Welcome to the CREWGO App (“CREWGO App”). The CREWGO App can be used by Supervisor Users to manage Staff Member Shift allocation and administration within a Partner’s business. You cannot use the CREWGO App unless you are a Supervisor User.
We host and maintain the CREWGO App but do not provide, and are not responsible for, any Supervisor User’s, Partner’s and/or other user’s provision of any of the labour hire or labour services managed via the CREWGO App.
The CREWGO App can be used by Supervisors to manage other Staff Members in relation to Shifts assigned to them. The CREWGO App is owned by us and may be installed on a range of internet-enabled devices approved by us. You agree and acknowledge that the accessibility and usability of the CREWGO App is highly dependent on the proper function of the Internet, the internet enabled device on which the App is installed, and any other telecommunications networks and infrastructure upon which the CREWGO App operates, interfaces with and/or connects to.
You are responsible for all telecommunications and data charges you incur in connection with your use of the CREWGO App, any in-app purchases that you may make, any in-app telephone and/or video calls that you make, as well as any messages that you send. Any enquiries, suggestions or complaints with respect to the CREWGO App may be sent to us by email to firstname.lastname@example.org
A comprehensive set of the features and functionality of the CREWGO App is described on our Website at (the “CREWGO App Services Description”). We reserve the right to withdraw and/or modify any features and/or functionality of the CREWGO App, at any time and in our absolute discretion.
We reserve the right to accept or reject any person’s registration on the CREWGO App in our absolute discretion.
If you submit an application to register on the CREWGO App, you:
If any of your contact details change, you must promptly amend those details in your CREWGO App Account with your updated details and information.
You must not provide your CREWGO App Account name or password to any person. You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your CREWGO App Account (including unauthorised use). You must immediately notify your Partner and us if you become aware of any unauthorised use of your CREWGO App Account and/or unauthorised use or disclosure of your Supervisor User Data.
If you are a Supervisor User, as between you and us, you own all data that you upload and/or transmit into the CREWGO App Services (“Supervisor User Data”). As a Supervisor User, you will also have access to personal information of other Staff Users. You must ensure that your collection, use and disclosure of all Supervisor User Data (and of personal information of other Staff Users) does not contravene any applicable privacy and data protection laws.
You agree and acknowledge that we may not own or operate the infrastructure upon which the CREWGO App Services and/or any Supervisor User Data (and other personal information) that you collect, use or disclose via the CREWGO App is hosted. You consent to our disclosure of your Supervisor User Data (and other personal information that you process via the CREWGO App Services) to our overseas hosting providers. You agree that subclause 8.1 of the Australian Privacy Principles will not apply to the disclosure.
If you are a Supervisor User, you warrant, agree and represent that:
If you are a Supervisor User, you license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Supervisor User Data on the CREWGO App, as required by us to provide the CREWGO App Services.
Each Supervisor User is solely responsible for the accuracy, legality and quality of all its Supervisor User Data and for obtaining any permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and disclose its Supervisor User Data (and any other personal information that the Supervisor collects, uses or discloses to us via the CREWGO App) .
You agree that we are not responsible for any unauthorised disclosure and/or use, loss, corruption or hacking of any data, except to the extent that we cannot lawfully exclude that liability.
You must indemnify us in respect of any loss and damage (including any penalties or fines) that we or any of our suppliers incur in respect of any claim that any of your Supervisor User Data (or any other personal information that you collect, use or disclose to us via the CREWGO App) infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, legislation, guideline, direction, statute, code or standard.
You are responsible for all costs associated with accessing the CREWGO App including internet access costs, web browser, computer and smartphone equipment costs, telecommunications (telephone and/or video calls made or messages sent), data and roaming charges incurred as well as any purchases you may make in connection with your use of the CREWGO App. In some cases, the CREWGO App may interface with Third Party Tools that may cause you to incur additional costs such as Voice/Video calls, SMS and authorisation charges. You are responsible for those costs. Payments made by credit cards may incur a higher fee than direct debit payments. All such fees are either specified in the Partner Application Form or by the relevant Third Party Tool providers.
If a person is appointed by a Partner as a Supervisor, that Supervisor will, once registered on the CREWGO App, have the ability to view the account details (including passwords and login credentials) of other Staff Users who operate a separate smartphone application, called the CREWGO Staff App. A Supervisor User is the only person who can change a Staff User’s password on the CREWGO Staff App.
If you are a Supervisor, you are responsible for obtaining any consents, permissions, licenses, rights and authorisations necessary for you to legally use, input, modify and delete Shift data concerning any Staff Users. If you are a Manager, each time you use the CREWGO App you will be deemed to irrevocably warrant that you have all such relevant consents, permissions, licenses, rights and authorisations.
If you use our CREWGO App in connection with third party software, applications and products (“Third Party Tools”), you must indemnify us from and against any loss and/or damage that we may incur as a result of your use thereof and/or the interfacing of the Third Party Tools with our CREWGO App, and:
Except where we otherwise expressly specify in writing to the contrary, you agree that the providers of Third Party Tools are not our partners, co-joint venturers, representatives or agents and any link to any Third Party Tool from the CREWGO App and/or interfacing and/or integration of the CREWGO App with a Third Party Tool does not imply that we are affiliated with or sponsor, endorse or approve the Third Party Tool and/or its provider.
You are solely responsible for your CREWGO App Account details such as your username and password, and for maintaining the security thereof. We are not responsible for any breaches, claims, damages or losses you may suffer by reason of any unauthorised use of your CREWGO App Account details by any third party or any unauthorised access or use of your CREWGO App Account by any person.
Each Supervisor User must comply with the WHS Law and all applicable laws, including any applicable employment, industrial relations, taxation, privacy and occupational health and safety laws in connection with its use of the CREWGO App and the performance of any services managed through the CREWGO App. We are not responsible for your compliance or non-compliance with any WHS Law. You must indemnify us from and against any loss or damage that we incur as a result of your failure to comply with WHS Law or other applicable law. This indemnity must be complied with within 7 days of demand by us at any time.
All content in the CREWGO App, including text, graphics, sounds, videos, and logos is protected by trade mark, service mark, copyright, patent, trade secret, or by other law, and between you and us, is our sole and exclusive intellectual property (other than with respect to your data). In addition, all source code or object code in the CREWGO App is, as between you and us, our exclusive intellectual property.
You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the CREWGO App or requests for new CREWGO App features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the CREWGO App or otherwise disclosing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to us effective as soon as you provide each Improvement Suggestion to us or upload or post an Improvement Suggestion to the CREWGO App including, as applicable, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
The Licence and your right to access the CREWGO App is conditional upon (and may be terminated by us if you fail to comply with all or any of):
(a) we may deactivate and/or prevent your use of the CREWGO App via whatever technical means we choose to employ;
(b) you must cease to use the CREWGO App; and
(c) you must delete all copies of the CREWGO App in your possession and control, without prejudice to any other of your or our rights or remedies accrued prior to termination.
You acknowledge that your use of the CREWGO App may not be error free and your use of the CREWGO App may be interrupted. The CREWGO App may be unusable from time to time while we and/or our hosting providers are conducting maintenance of the CREWGO App or any part of it, or as a result of any telecommunications network failure or fault, if your electronic device, system or network loses internet connectivity or as a result of any other matter beyond our reasonable control. To the extent possible by law, we shall not have any liability in respect of any of the foregoing matters and for any interruptions to business or for loss of data suffered by any person. You agree that we may, at any time, access and/or inspect Supervisor User Data that you upload or enter into the CREWGO App and/or access and/or inspect your CREWGO App, as deemed necessary by us to manage and provide the CREWGO App, including as required to support, monitor usage, and perform maintenance and upgrades of the CREWGO App.
We do not represent, recommend or endorse any website to which we have linked from the CREWGO App via hyperlink or otherwise.
We may from time to time release patches, updates, workarounds and/or corrections for any CREWGO App faults, bugs or errors and we may also release versions or upgrades of the CREWGO App from time to time, which will include software modules, additional products and offerings, enhanced features, modifications, additions or substitutions, as part of a beta release of the CREWGO App or any part of it (collectively, “Beta Release”). You hereby expressly agree and acknowledge that each Beta Release is released for testing only and is likely to have numerous defects, bugs and errors. You acknowledge that no version of the CREWGO App is likely to be error-free. You agree that you will not hold us responsible for the consequences of any defects, bugs and errors in any Beta Release, including any defects, bugs or errors that result in loss or corruption of data, or any miscalculations or inaccurate reports of any kind. To the extent permitted by law, we will not be liable for any damage arising from the use or non-use of any Beta Release.
If we agree to provide maintenance and support services to users of the CREWGO App, we will publish details of our maintenance and support services on our website at www.crewgo.co and you agree and acknowledge that we may access all or any CREWGO App Accounts for those purposes at any time, without notice to you.
We are solely responsible for providing any maintenance and support services with respect to the CREWGO App for Supervisor Users if and only if, and to the extent that, such maintenance and support services are specified on our website at www.crewgo.co and/or required under applicable law and/or specified in the Partner Application Form. We and you each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the CREWGO App.
You agree that as between us and Apple, and as between us and Google, we are solely responsible for any product warranties pertaining to the CREWGO App, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.
In the event of any failure of the CREWGO App to conform to any applicable warranty and where the warranty relates to your use of a version of the CREWGO App downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the CREWGO App to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the CREWGO App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the CREWGO App to conform to any warranty will be our sole responsibility.
Where you upload any information, text, graphics, or other audio or visual material (“content”) into, or enter any content into, the CREWGO App, you warrant, agree and represent that:
You license us on an irrevocable, perpetual, non-exclusive, royalty-free, assignable, worldwide, fully transferable, sublicensable basis to publish and disclose any content that you provide to us, including where we and/or our affiliates publish or disclose the content to other Staff Users.
You agree that as between you and us, you are solely responsible for the accuracy, completeness, legality and quality of all content you upload into, or enter into, the CREWGO App, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorised by us, to use, host, transmit, store and disclose that content. You must indemnify us in respect of any claims made against us in respect of any content which you enter into, or upload into, the CREWGO App and/or which relates to your goods and/or services and/or your advertising and/or sales and/or marketing practices.
We make no representation and provide no guarantee in relation to the availability, quality, delivery, consistency, legality, suitability and appropriateness of any goods and services supplied, or failed to be supplied, by any user of the CREWGO App. We are not a party to any transaction for the supply of goods or services advertised by any Supervisor User of the CREWGO App. Before entering into any transaction with any other Supervisor Users of the CREWGO App, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
The publication of any content (including but not limited to third party sites, products or services) on the CREWGO App does not constitute a recommendation, referral, endorsement or any advice from us or any of our officers, employees or agents in respect of the content. Any content displayed on the CREWGO App is solely the responsibility of the person who entered or uploaded the content into the CREWGO App. You agree and accept to use the CREWGO App at your sole risk and that, to the extent possible by law, other than liability which by law cannot be excluded, we shall not (and neither shall Apple or Google) have any liability to you in respect of any content posted to the CREWGO App by any person.
We may check content entered into or uploaded into the CREWGO App from time to time, but we may not review or moderate all or any such content. If we become aware of content that breaches our Acceptable Use Policy we will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If you see any content on the CREWGO App that you think breaches our Acceptable Use Policy, please contact us.
You agree that:
You agree and acknowledge that you are solely responsible for and you must indemnify us in respect of any loss and damage that we may incur in connection with any claims and/or complaints made by any third party, where the claim is caused directly or indirectly by:
Except in respect of any non-excludable guarantees implied by the Australian Consumer Law, we do not represent that the information and content displayed on the CREWGO App is accurate, correct, up-to-date or error free. The information and content on the CREWGO App does not constitute professional advice. You agree that you will seek all appropriate financial, legal and other advice as applicable, and verify any reports or other information provided by the CREWGO App, before relying on any information you obtain from the CREWGO App.
Except in respect of our breach of any non-excludable guarantees implied by the Australian Consumer Law or any other applicable law, you and us are not liable to each other for any indirect, special or consequential loss or damage incurred by the other, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
Except in respect of our breach of any non-excludable guarantees implied by the Australian Consumer Law or any other applicable law, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever arising in relation to your use or inability to use the CREWGO App.
If the goods or services supplied by us to you are supplied to you in your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, we limit our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, at our option, to one or more of the following:
Any warranty against defects provided by us to you in your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we shall use your contact details for your account.
You may contact us or send a notice to us using our contact details that are specified on our website at www.crewgo.co.
Any notice issued by hand shall be deemed delivered upon delivery.
Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 15 Business Days after posting if posted internationally. Any notice issued by email shall be deemed delivered when the email is sent. We may send you email or other electronic messages concerning your account and the CREWGO App from time to time.
The CREWGO App is only available to persons who are able to enter into legally binding contracts.
No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
If you do not wish to continue using the CREWGO App at any time, you may terminate your CREWGO App Account.
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