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Our Commitment To You

Welcome to Roster Portal. By using the Roster Portal web site and the features and services available through Roster Portal ("Service"), you are agreeing to be bound by the following terms of service ("Terms of Service") and in conjunction with the ‘Specific Schedule’ issued to you by Roster Portal or an authorized Agent of Roster Portal so please read them carefully. If you have any questions, please contact us at support@rosterportal.com.

1. Introduction

The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or Roster Portal or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to clients ("clients") (cumulatively referred to as "you" or "your" or ‘Client’ hereinafter) subject to the Terms of Service set out in these website terms of service, the privacy policy and the Specific Schedule (The Specific Schedule of terms and conditions issued in hard copy and signed by you prior to the operation of your Roster Portal portal/s) and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Entire Agreement

These website terms of service and the Specific Schedule (supplied in hard copy by Roster Portal) constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms of service or the Specific Schedule and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

3. Information on the Website

Roster Portal does not provide any information in respect to wages, salaries, wage awards or other information pertaining to the employment of staff other than general and non-specific information. Any information that they may provide is to be considered only as general information and as a guide only and the Client must make its own investigations from appropriate professionals, bodies or web sites as to accurate wages under the Federal and State awards – whichever is applicable.

4. Trade Marks

The trade marks, Intellectual Property, names, systems, specific information technology developed by Roster Portal, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner and the clients of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any Intellectual Property or trade mark without the prior written permission of the Website Owner.

5. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to request a link to your website.

6. Posted, SMS & Email Information

The Website Owner is not responsible for any material submitted to the staff access areas by you (which include bulletin boards or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner.

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Other Terms

• Use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Technical support is only provided to paying account holders and is available via Skype, email, or by phone during business hours of 9am to 5pm AEST.
• You understand that Roster Portal uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Roster Portal, or any other Roster Portal service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Roster Portal.
• Roster Portal may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Roster Portal customer, employee, member, or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• Roster Portal does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained through the service will meet your expectations, and (e) any errors in the Service that a Client has initiated in their portal/s will be corrected without financial remuneration to Roster Portal.
• You expressly understand and agree that Roster Portal shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Roster Portal has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of Clients transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
• The failure of Roster Portal to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
• The Terms of Service in conjunction with the Specific Schedule and the Privacy Policy constitutes the entire agreement between the Client and Roster Portal and govern Client's use of the Service, superseding any prior agreements excluding the Specific Schedule between the Client and Roster Portal including, but not limited to, any prior versions of the Terms of Service.
  You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms of service (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
  
  
• You agree to indemnify, hold harmless, and defend Roster Portal, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney’s fees (“Claims”) resulting from violation of these Terms of Service or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who uses your account. Roster Portal does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.
• You expressly agree that Roster Portal shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or software, or any other matter relating to the Services.
• You agree that if any term in this Agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
• Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Queensland, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. Any suit, action or proceeding concerning these Terms of Service must be brought in a state or federal court located in Brisbane, Queensland, Australia. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
• You agree that the only way to waive rights under these Terms of Service is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
• You agree that the agreement under these Terms of Service shall remain in effect for as long as you, the Client, subscribes to, renews, or uses the Services. You agree that this agreement can only be terminated by you at the conclusion of the ‘Term’ as specified in Specific Schedule and have stopped using the Services and have paid all monies owed to Roster Portal. You agree that Roster Portal can terminate this agreement at any time with or without cause, if Roster Portal has reason to believe that you are violating the Terms of Service in any way, or if the Service is permanently discontinued. Each renewal of Services shall again be subject to these or modified Terms of Service in effect at the time of renewal.
• All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth in the Specific Schedule with the parties’ signatures. Either party may change its address or facsimile number for purposes of these Terms of Service by notice in writing to the other party as provided herein. Roster Portal only may give written notice to a Client via electronic mail to the Client's electronic mail address as maintained in the Client's billing records.
• Neither party is liable for any default or delay in the performance of any of its obligations under these Terms of Service (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s unreasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
• Except as otherwise expressly provided in these Terms of Service, nothing in this agreement is intended, nor shall anything herein be construed to confer any rights, Terms or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Client acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Services, is an intended third-party beneficiary of the provisions set forth in these Terms of Service as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this agreement with respect to its products or services against Client as if it were a party to these Terms of Service and the Specific Schedule.
• Roster Portal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with one months notice given in writing or via electronic media.
• Roster Portal will not alter the Access Fee within the first 12 months of signing of the Specific Schedule by the Client and will not alter the Access Fee by more than ten (10) per cent during any Extended Term. Any alteration to the Access Fee will be notified to the Client by mail or electronic media within 30 days prior to the alteration. Any such alteration to the Access Fee as stipulated above does not entitle the Client to terminate the Agreement.
• Upon expiry of the Initial Term, the Initial Term will be automatically extended for an Extended Term. Notice of Automatic Extension will be provided by Roster Portal at 6 weeks prior to the expiry of the Initial Term or Extended Period, whichever applies.
• Roster Portal shall not be liable to the Client or to any Third Party for any modification, price change, suspension or discontinuance of the Service.
• Upon the signing of the Specific Schedule by both parties the Terms of Service, Privacy Policy and Specific Schedule may be referred to as ‘Agreement’.

8. Third Party Access

In certain circumstances where Roster Portal has negotiated with a Franchise, Cooperative, Buying Group or other similar Organization to provide the services of Roster Portal to the group on special conditions (cost, access, text messages, training, support or other), part of that negotiation may include the accessing of the group members Roster Portal portal/s by the Organization to assist the member in the operation of its business.

While Roster Portal will take whatever action it can to ensure that any information regarding staff, other than wages and hours worked, will be blocked it cannot guarantee that the Organization will use this information or any other information it may obtain due to this limited access to the benefit of every member within the group.

All liability for this Third Party Access will be the responsibility of the Third Party and the Third party will indemnify Roster Portal for any actions of the Third Party that may constitute the infringement of any laws whatsoever.

The Client warrants that it has permission from all Staff who will be installed in the Clients portal/s for Roster Portal or any third party as defined in this section to have access to specific information regarding the Staff including but not limited to Name, Mobile Phone Number, Email Address and Wage rates.

9. Use of the Website.

• Prior to your access of the Roster Portal web site you must provide a valid email address, physical address, company details, ABN or ACN, or individual names and any other information requested in order to complete the Specific Schedule and complete the signup process.
• You are responsible for maintaining the security of your account and password. Roster Portal cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all content posted on your Bulletin Board and any activity that occurs under your account (even when content is posted by others who operate under your account).
• Roster Portal only provides paid accounts. Any account may be terminated at any time at the sole discretion of Roster Portal. Possible reasons for termination include, but are not limited to, failure to pay any fees and charges outlined and agreed in the Specific Schedule, the distribution of unsolicited email or other messages (spam), distribution of text messages, worms, viruses or any code of destructive nature, use of unlicensed copyright materials, lack of use.

10. Training

Roster Portal has been designed and constructed for ease of use, however, as each person’s degree of computer competency varies considerably, with some Clients needing very little training and others a number of hours to become competent in its use, some degree of training in the system may be required.

Roster Portal has trained Roster Portal Accredited Trainers (RPAT) to assist new Clients in the use of the system. These RPAT’s are self employed contractors and where necessary they will work with Clients to train and familiarize the Client with the use of Roster Portal. The cost of any training is at the cost of the Client and Roster Portal accepts no liability for the competency, accuracy and behavior of these RPAT.

11. General

• Conflict
  Where any conflict or contradiction appears between the provisions of these website terms of service and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website, Where a dispute may arise under these Terms of Service or Specific Schedule between Website Owner and the Client, the parties must make every endeavour to settle such dispute amicably and in the event that this is not possible both parties agree to seek the services of a qualified and mutually acceptable Mediator and agree to comply with the standard obligations pertaining to Mediation as per set down in the Australian Mediation Act 1997.
• Waiver
  No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
• Cession
  Roster Portal shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
• Severability
  All provisions of any relevant terms of service, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms of service, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms of service, policies and notices shall remain in full force and effect.

12. Cancellation and Termination

• Client is solely responsible for properly canceling their account or further terms of this agreement and such cancellation must be within the Terms of Service of this document. An email or phone request to cancel Client's account is not considered cancellation.
• If a Client cancels the Service before the end of the contracted period as defined in the Specific Schedule the cancellation will take effect immediately and the Client will be charged for any portion of the Access Fee that is outstanding and a full month Access Fee will apply to any portion of a month that access to the Clients portal that has been used.
• Roster Portal reserves the right to refuse service to anyone for any reason at any time.

13. Portal Fees

All fees and charges are subject to Australian national CPI increases at the discretion of Roster Portal.

• Covers the Generation & Branding of a Clients Portal.
• Roster Portal does not accept any responsibility for infringement of any Copyright or breach of intellectual property in the use of logo’s, colour schemes or any other device supplied by the Client in the set-up of the Clients portal.
• The Establishment Fee is inclusive of all taxes, levies, or duties imposed by Taxation Authorities within Australia and you shall be responsible for payment of all such taxes, levies, or duties that may apply in other legal jurisdictions.
• No part of the Establishment Fee is refundable.
• This fee is payable in advance upon the signing of the Specific Schedule by the Client and no work will commence by Roster Portal until such payment has been received into the Roster Portal bank account.

• This fee is paid monthly, quarterly or annually in advance and commences on the date of activation of the Clients portal/s. Roster Portal offers the first month’s access free of charge. You will be invoiced as per the Specific Schedule.
• A three (3) month ‘Grace Period’ applies where you may cancel your agreement if you find that the Roster Portal system is not providing you with the benefits as advertised by them or expressed by them or their Agents. No fees will be repaid on termination of the agreement during this ‘Grace Period’.
• After the free month access you will be invoiced on the anniversary date of your agreement each month if you select a monthly subscription, each quarter if you select quarterly payment or each year, if you select an annual subscription as specified in the Specific Schedule.
• The Access Fee is payable as per the term as specified in the Specific Schedule and upon expiry of the Initial Term, the Initial Term will be automatically extended for an Extended Term as specified in the Specific Schedule and the terms of this agreement and the Specific Schedule will apply to the Initial Term and any Extended Terms. Notice of Automatic Extension will be provided by Roster Portal at 6 weeks prior to the expiry of the Initial Term or Extended Period, whichever applies.
• If the Client notifies Roster Portal as per part 12 of this document the agreement and the Services will be terminated at the end of the Original Term or the Extended Term, whichever applies.
• All Access Fees are inclusive of all taxes, levies, or duties imposed by Taxation Authorities within Australia and you shall be responsible for payment of all such taxes, levies, or duties that may apply in other legal jurisdictions.

14. Text Messages

As one of the major features of Roster Portal is the texting of staff hours/location, all text messages must be purchased from Roster Portal which has negotiated special purchase rates and are detailed in the Specific Schedule.

15. Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms of service, policies and notices or the way in which we are handling your personal information please contact us.