Terms of Use
This agreement is held between GoRoster Limited (“GoRoster”) and you (“user”, “the
user”, “you”) for the use of the goRoster website (“website”, “the system”, “the
goRoster system”)
- Terms and Conditions: These Terms and Conditions apply to your use of this
website. By using this website, you are deemed to have read and agree to be bound
by these Terms and Conditions. If you do not accept these Terms and Conditions,
you must cease using the goRoster system immediately.
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Payment Information:
“goRoster Limited is a New Zealand registered company (#1934208). When your credit card is charged, payment will show as “goRoster Limited”
- Pricing
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Subscription charges are made monthly in advance and are non-refundable. We reserve the right change the monthly Subscription price of goRoster. Should this happen we will advise you in advance of any price change.
- Local SMS charges may be changed. We will advise you in advance of any price change being made.
- SMS messages are charged per 153 characters.
This means if you send a message or roster notification that exceeds 153 characters you may be charged 1 SMS charge for every 153 characters or part thereof
- Privacy Policy: GoRoster Limited recognizes that privacy is important.
GoRoster Limited agrees to keep all personal and company information provided by
you confidential. In the course of providing services to you GoRoster may collect
information such as your email address, name, user password etc. GoRoster Limited
will only share this information in the following circumstances;
- We have your consent.
- We provide such information to our subsidiaries, affiliated companies or other trusted
businesses or persons for the purpose of processing personal information on our
behalf. We require that these parties agree to process such information based on
our instructions and in compliance with this Policy and any other appropriate confidentiality
and security measures.
- We have a good faith belief that access, use, preservation or disclosure of such
information is reasonably necessary to satisfy any applicable law, regulation, legal
process or enforceable governmental request.
- Amendments: GoRoster reserves the right to amend these Terms and Conditions
from time to time. Amendments will be effective immediately upon being placed on
this website. Your continued use of the website following such amendments being
placed on this website will represent an agreement by you to be bound by the Terms
and Conditions as amended. Such amendments may include replacing these Terms and
Conditions with entirely new Terms and Conditions.
- Intellectual Property: Unless otherwise stated, GoRoster is the owner of
all copyright, trademarks and other intellectual property rights in this site or
has a valid right to use such copyright, trademarks and other intellectual property
rights in this site. This includes without limitation all intellectual property
rights in respect of all processes, methods, text, graphics, logos, images and any
downloads that may be offered on this website. GoRoster’s ownership of and right
to use such intellectual property is protected by both New Zealand and international
law.
- Licence: GoRoster grants you a limited licence (“Licence”) for the purpose
of accessing and making use of this site. Any contravention by you of these Terms
and Conditions terminates the Licence immediately. Under no circumstances, without
the prior written approval of GoRoster, may you adapt, reproduce, store, distribute,
print, display, publish or create derivative works from any part of this website
other than in accordance with the Licence. You shall not use any data gathering
and extraction tools or software to extract information from this site. You shall
not frame or utilize framing techniques to enclose any of the contents of this website
without GoRoster’s express prior permission. You may not use any meta tags or other
hidden text which incorporate GoRoster’s name or any of its intellectual property
including trademarks without the GoRoster’s express prior permission. Using any
information or content included on this website other than in accordance with the
terms of the Licence is strictly prohibited. You agree to fully indemnify GoRoster
for any loss or damage it may suffer in contract, tort, equity, statute, regulation
or otherwise, including without limitation any economic loss, loss of turnover,
profits, business or goodwill, whether direct or consequential, in respect of any
third party claims against GoRoster its related parties, employees, contractors
or agents, that may arise as a result of your breach of the Licence.
- Linked Websites: This website may contain links to other websites (“linked
websites”). Those links are provided for convenience only and may not remain current
or be maintained. GoRoster is not responsible for the content or privacy practices
associated with linked websites. Our links with linked websites should not be construed
as an endorsement, approval or recommendation by us of the owners or operators of
those linked websites, or of any information, graphics, materials, products or services
referred to or contained on those linked websites including further links contained
on those linked websites, unless and to the extent stipulated to the contrary.
- Links: GoRoster requires that you obtain the prior written approval of GoRoster
before providing any link to this website. Where such approval is given, you further
agree that you will not use any GoRoster logo, trademark or other proprietary graphic
as part of such link without the express prior approval of GoRoster.
- Accessing: You must take your own precautions to ensure that the process
which you employ for accessing this website does not expose you to the risk of viruses,
malicious computer code or other forms of interference which may damage your own
computer system. GoRoster does not accept responsibility for any interference or
damage to your computer system which may arise in connection with your use of this
website or any linked website.
- Exclusion of Warranty: To the fullest extent permitted by law, in relation
to your access and use of this website any condition or warranty either express
or which would otherwise be implied by law into these Terms and Conditions is hereby
excluded.
- Exclusion of Liability: Under no circumstances will GoRoster, its employees
or its agents be liable to you in contract, tort, equity, statute, regulation or
otherwise for any loss, damage, costs, legal costs, professional and other expenses
of any nature whatsoever incurred or suffered by you or by any other third party,
whether direct or consequential (including without limitation any economic loss
or other loss of turnover, profits, business or goodwill) arising out of any dispute
or contractual, tortious or other claims or proceedings made by or brought against
you which relate in any way to your access and use of the website or in respect
of any failure or omission on the part of GoRoster to comply with its obligations
as set out in these Terms and Conditions in respect of your access and use of the
website.
- Limitation of Liability: In the event that any limitation or provision contained
in these Terms and Conditions is held to be invalid or unenforceable for any reason
and GoRoster becomes liable for any loss or damage that would otherwise have been
excluded, GoRoster’s maximum liability in contract, tort, equity, statute, regulation
or otherwise for any loss, damage or injury directly or indirectly arising in respect
of your access and use of the website is to be limited to $50 in New Zealand currency.
- Jurisdiction: This website is governed by and is to be interpreted in accordance
with the laws of New Zealand and in all matters relating to or arising from your
use of the website, you agree to submit to the non-exclusive jurisdiction of the
Courts of New Zealand.
- Disputes: In the event that you have a dispute in respect of the content
of this website or relating to or arising from your use of this website you must
immediately notify GoRoster in writing giving details of the dispute. If GoRoster
and yourself cannot resolve the dispute within ten (10) working days, it will then
be submitted to mediation by a mediator agreed to by both yourself and GoRoster
or, failing agreement, appointed by the President for the time being of the Arbitrators
and Mediators Institute of New Zealand. If the matter is not resolved by mediation
within ten (10) workings days from there, the matter will be submitted for arbitration
of a single arbitrator to be appointed by the President for the time being of the
Arbitrators and Mediators Institute of New Zealand in accordance with the Arbitration
Act 1996 (NZ). Unless agreed otherwise by GoRoster, all such mediation and arbitration
proceedings shall take place at a venue in New Zealand to be chosen by GoRoster
acting entirely at its own discretion and shall be conducted in the English Language.
All costs in relation to the staging of such proceedings (excluding for the avoidance
of doubt any awards which may be made) shall be borne equally by the parties unless
explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
- Failure to Comply: GoRoster accepts no liability for any failure to comply
with these Terms and Conditions where such failure is due to circumstances beyond
its reasonable control.
- Waiver: If GoRoster waives any rights available to it under these Terms and
Conditions on one occasion, this does not mean that those rights will automatically
be waived on any other occasion.
- Severability: If any of these Terms and Conditions is held to be invalid,
void, unenforceable or illegal for any reason, such provision shall be deemed to
be severed from these Terms and Conditions and the remaining Terms and Conditions
shall continue in full force.
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Queries: If you have any queries in regard to these Terms and Conditions
please don't hesitate to
contact us via email, call +6433374150 or send mail to Level 1, 181 Cashmere Road, Christchurch 8022, NZ