Roster Portal Terms and Conditions

Welcome to Roster Portal. By choosing to use the Roster Portal website and the features and services available through Roster Portal, you are accepting the following Terms and Conditions, so please read them carefully. Should you object to any of the Terms and Conditions on our website, you should immediately stop using the website.

“Roster Portal” is a business name registered in Queensland, Australia and owned by The Trustee For Roster Portal Trust No. 1 & The Trustee For Roster Portal Trust No. 2 (“Roster Portal”).

Before you proceed further through our website, you must acknowledge and agree to the following provisions:

1. This Agreement

1.1) This is a legally binding agreement between you and us which will continue to apply while you are logged into our website or until it is earlier terminated for whatever reason.

1.2) You warrant that you are of or over the age of 18 years and have power and authority to enter into this agreement at law. If you are under 18 years the person providing access to the Customised Roster Portal will be held responsible for any breach of this Agreement by you.

1.3) If you disagree with any of these terms and conditions or do not intend to be bound by any of these terms and conditions, you must exit this site immediately.

2. Governing Law

2.1) This agreement and your relationship with us pursuant to this agreement are governed by the laws of Queensland, Australia, and shall not be subject to or governed byThe United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.

2.2) You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to this agreement.

3. Our Services

3.1) This website is used to provide access to a Roster Portal customised for your business/organisation for online roster creation and management, staff and employer communication, wage forecasting, payroll importing and general information about our services.

3.2) In return for your payment of the Establishment fee and the Access Fee (“Portal Fees”), we grant you a licence to log in and access your Customised Roster Portal from the Roster Portal website, in accordance with these Terms and Conditions.

3.3) For the purposes of this paragraph:

(a) “Establishment Fees” means the fee payable for generation and branding of a portal specifically for your organisation/business and the insertion of your data including staff and wage details (“Customised Roster Portal”). The Establishment Fee is not refundable; and

(b) “Access Fee” means the monthly, quarterly or annually paid fee, payable in advance and which commences on the date of activation of your portal.

3.4) We offer the first month’s access to the Customised Roster Portal free of charge. After the free month access you will be invoiced on the anniversary date of your agreement each month if you select a monthly subscription, each quarter if you select quarterly payment, or each year if you select an annual subscription.

3.5) We are not involved in the actual transaction between your business/organisation and its staff. We are merely a passive conduit for the online distribution and publication of information about staff rosters and payroll information and as a result, we have no control over and, to the extent permitted by law, make no warranties in relation to any communications made via our website, in relation to wages, salaries, wage awards, overtime or other information pertaining to employment and workplace legal requirements. Any information that we provide is general information only and should not be relied upon by you.

3.6) By entering into this agreement you warrant that you have made your own investigations (and if necessary received advice from appropriate professionals) regarding accurate wages, long service leave, sick leave and other employment and workplace entitlements and requirements in accordance with appropriate Federal and State Laws.

3.7) We and our subsidiaries and affiliates provide the information contained on this website to you subject to the Terms and Conditions, the privacy policy and the Service Agreement.

4. Intellectual Property

4.1) You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of this website or the Customised Roster Portal including, without limitation, any text, images or other data contained on this site without express written permission from us, other than to copy rosters to provide to employees, to export payroll information to interoperating software such as MYOB and to copy or alter or reproduce any data provided by you.

4.2) You will retain all copyright and other proprietary notices contained in any downloaded materials from this site in all copies made by you of those materials in any medium whatsoever and you will not remove or attempt to remove any such copyright or proprietary notices from any such copy at any time.

4.3) Images, trade marks, multimedia and text (“Content”) displayed on this website and in the Customised Roster Portal are either owned by, loaned by or licensed to us. You agree that you will not make any copies of the Content or make any use of the Content for any reason. You acknowledge that unauthorised use of any such Content may violate intellectual property rights of third parties and that you may therefore incur liability to us and/or those parties as a result of any such use. Nothing contained on this website should be construed as granting any license or right to use any intellectual property without the prior written permission from us.

4.4) In return for your access to the website and Customised Roster Portal, you grant us a irrevocable royalty free licence to use any intellectual property provided by you to us for the purpose of creating the Customised Roster Portal. Such intellectual property may include, but is not limited to, registered or unregistered trade marks, colour schemes, photographs and text. You warrant that our use of the intellectual property provided by you to us will not infringe any third party rights.

4.5) You agree to indemnify us, our servants, agents and consultants and each of them from and against any claim, demand, cost, loss or other expense incurred to a third party arising out of our use of intellectual property provided by you in accordance with this agreement.

4.6) You acknowledge and agree that you will not use this website or the information and facilities contained on this website, nor allow nor cause any of the same to be used, in any unlawful way, or for any illegal purpose, or in any manner that infringes our or any third party’s rights.

4.7) We reserve the right to ban permanently and/or notify the appropriate authorities of any person who uses, or attempts to use, our website or our services for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.

4.9) In addition, you agree that you will not:

(a) data mine or conduct automated searches on this website or the Content, whether through the use of additional software or otherwise;

(b) create links from this website to any other website, nor frame nor mirror the website without our prior written consent. Please contact us if you would like to request a link to this website from your website;

(c) use this website or any facilities available on the website to defame, harass, threaten, menace or offend any person;

(d) tamper with, hinder the operation of, or make unauthorised modifications to this website or any content on the website;

(e) knowingly transmit any virus, worm or other disabling feature to or via this website;

(f) use this website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of theSpam Act 2003 (Cth);

(g) violate the security or any security measures of this website nor that of any of our systems and networks;

(h) access any data on or from this website which is not intended for you;

(i) probe, scan or test the vulnerability of this website or any of our systems or networks;

(j) interfere with service to any other user of this website;

(k) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;

(l) use this website or any facilities available on it for any activities, nor transmit to or via the site any information or materials which:

(i) breach any laws or regulations;

(ii) breach these terms;

(iii) infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);

(iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;

(v) are false or misleading;

(vi) are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or

(vii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; nor

(m) attempt to do, nor permit another person to do, any of the above acts.

5. External Links

5.1) External links may be provided for your convenience, but they are beyond our control. We do not endorse or approve any particular content posted on this website and we will not be responsible or liable in any way for the content and accuracy of any external website.

5.2) Use or reliance on any external links or the content of any website or destinations to which they link is at your own risk.

6. Third Party Products

6.1) Your computer systems may or may not require third party software or products to be installed to enable the Customised Roster Portal to perform all functions correctly. You agree that:

(a) this is your responsibility entirely;

(b) we are not responsible in any way to make recommendations in that regard nor to supply or install such software or products;

(c) if we do make such a recommendation, the Portal Fees do not include the cost of such software or products.

7. Posted, SMS & Email Information

7.1) If you choose to use the texting of staff hours/location feature of the Customised Roster Portal, we will arrange for the relevant personnel to receive a text message containing the information you have input in that regard.

7.2) We are not responsible for any material submitted to the staff access areas by you or anyone else using your Customised Roster Portal (which includes bulletin boards or any other public area found on the website). We neither endorse, review nor approve any material submitted by you or any other user of your account.

7.3) You are responsible for all content posted on your Bulletin Board and any activity that occurs under your account (even when content is posted by others who operate under your account, regardless of whether or not the users have an individual username and password). You acknowledge that by providing a third party access to your account or providing a username and password to the third party, you will at all times remain responsible for all content and activity by that third party.

7.4) Any communication or material that you transmit to or post on this website including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information. You grant us a perpetual, irrevocable and royalty-free licence to use any such communication or material for any purpose we see fit.

7.5) You agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you now indemnify us against any loss, liability, damage or expense of whatever nature which we may suffer to the extent to which it is caused by or attributable to, whether directly or indirectly, your use of this website to send or post any such message or material.

8. Group Access Accounts

8.1) Where we agree with a franchise, co-operative, buying group or other similar organisation (“Organisation”) to provide the Roster Portal services and Customised Roster Portal to the Organisation on special conditions (cost, access, text messages, training, support or other), the Organisation may require access to Your individual Customised Roster Portal. If the Organisation requires access to Your Customised Roster Portal then will we notify You of this requirement before you utilise Your Customised Roster Portal.

8.2) In the event that an Organisation does require access to Your Customised Roster Portal You acknowledge that it is Your responsibility to seek permission from each staff member whose personal information will be installed in the Customised Roster Portal and available to the Organisation, to provide that personal information to the Organisation.

8.3) While we will take whatever action we can to ensure that any information regarding staff, other than wages and hours worked, will be blocked, we make no guarantees regarding use of the information by the Organisation.

8.4) You warrant that you have permission from each staff member whose personal information will be installed in your Customised Roster Portal, to provide the personal information to the Organisation, such as a franchisor, before the Organisation has received access to the personal information.

9. Use of the Customised Roster Portal

9.1) Prior to being granted access to the Customised Roster Portal, you must provide to us the following information:

(a) a valid email address,

(b) a physical address,

(c) company details (including ABN or ACN) or names of individuals; and

(d) any other information requested in order to complete the signup process.

9.2) You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

9.3) You are responsible for any activity that occurs under your account (including any activity by others who operate under your account, regardless of whether or not the users have an individual username and password). You acknowledge that by providing a third party, such as your staff, access to your account or providing a username and password to the third party, you will at all times remain responsible for all activity by that third party including any actions by that party that may constitute a breach of this Agreement.

9.4) You warrant that you have permission from each staff member whose personal information will be installed in your Customised Roster Portal, to provide the personal information to us.

9.5) You warrant that you have informed all users of the Customised Roster Portal, including administrators and staff, of these terms and conditions.

10. Training and Technical Support

10.1) The Roster Portal facilities have been designed and constructed for ease of use. However, as each person’s degree of computer competency varies considerably, with some users needing very little training and others a number of hours to become competent in its use, some degree of training in the system may be required.

10.2) We have trained Roster Portal Accredited Trainers (“RPAT”) to assist you in the use of the system. The RPATs are self employed contractors and where necessary they will work with you to train and familiarise you in the use of the Roster Portal facilities.

10.3) We do not provide any training and the cost of any training required will be paid by you. We accept no liability for the competency, accuracy and behaviour of any RPATs.

10.4) Roster Portal is not responsible for any misinterpretation and/or subsequent incorrect entries into your Customised Roster Portal. If training is required to operate the Customised Roster Portal then it is Your responsibility to request training from Roster Portal. Please contact us should You require training.

10.5) Technical support is only provided to paying account holders, their administrators and staff and is available via Skype, email, or by phone during business hours of 9am to 5pm AEST.

11. Standard Disclaimers

11.1) You acknowledge that your access this website, Customised Roster Portal and associated Content is at your sole risk and you are responsible for compliance with the laws of your jurisdiction and these terms.

11.2) While we have made every effort to ensure that the information on this site about our business and services is free from error, we do not warrant the accuracy, adequacy or completeness of that information.

11.3) You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the website and Customised Roster Portal. Accordingly, we cannot guarantee the availability of your Customised Roster Portal.

11.4) We do not guarantee that this website will be free from viruses, nor that access to this website will be uninterrupted. The service is provided on an “as is” and “as available” basis.

11.5) You must not modify, adapt or hack the Customised Roster Portal or the Roster Portal website or modify another website, nor attempt to do any of those things, nor falsely imply that you, anyone else or anything else is associated with us or any of our services.

11.6) We may, but have no obligation to, remove content and terminate accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. We do not monitor the user generated content on the Customised Roster Portals or on the Roster Portal website and you acknowledge that you are solely responsible for the content posted or sent by yourself or any user of your account.

11.7) You understand that the technical processing and transmission of the Roster Portal services, including content such as staff details, may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

11.8) We do not warrant that:

(a) the service will meet your specific requirements;

(b) the service will be uninterrupted, timely, secure, or error-free;

(c) the results that may be obtained from the use of the service will be accurate or reliable; or

(d) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations.

11.9) If you initiate an error in your Customised Roster Portal, then we reserve the right to charge you fees (and you agree to pay those) for us to correct the error. For the avoidance of doubt, Roster Portal may, but is not required to, fix any error that you have initiated.

11.10) In consideration for being given access to this website and/or the Customised Roster Portal, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you in any nature whatsoever in respect of any losses, damages (whether direct, indirect, incidental, special, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this website or the Customised Roster Portal or inability on your or anyone else’s part to use the website and/or Customised Roster Portal or any of the links provided anywhere, or reliance by you or any person upon information contained in, downloaded or sent from this website or the Customised Roster Portal.

11.11) Liability of any of us, our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

(a) the supply of the relevant goods or services again;

(b) repair of any goods; or

(c) payment of the cost of having the goods or services supplied again or repaired.

11.12) You will be liable for and agree to indemnify, hold harmless, and defend us, our officers, directors, employers, agents, servants and third party information providers, or other related parties and each of them joint and severally from and against all losses, damages, costs or expense of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequently or otherwise) arising out of any of:

(a) your use of this web site or any of its contents (whether or not provided by you);

(b) any breach by you of these Terms and Conditions;

(c) any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the website or a Customised Roster Portal or any other person or persons who uses your account;

(d) any actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by your use of this website or a Customised Roster Portal;

11.13) We do not indemnify you against any claims made against you by others as a result of your use of this website or any Customised Roster Portal, and we expressly reserve any rights not expressly granted in these Terms and Conditions.

11.14) Neither party is liable for any default or delay in the performance of any of its obligations under these Terms and Conditions (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

12. Modification, Suspension and Termination

12.1) Your account will continue in perpetuity until cancelled by you or unless earlier terminated by us in accordance with this agreement. You are responsible for cancelling your account prior to Access Fees being charged.

12.2) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website and any Customised Roster Portal (or any part thereof) with one month’s notice, which will provided to you via the valid email address or street address which you provide to us in accordance with clause 9.1.

12.3) We reserve the right at any time and from time to time to alter the Access Fee with 30 days notice, which will be notified to you via the valid email address or street address which you provide to us in accordance with clause 9.1.

12.4) We shall not be liable to you nor any third party for any modification, price change, suspension or discontinuance of any Customised Roster Portal service.

12.5) Either party shall be entitled to terminate this agreement immediately if the other party becomes bankrupt, seeks protection from its creditors, goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

12.6) This agreement and/or your access to this website and any Customised Roster Portal may be terminated at any time by us without notice and for any (or no) reason within our sole discretion. All restrictions, licences granted by you and all disclaimers and limitations of liability by us will survive termination of this agreement, although you will no longer be authorised to access this website or the Customised Roster Portal.

12.7) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our customers, employees, members or officers will result in immediate account termination.

13. Conflict

13.1) If a dispute arises in connection with this agreement, a party may give the other party a notice specifying the dispute (“Dispute Notice”).

13.2) Within 5 business days after the Dispute Notice is given, each party must nominate in writing a representative to settle the dispute on its behalf.

13.3) Within 7 business days after the Dispute Notice is given, the parties must confer to resolve the dispute or to decide the method of resolving the dispute. Each party must use its best efforts to resolve the dispute.

13.4) Unless the parties otherwise agree, the dispute must be referred to mediation if not resolved within 14 business days after the Dispute Notice is given.

13.5) The parties must appoint a mediator within 21 business days after the Dispute Notice is given. If the parties fail to agree on a mediator, we will nominate the mediator.

13.6) Unless otherwise agreed by the parties in writing, the mediator’s decision is not binding on the parties. The role of the mediator is to assist in negotiating a resolution to the dispute.

13.7) If the dispute is not resolved within 21 business days after the mediator’s appointment, then the mediation ends.

13.8) This dispute resolution process does not affect any party’s obligations under this agreement.

13.9) Each party is to pay its own costs of the mediation process.

13.10) The parties are to pay, in equal shares, the mediator’s costs and any other third party costs required by the mediator. You agree to pay your share of all such costs.

13.11) If a dispute arises in relation to this agreement, each party must keep confidential:

(a) all information or documents disclosed in the course of resolving the dispute before the appointment of the mediator;

(b) all information or documents disclosed in the course of the mediation;

(c) all information and documents about the existence, conduct, status or outcomes of the mediation; and

(d) all information and documents relating to the terms of any mediation settlement agreement.

13.12) Neither party may commence court proceedings, in any jurisdiction, until the mediation ends. This does not affect either party’s right to seek urgent injunctive or declaratory relief.

14. Miscellaneous

Assignment

14.1) You shall not deal with any part of your rights or obligations under this agreement without our prior written consent.

14.2) We shall be entitled to cede, assign and delegate all or any of our rights and obligations under this agreement.

Waiver

14.3) Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

14.4) No indulgence or extension of time which either you or we may grant to the other will constitute a waiver of nor, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Severability

14.5) All provisions of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

14.6) Any provision of any relevant terms of service, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be struck out and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Access Outside Australia

14.7) We do not represent or warrant that the content on this website complies with the laws of any country outside of Australia. If you access this website and materials from outside Australia, you do so at your own risk.

Entire Agreement

14.8) These website terms of service constitute the sole record of the agreement between you and us in relation to your use of this website and the Customised Roster Portal.

14.9) Neither you nor we shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website and any Customised Roster Portal.

14.10) These Terms and Conditions in conjunction with the Service Agreement and our Privacy Policy constitutes the entire agreement between you and us and governs your use of this website and the Customised Roster Portal, superseding any prior agreements between you and us including, but not limited to, any prior versions of these Terms and Conditions.

Relationship

14.11) We are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by this document.

14.12) For the avoidance of doubt, under no circumstances will we act, purport to act nor be responsible to act as your agent for any reason whatsoever, whether in relation to any particular transaction or otherwise.

15. Comments or Questions

15.1) If you have any questions, comments or concerns arising from this website, our Privacy Policy or any other relevant terms of service, policies and notices or the way in which we are handling your personal information, please contact us.