This agreement is between GoRoster Limited (“GoRoster”, “we”) and you (“you”) for the use of the GoRoster service (having the functionality described on the GoRoster website) (“Service”) accessible through the GoRoster website (“Website”) or the GoRoster App (together the “GoRoster Systems”)
- Terms and Conditions: These Terms and Conditions apply to your use of the Service. By accessing and using the Service, 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 are not authorised to use the Service and must cease doing so immediately. Where your access is on behalf of another person (i.e. your employer or a company), you confirm that you are authorised to, and do, agree to these Terms and Conditions on that person’s behalf and that person is bound by these Terms and Conditions. A breach of these Terms and Conditions by any of your employees or other persons provided a log-in to your account is deemed to be breach of these Terms and Conditions by you.
- Payment Information: “GoRoster Limited is a New Zealand registered company (#1934208). When your credit card is charged, payment will show as “GoRoster Limited”.
- “Subscription Charges” mean the applicable charges for using the Service as set out on the Website or otherwise agreed with you in writing and subject to change as referred to below.
- Subscription Charges are payable in advance and are non-refundable. We reserve the right change the Subscription Charges by giving you prior notice in writing.
- Local SMS charges may be changed by giving you prior notice in writing.
- SMS messages are charged per 153 characters. This means if you send a message or roster notification that exceeds 153 characters we may charge you 1 SMS charge for every 153 characters or part thereof.
- Payment Terms
- Payment by credit card: If you elect to pay your monthly Subscription Charges by credit card you will be charged monthly in advance. Your credit card will be automatically deducted on the first day of the invoice period for the month in advance. If your credit card transaction declines for any reason we will advise you that you must update your credit card details immediately. If your credit card continues to decline we may elect to suspend your account log in until such time that we are satisfied that the credit card payment has been processed successfully.
- Payment on account: If you are approved for payment on an account you will be invoiced for the Subscription Charges monthly in advance with payment required no later than the 20th of the following month. If your account falls into arrears we may elect to suspend your access to the Service until such time that we are satisfied the account is operating back within the required terms. If payment of your Subscription Charges are overdue we may charge you interest of up to 10% per annum on the outstanding balance until it is paid in full and operating back within the required terms. Your overdue account may also be passed a debt collection agency where further costs and/or interest incurred by us to collect the amount in arrears may be passed onto you.
- Amendments: GoRoster reserves the right to amend these Terms and Conditions from time to time. Amendments by posting a notice on the Website. Your continued use of the Service following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended from such date. You are responsible for ensuring that you are familiar with the latest version of the terms and conditions.
- Intellectual Property: Unless otherwise stated, GoRoster remains the owner of all copyright, trademarks and other intellectual property rights in the Service, Website and the GoRoster Systems or has a valid right to use such copyright, trademarks and other intellectual property rights in this Website. 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 the Website or the Service. GoRoster’s ownership of and right to use such intellectual property is protected by both New Zealand and international law. Title to and intellectual property rights in the data you upload to the GoRoster Systems (“Data”) remains your property. You grant us a worldwide, non-exclusive , fully paid up, transferable, irrevocable licence to use the Data for any purpose in connection with performing under these Terms and Conditions or exercising our rights under them. You agree that we may store Data, including personal information, in secure servers outside of New Zealand.
- Conditions of use: 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 the Service or the GoRoster Systems other than in accordance with these Terms and Conditions. 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 the Service 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 these Terms and Conditions. You must use the Service in accordance with these Terms and Conditions solely for your own internal business purposes and in accordance with all applicable laws. When accessing the Service you must not use the Service in a way that may impair the functionality of the GoRoster Systems or interfere with the ability of any other user’s ability to use the Service.
- These Terms and Conditions and your rights to access the Service continues until a party gives  days notice that these Terms and Conditions and your access to and use the Service will terminate on the expiry of that notice.
- Either party may, by giving notice to the other party, immediately terminate these Terms and Conditions and your right to use and access the Services if the other party:
- breaches any material provision of these Terms and Conditions and the breach is either not capable of being remedied or if it is capable of being remedied, is not remedied within 10 calendar days of the receipt of notice requiring the reach to be remedied; or
- becomes insolvent or liquidated, has a receiver appointed or becomes subject to any form of insolvency action.
- Termination these Terms and Conditions does not affect either party’s rights or obligations accrued before that termination. Clauses which by their nature, are intended to survive termination of these Terms and Conditions, including clauses 4, 7, 14 to 18 (inclusive), 23 and 28 continue in force.
- API Integrations: If you make use of the GoRoster API to integrate with a third party service, we will connect that service to ours. The third party provider of the integration may share certain information about your account with GoRoster. However, we do not receive or store your passwords for any of these third party services. If a third party service is linked to your account, you acknowledge and agree that any Data that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Data that is transmitted to, or accessed by, a Non-GoRoster Product.
- 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. To the maximum extent permitted by law, we exclude all liability for those Linked Websites or feeds.
- 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 maximum 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. We make no representation concerning the quality of the Service and we do not warrant that the Service will meet your requirements or be suitable for any particular purpose.
- 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: 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.
- 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 the Website or relating to or arising from your use of this Services you must immediately notify GoRoster in writing giving details of the dispute. If you and GoRoster cannot resolve the dispute by good faith negotiations within ten (10) working days, the dispute must be submitted to mediation, with a mediator agreed to by both you 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 parties will be free to initiate court proceedings.
- Force Majeure: 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.
- Entire Agreement: These Terms and Conditions constitute the entire agreement, understanding and arrangement (express and implied) between the parties in respect of the Services, to the exclusion of all other agreements, arrangements, understandings or representations, whether express or implied, and therefore supersedes any prior agreements, arrangements, understandings and representations between the parties in respect of such matters of any nature. Without limiting the forgoing, the parties agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986.
- Notice: If we need to contact you, we you agree that we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- 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.
Queries: If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us via email.
Last Updated: 06 November, 2017