Terms of Service

1. The agreement

ShiftMatch (ABN 20 180 671 031), trading as ShiftMatch (“ShiftMatch”, “we”, “us”), agrees to provide the ShiftMatch service to the organisation that creates an account (“you”, the “agency”) on these Terms, our Privacy Policy and the plan you choose. You accept these Terms by ticking the box when you sign up or by using the service. If anything in a plan, order or email conflicts with these Terms, these Terms apply unless we have both signed or confirmed in writing that the other document overrides them.

2. The service

ShiftMatch is software that lets you post shifts, text offers to your workers, record acceptances and check-ins, work out hours, and prepare timesheets and bills for your accounting software. We provide the tool. We are not a labour hire provider, employer or recruiter, we do not supply or place workers, and we are not a party to any arrangement between you and your workers or your clients.

3. Accounts and authority

• The person who signs up becomes the agency's first admin. Admins can add staff logins, change the plan and connect other services. You are responsible for who you give access to and for what they do.
• Give us accurate information and keep it up to date. Keep passwords secret. Tell us promptly (see section 22) if you suspect unauthorised access.
• You must be at least 18 years old and be acting for a business or other organisation.

4. Free trial

New agencies get a free trial of 14 days with up to 25 workers and 50 texts. No card is needed to start. When the trial ends, your account becomes read-only: you can still view and export your data, but you cannot add workers or send shifts until you choose a plan. If you give us a payment method during the trial, your first charge is made when the trial ends, and we will show the date and amount before you confirm.

5. Plans, fees and GST

• Plans are monthly and the prices are in Australian dollars. Prices shown exclude GST unless we say otherwise; GST of 10% is added and shown on your tax invoice. The current plans are in Schedule 1 and on the Billing page.
• Each plan includes a number of workers, staff logins and texts per month. Texts beyond the included number are charged at the “extra text” price for your plan, added to your next invoice. We show your usage on the Billing page.
• Fees are charged in advance each month by card through Stripe, starting when your trial ends or your subscription begins. Extra texts are charged in arrears on the next invoice. You authorise us and Stripe to charge your chosen payment method.
• Changing to a higher plan takes effect straight away and the difference for the rest of the month is calculated pro rata on your next invoice. Changing to a lower plan is allowed if you are within the lower plan's limits.
• We issue a tax invoice for each payment. Add your ABN and business name in the customer portal so your invoices are correct.

6. Renewal and cancellation

Your subscription renews automatically every month on the same date until you cancel, at the plan price then in force. There is no minimum term and no cancellation fee.

• You can cancel at any time from Billing, then Manage payment and invoices, or by writing to our registered address (12/37 Albion Road, Box Hill VIC 3128). Cancelling takes effect at the end of the month you have paid for. You keep full use until then.
• We will email you a reminder before a renewal if your plan has a price increase or a different term than the one you agreed to.
• After cancellation, section 4 applies: read-only access and export for at least 90 days, then deletion on 14 days' notice (see Schedule 2).

7. Refunds

Fees already paid for a month are not refunded when you cancel part-way, except where we end the service for convenience (section 19), where we are in material breach, where we charged you in error, or where the Australian Consumer Law gives you a right to a refund. If we charge you in error, tell us and we will correct it promptly.

8. Changing prices or plans

We may change prices, plan limits or features. For an existing subscriber we will give at least 30 days' written notice before a change that is worse for you takes effect, and you may cancel before then without any fee and with a refund of any fees paid for the period after you cancel. If you do not cancel, the new price applies from your next renewal after the notice period.

9. Late or failed payment

If a payment fails, Stripe will retry. Your account will show “payment overdue” and we will email you. You keep working for a reasonable grace period. If the payment is still unpaid after Stripe's retries, we may restrict adding workers and sending shifts, and then treat the subscription as cancelled, with the read-only access in section 4. We do not charge late fees. You must pay amounts that are properly due, and may dispute an invoice in good faith by contacting us before paying.

10. Text messages

• The service sends text messages to your workers (and, if you choose, a client contact) through a telephone carrier gateway. We pay the gateway, and your plan includes a number of texts.
• Worker consent is your responsibility. Before you add a worker, you must have their express agreement to receive shift offers and related notifications by text message from you and your service provider, keep a record of that agreement, and stop messaging anyone who withdraws it. ShiftMatch sends these messages on your behalf and only to the numbers you give us; we do not obtain consent from your workers, and by adding a number you confirm you hold it.
• You must make sure you are allowed to message each person, including any client contact you add. You must follow the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the industry codes that apply. Do not use the service to send marketing to people who have not agreed to it.
• Delivery depends on carriers and the recipient's phone. We do not promise that every message is delivered or read on time. We show delivery failures where the gateway tells us.
• You can use your own sender name only on plans that include it and once the name is approved. We may refuse or remove a name that is misleading or infringes anyone's rights.

11. Workers and your legal duties

You are solely responsible for your relationship with workers and clients. In particular, you are responsible for:

• deciding whether each worker is an employee or a contractor, and for paying them correctly. Setting a worker as an employee or contractor in ShiftMatch or Xero does not change their legal status, and you must not misrepresent employment as contracting (sham contracting);
• awards, minimum pay, leave, superannuation, workers' compensation, work health and safety, anti-discrimination and the Fair Work Act 2009 (Cth);
• any labour hire licence, NDIS registration, aged care or other registration your business needs, and checking that workers hold the screening, licences and insurances required for a shift;
• telling your workers and clients how you use their information, getting any consent required, and giving workers an alternative where location check-in is not suitable (see Schedule 2);
• workplace surveillance notices. Recording a worker's location at check-in may be “tracking surveillance” under State and Territory laws such as the Workplace Surveillance Act 2005 (NSW) (generally 14 days' written notice to employees before it starts), the Surveillance Devices Act 1999 (Vic), the Workplace Privacy Act 2011 (ACT) and similar laws. You must give every notice and obtain every consent those laws require, before you ask a worker to check in using ShiftMatch. ShiftMatch does not give these notices and is not responsible for your compliance with them.

ShiftMatch's compliance reminders and document tracking are an aid, not a guarantee that a worker is compliant. We give no legal, tax, payroll or employment advice.

12. Acceptable use

You must not: break the law or someone's rights; upload malware or try to break, probe or overload the service; access another agency's data; resell or share the service without our written agreement; use it to send spam, scams or harassing messages; discriminate unlawfully in offering shifts; or put personal information in free-text fields that does not belong there. We may remove content or suspend access under section 19 if you do.

13. Xero, Stripe and other services

The service can connect to third-party services such as Xero (accounting and payroll), Stripe (payments) and mapping and text gateways. Your use of those services is governed by their own terms. ShiftMatch sends draft timesheets and bills to Xero; you must review and approve them in Xero before anyone is paid. You authorise us to access your Xero organisation to the extent you grant on connection, and you can disconnect at any time. We are not responsible for a third-party service being unavailable or changing, although we will try to give you notice where we can.

14. Your data and privacy

You own the information you and your workers put into the service (“your data”). You give us a licence to host, copy, process and display it only to provide, secure and support the service and as these Terms and the Privacy Policy allow. We may use de-identified, aggregated statistics to run and improve the service. Schedule 2 sets out how we handle personal information in your data. You can export your timesheets, workers and shifts at any time while your account is open, and for at least 90 days after it ends.

15. Intellectual property

We own the software, design and branding. You get a non-exclusive, non-transferable right to use the service during your subscription for your internal business purposes. We may use feedback you give us to improve the service without owing you anything for it. You keep your own names and logos.

16. Availability and support

We aim to keep the service available and secure, and we do planned maintenance outside business hours where we can. We do not guarantee uninterrupted service, and the service may depend on providers outside our control. Support is available on business days through our registered address (12/37 Albion Road, Box Hill VIC 3128). We will tell you promptly if we become aware of a significant, extended outage.

17. Consumer law and our liability

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill and be fit for any purpose you have told us about. If we breach a guarantee, you may be entitled to a remedy. Where the law allows us to limit our liability for breach of a guarantee, we limit it, at our option, to supplying the service again or paying the cost of having it supplied again.

Subject to the above, and to the extent permitted by law, for both you and us: (a) neither party is liable to the other for loss of profit, revenue, goodwill or data, or for indirect or consequential loss; and (b) each party's total liability to the other for all claims arising from the agreement in any 12-month period is limited to the greater of the fees you paid or owed in that period and A$1,000. These limits do not apply to (i) your obligation to pay fees, (ii) liability that cannot be limited by law, (iii) death or personal injury, fraud or wilful misconduct, or (iv) a party's breach of confidentiality or of the data handling terms in Schedule 2 where the loss is caused by that breach, which is limited instead to A$100,000 or the fees paid in the previous 12 months, whichever is greater. We are not liable for the acts or omissions of workers or clients or for a shift being unfilled.

18. Indemnity

You indemnify us against third-party claims, and our reasonable costs of defending them, to the extent they arise from your breach of section 10, 11 or 12 or from your data infringing someone's rights. We indemnify you against third-party claims that the service as we provide it infringes that party's Australian intellectual property rights. The indemnified party must tell the other promptly, let them control the defence and give reasonable help, and the indemnity is reduced to the extent the indemnified party contributed to the loss.

19. Suspension and termination

• You may end the agreement at any time by cancelling (section 6).
• We may end it for convenience on at least 30 days' written notice and refund any fees paid for the period after it ends.
• Either of us may end it if the other commits a material breach that is not fixed within 14 days of written notice, or becomes insolvent.
• We may suspend or restrict access immediately, and only for as long as needed, if it is reasonably necessary to prevent harm, illegal activity, abuse or a security risk, or if payment is overdue as described in section 9. We will tell you why unless the law prevents us, and restore access when the issue is resolved.
• When the agreement ends you keep read-only access and export for at least 90 days. Sections that by their nature continue (payment owed, liability, data handling, confidentiality, disputes) survive.

20. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice by email to your admin before a change that is materially worse for you takes effect. If you do not agree, you may cancel before it takes effect under section 6 without any fee. Continuing to use the service after the date means you accept the update. Changes required by law may take effect sooner.

21. Disputes

If there is a dispute, write to our registered address (12/37 Albion Road, Box Hill VIC 3128) and we will both try in good faith to resolve it within 14 days before either starts formal proceedings, except to seek urgent relief. These Terms are governed by the laws of Victoria, and we both submit to the courts of Victoria and the Commonwealth courts sitting there. Nothing here stops you contacting the ACCC, a state fair trading body or the Australian Small Business and Family Enterprise Ombudsman.

22. General

• Notices: we give you notice by email to your admin's address or in the service; you give us notice at our registered address (12/37 Albion Road, Box Hill VIC 3128).
• Assignment: you may not transfer your rights without our consent, which we will not unreasonably withhold. We may transfer ours to a successor of the business.
• Events outside our control: neither of us is liable for a delay or failure caused by events beyond reasonable control, other than a duty to pay.
• Entire agreement: these Terms, the Privacy Policy and your plan are the whole agreement and replace earlier discussions.
• Severability and waiver: if a clause is unenforceable the rest continues; a delay in enforcing a right is not a waiver.
• GST has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Schedule 1: Plans

Prices are per month in Australian dollars, excluding GST. The Billing page always shows the plans on offer to you.

Schedule 2: Data handling terms

This Schedule applies to personal information in your data (workers', clients' and staff members' details). It forms part of the agreement.

1. Roles. You decide why and how personal information about your workers and clients is collected and used. We handle it on your behalf to provide the service, and we are separately responsible for our own handling described in the Privacy Policy.
2. Our commitments. We will (a) use personal information in your data only to provide, secure and support the service and as you instruct through the service, or as the law requires; (b) keep it confidential and ensure our people who access it are bound by confidentiality; (c) apply the security measures in the Privacy Policy and keep each agency's data separated; (d) not sell it or use it for advertising; (e) use only the service providers listed below and require them to protect it, and give you at least 14 days' notice of a new overseas service provider by email so you can object or cancel; (f) help you respond to access, correction and deletion requests within a reasonable time; and (g) delete or return your data as set out in section 6 and below.
3. Breaches. We will tell you without undue delay, and in any case within 72 hours, after we become aware of an unauthorised access to, or loss of, personal information in your data, with the information we have, so you can meet your own notification duties. You remain responsible for deciding whether a breach is notifiable for your agency.
4. Your commitments. You must (a) have a lawful basis and any consent needed to give us personal information; (b) give each worker and client an accurate collection notice, including that their number is used for shift text messages they have agreed to receive and that a one-time location is recorded at check-in, and that their information is stored with service providers overseas; (c) give any workplace surveillance notice, and obtain any consent, required before you use location check-in, and offer a reasonable alternative on request; (d) upload sensitive documents such as screening results only with the person's consent and only if needed for a shift; (e) not enter more personal information than you need; and (f) keep your own logins secure.
5. Overseas disclosure. You agree we may store and process your data with the providers below, in the places shown.
6. Return and deletion. You can export your data while your account is open and for at least 90 days afterwards. After that we may delete it on 14 days' notice, and we will delete it within 30 days of your written request unless the law requires us to keep it. Encrypted backups are overwritten within 35 days.
7. Information and audits. We will give you reasonable information to show we meet this Schedule, such as a written summary of our controls, and cooperate with a reasonable review by you or a regulator, at your cost unless it finds we breached this Schedule.