Description of Services: 

Rosterit is a web hosted rostering platform and database. Rostering Systems Ltd. will provide the aforementioned for client use in the form of an online rostering Service. This includes employee scheduling, time and attendance, reporting, and employee communications. 

This Service is owned and operated by Rostering Systems Limited, a registered company of New Zealand trading as Rostering Services Limited (“we, us, our”). We may transfer our obligations pursuant to this website and these terms of use to any person including a related company (as defined under the Companies Act 1993) without notice to you. If we do this, we will not be liable for any act or omission by any transferee arising in relation to these terms of use after such transfer.

Each term of these terms of use is separately binding. If for any reason any term cannot be relied on, all other terms remain binding. You acknowledge that you are not relying on any statement or representation in any form made by us or on our behalf in relation to the suitability of the Service advertised on this website and you expressly agree not to commence any proceeding or action arising from any statement or representation not set out in these terms of use.

Definitions:

Provider (‘Rostering Systems Ltd.’): this being the financial entity that provides the Service for use to a client base. This provider is also responsible for the administration of the same Service. The provider is Rostering Systems Ltd, its staff, successors and legal representatives.

Client (‘You’): The financial entity with whom the agreement is made together with the provider. The client is the user of the Rosterit and has a client relationship with the provider. This includes any employee, subAgreementors or agents authorized by or acting as the client in terms of the use of Rosterit.

Service (‘Rosterit’): This is the web database Service and website created under the direction of the provider. This includes all patents, trade names, graphics, data and other intellectual property relating to Rosterit in its function or use are held exclusively or under license by Rostering Services Ltd. Rosterit is the web hosted database application and is strictly limited to the website, it’s database, information storage or within its offices, but is exclusive of cache memory, information storage Services, whether electronic or otherwise of devices or Services not owned or under direct specific Agreement to the provider but includes information having been obtained from Rosterit, regardless of storage subsequently.

Data: For the purpose of this agreement data refers solely to information entered into Rosterit by the client.

Types of Text Message Charges: 

Mobile Terminating (MT) – A mobile terminating (MT) is a text message that is sent from Rosterit to a user cell phone and the message terminates when it arrives at the cell phone. 

Mobile Originating (MO) – A mobile originating (MO) is a message that originates from a user mobile and is received by Rosterit.

Mobile Devices: Any communications devices with browser ability to interrogate with World Wide Web internet, including devices that are able to communicate via SMS text messaging, and all such devices regardless of phone service or Internet Service Provider. This includes but not limited to cell phones, smart phones, tablets, portable personal computers and desktop computers that may or may not be portable. This also includes devices that may yet be released but perform a similar function.

Acceptances and Responsibilities:

Terms of Use: Your use of this Website is subject to these terms of use and all applicable laws. By using this website you agree to be bound by these terms of use.

Eligibility: This is a contract between the Client (‘You’) and the Provider (‘Rostering Systems Ltd.’). You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Rosterit.

Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is only permitted with the express written permission of such individual’s legal guardian, and, if necessary, you represent and warrant that you have received such permission. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors. The Service is not available to any Users previously removed from the Service by the Provider.

The Service is designed for use by employers, employees and individuals in Australasia (New Zealand and Australia). Other than for expressly supported international onboarding, you are not authorized to use the other features of the Service for employees not located in Australasia.

Payment terms:  Invoicing is on a monthly basis on the first of each month, payment is via credit card and charged at the same time each month. Other payment options and terms are to be agreed by the provider and the client. Any late payments will be incurred an interest fee of 6%.

If you dispute any payment made hereunder, you must notify us in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify Rosterit shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Rosterit. No other measurements or statistics of any kind shall be accepted by Rosterit or have any effect under this Agreement and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.

Billing Policy: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, located on the Billing page, as we may update them from time to time. Please note that a valid credit card is required for paying accounts.

The Provider may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion, including, but not limited to, changing the monthly subscription plan fees for the Service. The Provider shall provide 30 days’ notice before any change to our pricing or payment terms by providing you notification of your current payment terms. Such notice may be provided at any time by posting the changes to the Provider website or the Service itself.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible and pay any applicable taxes, levies or duties, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Refund & Cancellation Policy: There is no minimum term, and you may cancel your Rosterit account at any time; however, there are no refunds for cancellation. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, credit balances, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. In the event that Rosterit suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any WIW Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. If you have unused credits when you cancel your account, those credits are not refundable or transferable.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Rosterit, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Rosterit service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.

Exclusions/Limitation of Liability: Provider does not make any warranties or guarantees, except for such guarantees and warranties as cannot be excluded as a matter of law, and all warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise are hereby excluded and all liability of Provider whether in tort, including negligence, Agreement or otherwise is expressly excluded to the full extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded where the consumer is acquiring goods or the Services for the purpose of a business.  Where you are buying any products or services from us for other than business purposes then these terms of use shall be interpreted subject to your rights under the specific statute which protects consumer rights. 

Proof of Document: Both parties will accept that information supplied electronically or by fax or by written documents will constitute notice and in the onus of informing the other party assumed as complete. The exception to this policy is when information is governed by other legislation. At no stage will verbal communication carry the assumption of any degree of proof of document.

Responsibility of Data: Both parties agree that the provider will have the responsibility of storage and use of data only once it has been entered and confirmed into the Rosterit. Any inaccuracy or insufficiency of the data at the time of entering or being confirmed by the client remains the responsibility of the client throughout any process carried out by the provider. The client indemnifies the provider from any and all liability arising from inaccurate or insufficient data being entered or confirmed by the client.

Backup and Recovery of Data: Rostering Services limited takes all necessary steps to ensure data is backed up. The data is stored securely and this is achieved through daily back-up on local machines and in the cloud. 

User Content may be retained after cancellation unless and until we receive a deletion request. We may not be able to delete all information that has been shared with other Users. If you are an employer and wish to cancel your company account, we may retain the User Content of employees or other users associated with your company account so that such users may continue to use the Service and maintain access to that User Content.

Intellectual Property: Both parties agree that any material that has in it any intellectual property interest will have these issues notified to the provider. This notification will include a description of the material concerned and the third party involved. The client will be required to clear all such issues with the third party. In any event where the provider is not informed of such third party interest or such matters and if such matters have not been in fact rectified then the client and the third party indemnifies the provider from any and all liability from any such or perceived breach of intellectual property issues.

All tools, documents, forms or user guides (“Features”) on this site, will remain the exclusive property of the Provider and are protected by copyright and other intellectual property laws. When you purchase the Service, you are granted a limited, non exclusive licence to use the Features. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way commercially exploit any of the content of the Features, in whole or in part other than as is expressly permitted. It is a condition of your license to use the Features that you preserve our copyright notices as far as reasonably possible.

Privacy of Information: If you provide us with personal information through you use of this website, this information may be retained by us in our database. Both parties agree that the provider will be bound by the provisions of the Privacy Act 1993 and the Official Information Act 1982, which means that you have a right to access any personal information held about you or to request us to delete any such information. By accepting these Terms of Use you are acknowledging that you have read and accept our Privacy Policy which is on our website. We will never sell your information to any third party or business.

Electronic Communications: Whenever you use this website or send emails to us you are communicating with us electronically. This means you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to electronically satisfy any legal requirements that such communications be in writing.

Text Messaging and Consent: Rosterit makes it easy for you to add employees to your Rosterit account so that you can manage your schedule and exchange messages with each other. Each person that you add to your Rosterit account has consented to be added to the account and to received text and email communications and notifications from both the Provider and the Client and anyone else associated with the account. 

You represent and warrant that all communications you cause to be sent through the Service shall at all times comply with all applicable  laws and regulations and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.

As part of the Service, Rosterit sometimes causes administrative messages to be sent to users, including both employers and employees. For example, upon adding a new employee to an employer’s Rosterit account, the new employee will receive a welcome message, instructions on how to register for the Service, and a link with more information about the service. Rosterit may send other administrative messages as well. By signing up for Rosterit, you agree to receive text messages and email communications from us. 

Third Party Providers & API Terms: The provider will use from time to time the processes and Services of external providers other than Rostering Services Ltd. The provider will make reasonable effort to ensure that such external processes are sufficient in security and efficiency for the purposes for which they are Agreemented, however the provider will not be held liable for any losses or damages however arising from such failure of external processes. 

Users may access the Services and their Rosterit account data via an API (Application Program Interface) and the Services may include access to certain third party software for which certain additional terms may apply (“Third Party Software”). Any use of the API and Third Party Software, including use of the API through a third-party product that accesses Rosterit, is bound by the terms of this Agreement, including, without limitation, the following specific terms:

You expressly understand and agree that Rosterit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rosterit has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API or Third Party Software.

You shall not, and shall not permit any third party to: (a) modify or create any derivative work of any part of the API or Third Party Software; (b) process or permit to be processed the data of any other party unless in connection with your authorized use of the API or Third Party Software; or (c) market, sell, license, sublicense, distribute, publish, display, reproduce, rent, lease, loan, assign or otherwise transfer to a third party the API, Third Party Software or any copy thereof, in whole or in part. You acknowledge and agree that you have no rights to any source code for the API or Third Party Software. You acknowledge and agree that, except to the extent permitted by law, you shall not cause or permit the disassembly, decompilation or reverse engineering of the API or Third Party Software or otherwise attempt to gain access to the source code to the API or Third Party Software (or the underlying ideas, algorithms, structure or organization of the object code in the API or Third Party Software).

Abuse or excessively frequent requests to Rosterit via the API may result in the temporary or permanent suspension of your account’s access to the API. Rosterit, in its sole discretion, will determine abuse or excessive usage of the API. Rosterit will make a reasonable attempt via email to warn the account owner prior to suspension but shall not be required to do so.

Rosterit reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API or Third Party Software(or any part thereof) with or without notice.

Acts of God: In no event shall Rostering Services Ltd be liable for any losses of information, capacity or use of the Rosterit caused by factors external and beyond the control of Rostering Services Ltd. This includes but not limited to Acts of War, Terrorist Activity, Fire, Earthquake, and Criminal Activity of persons not employed by the provider, Extreme climate or geological conditions, civil unrest, severe or random acts of nature.

Resolutions and Disputes: Any legal disputes must be notified to the provider in writing. This document shall include the identity and contact details of all parties and the context of the dispute. This notice will take place at the first reasonable opportunity.

Data Usage: The provider will use the data from the client to create employee schedules, manage employee time and attendance, and communicate to clients employees via email and text message.

Debt Recovery: Any and all debts owed to the provider will be managed as a current debtor when first incurred and may be managed through to debt recovery if deemed necessary by the provider. The client hereby accepts all liability for costs and damages incurred in the debt and debt recovery.

Spam and Advertising: Rosterit is solely intended to be used to manage staff rosters and staff work placement issues. Any messages that is outside or considered by the provider to be outside this intent, must be authorized in writing by the provider prior to this Service being used to forward any such communication. All staff members entered into the Service are deemed by the provider to have been informed by the client and have given informed consent to be a recipient of messages from Rosterit. No unsolicited messages may be sent using Rosterit.

Inappropriate Content: The provider strictly forbids and warns against any content that is inappropriate, offensive, demeaning or forms any part of an unlawful act. Such breaches will be brought to the notice of the client. Continuation may result in disconnection from the service.

Governing Law: These terms of use and the provision of goods and service by us are governed by and to be interpreted in accordance with the laws in force in New Zealand and in the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

Disclaimers:

1. Provider is not responsible for ensuring that the information that you access or make available through using this website will be private or secure or free from exposure to or transmission of any computer virus, internet access difficulties in connection with our website, or malfunction in equipment or software. 
2. Provider is not responsible for any losses incurred due to any interruption, delay or impairment in the functioning, operation or availability of the Service. 
3. Provider does not and cannot guarantee availability of our website and services or that there will be no interruptions or delays in relation to our website or services. This is because the availability or quality of this website may be affected by conditions beyond our control, including, for example, but not limited to network problems, human or technical error, atmospheric, geographic, or topographic conditions. 
4. Provider is not responsible to you, or anyone else for any information that does not originate directly from us, any links we provide to third party sites or information at or accessible from those sites or any loss or damage arising from your use of this website. Further, we assume no responsibility for the corruption of any data or information held by us.
5. If any part of this document is invalid, illegal or not enforceable, it will not negate nor lessen in any manner the remainder of this document.
6. From time to time, changes in legal statute, case law, and technology or business practice change the nature of the services and expectations; regardless the provider will make reasonable effort to incorporate such changes into its procedures and Services. However the client hereby indemnifies the provider from any loss or damage arising from such changes.
7. Nonetheless, the provider will not be liable for losses or damages beyond the value within any transaction of the specific service limited to that transaction. This is exclusive of indirect costs and in fact any cost by its nature or by the provider’s discretion is neither a function nor a consequence of the transaction.
8. The provider reserves the right to modify the terms and conditions of the agreement and will provide notice of any such changes. Such changes will take effect at the time of notification.