Terms & Conditions

Your access to and use of all information on this website is provided subject to the following terms and conditions.

We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We suggest that each time you access our website you read these terms and conditions.

Eligibility

In order to subscribe to the services provided on this website, you must first register for an account with us by completing certain information set out on our registration page.
Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide by visiting our website, on registration to our website, on subscription to our services, or on engaging in any communications with us including customer service or employment related communications.
We reserve the right to terminate your account with us at any time if you breach these terms and conditions, or for any other reason without notice or any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the website.

Service Descriptions

We endeavor to ensure that details, descriptions, images and prices of services appearing on the website are correct at the time when the relevant information is entered onto the system; however, to the extent permitted by law, we do not warrant that the details, descriptions, images and prices of services, or any other content available on the website, are accurate, complete, reliable, current, or error-free.
Although we aim to keep the website as up to date as possible, the information including the details, descriptions, images and prices of services, and other content available on the website at a particular time may not always reflect the product or services exactly at the moment you place an order. We cannot confirm the price of a service until your application for subscription is accepted in accordance with the “Service Subscriptions” section below.

Prices

If you are accessing our website in Australia, all prices are in Australian Dollars (AUD) and are inclusive of GST. If you are accessing our website outside of Australia, prices may be displayed in a different currency. It is your responsibility to ensure that the correct currency is applied. We reserve the right to amend our prices at any time.
Packaging and postage charges for purchases may be subject to an additional charge, which will be made clear to you at checkout.

Service Subscriptions

When you subscribe to access a service through us, we require you to provide us with certain information including your name, the company of which you are an employee or officer, your business address, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
When you subscribe to a service, we will send you an email confirming receipt of your subscription application. Your subscription application represents an offer to us to subscribe to a service which is accepted by us when we provide you with access to that service and is confirmed by an email we send to you confirming that we have provided you with access to that service.
While we will endeavor to fulfil your subscription application, we will not be liable to any person if we are unable to supply the services in your subscription application. Some services may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any service, or information contained on the website without notice.
In such circumstances where we are unable to supply the services in your subscription application, and where your credit card has been charged, we will refund your credit card for the total amount debited for any part of the services not provided to you.
Once you have submitted a subscription application, you may only cancel that subscription application if access to the services has not already been provided, by contacting us by email at rosters@shiftworksolutions.com.

Service Delivery

We will provide you with access to services subscribed to by you, but do not warrant that access will be provided within any time frame or that it will be uninterrupted or error free. To the extent permitted by law, we do not accept any liability for any loss or damage resulting from any delay or interruption to your access to services subscribed to by you. We expressly exclude any liability whatsoever for any delay or interruption to your accessed to services subscribed to by you that is caused or contributed to by any third party.

Cancellation

If any services subscribed to by you are:
1. provided with an unacceptable level of care and skill;
2. unfit for the purpose you asked for; or
3. not delivered within a reasonable time,

and we do not or cannot fix the problem within a reasonable time, you have the right to cancel the services. We will then refund any monies paid in advance for the services in the same form as your original payment.

We will not cancel any services subscribed to by you or provide any refunds if you have simply:
1. changed your mind;
2. insisted on having a service provided in a particular way, against our advice; or
3. failed to clearly explain your needs to us.

Website Access

When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Uploading information

You represent and warrant in relation to any material or information you provide to the website that:
1. you are authorised to provide the material or information;
2. the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
4. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the website or any law in any country where the material or information is or will be available electronically to users of this website.
5. By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Uploaded Intellectual Property) on to the website, you are granting us a perpetual, non-exclusive and royalty-free license throughout the world to reproduce, use, exploit and sub-license the Uploaded Intellectual Property, as part of the website, to the full extent permitted by intellectual property law in any jurisdiction in which the website is available to users.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
We will retain the legal ownership of any intellectual property rights comprised in any services subscribed to by you.

Limitation of Liability

We do not warrant, guarantee or make any representation that: the website, or the server that makes the site available on the Internet are free of software viruses; or the functions contained in any software contained on the website will operate uninterrupted or are error-free. We are not liable to you for delays to, interruptions of or cessation of the services provided in the website, or linked sites.
To the extent permitted by law, we do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss or damage arising out of your use of or reliance on information contained on or accessed through this website. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirement. We may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information. We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly as a consequence of removing any material or information from the website. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with defamatory, offensive or illegal conduct of any user of the website or any linked site.
To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following at our selection:
1. if the breach relates to goods, the replacement or repair of the goods, or payment of the cost of replacing the goods or of acquiring equivalent goods; and
2. if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Except as otherwise stipulated in these terms and conditions, we, to the maximum extent permitted by law, will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed with us or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.

Indemnity

You agree to indemnify and keep us, and our officers, employees and agents, indemnified against any loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the website, or the supply or non-supply of products or services.
You further agree to indemnify and hold us, and our officers, employees and agents, harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
1. a breach of these terms and conditions by you;
2. the infringement by you, or another user of the website using your name and password, of any intellectual property or other right of any person or entity; and
3. publication of or distribution of the material or information supplied by you.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the Courts of Queensland and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Collection event	Information collected	Use (primary purposes)	Disclosure
Sales and enquiries	Contact information: Such as your name, company of which you are an employee or officer, email address, postal and residential addresses, phone numbers, country of residence (and, if applicable, age and date of birth). Product Information: Such as products or services you are interested in or products or services that you have purchased from us or our affiliated partners and organisations. Transactional information: Such as: Product details and order summary. Details in relation to your financial institution. Payment card type. Card number. Expiry date. CVV number. Proof of ID (e.g. driver’s licence). Customer services: Information collected in connection with us recording calls to our customer services department for quality assurance purposes.	Identity verification: if required, the verification of your identity and age. Sales and delivery: the provision of our products and services to you including: Payment processing, charging, credit card authorisation, verification and debt collection. Delivery of products and access to services. After-sale services: Refunds, exchanges, warranty claims or repairs. To provide customer service functions, including handling customer enquiries and complaints. To provide you with product awareness information. Marketing and consumer analytics: using your personal information to: Aggregate with other information we hold about you, and to then use that data for marketing and consumer analytics. Offer you updates, or other content or products and services or events that may be of interest to you. Improve our services (including contacting you about those improvements and asking you to participate in surveys and reviews about our products and services). Marketing and promotional activities by us (including by direct marketing by mail, telemarketing, email, SMS and MMS messages) such as our periodical newsletters. General administrative and security use: To protect the Shiftwork Solutions websites from security threats, fraud, or other criminal activities. The administration and management of Shiftwork Solutions. The maintenance and development of our products and services, business systems and infrastructure. To provide customer services to customers and for quality assurance purposes when calls are made to our customer services department	Agents and subcontractors engaged by us to assist in the provision of our products and services to you. Service providers (including IT service providers). Third parties connected with the sales and after sales process including, payment platform providers, financial institutions, credit service providers, credit reporting bodies, and any third party providers who provide us with ecommerce services, or who assist us in providing our products and services to you. Third parties connected with the marketing process including Vision6 and other messaging service providers, marketing list providers or third parties who assist us in providing our products and services to you. Any other person to whom disclosure is required or authorised by law.
Marketing services which includes social media	Contact information: Such as your name, company of which you are an employee or officer, email address, current postal and residential addresses, phone numbers, country of residence (and, if applicable, age). Product and service interests: Such as: Products or services you are interested in. Products or services that you have purchased. Aggregated information provided by services such as Google Analytics. Social media activity: Including “likes”, comments posted, feedback, photos posted or uploaded and other information pertaining to your social media activities which concern, or relate, to Shiftwork Solutions. Events: including your attendance at any event and participation in any competitions or promotions, photos taken or any reviews or product or services preferences provided by you. Digital device information: Information which identifies your digital devices, such as the media access control address (or MAC address) of your mobile phone or other digital devices, your device ID, geo-location, computer and connection information.	General marketing and consumer analytics: using your personal information to: Aggregate with other information and to then use it for marketing and consumer analytics. Segment our audiences based on behaviour online. Offer you updates, or other content or products and services that may be of interest to you. Improve our services (including contacting you about those improvements and asking you to participate in surveys or reviews about our products and services). Marketing and promotional activities by us (including by direct mail, telemarketing, retargeting, email, SMS/MMS messages and social media advertising) such as our periodical newsletters. Online accounts or social media: If you create an account with Shiftwork Solutions, attend an event run or facilitated by Shiftwork Solutions (or its agents) or participate in any competition or promotion or our social media platforms (such as Facebook, Twitter, Google+, YouTube, Instagram) and you provide us your personal information, we will use it for: Drawing and contacting winners. Adding entrants to marketing database. Responding to social media messages. Customer service related contact. Fulfilling social media platform rules. Identity verification: if required, the verification of your identity and age. Location-based and device-based marketing: we may use information we collect about your geographical location and digital devices (such as your device MAC address) to send you marketing communications.	Our third party partners, including advertising agencies, digital advertising networks (for example Google and Facebook). Service providers (including IT service providers). Third parties connected with the marketing process including Vision6 and other messaging service providers, marketing list providers or third parties who assist us in providing our products and services to you. Any other person to whom disclosure is required or authorised by law.
Human resources	Contact information: Such as name, e-mail address, current postal and residential address, phone numbers, country of residence, next of kin contact details. Employee record information Identifying information: Such as your photo, passport and residency details, date of birth. CV, resume or candidacy related information: Such as the details provided in your resume or CV, your eligibility to work in Australia, your education, previous employment details, professional memberships or trade qualifications. Tax, superannuation and payroll information: Such as your Tax File Number and ATO Declaration, Superannuation details and financial institution details. Background check information: Information obtained from you or third parties to perform background checks. In order to perform background checks we may require the following types of information from you: Birth certificate, passport or citizenship certificate. Address over last 5 years. Driver’s licence details and Medicare number. Land rate or water rates or other type of utility bill. Credit or debit card details. If applicable, marriage certificate. Medical or health information which relates to your ability to perform your employment duties and/or relates to an injury or accident that occurred during the course of your employment with us. Performance related information: Including information and metrics collected by Shiftwork Solutions systems in the course of the employee or contractor’s engagement with Shiftwork Solutions. Information collected from referees Security information: Such as CCTV security.	Background checks: Utilising the information collected for the purpose of assessing candidate suitability for role, including by obtaining or conducting: Verification of your identity and age. Bankruptcy and directorship search and company checks. Social media activity background checks including publicly available information including Facebook, Twitter, Instagram, and YouTube. Criminal history background checks. Confirmation of eligibility to work in Australia. Confirmation of education and qualifications. Confirmation of previous employment. Consideration regarding medical leave. Administration and performance monitoring use: Utilising the information collected for the purpose of: Dealings related to the employer/employee relationship or the contractor/principal relationship (as the case may be). Use of such information whether or not the employment or contractor relationship is prospective, current or past. To facilitate any purchase of any products or services and associated discounts. Use of such information to monitor systems, performance and time usage and internet usage. General administrative and security use: To protect Shiftwork Solutions systems and websites from security threats, fraud, or other criminal activities. The use of your personal information collected in the administration and management of Shiftwork Solutions.	A relevant superannuation fund. The Australian Taxation Office. Relevant Worker’s Compensation organisation(s) (e.g. WorkCover). Third party referees provided by you in connection with an application made to Shiftwork Solutions. Service providers (including IT service providers), if any. Recruitment agents used in connection with your application with us. Third party parties in connection with obtaining any background checks, pre-employment screening (including without limitation psychometric services) or loss prevention consultation and implementation programs. Financial institutions for payroll purposes. Any other person to whom disclosure is required or authorised by law.

Unsolicited personal information
In the event we collect personal information from you, or a third party, in circumstances where we have not requested or solicited that information and it is determined by us that the personal information is not required, we will destroy the information or ensure that the information is de-identified.

Consequence of not providing information
When you engage in certain activities online, such as sending us feedback or other correspondence, we may ask you to provide certain information. It is completely optional for you to engage in these activities.

Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

Direct Marketing
You give your express and informed consent to us using your personal information to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications).

We use third parties, including Vision6, to prepare and send all Direct Marketing Communications. We provide Vision6 with your contact particulars, and Vision6 stores those contact particulars and details of all Direct Marketing Communications sent to those contact particulars.

If at any time you do not wish to receive any further Direct Marketing Communications, you may ask us not to send you any further Direct Marketing Communications. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting the privacy officer at rosters@shiftworksolutions.com or 26 Church Street, FORTITUDE VALLEY QLD 4006.

Linked websites
This website may offer links to other websites. Those websites may also collect your personal information (including information generated through the use of cookies) when you visit them. We are not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarise yourself with their privacy policies before providing them with your personal information.

Cookies and IP addresses
If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit the Shiftwork Solutions website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.

However, in some cases, cookies may enable us to aggregate certain information obtained via cookies with other personal information we collect and hold about you. In these cases, Shiftwork Solutions extends the same privacy protection to the aggregated information (including the information obtained via cookies) as we extend to the personal information we collect from you directly or from other sources, such as third parties, as detailed in this Privacy Policy.

You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved website experience that cookies offer.

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.

Anonymity
To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with Shiftwork Solutions on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for Shiftwork Solutions to correspond with you in this manner and your personal information may be required in order to provide you with our products and services or to resolve any issue you may have.

Cross border disclosures
Any personal information collected and held by Shiftwork Solutions may be disclosed to, and held at, a destination outside Australia. Generally speaking this may be because we utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure. As these can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held.

The Privacy Act 1988 (Cth) requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988 (Cth). By submitting your personal information to Shiftwork Solutions, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy. By providing your consent, under the Privacy Act 1988 (Cth), we are not required to take such steps as may be reasonable in the circumstances.

If you do not agree to the disclosure of your personal information outside Australia by Shiftwork Solutions, you should tell Shiftwork Solutions that you do not consent. To do this, contact the privacy officer at rosters@shiftworksolutions.com or 26 Church Street, FORTITUDE VALLEY QLD 4006.

Accuracy of your personal information
The accuracy of personal information depends largely on the information you provide to us, so we recommend that you:

let us know if there are any errors in your personal information; and
keep us up-to-date with changes to your personal information (such as your name or address).

You are entitled to have access to any personal information relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act 1988 (Cth)). You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting the privacy officer at rosters@shiftworksolutions.com or 26 Church Street, FORTITUDE VALLEY QLD 4006.

Complaints
If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by contacting the privacy officer at rosters@shiftworksolutions.com or 26 Church Street, FORTITUDE VALLEY QLD 4006.

In order to resolve a complaint, we:

will keep a record of the complaint and any action taken in a Register of Complaints;
will liaise with you to identify and define the nature and cause of the complaint;
may request that you provide the details of the complaint in writing;
will keep you informed of the likely time within which we will respond to your complaint;
will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision required to be made is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision; and
will inform you of the legislative basis (if any) of our decision in resolving such complaint.

Interaction of this Privacy Policy with contracts
This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, Shiftwork Solutions may incorporate all, or part, of this Privacy Policy into the terms of any contract such that:

certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Shiftwork Solutions, but do create contractual obligations on the other party to the contract; and
the consents provided in this policy become contractual terms provided by the other party to the contract.

Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to Shiftwork Solutions Pty Ltd (ABN 74 083 056 240) (Shiftwork Solutions).