In these terms and conditions, “we” “us” and “our” refers to Shiftwork Solutions Pty Ltd (ABN 74 083 056 240) (Shiftwork Solutions).
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.
- 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.
- 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.
- 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.
- 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.
- 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 email@example.com.
- 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.
- If any services subscribed to by you are:
- provided with an unacceptable level of care and skill;
- unfit for the purpose you asked for; or
- 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:
- changed your mind;
- insisted on having a service provided in a particular way, against our advice; or
- failed to clearly explain your needs to us.
- 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.
- 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.
- You represent and warrant in relation to any material or information you provide to the website that:
- you are authorised to provide the material or information;
- the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- 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
- 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.
- 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:
- 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
- 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.
- 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:
- a breach of these terms and conditions by you;
- 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
- 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.
- 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.