Legal
Contents
These Terms of Service ("Terms") are a legal agreement between you and OchreOnline Pty Ltd (ABN 66 783 251 59). Please read them carefully. By creating an account or using the OchreKiosk service, you agree to these Terms.
By accessing or using OchreKiosk (the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
If you do not agree to these Terms, you must not use the Service.
OchreKiosk is a cloud-based visitor management platform that allows building managers to record visitor sign-ins, track keys, generate compliance reports, and communicate with visitors via SMS and digital visitor passes.
The Service is operated by OchreOnline Pty Ltd (ABN 66 783 251 59), a company registered in the Northern Territory, Australia ("OchreOnline", "we", "us").
The Service is delivered via Cloudflare's global edge network, with data hosted in Australia. We use third-party service providers including Stripe (billing), Resend (email), and BreezeConnect (SMS) to deliver parts of the Service.
To use OchreKiosk, you must subscribe through our website. A subscription provides access to a dedicated kiosk and admin panel for one building site.
You are responsible for:
Volume pricing applies from the third site. Multi-site arrangements are subject to a separate written agreement between you and OchreOnline.
We may, at our discretion, provision trial or free-plan accounts for non-profit organisations or evaluation purposes. These are subject to these Terms unless a separate written agreement applies.
You must not use the Service in any way that:
We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that your use of the Service violates these Terms.
As the operator of an OchreKiosk deployment, you are responsible for:
You are the data controller for visitor information collected via your kiosk. You must ensure that your use of the Service complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including:
You are responsible for the physical security and maintenance of the device used to run the kiosk. We recommend using a dedicated device in a secure, supervised location.
OchreKiosk is a tool to assist with visitor management. It does not replace your obligations under applicable occupational health and safety legislation, fire safety, or building access regulations. You remain solely responsible for ensuring your site complies with all applicable legal requirements.
You are responsible for configuring the Service accurately, including building name, contact email, house rules, and key types. OchreOnline is not responsible for errors arising from misconfiguration.
Each customer's data is stored in a dedicated, isolated Cloudflare D1 database. OchreOnline does not access customer visitor data except as required to provide technical support with your explicit permission.
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.
You grant OchreOnline a non-exclusive licence to store and process data you submit to the Service solely for the purpose of providing the Service to you.
Upon cancellation of your subscription, your data will be retained for up to 12 months and then deleted, unless you request earlier deletion or legal obligations require longer retention.
All software, designs, text, graphics, and other materials forming part of the OchreKiosk platform are the intellectual property of OchreOnline Pty Ltd or its licensors. Nothing in these Terms transfers any intellectual property rights to you.
You retain ownership of all data you upload or collect through the Service. You grant OchreOnline a limited licence to process that data as necessary to provide the Service.
You must not copy, reverse-engineer, decompile, or otherwise attempt to extract the source code of the Service.
We aim to provide a reliable, high-availability service using Cloudflare's global edge network. However, we do not guarantee uninterrupted access to the Service.
We may perform scheduled or emergency maintenance that temporarily affects availability. We will provide reasonable advance notice of scheduled downtime where possible.
The Service may depend on third-party providers (Cloudflare, Stripe, BreezeConnect, Resend). We are not liable for service interruptions caused by these third parties.
Subscriptions are billed monthly or annually in Australian dollars (AUD), as selected at checkout. Billing is processed by Stripe. By subscribing, you authorise Stripe to charge your nominated payment method on a recurring basis.
You may cancel at any time. Cancellation takes effect at the end of the current billing period. No refund is provided for unused days in the current period.
Annual subscriptions run for 12 months from the date of purchase. You may cancel at any time, but no refund is provided for unused months unless required by law.
If a payment fails, we will attempt to collect payment and notify you by email. If payment remains outstanding for more than 14 days, we may suspend access to your site until payment is received. Data will be retained during suspension.
We may change subscription pricing with at least 30 days' written notice. Price changes will take effect at the start of your next billing period. If you do not agree to the new price, you may cancel before the change takes effect.
Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including any consumer guarantee that cannot lawfully be excluded.
To the maximum extent permitted by law, OchreOnline's total aggregate liability to you for any claim arising out of or in connection with the Service is limited to the amounts you paid to OchreOnline in the 12 months preceding the claim.
To the maximum extent permitted by law, OchreOnline is not liable for:
These limitations apply regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if OchreOnline has been advised of the possibility of such damages.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be limited or excluded under the Australian Consumer Law.
You agree to indemnify, defend, and hold harmless OchreOnline, its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Either party may terminate these Terms at any time. You may terminate by cancelling your subscription via Stripe or by contacting us at support@ochrekiosk.com.au.
We may suspend or terminate your access to the Service immediately if:
On termination, your right to use the Service ceases. Data retention and deletion following termination is described in clause 6 and our Privacy Policy.
We may update these Terms from time to time. We will notify you of material changes by email to your registered address at least 30 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.
If you do not agree to the updated Terms, you may cancel your subscription before they take effect.
These Terms are governed by the laws of the Northern Territory, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of the Northern Territory and the Federal Court of Australia.
Nothing in these Terms limits any rights you may have under Australian Consumer Law or any other non-excludable statutory rights.
For questions about these Terms: