PM Client App Terms of Use - Personnel Manager

CrewCard App Client Terms of Use

Welcome to the CrewCard App Client (“CrewCard App Client”). The CrewCard App Client can be used by Supervisor Users to manage Staff Member Shift allocation and administration within a Partner’s business. You cannot use the CrewCard App Client unless you are a Supervisor User.

We host and maintain the CrewCard App Client 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 CrewCard App Client.

About this Terms of Use

THESE TERMS OF USE SET OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD AND/OR INSTALL AND/OR OPERATE THE CrewCard App Client. BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING/INSTALLING/USING THE CrewCard App Client, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE Crewcard App Client TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE CAPACITY TO ENTER INTO THESE TERMS OF USE AS A LEGALLY BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL OR USE THE CrewCard App Client AND DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.

These CrewCard App Client Terms of Use (“Terms of Use”) are a binding agreement between you (the person who subscribes and/or accesses and/or downloads and/or installs the CrewCard App Client) (“you” and “your”) and Personnel Manager Pty Ltd ABN 79608735888 of Suite 152, 10 Park Road, Hurstville NSW 2220 (referred to herein as “we”, “our” and “us”), and not with Google Inc. (“Google”) or Apple Inc. (“Apple”).These Terms of Use govern your use of each version of the CrewCard App Client that you download or install or use and all related documentation that we publish about the CrewCard App Client. The CrewCard App Client is licensed and not sold to you. As the CrewCard App Client incorporates Third Party Tools, your use of the CrewCard App Client is subject to the provisions of these Terms of Use, the terms and conditions of any such Third Party software providers, our Privacy Policy at www.personnelmanager.com.au/privacy and any other terms and conditions set out on our website.

In these Terms of Use, words defined throughout these Terms of Use apply. In addition, the following definitions apply:

Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day: A day from Monday to Friday excluding public holidays in NSW.
Business Hours: 8:30am – 5:00pm on Business Days.
CrewCard App Client: The CrewCard App Client and the CrewCard App Client Services and any source code and object code in the CrewCard App Client.
CrewCard App Client Account: Your account on the CrewCard App Client that is generated when you or your employer Partner registers you to become a Supervisor User on the CrewCard App Client.
CrewCard App Client Services: The features and functionality of the CrewCard App Client described in the CrewCard App Client Services Description.
CrewCard App: Our staffing app called the “CrewCard App Crew” that is used by Staff Users in relation to Shifts they are assigned to.
GST: Has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event: means: (a) the party commits an act of bankruptcy or is declared bankrupt or insolvent or that party’s estate otherwise becomes liable to be dealt with under any law relating to bankruptcy or insolvency.
Intellectual Property Rights: All copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights: Has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee: A non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.
Partner: An Australian proprietary limited company identified in the Partner Application Form as a partner.
Partner Application Form: The document entitled “Partner Application Form” signed by your employer Partner and us.
Personal Information: Has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register: The Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Privacy Policy: Our Privacy Policy at https://personnelmanager.com.au/privacy/.
Shift: One or more Shift Units sharing the same start time.
Shift Unit: A single period of work for an individual Staff User.
Staff Member(s): Employee(s) of a Partner.
Staff User: A Staff Member who has a CrewCard App Crew
Supervisor: a person who has a CrewCard App Client Account.
Supervisor User: a Supervisor.
Third Party: Any party that is not you or us.
WHS Law: the legislation enacted by the relevant jurisdiction in which work is performed, that regulates the safety of the work performed and obligations arising for insurance compensation schemes established to address workplace injury and disease.

If you do not wish to accept these Terms of Use, you must not and cannot use the CrewCard App Client or any part of it.

Interpretation

In these Terms of Use:

Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
Currency or “$” refers to Australian dollars.
A reference to a statute or regulation includes amendments thereto.
A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
A reference to time is to time in NSW.
A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
The words “includes”, “including” and similar expressions are not words of limitation and should be interpreted in each case as if following by “but not limited to”.

About the CrewCard App Client

The CrewCard App Client can be used by Supervisors to manage other Staff Members in relation to Shifts assigned to them. The CrewCard App Client 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 CrewCard App Client 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 CrewCard App Client 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 CrewCard App Client, 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 CrewCard App Client may be sent to us by email to support@personnelmanager.com.au

Overview of CrewCard App Client Functionality

A comprehensive set of the features and functionality of the Crewcard App Client is described on our Website at (the “Crewcard App Client Services Description”). We reserve the right to withdraw and/or modify any features and/or functionality of the Crewcard App Client, at any time and in our absolute discretion.

Registration

Only Supervisors may access the CrewCard App Client Services. Only Supervisors who have a CrewCard App Client Account may access the CrewCard App Client Services, subject to the employer Partner of the Supervisor Users paying the service charges and complying with the Agreement as specified in the Partner Application Form, and subject to the Supervisors’ compliance with these Terms of Use.

We reserve the right to accept or reject any person’s registration on the CrewCard App Client in our absolute discretion.

If you submit an application to register on the CrewCard App Client, you:

will be deemed to have irrevocably warranted that during the application process you provided truthful and accurate information only; and
must ensure that you provide a valid email address at the time of registration.

If any of your contact details change, you must promptly amend those details in your CrewCard App Client Account with your updated details and information.

You must not provide your Crewcard App Client 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 Crewcard App Client Account (including unauthorised use). You must immediately notify your Partner and us if you become aware of any unauthorised use of your Crewcard App Client Account and/or unauthorised use or disclosure of your Supervisor User Data.

Responsibility for and ownership of 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 CrewCard App Client 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 CrewCard App Client Services and/or any Supervisor User Data (and other personal information) that you collect, use or disclose via the CrewCard App Client is hosted. You consent to our disclosure of your Supervisor User Data (and other personal information that you process via the CrewCard App Client 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:

You will only upload, input, transmit and transfer Supervisor User Data and other personal information into and/or via the CrewCard App Client Services or disclose Supervisor User Data and other personal information to us, that you are fully entitled and authorised to upload, transmit, input, transfer and disclose; and
Your Supervisor User Data and our collection, use, processing, storage and/or disclosure thereof (and any other personal information that you collect, use or disclose to us via the CrewCard App Client), will not breach any applicable law or right of any person.

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 CrewCard App Client, as required by us to provide the CrewCard App Client 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 CrewCard App Client) .

If you are a Supervisor User, you acknowledge that your access to the Supervisor User Data (and any other personal information that you collect, use or disclose to us via the CrewCard App Client that is hosted by the CrewCard App Client Services is subject to your compliance with these Terms of Use.

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 CrewCard App Client) infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, legislation, guideline, direction, statute, code or standard.

Costs

You are responsible for all costs associated with accessing the CrewCard App Client 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 CrewCard App Client. In some cases, the CrewCard App Client 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.

Supervisor User CrewCard App Client Accounts

If a person is appointed by a Partner as a Supervisor, that Supervisor will, once registered on the CrewCard App Client, 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 CrewCard App Client. A Supervisor User is the only person who can change a Staff User’s password on the CrewCard App Client.

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 CrewCard App Client you will be deemed to irrevocably warrant that you have all such relevant consents, permissions, licenses, rights and authorisations.

Third Party Tools

If you use our CrewCard App Client 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 CrewCard App Client, and:

you agree and acknowledge that: (i) the suppliers (also known as the providers) of the applicable Third Party Tools, and not us, are the suppliers and publishers of the Third Party Tools; (ii) we are not responsible for the performance, accuracy, quality or correctness of any Third Party Tools and/or their providers; and (iii) your use of Third Party Tools is pursuant to a contract between you and the applicable Third Party Tool provider(s), and not pursuant to a contract between you and us;
your use of Third Party Tools is at your sole risk, and not our risk;
we do not make any representations or warranties with respect to any Third Party Tools (whether as to their performance, availability, compatibility with the CrewCard App Client and/or otherwise) and/or with respect to any providers of Third Party Tools;
we are not responsible for the practices, and/or terms and/or policies of Third Party Tool providers;
you agree that we have no obligation to provide any technical support or other assistance in connection with any Third Party Tools and that if we do provide any such technical support or other assistance, you will pay us for all time that we incur in connection therewith at a rate agreed prior to commencement of the technical support or other assistance, to be paid by you into our nominated bank account within 7 days of invoice by us from time to time;
you shall be deemed to have irrevocably released us from any claims that you may otherwise have had against us with respect to any non-performance of the CrewCard App Client, and with respect to any loss, damage or corruption of any of your data, caused by Third Party Tools and/or the interfacing between any Third Party Tools and your data and/or the CrewCard App Client.

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 CrewCard App Client and/or interfacing and/or integration of the CrewCard App Client 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.

Supervisor Users’ status

Supervisor Users are granted a non-exclusive, non-transferable, revocable license to use the CrewCard App Client in accordance with these Terms of Use (see Your Licence to download, install and use the CrewCard App Client, below). That is the full extent of their relationship with us. Supervisor Users are not employed by us, nor are they our contractors. They do not have the authority to represent themselves as having any connection with us, including by agency, joint venture or partnership. We merely provide the CrewCard App Client. We do not provide any labour services and/or labour hire services via the CrewCard App Client.

Responsibilities

You are solely responsible for your CrewCard App Client 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 CrewCard App Client Account details by any third party or any unauthorised access or use of your CrewCard App Client 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 CrewCard App Client and the performance of any services managed through the CrewCard App Client. 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.

Our Intellectual Property Rights

You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to you. As between you and us, we own all Intellectual Property Rights in the CrewCard App Client and in any modification, updates, upgrades, enhancements, versions and improvements thereto.

All content in the CrewCard App Client, 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 CrewCard App Client is, as between you and us, our exclusive intellectual property.

You have no rights in the CrewCard App Client or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to these Terms of Use.

You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the CrewCard App Client or requests for new CrewCard App Client features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the CrewCard App Client 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 CrewCard App Client 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.

You must not take any step to invalidate or prejudice our (and/or our licensors’) Intellectual Property Rights in the CrewCard App Client or otherwise. Without limiting the foregoing provisions, you must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge your rights in respect of your Supervisor User Data or with respect to the rights granted to you by these Terms of Use to use the CrewCard App Client.

You and us each acknowledge that, as between you and us, in the event of any third party claim that the CrewCard App Client or your possession and/or use of the CrewCard App Client infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. However, you will be solely responsible for any such claims caused by your use of the CrewCard App Client with devices, software and/or hardware not approved by us, or where caused by your breach of these Terms of Use, or the content that you upload into, transfer or process via the CrewCard App Client.

Your Licence to download, install and use the CrewCard App Client

If you are a Supervisor User, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to download, install and operate the CrewCard App Client only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the CrewCard App Client (“Licence”), subject to your compliance with these Terms of Use.

You may not make any use of the CrewCard App Client (except as permitted by these Terms of Use) and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our intellectual property rights in the CrewCard App Client. Without limiting the foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the CrewCard App Client or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the CrewCard App Client (or any part of the CrewCard App Client) or any content you obtain via the CrewCard App Client (except your Supervisor User Data. In addition, you must not, nor may you permit any person to:

copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, creative derivative works from or enhance the CrewCard App Client (except your Supervisor User Data) and/or any content in the CrewCard App Client (except as expressly permitted by the Copyright Act 1968 (Cth));
do any act that would or might invalidate or be inconsistent with our intellectual property rights or those of our licensors;
use the CrewCard App Client or any part of it in any way that infringes our rights or the rights of any third party; or
take any steps to circumvent any technological protection measure or security measures in the CrewCard App Client or any part of it.

You must not use the CrewCard App Client or any part of it in any way which is in breach of these Terms of Use (including the Licence), any other terms and conditions set out on our website, or any statute, regulation, law or legal right of any person.

Our right to terminate the Licence and your access to the CrewCard App Client

The Licence and your right to access the CrewCard App Client is conditional upon (and may be terminated by us if you fail to comply with all or any of):

the provisions of these Terms of Use; and
Apple Inc.’s Usage Rules to the extent the Usage Rules are applicable; and/or
all or any applicable laws and regulations governing the operation of the CrewCard App Client.

We may terminate these Terms of Use and the Licence and/or your access to the CrewCard App Client at any time without notice if you fail to comply with any provision of these Terms of Use or if we choose to discontinue providing the CrewCard App Client or any computer server or website required for the intended operation of the CrewCard App Client, or if we deem that it is reasonably necessary to do so to protect our legitimate interests. Upon termination:

(a) we may deactivate and/or prevent your use of the CrewCard App Client via whatever technical means we choose to employ;

(b) you must cease to use the CrewCard App Client; and

(c) you must delete all copies of the CrewCard App Client in your possession and control, without prejudice to any other of your or our rights or remedies accrued prior to termination.

Accessing and availability of the CrewCard App Client

You acknowledge that your use of the CrewCard App Client may not be error free and your use of the CrewCard App Client may be interrupted. The CrewCard App Client may be unusable from time to time while we and/or our hosting providers are conducting maintenance of the CrewCard App Client 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 CrewCard App Client and/or access and/or inspect your CrewCard App Client, as deemed necessary by us to manage and provide the CrewCard App Client, including as required to support, monitor usage, and perform maintenance and upgrades of the CrewCard App Client.

We do not represent, recommend or endorse any website to which we have linked from the CrewCard App Client via hyperlink or otherwise.

While you are a Supervisor User, we agree to use our best endeavours to procure hosting of the CrewCard App Client and to ensure that the CrewCard App Client is available. The availability of the CrewCard App Client Services to you will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out at www.personnelmanager.com.au and any planned and unplanned maintenance of the CrewCard App Client and/or our hosting providers. You agree and acknowledge that the accessibility and use of the CrewCard App Client is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the CrewCard App Client operates, interfaces with or connects to, and that we are not responsible for any non-performance of the CrewCard App Client associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the CrewCard App Client or access thereto will be uninterrupted or error-free and you hereby release us in respect of any loss and damage that we may incur and/or for any claims and/or complaints you may have against us in respect of any interruption, error or unavailability of the CrewCard App Client.

We may from time to time release patches, updates, workarounds and/or corrections for any CrewCard App Client faults, bugs or errors and we may also release versions or upgrades of the CrewCard App Client 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 CrewCard App Client 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 CrewCard App Client 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.

Privacy Policy

Please see our privacy policy accessible at www.personnalemanager.com.au/privacy. Your use of the CrewCard App Client, constitutes acceptance of our Privacy Policy.

Maintenance and support

If we agree to provide maintenance and support services to users of the CrewCard App Client, we will publish details of our maintenance and support services on our website at www.personnelmanager.com.au and you agree and acknowledge that we may access all or any CrewCard App Client 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 CrewCard App Client for Supervisor Users if and only if, and to the extent that, such maintenance and support services are specified on our website at www.personnelmanager.com.au 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 CrewCard App Client.

Warranty and Product Claims

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 CrewCard App Client, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.

In the event of any failure of the CrewCard App Client to conform to any applicable warranty and where the warranty relates to your use of a version of the CrewCard App Client downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the CrewCard App Client 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 CrewCard App Client, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the CrewCard App Client to conform to any warranty will be our sole responsibility.

You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing any of your claims and of any third party relating to the CrewCard App Client or your or their possession and/or operation of the CrewCard App Client, including, but not limited to: (i) product liability claims made in respect of the CrewCard App Client; (ii) any claim that the CrewCard App Client fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the CrewCard App Client. However, notwithstanding the foregoing provisions of this paragraph and any other provisions of these Terms of Use, we will have no responsibility for any matter that these Terms of Use states is your responsibility or your obligation or a matter which you are required to indemnify us for. We are not responsible for your failure to comply with your obligations under these Terms of Use, or at law.

Supervisor Users’ content

To the extent possible by law, we are not liable in relation to any content displayed on the CrewCard App Client that is entered or uploaded into the CrewCard App Client by you or any other person. The person who enters the content into or uploads the content into the CrewCard App Client is responsible for the legality of the content and any claims arising in respect of the relevant content. We do not accept responsibility for the conduct of any users of our CrewCard App Client. If you believe that another user of our CrewCard App Client has breached these Terms of Use please contact us at support@personnelmanager.com.au

Where you upload any information, text, graphics, or other audio or visual material (“content”) into, or enter any content into, the CrewCard App Client, you warrant, agree and represent that:

you are fully entitled and authorised to upload, input, transfer and disclose the content to us; and
the content and our collection, use, storage and/or disclosure of it in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying the content to other Staff Users) will not breach any applicable law or any right of any person.

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 CrewCard App Client, 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 CrewCard App Client 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 CrewCard App Client. We are not a party to any transaction for the supply of goods or services advertised by any Supervisor User of the CrewCard App Client. Before entering into any transaction with any other Supervisor Users of the CrewCard App Client, 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 CrewCard App Client 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 CrewCard App Client is solely the responsibility of the person who entered or uploaded the content into the CrewCard App Client. You agree and accept to use the CrewCard App Client 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 CrewCard App Client by any person.

We may check content entered into or uploaded into the CrewCard App Client 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 CrewCard App Client that you think breaches our Acceptable Use Policy, please contact us.

Acceptable Use Policy

You agree that:

using the CrewCard App Client to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
using the CrewCard App Client in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use and/or using location data obtained from the CrewCard App Client to stalk or harass Staff Users;
using the CrewCard App Client in violation of any applicable law or regulation, or creating any criminal or civil liability of any kind whatsoever is strictly prohibited by these Terms of Use;
using the CrewCard App Client in breach of the Fair Work Act 2009 (Cth) or any Awards and/or other workplace relations laws, employment laws and/or industrial relations laws, is strictly prohibited by these Terms of Use;
using the CrewCard App Client in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms of Use;
introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
using the CrewCard App Client to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
using the CrewCard App Client to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
using the CrewCard App Client to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by these Terms of Use;
using the CrewCard App Client to circumvent user authentication or security of any of our hosts, networks or accounts or those of our suppliers is strictly prohibited by these Terms of Use;
using the CrewCard App Client to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the CrewCard App Client is strictly prohibited by these Terms of Use;
sending unsolicited email messages through or to other users of the CrewCard App Client in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
using the CrewCard App Client to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
use of the CrewCard App Client in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms of Use.

Limitation of liability

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:

your breach of these Terms of Use;
your misuse of the CrewCard App Client ;
your breach of any applicable award, guideline, direction, law or regulation; and/or
your goods and/or services and/or your advertising and/or sales and/or marketing practices.

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 CrewCard App Client is accurate, correct, up-to-date or error free. The information and content on the CrewCard App Client 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 CrewCard App Client, before relying on any information you obtain from the CrewCard App Client.

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 CrewCard App Client.

The goods and services that we supply to any users of the CrewCard App Client under these Terms of Use may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of any implied guarantees that may be applicable to you will depend on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where you are a ‘consumer’ for the purposes of the Australian Consumer Law, we are required to provide and shall be deemed to have provided the following mandatory statement to you: “our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

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:

if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and/or
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.

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.

Except with respect to any non-excludable guarantees which may be implied by the Australian Consumer Law, all conditions, warranties, guarantees, rights and remedies implied in these Terms of Use are excluded, to the extent possible by law.

To the extent that our liability is not otherwise excluded by these Terms of Use, except with respect to any non-excludable guarantees, our liability to you is strictly limited, in the aggregate, to $100.

Export Control

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.

Third Party Beneficiary – Apple

We and you each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.

Personal Property Securities Act

You are expressly prohibited from registering a security interest on the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (Cth) in respect of the CrewCard App Client, the Licence or any rights granted under these Terms of Use. Without limiting our rights, if you or any person on your behalf records a security interest of any type on the Personal Property Securities Register in respect of the CrewCard App Client, we may immediately terminate these Terms of Use and your access to the CrewCard App Client without notice.

Notices

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.personnelmanager.com.au

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 CrewCard App Client from time to time.

General

The CrewCard App Client is only available to persons who are able to enter into legally binding contracts.

All rights not expressly granted to us in these Terms of Use are expressly reserved by us.

You shall not assign, transfer, license or novate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, license or novate our rights under these Terms of Use by notice. We may also, by notice, novate our obligations under these Terms of Use at any time in connection with a restructure or sale of all or part of our business or corporate group.

These Terms of Use constitutes the complete and exclusive statement of the agreement between you and us with respect to the CrewCard App Client, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the CrewCard App Client.

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 any provision of these Terms of Use or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms of Use and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.

These Terms of Use shall be governed by the laws of New South Wales, Australia. You and us submit to the non-exclusive jurisdiction of the courts located in New South Wales and any courts of appeal therefrom, with respect to any dispute that may arise in relation to the CrewCard App Client.

The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but we do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, we do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

Terminating your Account

If you do not wish to continue using the CrewCard App Client at any time, you may terminate your CrewCard App Client Account.

Amendment of these Terms of Use

We reserve the right to amend, modify and/or replace these Terms of Use at any time at our discretion on 21 days’ notice to you using any email address that you enter into your CrewCard App Client Account (“Amendment Notice”). Your continued use of the CrewCard App Client will be deemed to constitute your acceptance of the amended Terms of Use. It is your responsibility to ensure that you are familiar with the most recent version of these Terms of Use prior to each use of the CrewCard App Client. If you object to our amendments of these Terms of Use, you must provide a written notice to us within 7 days of the date of the relevant Amendment Notice (“Amendment Objection Notice”). We will respond to an Amendment Objection Notice within 14 days. We may withdraw our amendments to these Terms of Use the subject of the Amendment Notice by sending you a notice confirming their withdrawal during that 14-day period. If we do not so withdraw our amendments to these Terms of Use, you may cancel your CrewCard App Client CliweAccount.

Apple and App Store are trademarks of Apple, registered in the U.S. and other countries.