information from you using an order form. When we already have information about you (such as through a previous order or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information as required by Sensium. This information may be varied from time to time and is used for billing purposes and to fill your order. If we have trouble processing an order, we use the provided contact information to contact you.

30. Log Files and Analytics

30.1. When you visit a Sensium-operated website or use our platform, we may automatically collect certain technical and usage information via server log files. This information is used to improve our services, enhance site security, and monitor usage trends.

30.2. Collected log file data may include (but is not limited to):

Internet Protocol (IP) addresses;
Browser type and version;
Internet Service Provider (ISP) details;
Referring and exit pages;
Device and platform type;
Date and time of access;
Pages visited and interactions (clickstream data).

30.3. This information is analysed in aggregate and is used solely for system administration, platform improvement, and statistical reporting. It is not used to personally identify individual users unless:

Required by applicable law (e.g. NZ Privacy Act 2020 or Australian Privacy Act 1988);
Necessary to investigate or prevent suspected security incidents, abuse, or fraud;
You have explicitly consented to being identified (e.g. during account login or form submission).

30.4. Sensium does not link this automatically collected data to personally identifiable information unless explicitly stated in our Privacy Policy

31. Database and Reporting Information

31.1. Sensium hosts and maintains account databases on its own infrastructure or through reputable third-party cloud providers. These databases are used to deliver and support our products and services, including reporting, account administration, analytics, and support-related activities.

31.2. Sensium may collect and use GPS tracking data from your devices for operational purposes, such as fleet management, geofencing, maintenance alerts, and reporting. Where such data is used for aggregate analysis (e.g. traffic pattern studies or usage statistics), it will be anonymised and de-identified before processing.

31.3. We may share aggregated and anonymised information with customers, affiliates, research partners, or commercial partners to support benchmarking, service improvement, or reporting. This information does not contain personal data or identifiers and cannot be used to identify individual users, vehicles, or accounts.

31.4. All data handling is subject to Sensium’s Privacy Policy, which outlines how we protect and manage personal and non-personal data in accordance with applicable privacy laws.

32. Data Integrity

32.1. Sensium takes reasonable steps to ensure that all personal information we collect, store, and use is accurate, complete, and relevant for the purposes for which it was collected or authorised by you.

32.2. We rely on the accuracy of the information you provide. If any of your personal or business details change, you agree to notify us promptly so we can update our records.

32.3. Where conflicting or inconsistent information is received — whether from you or from lawful public or commercial sources — we will use reasonable efforts, consistent with prudent business practices, to validate and correct that information.

32.4. If you believe that any personal information we hold about you is inaccurate, incomplete, or out of date, you may request a correction. We will take reasonable steps to verify and make corrections where appropriate, in accordance with applicable law.

33. Contracted Service Providers

33.1. Sensium may engage third-party service providers, subcontractors, or affiliates to perform certain functions on our behalf, such as:

Hosting and infrastructure services;
Technical support;
Installation or logistics;
Billing and payment processing;
Communication or marketing services (where permitted by law or consented to).

33.2. When we share personal information with such providers, we will:

Only disclose information reasonably necessary to perform their function;
Take reasonable steps to ensure those providers handle your personal information in a secure and confidential manner;
Require them, where appropriate, to comply with contractual obligations aligned with the New Zealand Privacy Act 2020, Australian Privacy Act 1988, and any other applicable privacy standards.

33.3. We do not sell or trade your personal information. Any sharing is strictly for the purpose of delivering or improving the Goods and Services you have requested from us.

34. Surveys, User Groups, and Promotional Communications

34.1. From time to time, Sensium may invite you to participate in surveys, feedback sessions, beta testing programs, support groups, or promotional contests. Participation is entirely voluntary and declining to participate will not affect your use of our core services.

34.2. If you choose to participate, we may collect information such as:

Contact details (e.g. name, email, organisation);
Feedback, responses, or usage insights;
Comments on product features, support experiences, or service preferences.

34.3. Information collected may be used to:

Contact you about the survey or contest outcome (e.g. notify winners);
Improve our websites, services, or product roadmap;
Provide aggregated and anonymised insights to our customers, affiliates, or business partners.

34.4. Where you have consented or where permitted by law, we may also use your contact information to:

Notify you of company updates, new features, or upcoming events;
Send marketing communications related to Sensium or selected partner offerings.

34.5. You may opt out of promotional communications at any time by following the unsubscribe link or contacting us directly.

35. Data Security and User Responsibilities

35.1. Sensium takes commercially reasonable steps to protect the personal and account information we collect, both online and offline. Sensitive information is stored securely, either at Sensium’s facilities or within infrastructure managed by reputable third-party providers.

35.2. Access to personal or account data is restricted to authorised personnel who require it for operational, technical, or support functions. We implement physical, administrative, and technical safeguards, including (but not limited to) authentication, access controls, and secure hosting environments.

35.3. We regularly review and update our internal policies and procedures to maintain security best practices, and we use reasonable efforts to ensure that our employees, contractors, and service providers are aware of and comply with these policies.

35.4. You are responsible for:

Ensuring that all information you provide to Sensium is current, accurate, complete, and promptly updated as needed;
Keeping your login credentials, PINs, API keys, and any other access information (“Security Information”) confidential and secure at all times;
Immediately notifying Sensium if you suspect unauthorised access, use, or disclosure of your Security Information.

35.5. Sensium is not responsible for any unauthorised access to your account resulting from your failure to maintain adequate security controls.

36. Platform Access and Single Sign-On (SSO)

36.1. Where Sensium enables Single Sign-On (SSO) or federated identity login (e.g. via Microsoft Entra ID, Google Workspace, or similar), you agree that access to the Sensium platform by your users is governed by your organisation’s internal access and identity management policies.

36.2. You are responsible for managing user roles, access permissions, and authorisations within your SSO or identity provider system, including the addition or removal of users who access Sensium Services.

36.3. Sensium will treat any user authenticated via your SSO as authorised by you, and will not be liable for any unauthorised or unintended access or actions taken by such users unless caused by our negligence or system error.

36.4. You agree to notify Sensium immediately of any actual or suspected unauthorised access or misuse of your SSO-linked accounts.

36.5. Sensium may access, use, or disclose your organisation’s directory data (e.g. email addresses, display names, user roles) solely for the purpose of provisioning platform access and enforcing appropriate security and authorisation controls.

36.6. Where applicable, Sensium may provide role-based access controls within the platform, but the customer remains responsible for enforcing appropriate access hygiene and data protection practices within their organisation.

37. Site and Service Updates

37.1. Automatic Updates

To ensure continued functionality, security, and compliance, Sensium may occasionally deliver configuration updates, patches, or software upgrades to your devices. These updates may be applied automatically and without prior notice, particularly where they are required to maintain compatibility with our services.

37.2. Service Announcements

We may issue updates or service-related announcements via email, in-platform messages, or other communication channels. These announcements may relate to:

Changes to terms or policies;
Planned maintenance or system outages;
New features or platform improvements;
Critical alerts affecting service availability or security.

37.3. Communication Methods

We may send notifications using the contact details associated with your account, including your email address, phone number, or physical address. You are responsible for ensuring that your contact details remain accurate and up to date.

37.4. Account Detail Maintenance

You agree to promptly notify Sensium or its authorised representatives in writing of any changes to your contact or account details. If you believe that any information we hold about you is incorrect or outdated, please contact us in writing to request a correction.

38. Access

38.1. You may have access to personal information about you that we hold and you may correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of third persons would be violated. To access your personal information, and to correct, amend, or delete that information where it is inaccurate, please contact us using your authorised password, PIN #, account information.

38.2. We provide access in the form of disclosure to the affected and authorised individual and, unless otherwise required by applicable law, do not permit access to our database.

38.3. If we refuse access to your personal information for any reason, we will tell you our reasons and will do so as specifically as we can.

39. Force Majeure

39.1 Sensium will not be liable for any failure to perform, or delay in performance of, any obligation under these Terms if such failure or delay is due to an event or circumstance beyond our reasonable control (“Force Majeure Event”).

39.2 Force Majeure Events include, but are not limited to:

Acts of God (e.g. earthquakes, floods, storms, fires);
Pandemic, epidemic, or public health emergency;
War, terrorism, riot, civil unrest, or sabotage;
Government restrictions, embargoes, or intervention (including law changes or lockdowns);
Strikes, labour shortages, or industrial action (whether by Sensium staff or third parties);
Failure, outage, or disruption of telecommunications networks, cloud services, hosting providers, energy supply, or third-party infrastructure;
Cyberattacks or malicious interference (including denial of service, ransomware, or data breach);
Any other cause or circumstance reasonably beyond Sensium’s control.

39.3 Where a Force Majeure Event occurs:

Sensium will notify affected customers as soon as reasonably practical;
Performance of the affected obligations will be suspended for the duration of the event;
Sensium will use reasonable endeavours to mitigate the impact and resume performance as soon as possible.

39.4 If a Force Majeure Event continues for more than 60 days, either party may terminate the affected service(s) with written notice, without penalty or further liability, provided no outstanding fees remain unpaid at the time of termination.

40. Assignment

40.1. You may not assign, transfer, or otherwise deal with any of your rights or obligations under these Terms without the prior written consent of Sensium.

40.2. Sensium may assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party (including as part of a merger, acquisition, restructure, or sale of business assets), without requiring your consent.

40.3. Any permitted assignment will not relieve you of your obligations under these Terms, and will not limit our rights or remedies under this Agreement.

41. LoRa Duress Devices and Message Transmission

41.1. Sensium offers optional LoRa-connected duress devices that communicate wirelessly with a nearby TRACKbox device. Duress messages sent from these pendants are transmitted from the TRACKbox to the Sensium platform via terrestrial 4G/LTE mobile networks, or via Direct-to-Cell (D2C) satellite connectivity where 4G coverage is unavailable.

41.2. While the system is designed for high reliability, the performance of duress message transmission may be impacted by factors outside of Sensium’s control, including but not limited to:

Environmental conditions (e.g. building structures, interference, weather);
Network availability or congestion;
Hardware installation or user misuse;
Satellite connectivity limitations or latency.

41.3. You acknowledge and accept that:

No duress communication system can guarantee instantaneous or successful message delivery in all circumstances;
Sensium does not warrant that all duress messages will be delivered or received within a specific time frame;
Sensium is not liable for any loss, damage, injury, or harm resulting from a failed, delayed, or undelivered duress message, except to the extent required by law.

41.4. Customers are responsible for ensuring that duress devices are installed, tested, and maintained according to Sensium’s guidelines, and for training end users on correct use.

41.5. This clause applies in addition to, and does not limit, any disclaimers or limitations of liability set out elsewhere in these Terms.