Client Terms and Conditions
CrewGo Australia Terms of Service
CrewGo Platform Terms of Use
CrewGo App Terms of Use
CrewGo Staff App Terms of Use
Terms of Use | CrewGo
CrewGo Australia Terms of Service
Client Terms of Service
These Client Terms of Service (Terms of Service) govern your access of and use of the Services (as defined below) provided by CrewGo Australia Pty Ltd ABN 31 623 216 713 (CrewGo). Other terms and conditions contained in the privacy policy ( Privacy Policy) and elsewhere on our Website also form part of our agreement with you.
Please carefully read these Terms of Service including the disclaimer in clause 18. By using or accessing the Website, you agree to be bound by these Terms of Service and our Privacy Policy and any Policy Statements in place at the time your order for Goods or request for Services is made. Each time you use our Website you should revisit these Terms of Service. In addition, where you purchase Goods or Services, or where you provide Goods or Services, through the Website, you agree to be bound by the Contractor Agreement found at Attachment 1.
1. Definitions & Interpretation
1.1 Definitions
In these Terms of Service unless inconsistent with the context or subject matter:
Account means a Client’s online account to use our Services
Applicable Laws means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located or which in any way govern or affect the use of the Services.
Client means a person who acquires Goods or Services through the Website.
Content includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise.
Goods means any goods made available to order from a Merchant.
Intellectual Property means all intellectual property rights, including without limitation inventions, patents, copyright, trademarks, know-how, processes, concepts, including our Content, the Website and any other platform developed by CrewGo and the source code for those systems and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms of Service.
Loss means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
Merchant means a third party supplier of Goods or Services.
our, us and we means CrewGo.
Policy Statements means any policy statements, or policies or procedures set out on our Website that describe or detail how Goods or Services are ordered or supplied by us, or by Merchants, and any conditions that apply to the purchasing of Goods or Services.
Related Parties means our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and
Services means any services provide to you by us including the Website, or by Merchants.
State means New South Wales.
Website means the website at co and crewgo.net/marketplace and its related services, products, websites, tools and applications.
Platform means the staff platform available at https://crewgo.net/marketplace
you and your means a Client
1.2 Interpretation
In these Terms of Service, unless inconsistent with the context or subject matter:
Headings and subheadings are for convenience only and do not affect the interpretation of these Terms of Service.
References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms of Service.
References to parties are references to the parties to these Terms of Service.
References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
Words denoting the singular include the plural and words denoting the plural include the singular.
Words denoting any gender include all genders.
The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
A reference to a body (other than a party to these Terms of Service), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.
A reference to any agreement or document (including these Terms of Service) includes any amendments to or replacements of that document.
A reference to a law includes:
legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
any constitutional provision, treaty or decree;
any judgment;
any rule or principle of common law or equity,
and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.
No provision of these Terms of Service will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms of Service.
If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.
A reference to time is a reference to time in the capital city of the state or territory of which the Client is located.
A reference to a day is a reference to a day in the capital city of the state or territory of which the Client is located.
A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
If any act is required to be performed under these Terms of Service by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.
If any act is required to be performed under these Terms of Service on or by a specified day and that day is not a business day, the act must be performed on or by the next business day.
A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.
Specifying anything in these Terms of Service after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
Where these Terms of Service is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.
These Terms of Service includes all schedules, annexures, appendices, attachments and exhibits to it.
A reference to writing or written includes email.
Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
2. Using the CrewGo Website
2.1 The Website provides a platform https://crewgo.net where Clients are able to purchase Goods or Services.
2.2 You acknowledge and agree that we do not provide such Goods nor are we responsible for the preparation, packaging or delivery of Goods that are supplied in an order. All such supply and delivery of Goods is provided by independent third party Merchants.
2.3 You acknowledge and agree that we may provide Goods or Services, or third party Merchants may provide Goods or Services, to you. The provision of those Goods or Services may be subject to Policy Statements in place on our Website (and as amended from time to time). Where there are Policy Statements in place then you agree to be bound by any terms and conditions set out in those Policy Statements at the time you purchase, or place an order for, Goods or Services through our Website.
2.4 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
2.5 Subject to you complying with these terms, we will provide our Services to you as set out in these
2.6 Where 3rd party Merchants provide Goods or Services to you, you as a Client and you as a Merchant (as the context requires), agree that the Goods or Services will be provided in accordance with these Terms and Conditions and the Contractor Agreement found at Attachment 1.
3. Your Account
3.1 In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities (such as purchases) that happen under your Account, even if you do not authorise such
3.2 If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Please contact us immediately if you believe your Account has been compromised or misused in any way.
4. Placing an order for Goods and Services on the Website
4.1 You may place an order for Goods on the Website, by simply visiting the Website and following the prompts.
4.2 You acknowledge that any order placed for Goods on the Website is merely an offer by the Client to purchase the Goods for the price specified at the time the order is placed and will be subject to:
availability and stock of the Goods requested;
pricing of the Goods requested; and
the Merchant who reserves the right in its sole discretion to either accept or reject any offer made by you to purchase the Goods.
4.3 We reserve the right to accept or reject your order (or any part thereof) at any time and for any reason. You may not cancel your order once it is placed other than as expressly provided for in these Terms of Service.
4.4 You may purchase Services through the Website, by simply visiting the Website and following the prompts.
4.5 You acknowledge that any order placed for Services via the Website is merely an offer by the Client to purchase the Services for the price specified at the time the order is placed and will be subject to:
availability of the Services requested; and
the Merchant who reserves the right in its sole discretion to either accept or reject any offer made by you to purchase the Services.
5. Fees and Payment
5.1 By placing an order on the Website you acknowledge and agree to pay the fees. The fees payable for Goods or Services will be as displayed on the Website at the time you place an
5.2 By placing an order for Goods or Services you authorise CrewGo to securely keep your credit card details on file in order to process the payment.
5.3 Prices, fees and other details are subject to change without notice, but fees won’t be changed after you have purchased Goods or Services.
5.4 Payment will be made by direct debit through Stripe payment processing or through bank deposit or other means as agreed by If payment is to be made by direct debit, the Client must ensure that they keep their credit card details up to date at all times and must notify CrewGo in the event that the details are no longer current, and provide replacement details.
5.5 All credit card fees and surcharges incurred in purchasing items on your behalf will be on-charged to you.
5.6 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
5.7 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees, even if such fees are not explicitly disclosed on the Website.
6. Delivery of Goods and Provision of Services
6.1 Where you purchase Goods, you must ensure that you provide the Website with an accurate address and telephone number to ensure that your Goods get sent to the correct
6.2 It is the responsibility of Merchants to send purchased Goods to you. The Goods will be sent or shipped in accordance with the method selected by you when placing an order for the Goods.
6.3 Please note that all delivery times listed on the Website are an estimate time of delivery only and neither we nor the Merchant are responsible for any delays experienced or loss or damage suffered as a
6.4 Where you purchase Services, you must ensure that you provide the Website with sufficient detail so that we, or Merchants, are able to provide the Services to you.
6.5 You accept that where Services are provided by Merchants, that we have no involvement with, and are in no way responsible for the provision of those Services to you. The provision of those Services are subject to the terms and conditions found in the Contractor Agreement at Attachment 1.
7. Cancellation of orders
7.1 We or the Merchant may cancel an order for Goods or Services at any time (including any orders already accepted) without any liability to you for that cancellation for any reason including, without limitation where:
the Goods are not available, or the Merchant will not be able to provide the Services; and/or
there is an error in the description or pricing of any Goods or Services on the Website relevant to your order.
7.2 If we, or Merchants, cancel your order, we or the Merchant, will endeavour to notify you and will provide you a refund pending the outcome of an investigation into the cancellation.
7.3 You are not able to cancel any orders once they have been placed.
8. Refunds
8.1 To the extent permitted by law and except as otherwise expressly provided in these Terms of Service, no refunds of amounts paid to us will be
8.2 We have no liability or obligation to you if a Merchant cancels any Goods or Services any time after you have accepted the Goods or Services, or if the Goods are faulty or the Services defective, or they fail to supply Goods, or Services, to If you have rights to a refund under Applicable Laws, then your rights for a refund are against the Merchant and not us and you will need to manage and arrange at your own expense any refunds (we do not facilitate this).
9. Arrangements and Communications
9.1 Merchants are a third party unrelated to The Merchant may have its own terms and conditions that are applicable to any Goods or Services. When you place an order for the supply of Goods or Services, you are entering into a contract directly with the Merchant. We are not a party to any contract between you and Merchants. All contractual and payment arrangements are the sole responsibilities of the parties and not us.
9.2 We do not supply, provide, manage or control the Merchants on the Website or their Goods or Services and we are not responsible for their advertising (including contents), preparation, packaging or otherwise or the quality and fitness for purpose of any Services. The Merchant is solely responsible for supplying the Goods or Services to If you have any enquiries about Goods or Services you must contact the relevant Merchant. We take no responsibility for the quality of a Good or otherwise provided by a Merchant. All Goods are subject to availability and all Services are subject to the Merchant’s ability and willingness to provide the Services.
10. Legal Rights of Clients
10.1 Your legal rights in connection with the Goods or Services are against the specific Merchant that supplied the Goods or Services and not
10.2 The information about Merchants and their Goods or Services contained on the Website is provided to us by Merchants and other third parties and we cannot, and do not, guarantee the completeness, accuracy, currency or reliability of such You must make your own investigation in the accuracy of the information.
10.3 CrewGo takes no responsibility for the condition of delivered Goods, or the appropriateness or fitness for purpose of any Services supplied.
10.4 We reserve the right to share any information provided by a Client to us with a Merchant, and to store such any conversation between the Client and the Merchant that occurs through the Website in accordance with our Privacy
11. Prohibited use
11.1 You must not access or use the Service or Website (including submitting any content):
in a way that violates these terms;
for unlawful or dangerous activities or purposes;
in a way that is fraudulent, inaccurate, false, misleading or deceptive;
in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);
in a way that is defamatory, trade libellous, unlawfully discriminatory, insulting, or otherwise objectionable, threatening or harassing and you acknowledge that we will not be liable for any defamatory, offensive or illegal content that has been submitted by you;
in a way that damages the credibility of the Website or us or that creates liability for us;
in an attempt to impersonate others or otherwise misrepresent your affiliation with a person or entity;
to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
to distribute or post spam;
in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;
collect Merchant’s information and harass them; or
in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).
12. Communications
12.1 You acknowledge and agrees that:
you assume total risk for your use of the Goods or Services including where you are introduced to third parties, and that third party may cause harm or risk to you or third parties;
CrewGo is not responsible or liable for the actions or inactions of any third party in relation to the Client;
you are solely responsible to take such precautions as may be reasonable and proper regarding any acts or omissions of third parties
13. Feedback System
13.1 Each time you place an order for Goods or Services through the Website, you may be given an opportunity to review the Merchant. Where you submit a review you grant us a worldwide, irrevocable, transferable and fully paid licence to use such review for our business purposes alongside your name and identity
13.1 Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive, racially or sexually offensive or obscene language.
13.2 We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from the Website without notice in our sole discretion.
13.3 We are in no way responsible or liable for the information that is contained in the reviews and do not make any representation or warranty as to the accuracy or reliability of any information or content that is published in the We are under no obligation to remove any review published by you, and you agree that we are not liable under any laws (including defamation and misleading and deceptive conduct) simply through the publication of reviews on the Website. In the event that a review you have provided is in breach of these Terms of Service you agree to indemnify us for such all Losses.
14. Non-Circumvention
You acknowledge and agree that you will not contact Merchants who provide Services directly, i.e. outside of the Website with the purpose of circumventing payment of our fees. You are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees in any way.
15. Access and Termination
15.1 We reserve the right, at any time and without prior notice to remove or disable:
your access to this Website or any part of it for any reason;
any Account or user that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Website or the interests of other users; and
we will not be liable to you for any Loss that you incur in the event that we do this.
15.2 You may terminate your use of the Website at any time. Where you terminate your use of the Website, you will remain liable for all fees payable for orders made prior to termination, and any fees you owe us at the date of termination will immediately become due and payable in full.
15.3 We reserve the right to withdraw, or amend, update or change the functionality or content of the Website at any time, without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period of time or if at any time any functionality of the Website is restricted.
15.4 The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.
16. Intellectual Property Rights and data
16.1 Intellectual property rights You acknowledge and agree that:
we own all right, title and interest in and to the Website and the Intellectual Property and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms of Service;
you consent to us transferring your data to third party IT providers, including our Website host and back-up service provider, which may be outside of Australia;
you will not copy, reproduce, alter, modify, create derivative works, or publicly display our Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
we are not liable or responsible for any Loss that you may experience in submitting Content to us or for our use of your Content in accordance with the licence granted; and
you must not falsely express or imply a relationship between you and us.
17. Disclaimer
17.1 You acknowledge and agree that your use of this Website and the Services is at your own We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Goods and anything relating to Merchants). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.
17.2 You acknowledge and agree that:
we cannot guarantee continuous operation of or access to our Services, or that your use of the Services will be error free;
we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not;
you assume total responsibility for your use of the Website;
CrewGo does not take any steps to verify the accuracy, completeness or otherwise of information or other materials provided by a Merchant and as such provides no warranty or representations of such information or other materials;
CrewGo does not guarantee that any Goods or Services will be safe to use or without risk;
CrewGo does not endorse any Merchant nor do we endorse any Goods on the Website;
CrewGo is not engaged in the supply of Goods or Services and are not a party to any transaction or contract arising or entered into between Clients and Merchants. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the legality, accuracy, completeness or otherwise of:
any Goods (including their existence, quality, safety, suitability or legality);
any Services (including their fitness for purpose);
any information provided by a Merchant to you
the ability of the Merchant to undertake their respective obligations; or
the fees charged by Merchants.
Because of the foregoing, in the event that you have a dispute with one or more Merchants, you release and hold us (and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) harmless from actions, claims, demands and losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18. Limitation of Liability & Release
18.1 Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Service to the maximum extent permitted by
18.2 Without limitation to clause 1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
your use or inability to use this Website in any way;
any reliance placed by you on the completeness, accuracy or existence of any Content, including but not limited to advertising or as a result of any relationship or transaction between you and any third party who is in any way associated or appears on the Website or on the Services;
any Goods ordered through the Website (including without limitation the quality of the Goods);
your failure to provide any truthful or accurate information; or
any action taken on your
You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms of Service.
18.3 You acknowledge and agree that we are not the supplier of the Goods, and that we may not be the supplier of Services, and that any claim that you may have against the Merchant under any guarantee at law that cannot be excluded, is solely against the Merchant and not us (unless the Services relate to your use of the Website).
18.4 You acknowledge and agree that we are not liable for any Goods nor any Services.
18.5 Subject to the other terms of this clause, our maximum aggregate liability to you in any 12-month period for any Loss or damage or injury arising out of or in connection with these Terms of Service, including any breach by us of these Terms of Service, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to the actual charges paid by you under these Terms of Service in the 3-month period preceding the matter or event giving rise to the claim.
18.6 We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms of Service.
18.7 Nothing in these Terms of Service is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
18.8 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option:
in the case of services, the resupply of the services or the payment of the cost of resupply; and
in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods
18.9 Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms of Service, you must:
use your best endeavours to recover that sum before making the claim;
keep us informed of the conduct of such recovery; and
reduce the amount of the claim to the extent that sums are recovered.
18.10 In this clause “ACL” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
18.11 The limitation of liability and indemnity applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.
19. Indemnity
19.1 You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind, due to or arising out of:
your breach or negligent performance of these Terms and Conditions or failure or make any payments;
the Goods or Services ordered by you;
your violation of any law or the rights of a third party;
your disputes with Merchants;
any Loss, damage or claim made against us by a third party:
for death, personal injury, illness or damage to property resulting from Goods ordered by you; or
to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms of Service by you;
any action taken on your Account; and/or
otherwise arising directly or indirectly from your use of the Services.
19.2 Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.
19.3 If a payment due under this clause 20 is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax.
19.4 Except where expressly stated to the contrary in these Terms of Service, the rights of a party under this clause 20 are in addition to any other rights available to that party whether those rights are provided for under these Terms of Service or by law.
19.5 It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause 20.
19.6 The indemnities in this clause 20:
are continuing obligations on you, independent from your other obligations under these Terms of Service and survive termination or expiry of these Terms of Service; and
are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability
20. GST
20.1 Words used in this clause that have a defined meaning in the GST Law (as defined in the in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) have the same meaning as in the GST Law unless the context indicates
20.2 Unless expressly stated otherwise, the consideration for any supply under or in connection with these Terms of Service is exclusive of
20.3 To the extent that any supply made under or in connection with these Terms of Service is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under these Terms of Service for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the
21. Miscellaneous
21.1 Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your
21.2 These Terms of Service are governed by the laws of the State, and the parties submit to the jurisdiction of the Courts of the State and relevant federal/Commonwealth courts competent to hear appears from them.
21.3 These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
21.4 If a clause of these Terms of Service is void or unenforceable it must be severed from these Terms of Service or read down to the extent necessary and the clauses that are not void or unenforceable shall be unaffected by the severance.
21.5 You agree that these Terms of Service and all incorporated agreements may be assigned by CrewGo in its sole discretion without notice. You may not assign these Terms of Service without obtaining CrewGo’s prior written consent.
21.6 Our failure to enforce a provision of these Terms of Service or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of CrewGo.
21.7 You agree that these Terms of Service may not be construed adversely against us solely because we prepared them.
21.8 These Terms of Service and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
21.9 Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between CrewGo and you.
Attachment 1 – Contractor Agreement
This Contractor Agreement (Agreement) will apply to and govern the supply of all Services (as defined below) supplied by the Provider, and any legal entity on whose behalf the Provider is acting to Customers.
If a person is agreeing to this Agreement on behalf of the Provider, the person agreeing on behalf of the Provider warrants that it has the irrevocable authority and agreement of the Provider to be bound by the terms of this Agreement.
1. Definitions and interpretation
1.1 Definitions
In this Agreement:
Applicable Laws means all legislation, orders, by-laws, regulations and codes made thereunder in any way governing or affecting the performance by the Provider of the Services.
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in the state or territory in which the Provider is located.
Commencement Date means the date that this Agreement becomes binding on the Provider and Customer (in accordance with the above).
Confidential Information of a party means all information (in any form):
relating to or arising from the Services;
that concerns a party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, fee pricings, contractor costs, and other business processes); and
includes this Agreement (including without limitation the prices, fees and the relationship formed by this Agreement);
but does not include information that:
is or becomes independently developed or known by the other party through no breach of this Agreement by that party; or
becomes publicly available without breach of this Agreement.
Customer means a person who has purchased Services via, or on, the Website.
Existing Materials means any material in which an intellectual property right subsists that is developed by a party prior to the date of this Agreement or independently of this Agreement.
Fee means the fees payable by Customer for the provision of the Services in accordance with clause 13.
Force Majeure Event means events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
strikes, lockouts or other industrial action;
civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic, health emergencies, disease, or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
interruption or failure of utility services (including the inability to use public or private telecommunications networks); and
the acts, decrees, legislation, regulations or restrictions of any government agency.
Insolvency Event means any insolvency related event that is suffered by a party including without limitation where:
the party ceases to be able to pay its debt as they become due;
any step is taken by a mortgagee to take possession or dispose of the whole or part of the party’s assets;
any step is taken to enter into any arrangement between the party and its creditors; or
any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, an administrator, or other like person of the whole or part of the party’s assets, operation or business.
Intellectual Property includes but is not limited to copyright, trade marks, patents, processes, know-how, designs and other like rights whether recorded in writing or otherwise and includes any of the following:
deliverables produced during the provision of or in connection with the Services;
presentations, information or data, source codes and other information technology relating to or connected with the Services;
business procedures and protocols including client lists and strategies;
books and records relating to or connected with the Services;
advices (including without limitation verbal advices) relating to or connected with the Services;
marketing information relating to or connected with the Services;
technical information, including trade secrets, drawings, plans, strategies, relating to or connected with the Services;
ideas relating to the Services; and
any other material or rights referred to in clause 20.3.
Moral Rights means rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed, and rights of a similar nature that exist, or may come to exist, anywhere in the world in all materials.
Platform means the staff platform available at https://crewgo.net/marketplace.
Policy Statements means additional information, descriptions or processes about the Services set out on the Website.
Provider means the person or entity who is providing Services to a Customer.
Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and employees.
Services means those services as set out on the Website, including any information or additional detail about the services set out in Policy Statements, that the Provider has agreed to provide Customers.
State means New South Wales.
Term means the term of this Agreement commencing and expiring in accordance with clause 1.
Website means crewgo.co and its related websites and platforms.
1.2 Interpretation
In this Agreement, unless inconsistent with the context or subject matter:
Headings and subheadings are for convenience only and do not affect the interpretation of this Agreement.
References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, this Agreement.
References to parties are references to the parties to this Agreement.
References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
Words denoting the singular include the plural and words denoting the plural include the singular.
Words denoting any gender include all genders.
The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
A reference to a body (other than a party to this Agreement), whether statutory or not, that ceases to exist or has its powers or functions transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions.
A reference to any agreement or document (including this Agreement) includes any amendments to or replacements of that document.
A reference to a law includes:
legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them;
any constitutional provision, treaty or decree;
any judgment;
any rule or principle of common law or equity,
and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally.
Any promise, agreement, representation or warranty given or entered into on the part of two or more persons is for the benefit of them jointly and each of them severally.
No provision of this Agreement will be construed adversely to a party because that party was responsible for the preparation of that provision or this Agreement.
If a period of time begins on a given day or the day of an act or event, it is to be calculated exclusive of that day.
A reference to time is a reference to time in the capital city of the state or territory in which the Provider is located.
A reference to a day is a reference to a day in the capital city of the state or territory in which the Provider is located.
A reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
If any act is required to be performed under this Agreement by a party on or by a specified day and the act is performed after 5.00 pm on that day, the act is deemed to be performed on the next day.
If any act is required to be performed under this Agreement on or by a specified day and that day is not a business day, the act must be performed on or by the next business day.
A reference to an amount of dollars, Australian dollars, $ or A$ is a reference to the lawful currency of the Commonwealth of Australia, unless the amount is specifically denominated in another currency.
Specifying anything in this Agreement after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
Where this Agreement is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney.
This Agreement includes all schedules, annexures, appendices, attachments and exhibits to it.
A reference to writing or written includes email.
Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
2. Engagement
2.1 Customer engages the Provider and the Provider accepts that engagement, to provide the Services to Customer for the Term in accordance with the terms of this Agreement.
2.2 This Agreement commences on the Commencement Date and continues until terminated in accordance with its terms.
2.3 The engagement of the Provider is on a non-exclusive basis.
3. Provision of Services
3.1 The Provider agrees to provide the Services to Customer as an independent contractor with the degree of care, skill, judgment and diligence reasonably expected of a prudent contractor experienced in supplying services the same or similar to the Services, that complies with:
the terms of this Agreement;
the reasonable and lawful directions given by Customer from time to time that is consistent with the scope of this Agreement;
any relevant industry or professional standards that from time to time apply to the Provider; and
all Applicable Laws.
4. Performance of Services
4.1During the Term, the Provider shall provide the Services to Customer in the manner, frequency, quantity and times as agreed between the parties on the Website.
4.2 In the event the Provider performs the Services in a manner which results in one or more warranties given to a Customer being breached or is otherwise in a manner not in accordance with its obligations under this Agreement, the Provider must rectify and resolve the issue at its own cost, without delay and otherwise in the manner reasonably required by Customer.
5. Provider obligations and warranties
5.1 The Provider acknowledges and agrees that:
it is responsible for the payment of all costs and expenses upfront in accordance with clause 6;
it is solely responsible for determining the most effective, efficient and safe manner to perform the Services;
it must comply with all Policy Statements;
it must provide the Services in a timely, efficient, dependable and cooperative manner;
it is responsible for the acquisition, cost and maintenance of all required equipment to be able to perform the Services in accordance with clause 7; and
it must not perform the Services under the influence of drugs or alcohol.
5.2 The Provider warrants and represents that throughout the Term that:
they are at least 18 years of age;
the information provided in any application form, posted on the Website is valid and correct in all respects, and that they have not engaged in misleading or fraudulent conduct;
it will hold and maintain a valid driver’s licence with appropriate level of certification to operate its vehicle (where required to provide the Services);
the Provider will comply with all lawful orders and instructions of Customer within the scope as set out in this Agreement;
the Provider has the full power and authority to enter into, perform and comply with its obligations under this Agreement;
the Provider has duly and validly authorised the execution, delivery and performance of this Agreement, and such execution will not contravene any law, or any other agreement or arrangement that the Provider is a party to;
at the date of entering this Agreement, the Provider is not subject to an Insolvency Event;
the Provider has obtained its own independent professional advice before entering into this Agreement;
the Services will:
be performed with due care and skill;
comply with all Applicable Laws; and
comply with the terms of this Agreement;
if the Provider has represented that it is able to provide Services to a Client, it must be able to provide those Services under all Applicable Laws;
the Provider has and will continue to have and to use the skills, qualifications and experience to deliver the Services in a proper and workmanlike and fit for purpose manner with a high degree of quality and responsiveness and to a standard that complies with its obligations under this Agreement;
the Provider has and will for the Term have the necessary equipment and resources to deliver the Services in the manner required under this Agreement and will use those resources to deliver the Services;
the Provider will as soon as possible notify and fully disclose to Customer if:
an event has occurred or is likely to occur which may lead to default on the part of the Provider under this Agreement;
the Provider becomes aware of any event, act or omission which is likely to cause a problem or delay with the provision of the Services and take all reasonable steps to minimise such problem or delay; or
proceedings are taken or threatened or are pending against the Provider which could have an adverse effect upon the Provider’s reputation or upon the Provider’s capacity to perform the Provider’s obligations under this Agreement;
it will not infringe any third party rights or violate any other agreement by performing the Services.
5.3 The Provider acknowledges that Customer is entering into this Agreement in reliance of the warranties and representations contained in this clause and the Provider agrees that those warranties and representations are deemed to be repeated by the Provider each time Services are performed under this Agreement
6. Expenses
6.1 Unless otherwise agreed by Customer, the Provider acknowledges and agrees that they are responsible for the upfront payment of:
all expenses required to purchase goods that are necessary to provide the Services for a particular Customer (such as but not limited to material or equipment that will be installed or used for a Customer).
Note this clause is not intended to cover purchases of items by a Provider that can be used for all Customers, e.g. tools, but rather is intended to only cover items that a Provider is to install or use for a Customer, such as the purchase of a wall mounted garden hose where the Provider has to purchase and install that garden hose at a Customer location).
6.2 Subject to the other terms of this Agreement, Customer will reimburse the Provider for all Service expenses specified in clause 6.1(a) that the Provider incurs in connection with the Services, except for such excluded expenses specified in clause 6.3, provided that:
such expenses are reasonably incurred in the provision of the Services; and
the Provider provides Customer with a valid receipt for the expenses and any other evidence required by Customer following their incursion to verify the expense.
6.3 The following expenses are excluded and will not be covered or reimbursed by Customer:
any inappropriate expenses.
6.4 In the event that Customer is required to reimburse the Provider for expenses under this clause, then subject to the Provider’s compliance with this clause Customer will pay such amount in accordance with the invoicing requirements set out on the Website.
7. Pick-up of Goods
7.1 Where the Provider is obligated to pick up an item on behalf of a Customer, or as required to provide the Services, as far as possible the Customer will be responsible to order and pay for such goods directly, and as such the Provider will not be responsible for such expenses.
8. Equipment
8.1 The Provider is responsible for providing such equipment required for performance of the Services, unless otherwise agreed by the parties.
8.2 Where the provision of the Services requires a vehicle, then the Provider must:
ensure that the vehicle used in the provision of the Services remains throughout the Term:
suitable for the provision of the Services;
maintained in mechanically sound, properly painted and clean condition, fit for the purpose of providing the Services; and
road worthy and in a safe or roadworthy condition;
comply at all times in the performance of the Services with all laws which are applicable to the vehicle during the provision of the Services, including but not limited to laws dealing with:
registration of the vehicle and compulsory third party insurance;
heavy vehicle safety, mass and load regulations, including the lawful use of particular roads and routes;
environmental requirements, emission controls and noise standards;
road safety and traffic management laws;
occupation health and safety; and
driving hours and fatigue management.
9. Insurances
9.1 During the Term, the Provider must take out and maintain at its own cost such insurances with a reputable insurance company that covers all risks that a reasonable person carrying on the Services would be likely to insure against and any insurances required under any Applicable Laws. For the avoidance of doubt, unless otherwise agreed, the Provider must take out and maintain at a minimum the following insurances:
(where the Services require the driving of a vehicle) motor vehicle insurance that provides protection against bodily injury and property damage to the Provider and to third parties in respect of the vehicle at levels of coverage that satisfy the requirements under Applicable Laws; and
public liability insurance for an amount no less than $10,000,000 for any one occurrence; and
any other insurances required by Applicable Laws, such as but not limited to workers compensation insurance.
9.2 The Provider acknowledges and agrees that they are solely responsible to arrange all such insurance policies and to ensure that they maintain adequate insurance that meets the requirements of all Applicable Laws. If the Provider fails to arrange such insurance policies or otherwise fails to comply with this clause, they acknowledge and agree that they will be solely liable for all losses or issues suffered to them or to any third party (including any third party claims) as a result of such failure. The matter of insurance is solely at the Provider’s risk.
10. Qualifications, permits, licenses and other matters
10.1 The Provider warrants that it will at all times during the Term hold the qualifications, permits and licences and comply with any codes as required for the performance of the Services, including but not limited to licenses required:
where the provision of the Services involves driving:
to operate the vehicle or other machinery or equipment supplied or operated by the Provider under this Agreement;
to carry particular kinds of goods, including dangerous goods;
to operate the vehicle on the routes as specified in a Service Request.
11. Authorisation
11.1 During the Term, unless specifically authorised to do so by Customer in writing, the Provider:
must only deal or otherwise negotiate with those prospective clients, partners, suppliers and other third parties whom may engage in deals with Customer which Customer has given its prior written approval of;
has no authority to incur expenditure in the name, or for the account, of Customer;
has no authority to bind or represent Customer in any way or for any purpose other than to the extent required to provide the Services; and
must not make any representations, warranties or undertakings on behalf of Customer or hold itself out as having authority to bind Customer.
11.2 The Provider must at all times during the Term comply with any reasonable and lawful directions given by Customer concerning the authority.
12. Independent contractor
12.1 The Provider acknowledges and agrees with Customer that:
in providing the Services to Customer it is doing so as an independent contractor and that neither this Agreement nor the provision of the Services shall create any relationship of employer and employee, agency, joint venture or partnership between Customer and the Provider; and
without limiting the generality of the matters set out in this clause, the Provider shall be solely liable and shall have no claim upon Customer in respect of wages, salary, superannuation, redundancy or termination payments, annual leave, public holidays, sick leave, long service leave, severance payments on redundancy, all other compensation, entitlements and otherwise, in respect of any claims by the Provider (or any of its employees, staff, contractors and other persons in its employ and control (Personnel)) under any applicable contract, award, workers' compensation law or other law affecting or relating to the relationship between an employer and employee.
12.2 The Provider shall be fully responsible for its Personnel and indemnifies Customer against any claims made by or on behalf of any of the Provider’s Personnel, including, without limitation, any claim for unpaid wages, overtime, vacation pay, or any other claim under employment standards legislation, reasonable notice of termination, or any other claim whether arising pursuant to contract, statute, common law or otherwise. This clause survives termination of this Agreement and remains binding on the Provider.
13. Payment
13.1 Subject to the Provider’s performance of its obligations under this Agreement, the Provider will be paid the fee in accordance with the payment process set out on the Website (Fee).
13.2 The Fees payable to the Provider to perform the Services may be adjusted from time to time and will be as stated on the Website at the time the Service is provided.
13.3 Unless otherwise stated the Fees and any other amount payable by Customer under this Agreement exclude goods and services tax.
13.4 Payments made by the Provider under this Agreement are to be made in Australian Dollars. The Provider shall be responsible for currency conversion and bank fees applicable to international payments.
14. Taxation
14.1 The Provider is responsible for the payment of all taxes, fees, charges and other imposts that apply to it in performance of the Services. Customer is not liable to the Provider in this regard.
15. Complaints
15.1 In the event that either party wishes to make a complaint about the other, that complaint must be lodged and managed through the Website.
16. Feedback System
16.1 Each time a Provider provides Services to a Customer, both the Customer and the Provider will be given the opportunity to provide a review about each other through the Website.
16.2 Reviews must be honest and accurate, and not contain unlawful or objectionable content, including but not limited to, reviews containing defamatory, libellous, abusive, racially or sexually offensive or obscene language.
17. Communications & Relationship
17.1 During the provision of the Services, the Provider will keep the Customer up to date with the progress or status of the Services. This may occur through the Website or as part of the Provider providing Services.
18. Reporting
18.1 The Provider is required to keep accurate and truthful records of the Services provided and shall at all times keep those records up to date.
19. Delegating and subcontracting
19.1 The Provider may subcontract, delegate or performing the Services through any other person (excluding its own employees, directors or agents).
19.2 Where the Provider provides the Services by a person referred to in clause 19.1 (each a Substitute):
the Provider:
must diligently supervise and manage the Substitute in the performance of the Services in accordance with the terms of this agreement;
is responsible, and remains liable to Customer, for the acts, defaults or omissions of the Substitute (and, if the Substitute is a company, its officers and employees) as if they were those of the Provider;
is responsible for remuneration of the Substitute;
is not relieved of any of its obligations under this agreement; and
all references in this Agreement to the Provider are to be read as references to the Substitute.
19.3 The Provider must ensure that any Substitute is bound by an Agreement which contains provisions at least as protective of Customer’s Confidential Information and Intellectual Property as contained in this Agreement.
19.4 The Provider is solely responsible for ensuring that any Substitute complies with the provisions of this Agreement (particularly in relation to Confidential Information and Intellectual Property), and a breach by a Substitute of an obligation imposed on the Provider under this Agreement will be deemed to be a breach by the Provider.
20. Intellectual Property
20.1 This clause does not affect the ownership of the intellectual property rights in any Existing Materials.
20.2 The Provider will retain all rights, title and interest (including intellectual property rights) that subsist in and to the Intellectual Property. The Customer acknowledges Provider’s title or right to the Intellectual Property and undertakes not to take or permit or omit any action which would or might:
invalidate or put in dispute Provider's title or right to the Intellectual Property or any part of it;
conflict with Provider's title or right to the Intellectual Property or any part of it (including copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any of Provider's Intellectual Property)
oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
support any application to remove or undo Provider's title or right in the Intellectual Property or any part of it; or
assist any other person directly or indirectly in any of the above.
20.3 In the event Provider provides the Customer with access to the Intellectual Property and/or Confidential Information, Provider grants the Customer a revocable, royalty free and fee free, non-exclusive, non-assignable and non-transferable licence to use the Intellectual Property and/or Confidential Information solely for the purpose and to the extent necessary for the Customer to be able to use the Services.
20.4 To the extent permitted by applicable law the Provider unconditionally:
consents to any act or omission that would otherwise infringe the Provider’s Moral Rights, whether occurring before or after this consent is given; and
waives all of the Provider’s Moral Rights that the Provider may have worldwide, for the benefit of Customer, its licensees, successors in title and anyone authorised by any of them to do any act comprised in any copyright in the materials.
21. Confidential information
21.1 Other than where:
use of the Confidential Information is required for the purpose of complying with the Provider’s obligations under this Agreement;
the Confidential Information is in the public domain, except as a consequence of a breach of this clause;
expressly agreed by all parties in writing; or
required by law;
the Provider must at all times:
treat and keep the Confidential Information confidential;
not use, or allow the use, of the Confidential Information by any third party;
not disclose or allow the disclosure of the Confidential Information or the fact of the disclosure of the Confidential Information to any third party.
21.2 The Provider shall not for any reason:
either for the Provider or any third party appropriate, copy, memorise or in any manner reproduce or reverse engineer any of the Confidential Information;
use the Confidential Information and/or the Intellectual Property to make any gain (including financial) for anyone other than Customer.
21.3 The Provider must ensure that the Confidential Information is secured and stored in an appropriate place to safeguard the Confidential Information from unauthorised access or use.
21.4 If requested by Customer, the Provider must immediately:
return to Customer or destroy (at the direction of Customer) all Confidential Information, and any copies of the Confidential Information;
cease using the Confidential Information; and
an authorised signatory of the Provider must confirm in writing that they complied with this clause.
21.5 For the avoidance of doubt, the return, destruction or deletion of Confidential Information under this clause does not release the Provider from its obligations under or in connection with this Agreement.
21.6 In the event of a breach or threatened breach of the terms of this clause by the Provider, Customer will, as between the parties, be entitled to an injunction restraining the Provider from committing any breach of this clause without showing or proving actual damage sustained or likely to be sustained by Customer.
21.7 This clause shall not merge on the expiry or earlier termination of the Term.
21.8 Neither party shall make any public statement or announcement concerning the other, the terms of this Agreement or the performance of this Agreement without the prior written consent of the other.
22. Conflict of interest
22.1 Nothing in this Agreement is intended to prevent the Provider from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation ("External Business Activity").
22.2 During the Term, the Provider must refrain from External Business Activity that:
is reasonably likely to interfere with the Services being provided in accordance with this Agreement; or
is reasonably likely to cause a breach of any of the Provider’s obligations under this Agreement.
23. Privacy, data security & use of personal information
23.1 In performing the Services, the Provider agrees to comply with Applicable Laws and any policies and procedures on privacy, data security and use of personal information that are listed on the Website as being applicable.
23.2 The Provider acknowledges and agrees that it is only permitted to use Customer’s information for the purposes as contemplated by this Agreement. The Provider is not permitted to resell, broker or otherwise share contact information of any Customer to any third party in whole or part (except where authorised). Any information provided by the Customer to the Provider is confidential in nature and the Provider must take reasonable steps to protect the confidentiality of such information
24. Termination
24.1 Termination by notice
Either party may terminate this Agreement at any time and without reason, by giving the other party written notice. This will occur through the Website.
24.2 Obligations on termination:
Upon termination of this Agreement, the Provider will:
immediately stop performing the Services; and immediately return to Customer all property, including the Confidential Information and
Intellectual Property, in its possession that belongs to Customer.
Upon termination of this Agreement, Customer will pay the Provider any amounts owing for Services provided up to and including the termination date.
24.3 The accrued rights, obligations and remedies of the parties are not affected by the termination of this Agreement.
25. Liability and indemnity
25.1 The Provider is liable for:
the manner in which the Services are performed by the Provider, including but not limited to any act or omission by the Provider in connection with the performance of the Services;
and indemnifies the Customer for the Provider claiming that they are an employee of Customer (including claims for wages, public holidays, annual leave, parental leave, personal/carer’s leave, long service leave, redundancy or termination of employment);
any breach by the Provider or negligent performance or non-performance of its obligations or warranties under this Agreement; and
any act or omission of the Provider;
except to the extent that the loss is directly attributable to the negligence or wrongful act or omission of Customer.
25.2 The rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under this agreement or by law.
25.3 The obligations under this clause will survive termination of this Agreement.
26. Force Majeure
The Provider will not be in breach of these Terms and Conditions or liable to the Customer for any loss incurred by Customer as a direct result of the Provider failing or being prevented, hindered or delayed in the performance of the Provider’s obligations under these Terms and Conditions where such prevention, hindrance or delay results from a Force Majeure Event.
27. Costs
Each party must pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of this Agreement and any variation or replacement of this Agreement.
28. Notices
28.1 Where a notice is required to be provided from one party to the other, that notice must be sent through the Website.
29. General provisions
29.1 No Waiver
No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Agreement unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
Words or conduct referred to in clause 29.1(a) include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
29.2 Assignment, Novation and Other Dealings
Neither party may assign any of its rights under this Agreement without the prior written consent of the other party.
29.3 Severability
If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
Clause 29.3(a) does not apply if the severance of a provision of this Agreement in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this Agreement.
29.4 No Merger
On completion or termination of this Agreement, the rights and obligations of the parties set out in this Agreement will not merge and any provision that has not been fulfilled remains in force.
29.5 Survival
Any clause which by its nature is intended to survive termination or expiry of this Agreement will survive such termination or expiry.
29.6 Further Action
Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to this Agreement and the transactions contemplated by this Agreement.
29.7 Relationship of the Parties
Nothing in this Agreement gives a party authority to bind any other party in any way.
Nothing in this Agreement imposes any fiduciary duties on a party in relation to any other party.
29.8 Remedies Cumulative
Except as provided in this Agreement and permitted by law, the rights, powers and remedies provided in this Agreement are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of this Agreement.
29.9 Entire Agreement
This Agreement states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.
29.10 No Reliance
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in this Agreement.
29.11 Governing Law and Jurisdiction
This Agreement is governed by the law in force in the State.
Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement.
Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 29.12(b) on the basis that:
any proceeding arising out of or in connection with this Agreement has been brought in an inconvenient forum; or
the courts described in clause 29.12(b) do not have jurisdiction.
CrewGo Platform Terms of Use
Welcome to CrewGo. CrewGo is online workforce planning software available on a software-as-a-service basis at https://crewgo.co.
We provide and maintain theCrewGo Platform but do not provide, and are not responsible for, any person’s provision of any of the labour hire or labour services managed via the Platform.
THESE TERMS OF USE SETS OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY ACCESS AND/OR BROWSE AND/OR OPERATE THE PLATFORM. BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING AND/OR BROWSING AND/OR USING THE PLATFORM, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CREWGO 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; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT USE THE PLATFORM.
These CrewGo Terms of Use (“Terms of Use”) are a binding agreement between you (the person who accesses and/or operates the Platform for any reason) (“you” and “your”) andCrewGo Australia Pty Ltd ABN 79 608 735 888 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 Platform that you access and/or operate and all related documentation that we publish about the Platform. The Platform is not sold to you. As the Platform incorporates Third Party software provider tools, your use of the Platform 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 https://crewgo.co/privacy-policy/ and any other terms and conditions set out on our Website.
The following definitions apply:
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a day from Monday to Friday excluding public holidays in NSW.
Business Hours means 8:30am – 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event means: (a) where the party is an individual, that 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; (b) where the party is a company, a resolution is passed or Court order made for the winding up of that party or an administrator or receiver is appointed to that party; (c) where a receiver or manager, or receiver and manager is appointed to the assets or undertaking of the party or any part thereof; or (d) where a party is unable to pay its debts as and when they fall due.
Intellectual Property Rights means 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 means a non-excludable guarantee implied by the Australian Consumer Law.
Partner means an Australian proprietary limited company that is specified as a Partner on the Partner Application Form.
Partner Application Form means the document entitled “CrewGo – Partner Application Form” signed by or on behalf of a Partner and us.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Platform means the CrewGo website platform owned and/or provided by us, the homepage URL of which is www.crewgo.co and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the website platform, and also refers to any desktop and mobile versions of it.
Platform Account means a User or Partner account on the Platform.
Platform Services means as set out in the Platform Services Description.
Platform Services Description means the description of the Platform published at https://crewgo.co.
Privacy Policy means our privacy policy available at https://crewgo.co/privacy-policy/.
Staff Member(s) means an employee of the Partner.
User means a Staff Member of a Partner that is authorised by the Partner to use the Platform.
Third Party means any person that is not you, us, a Partner or a User.
WHS Law means 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.
We will always upload the latest version of these Terms of Use to this webpage.
If you do not wish to accept these Terms of Use, you must not and cannot use the Platform 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 New South Wales.
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 followed by “but not limited to”.
You agree and acknowledge that the accessibility and usability of the Platform is highly dependent on the proper function of the internet and any other telecommunications networks and infrastructure upon which the Platform operates, interfaces with or connects to.
Certain sections of the Platform are accessible to Partners or Users only. Only Partners and Users who have Platform Accounts may access the Platform Services. You may obtain a Platform Account by either registering on the Platform via your Partner, or by signing a Partner Application Form (if you wish to become a Partner) under which we agree to provide you with a Partner Platform Account.
We reserve the right to accept or reject any person’s registration on the Platform in our absolute discretion.
If you submit an application to register on the Platform, you:
will be deemed to have irrevocably warranted that during the application process you provided truthful and accurate information only;
will be deemed to have irrevocably warranted that you applied for registration on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;
will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity; and
must ensure that you provide a valid email address at the time of registration.
If any of your contact details or other information which you provide during the application process and/or during the Term change, you must promptly amend those details in your Platform Account with your updated details and information with your updated details and information.
You must not provide your Platform Account name or the password for your Platform Account to any person (other than to your Partner, if you are a User). You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your Platform Account (including unauthorised use). You must immediately notify your Partner and/or us if you become aware of any unauthorised use of your and/or another User’s Platform Account and/or unauthorised disclosure of your and/or another User’s Platform Account details.
Users are granted a right to use the Platform in accordance with these Terms of Use. That is the full extent of their relationship with us. Staff Members are not employed by us, nor are they our contractors. Partners and Users 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 Platform. We do not provide any labour services and/or labour hire services via the Platform.
Service Charges
You agree and acknowledge that if you become a Partner or a User you will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.
Each Partner must pay the fees and charges set out in the Partner Application Form (or as otherwise agreed between us and the Partner in writing) ("Service Charges") at the time and in the manner set out in the Partner Application Form, plus any applicable GST. Any applicable GST is payable at the same time as the Service Charges.
If the Platform Services Description specifies a minimum term ("Term"), if you are a Partner you cannot cancel your Agreement with us prior to the expiry of the Term. If the Partner Application Form specifies a minimum subscription term and you are a User, your subscription to the Platform cannot be cancelled prior to the expiry of that minimum subscription term.
Any services that you wish to engage us to provide such as rate configuration and consulting services, and any other ad hoc services, will be charged in accordance with the rates as specified in the pricing sheet within the Partner Application Form and must be paid within 7 days of invoice. We own all intellectual property rights in all and any customistions, integrations, configurations and other output of any services that we provide for you and you hereby irrevocably assign to us all intellectual property rights that you may have therein.
A Partner and/or User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.
If you are a Partner, you must pay all costs associated with you and your Users’ access to the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and Service Charges. In some cases, the Platform may interface with Third Party Tools that may incur additional costs such as voice/video calls, SMS and pre-authorisation of charges through credit cards or direct debits. If you are a Partner, you are responsible for all such additional costs incurred by you and your Users. Payments made by credit cards may incur a higher fee than direct debit payments.
Without limiting our rights and any other provision of these Terms of Use, if a Partner fails to pay the Service Charges in accordance with the requirements of these Terms of Use, we may suspend and/or terminate the Partner’s and its Users’ access to the Platform Services and its and their Data hosted by the Platform.
Responsibility for and ownership of Data
If you are a Partner or User, as between you and us, you own all data that you upload into the Platform Services (“Data”). You agree and acknowledge that we may not own or operate the infrastructure upon which the Platform Services and/or the Data is hosted. You consent to our engagement of hosting providers that are located overseas to perform services on our behalf and to our disclosure and storing of your Data to them. If we choose to do so, you agree that subclause 8.1 of the Australian Privacy Principles will not apply to the disclosure.
If you are a Partner or User, you warrant, agree and represent that:
you will only upload, input, transmit and transfer Data into and/or via the Platform or disclose Data to us, which you are fully entitled and authorised to (including by obtaining all relevant permissions to upload, input, transfer and disclose); and
your Data (and if you are a Partner, the Data of your Users) and our collection, use, processing, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.
If you are a Partner or a User, you license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Data on the Platform as required by us to provide the Platform Services.
Each Partner is solely responsible for the accuracy, legality and quality of all its Data and its Users’ Data and for obtaining any permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and disclose all such Data in connection with the provision of the Platform Services.
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 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 Data (and/or your Users’ Data, if you are a Partner) infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, legislation, guideline, direction, statute, code or standard.
Accessing and Availability of the Platform
You acknowledge that your (and if you are a Partner, your Users’) use of the Platform may not be error free and may be interrupted. The Platform may be unusable from time to time while we, or our hosting providers are conducting maintenance of the Platform or any part of it, or as a result of any telecommunications maintenance, failure or fault, if your electronic device 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 and/or for loss of data suffered by any person. You agree that we may, at any time, access and/or inspect any Platform Account and/or Data that you (and if you are a Partner, your Users) upload or enter into the Platform, as deemed necessary by us to manage and provide the Platform, including as required to support, monitor usage, and perform maintenance and upgrades of the Platform and/or to monitor your (and if you are a Partner, your Users’) compliance with these Terms of Use.
We do not represent, recommend or endorse any website to which we have linked from the Platform via hyperlink or otherwise.
While you are a Partner or a User, we agree to use our best endeavours to procure hosting of the Platform and to ensure that the Platform is available. The availability of the Platform 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.crewgo.co and any planned and unplanned maintenance of the Platform and/or our hosting providers. You agree and acknowledge that the accessibility and use of the Platform is highly dependent on the proper function of the Internet, your devices, systems and/or networks, any other computer and telecommunications networks and infrastructure upon which the Platform operates, interfaces with or connects to, and that we are not responsible for any non-performance of the Platform associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the Platform or access thereto will be uninterrupted or error-free. You hereby release and must indemnify us in respect of any loss and/or 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 Platform.
We may from time to time release patches, updates, workarounds and/or corrections for any Platform faults, bugs or errors. We may also release versions, updates and/or upgrades of the Platform 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 Platform or any part of it (“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 Platform 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.
Responsibilities
You are solely responsible for your Platform 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 that you may suffer by reason of any unauthorised use of your Platform Account details by any third party.
Each Partner and 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 Platform and the performance of any services managed through the Platform. 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.
Your right to access and use the Platform
If you are a Partner or User, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform (the Licence), subject to your compliance with these Terms of Use.
You may not make any use of the Platform (except as permitted by these Terms of Use) and may not do or authorise the commission of any act that would or could potentially invalidate or be inconsistent with our intellectual property rights in the Platform. Without limiting the foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the Platform or any part of the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Platform, or any part of the Platform or any content you obtain via the Platform. 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, license, creative derivative works from or enhance the Platform and/or any content in the Platform (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 Platform 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 Platform.
You must not use the Platform in any way which is in breach of these Terms of Use, the Licence, any other terms and conditions set out on our website, or any statute, regulation, law or legal right of any person.
Acceptable Use Policy
You agree that:
using the Platform and/or Data 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 Platform in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
using the Platform and/or Data 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 Platform 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 Platform 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 Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
using the Platform 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 Platform 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 Platform and/or Data to circumvent the 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 Platform 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 Platform is strictly prohibited by these Terms of Use;
sending unsolicited email messages through or to other Users of the Platform in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
using the Platform 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 Platform and/or Data in breach of any person’s privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use,
(collectively, our Acceptable Use Policy).
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 Platform.
All content on the Platform, including but not limited to 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 software, source code or object code in the Platform is, as between you and us, our exclusive intellectual property.
You have no rights in the Platform 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 Platform or requests for new Platform features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the Platform 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 Platform 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 (or our licensors’) Intellectual Property Rights in the Platform 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 Data or with respect to the rights granted to you by these Terms of Use to use the Platform.
You and us each acknowledge that, as between you and us, in the event of any third party claim that the Platform infringes that third party’s intellectual property rights, we or you, 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 Platform 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 Platform.
Responsibility for other users
We do not accept responsibility for the conduct of any Users of the Platform. If you believe that another User of the Platform has breached these Terms of Use, please contact us.
We are not a party to any transaction for the supply of goods or services advertised by any User of the Platform. Before entering into any transaction with any other User of the Platform, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
Any dispute you have with another user of the Platform is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of the Platform and in respect of any content uploaded or transmitted by, or on behalf of, any user into the Platform.
We check content entered into, or uploaded into, the Platform from time to time, but we may not review or moderate all or any 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 become aware of any content that you think breaches the Acceptable Use Policy, please contact us.
Third Party Tools
If you use the Platform in connection with third party software, applications, products and platforms (“Third Party Tools”), you 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 Platform, 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 to their performance, availability, compatibility with the Platform and/or otherwise) and/or with respect to any providers of Third Party Tools and/or any representations or warranties made by them;
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; and
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 Platform, 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 Platform.
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 Platform and/or interfacing and/or integration of the Platform 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.
CREWGo Users
You agree that we may, at any time, access and/or inspect Data that you or your Users may upload or enter into the CREWGO Staff App and/or the CREWGO App and/or access and/or inspect your and/or their Platform Account, as deemed necessary by us to manage and provide the CREWGO Staff App and/or the CREWGO App, including as required, to support, monitor usage, and perform maintenance and upgrades of the CREWGO Staff App and/or the CREWGO App and to monitor your compliance (and the compliance of your Users, if you are a Partner) with these Terms of Use and the terms of use that govern the use of the CREWGO Staff App and/or the CREWGO App. If you are a Partner, you are responsible for all use of the Platform, the CREWGO Staff App and the CREWGO App by your Users.
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 or your Users’ misuse of the Platform, the CREWGO Staff App and/or the CREWGO App;
your breach of these Terms of Use;
your breach of any applicable award, guideline, direction, law or regulation; and
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 Platform is accurate, correct, up-to-date or error free. The information and content on the Platform do 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 Platform, before relying on any information you obtain from the Platform.
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 Platform.
The goods and services that we supply 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
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 that 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 limited, in the aggregate, to $100.
Termination
If you are not a Partner, we may terminate these Terms of Use and your access to the Platform or any part of it at any time without notice.
If you are a Partner, we may terminate these Terms of Use and your Users’ access to the Platform by notice to you if you or any of your Users:
breach any term or condition of these Terms of Use that is incapable of remedy;
breach any term or condition of these Terms of Use that is capable of remedy but is not remedied within 14 days of demand by us; or
where reasonably necessary to protect our legitimate commercial interests.
We may take down the Platform or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.
Termination of these Terms of Use and access to the Platform does not affect any accrued rights of either party.
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.
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 Platform, 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 Platform, we may immediately terminate these Terms of Use and your access to the Platform 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 https://crewgo.co.
If you are a User, we may issue notices to you by sending them to your Partner.
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 Platform from time to time.
General
The Platform 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 to you, 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.
These Terms of Use constitutes the complete and exclusive statement of the agreement between you and us with respect to the Platform, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the Platform.
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 Platform.
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.
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 Platform Account (“Amendment Notice”). Your continued use of the Platform will be deemed to constitute your acceptance of the amended Terms of Use. It is your responsibility to ensure you are familiar with the most recent version of these Terms of Use prior to each use of the Platform. If you object to our amendments of these Terms of Use, you must provide a written notice to us within 7 days of our sending of an 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 Platform Account.
CrewGo App Terms of Use
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.
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 CREWGO APP. BY CLICKING THE "I AGREE" BUTTON OR BY DOWNLOADING/INSTALLING/USING THE CREWGO APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CREWGO APP 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 CREWGO APP AND DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.
These CREWGO App 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 CREWGO App) (“you” and “your”) and Crewgo Australia Pty Ltd ABN 31 623 216 713 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 CREWGO App that you download or install or use and all related documentation that we publish about the CREWGO App. The CREWGO App is licensed and not sold to you. As the CREWGO App incorporates Third Party Tools, your use of the CREWGO App 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.crewgo.co/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.
CREWGO App: The CREWGO App and the CREWGO App Services and any source code and object code in the CREWGO App.
CREWGO App Account: Your account on the CREWGO App that is generated when you or your employer Partner registers you to become a Supervisor User on the CREWGO App.
CREWGO App Services: The features and functionality of the CREWGO App described in the CREWGO App Services Description.
CREWGO Staff App: Our staffing app called the “CREWGO Staff App” 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 crewgo.co/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 CREWGO Staff App
Supervisor: a person who has a CREWGO App 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 CREWGO App 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 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 support@crewgo.co
Overview of CREWGO App Functionality
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.
Registration
Only Supervisors may access the CREWGO App Services. Only Supervisors who have a CREWGO App Account may access the CREWGO App 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 CREWGO App in our absolute discretion.
If you submit an application to register on the CREWGO App, 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 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.
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 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:
You will only upload, input, transmit and transfer Supervisor User Data and other personal information into and/or via the CREWGO App 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 CREWGO App), 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 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) .
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 CREWGO App) that is hosted by the CREWGO App 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 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.
Costs
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.
Supervisor User CREWGO App Accounts
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.
Third Party Tools
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:
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 CREWGO App 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 CREWGO App, 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 CREWGO App.
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.
Supervisor Users’ status
Supervisor Users are granted a non-exclusive, non-transferable, revocable license to use the CREWGO App in accordance with these Terms of Use (see Your Licence to download, install and use the CREWGO App, 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 CREWGO App. We do not provide any labour services and/or labour hire services via the CREWGO App.
Responsibilities
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.
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 CREWGO App and in any modification, updates, upgrades, enhancements, versions and improvements thereto.
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 have no rights in the CREWGO App 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 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.
You must not take any step to invalidate or prejudice our (and/or our licensors’) Intellectual Property Rights in the CREWGO App 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 CREWGO App.
You and us each acknowledge that, as between you and us, in the event of any third party claim that the CREWGO App or your possession and/or use of the CREWGO App 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 CREWGO App 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 CREWGO App.
Your Licence to download, install and use the CREWGO App
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 CREWGO App only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the CREWGO App (“Licence”), subject to your compliance with these Terms of Use.
You may not make any use of the CREWGO App (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 CREWGO App. Without limiting the foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the CREWGO App or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the CREWGO App (or any part of the CREWGO App) or any content you obtain via the CREWGO App (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 CREWGO App (except your Supervisor User Data) and/or any content in the CREWGO App (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 CREWGO App 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 CREWGO App or any part of it.
You must not use the CREWGO App 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 CREWGO App
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):
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 CREWGO App.
We may terminate these Terms of Use and the Licence and/or your access to the CREWGO App 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 CREWGO App or any computer server or website required for the intended operation of the CREWGO App, 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 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.
Accessing and availability of the CREWGO App
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.
While you are a Supervisor User, we agree to use our best endeavours to procure hosting of the CREWGO App and to ensure that the CREWGO App is available. The availability of the CREWGO App 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.crewgo.co and any planned and unplanned maintenance of the CREWGO App and/or our hosting providers. You agree and acknowledge that the accessibility and use of the CREWGO App is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the CREWGO App operates, interfaces with or connects to, and that we are not responsible for any non-performance of the CREWGO App associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the CREWGO App 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 CREWGO App.
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.
Privacy Policy
Please see our privacy policy accessible at www.crewgo.co/privacy. Your use of the CREWGO App, constitutes acceptance of our Privacy Policy.
Maintenance and support
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.
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 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.
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 CREWGO App or your or their possession and/or operation of the CREWGO App, including, but not limited to: (i) product liability claims made in respect of the CREWGO App; (ii) any claim that the CREWGO App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the CREWGO App. 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 CREWGO App that is entered or uploaded into the CREWGO App by you or any other person. The person who enters the content into or uploads the content into the CREWGO App 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 CREWGO App. If you believe that another user of our CREWGO App has breached these Terms of Use please contact us at support@crewgo.co
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 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 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.
Acceptable Use Policy
You agree that:
using the CREWGO App 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 CREWGO App 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 CREWGO APP to stalk or harass Staff Users;
using the CREWGO App 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 CREWGO App 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 CREWGO App 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 CREWGO App to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
using the CREWGO App 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 CREWGO App 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 CREWGO App 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 CREWGO App 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 CREWGO App is strictly prohibited by these Terms of Use;
sending unsolicited email messages through or to other users of the CREWGO App in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
using the CREWGO App 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 CREWGO App 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 CREWGO App;
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 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.
The goods and services that we supply to any users of the CREWGO App 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 CREWGO App, 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 CREWGO App, we may immediately terminate these Terms of Use and your access to the CREWGO App 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.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.
General
The CREWGO App 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 CREWGO App, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the CREWGO App.
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 CREWGO App.
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 CREWGO App at any time, you may terminate your CREWGO App 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 CREWGO App Account (“Amendment Notice”). Your continued use of the CREWGO App 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 CREWGO App. 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 CREWGO App Account.
Apple and App Store are trademarks of Apple, registered in the U.S. and other countries.
CrewGo Staff App Terms of Use
Welcome to the CREWGO Staff App. The CREWGO Staff App is a software application that Staff Members and Admin Users can use to manage their Shifts that are assigned to them by Admin Users.
We host and maintain the CREWGO Staff App but do not provide, and are not responsible for, any person’s provision of any of the labour hire or labour services managed via the CREWGO Staff App.
About this Terms of Use
THESE TERMS OF USE SET OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD AND INSTALL AND/OR OPERATE THE CREWGO STAFF APP. BY CLICKING THE "I AGREE" BUTTON OR BY DOWNLOADING/INSTALLING/USING THE CREWGO STAFF APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CREWGO STAFF APP 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 THIS TERMS OF USE. IF YOU DO NOT AGREE WHOLLY AND UNCONDITIONALLY TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL OR USE THE CREWGO STAFF APP AND DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.
These CREWGO Staff App Terms of Use (“Terms of Use”) are a binding agreement between you (the person who accesses and/or downloads and/or installs the CREWGO Staff App) (“you” and “your”) and Crewgo Australia Pty Ltd ABN 31 623 216 713 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 CREWGO Staff App that you download or install or use and all related documentation that we publish about the CREWGO Staff App. The CREWGO Staff App is licensed and not sold to you. As the CREWGO Staff App incorporates Third Party software provider tools, your use of the CREWGO Staff App 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.crewgo.co and any other terms and conditions set out on our Website.
Staff Member location tracking functionality is activated in the CREWGO Staff App by default. All Staff Members must operate and consent to the operation of the CREWGO Staff App on their smartphone device during and for at least 15 minutes before the commencement of each Shift, in order for their shifts to be tracked. Staff Members must have location-based monitoring and tracking functionality active in their smartphone devices in order to be tracked. Any Staff Member who does not wish to have their location monitored or tracked using the CREWGO Staff App at any other time may turn off or restrict monitoring or tracking using their smartphone operating system settings.If you are a Registered User, you license us an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Registered User Data to your Partner and their Managers as required by us to provide the CREWGO Staff App Services.
In these Terms of Use, words defined throughout these Terms of Use apply. In addition, the following definitions apply:
Admin User: A Staff Member who has an Admin User CREWGO Staff App
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.
CREWGO Staff App: The CREWGO Staff App and the CREWGO Staff App Services and any source code and object code in the CREWGO Staff App.
CREWGO Staff App Account: Your account on the CREWGO Staff App that is generated when you or your employer Partner registers you to become a Staff User on the CREWGO Staff App.
CREWGO Staff App Services: The features and functionality of the CREWGO Staff App as described in the CREWGO Staff App Services Description.
GST: Has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event: Means: 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.
Manager: A Staff Member who is employed as a Manager or Supervisor by a Partner.
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 crewgo.co/privacy.
Registered User: A Staff User, Admin User, or other user of the CREWGO Staff App.
Shift: One or more Shift Units sharing the same start time.
Shift Unit: A single period of work for an individual Staff Member.
Staff Member(s): Employee(s) of the Partner.
Staff User: A Staff Member who has a CREWGO Staff App
Third Party: Any party that is not you or us.
WHS Law: the legislation enacted in 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 CREWGO Staff App 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 followed by “but not limited to”.
About the CREWGO Staff App
The CREWGO Staff App can be used by Staff Members who have registered on the CREWGO Staff App as a Staff User and/or Admin User. The CREWGO Staff 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 Staff App is highly dependent on the proper function of the Internet, the internet enabled device on which the CREWGO Staff App is installed, and any other telecommunications networks and infrastructure upon which the CREWGO Staff App operates, interfaces with or connects to.
You are responsible for all telecommunications and data charges you incur in connection with your use of the CREWGO Staff 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 Staff App may be sent to us by email to support@crewgo.co.
Overview of CREWGO Staff App Functionality
The features of the CREWGO Staff App presently include (among other things):
account registration functionality that permits registration of ‘Admin User’ or ‘Staff User’ accounts on the CREWGO Staff App;
performance feedback and rating functionality;
functionality that allows Staff Members to publish their availability, location, experience and certain other particulars;
shift viewing tools that allow Partners and Managers to view current and completed Shifts of Staff Members;
functionality which enables certain types of Registered Users to communicate with each other on the CREWGO Staff App;
tools which allow for location-based monitoring and tracking of Staff Members; and
invoicing, timesheet and scheduling functionality.
A comprehensive set of the features and functionality of the CREWGO Staff App is described on our website at www.crewgo.co (the “CREWGO Staff App Services Description”). We reserve the right to withdraw and/or modify any features and functionality of the CREWGO Staff App, at any time and in our absolute discretion.
Registration
Certain sections of the CREWGO Staff App are accessible to Registered Users only. Unregistered users of the CREWGO Staff App may not use the CREWGO Staff App Services. Only users who have registered on the CREWGO Staff App and/or who have a CREWGO Staff App Account may access the CREWGO Staff App Services, subject to the employer Partner of the Registered Users paying the service charges and complying with the Agreement as specified in the Partner Application Form, and subject to the Registered Users’ compliance with these Terms of Us.
We reserve the right to accept or reject any person’s registration on the CREWGO Staff App in our absolute discretion.
If you submit an application to register on the CREWGO Staff App, 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 CREWGO Staff App Account with your updated details and information.
You must not provide your CREWGO Staff App Account name or the password for your CREWGO Staff App Account to any person (other than to your Partner). You agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your CREWGO Staff App Account (including unauthorised use). You must immediately notify your Partner and us if you become aware of any unauthorised use of your and/or another Registered User’s CREWGO Staff App Account and/or unauthorised disclosure of your and/or another Registered User’s CREWGO Staff App Account details.
Responsibility for and ownership of Registered User Data
If you are a Registered User, as between you and us, you own all data that you upload and/or transmit into the CREWGO Staff App Services (including location data that is automatically sent to the CREWGO Staff App) (“Registered User Data”). Registered Users may have access to the Registered User Data of other Registered Users and must not misuse Registered User Data. Your use of any Registered User Data must 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 Staff App Services and/or any Registered User Data is hosted. You consent to our disclosure of your Registered User Data 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 Registered User, you warrant, agree and represent that:
You will only upload, input and transfer Registered User Data into and/or via the CREWGO Staff App Services or disclose Registered User Data to us, that you are fully entitled and authorised to upload, input, transfer and disclose; and
Your Registered User Data and our collection, use, processing, storage and/or disclosure thereof in the course of providing the CREWGO Staff App Services, will not breach any applicable law or right of any person.
If you are a Registered User, you license us an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Registered User Data to your Partner and their Managers as required by us to provide the CREWGO Staff App Services.
Each Registered User is solely responsible for the accuracy, legality and quality of all its Registered User Data and for obtaining any permissions, licenses, rights and authorisations necessary for us to use, host, transmit, store and disclose the Registered User Data in connection with the provision of the CREWGO Staff App Services.
If you are a Registered User, you acknowledge that your access to your Registered User Data that is hosted by the CREWGO Staff App Services is subject to your compliance with these Terms of Use, including payment of any applicable Subscription Fees.
You agree that we are not responsible for any unauthorised disclosure and/or use, loss, corruption or hacking of any Registered User 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 Registered User Data 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 CREWGO Staff App including internet access costs, web browser, computer and smartphone equipment costs, telecommunications (telephone and/or video calls made or messages sent) and data and roaming charges incurred as well as any purchases you may make in connection with your use of the CREWGO Staff App. In some cases, the CREWGO Staff App may interface with Third Party Tools that may incur additional costs such as Voice/Video calls, SMS and pre-authorisation of charges through credit cards or direct debits. You are responsible for all such additional costs incurred. 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.
Admin User CREWGO Staff App Accounts
If a person is appointed by the Partner as an Admin User, that Admin User will, following their registration on the CREWGO Staff App, have the ability to view the account details (including passwords and login credentials) of Staff Users of the CREWGO Staff App. An Admin User is the only Registered User who can change a Registered User’s password on the CREWGO Staff App.
Staff Member GPS Functionality and Admin User password acknowledgment
Staff Member location tracking functionality is activated in the CREWGO Staff App by default. All Staff Members must operate and consent to the operation of the CREWGO Staff App on their smartphone device during and for at least 15 minutes before the commencement of each Shift, in order for their shifts to be tracked. Staff Members must have location-based monitoring and tracking functionality active in their smartphone devices in order to be tracked. Any Staff Member who does not wish to have their location monitored or tracked using the CREWGO Staff App at any other time may turn off or restrict monitoring or tracking using their smartphone operating system settings.
Each Staff User shall be deemed to agree and acknowledge that:
all Admin Users will have accessibility to the Staff User’s account details for the CREWGO Staff App;
Admin Users, Management Users and Partner may have access to Registered User Data including location data obtained from the location tracking functionality of a Staff Member’s smartphone device; and
any changes to a Staff User CREWGO Staff App Account must be actioned by the Partner’s Admin Users.
Managers
Managers are employees appointed by a Partner to manage Staff via the CREWGO Staff App and to edit/approve Shifts worked by Staff via a Management User account on a separate smartphone application called the CREWGO App.
By assigning a Management User CREWGO Staff App Account to a Manager, the Partner shall be deemed to have granted that Manager permission to act on the Partner’s behalf for the following purposes:
Communicating with Staff Members through the CREWGO Staff App by messaging, video or voice calls;
Assigning shifts to Staff Members;
Approving Staff Members’ timesheets; and
Extending the hours Staff Members are required to work on Shifts that may increase their remuneration.
Admin Users will have accessibility to each Management User’s account details for the CREWGO Staff App. Any changes to a Management User CREWGO Staff App Account may only be actioned by the Partner’s Admin User.
Third Party Tools
If you use the CREWGO Staff App in connection with third party software, applications, products and platforms (“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 the CREWGO Staff App, 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 CREWGO Staff App 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 CREWGO Staff App, 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 CREWGO Staff App.
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 Staff App and/or interfacing and/or integration of the CREWGO Staff 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.
Registered Users’ status
Registered Users are granted a non-exclusive, non-transferable, revocable license to use the CREWGO Staff App in accordance with these Terms of Use (see Your Licence to download, install and use the CREWGO Staff App, below). That is the full extent of their relationship with us. Registered 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 CREWGO Staff App. We do not provide any labour services and/or labour hire services via the CREWGO Staff App.
Responsibilities
You are solely responsible for your CREWGO Staff 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 Staff App Account details by any third party or any unauthorised access or use of your CREWGO App Account by any Registered User.
Each Registered User of the CREWGO Staff App 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 Staff App and the performance of any services managed through the CREWGO Staff 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.
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 CREWGO Staff App and in any modification, updates, upgrades, enhancements, versions and improvements thereto.
All content on the CREWGO Staff 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 Staff App is, as between you and us, our exclusive intellectual property.
You have no rights in the CREWGO Staff App 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 CREWGO Staff App or requests for new CREWGO Staff App features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the CREWGO Staff 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 Staff 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.
You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the CREWGO Staff App 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 Registered User Data or with respect to the rights granted to you by these Terms of Use to use the CREWGO Staff App.
You and us each acknowledge that, as between you and us, in the event of any third party claim that the CREWGO Staff App or your possession and/or use of the CREWGO Staff App infringes that third party’s intellectual property rights, we or you and 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 CREWGO Staff App 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 CREWGO Staff App.
Your Licence to download, install and use the CREWGO Staff App
If and only while you are a Registered User, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to access the CREWGO Staff App only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the CREWGO Staff App (“Licence”), subject to your compliance with these Terms of Use.
You may not make any use of the CREWGO Staff App 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 CREWGO Staff App. Without limiting the foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the CREWGO Staff App or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the CREWGO Staff App or any content you obtain via the CREWGO Staff App (except your Registered 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 CREWGO Staff App and/or any content in the CREWGO Staff App (except your Registered User Data) (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 CREWGO Staff App 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 CREWGO Staff App.
You must not use the CREWGO Staff App in any way which is in breach of these Terms of Use, 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 CREWGO Staff App
The Licence and your right to access the CREWGO Staff App 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 CREWGO Staff App.
We may terminate these Terms of Use and the Licence and/or your access to the CREWGO Staff App 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 CREWGO Staff App or any computer server or website required for the intended operation of the CREWGO Staff App, 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 CREWGO Staff App via whatever technical means we choose to employ;
(b) you must cease to use the CREWGO Staff App; and
(c) you must delete all copies of the CREWGO Staff App 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 CREWGO Staff App
You acknowledge that your use of the CREWGO Staff App may not be error free and your use of the CREWGO Staff App may be interrupted. The CREWGO Staff App may be unusable from time to time while we and/or our hosting providers are conducting maintenance of the CREWGO Staff 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 your Registered User Data that you upload or enter into the CREWGO Staff App and/or access and/or inspect your CREWGO Staff App Account, as deemed necessary by us to manage and provide the CREWGO Staff App, including as required, to support, monitor usage, and perform maintenance and upgrades of the CREWGO Staff App and to monitor your compliance with these Terms of Use.
We do not represent, recommend or endorse any website to which we have linked from the CREWGO Staff App via hyperlink or otherwise.
While you are a Registered User, we agree to use our best endeavours to procure hosting of the CREWGO Staff App and to ensure that the CREWGO Staff App is available. The availability of the CREWGO Staff App 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.crewgo.co and any planned and unplanned maintenance of the CREWGO Staff App and/or our hosting providers. You agree and acknowledge that the accessibility and use of the CREWGO Staff App is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the CREWGO Staff App operates, interfaces with or connects to, and that we are not responsible for any non-performance of the CREWGO Staff App associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the CREWGO Staff App 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 CREWGO Staff App.
We may from time to time release patches, updates, workarounds and/or corrections for any CREWGO Staff App faults, bugs or errors. We may also release versions or upgrades of the CREWGO Staff 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 Staff App or any part of it (“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 Staff 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.
Privacy Policy
Please see our privacy policy accessible at www.crewgo.co/privacy. Your use of the CREWGO Staff App constitutes acceptance of our Privacy Policy.
Maintenance and support
If we agree to provide maintenance and support services to users of the CREWGO Staff App, we will publish details of our maintenance and support services on our website at https://crewgo.co/ and you agree and acknowledge that we may access all or any CREWGO Staff App Accounts at any time for those purposes any time, without notice to you.
We are solely responsible for providing any maintenance and support services with respect to the CREWGO Staff App for Registered Users if and only if and to the extent that, such maintenance and support services are specified on our website at https://crewgo.co/, or required under applicable law (if at all). 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 Staff App.
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 CREWGO Staff App, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.
In the event of any failure of the CREWGO Staff App to conform to any applicable warranty and where the warranty relates to your use of a version of the CREWGO Staff App downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the CREWGO Staff 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 Staff App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the CREWGO Staff App 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 CREWGO Staff App or your or their possession and/or operation of the CREWGO Staff App, including, but not limited to: (i) product liability claims made in respect of the CREWGO Staff App; (ii) any claim that the CREWGO Staff App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the CREWGO Staff App. 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.
Registered Users’ Content
To the extent possible by law, we are not liable in relation to any content displayed on the CREWGO Staff App that is entered into or uploaded into the CREWGO Staff App by you or any other person and the person who enters the content into or uploads the content into the CREWGO Staff App 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 CREWGO Staff App. If you believe that another user of our CREWGO Staff App has breached these Terms of Use please contact us.
Where you upload any information, text, graphics, or other audio or visual material (“content”) into, or enter any content into, the CREWGO Staff App, you warrant, agree and represent that:
you are fully entitled and authorised to upload, input, transfer and disclose the content to us and our other Registered Users;
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 Registered Users of the CREWGO Staff App) 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 via the CREWGO Staff App, or anywhere we and/or our affiliates deem appropriate for our business purposes.
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 Staff 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 Staff 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 users of the CREWGO Staff App. We are not a party to any transaction for the supply of goods or services advertised by any Registered User of the CREWGO Staff App. Before entering into any transaction with any other Registered Users of the CREWGO Staff 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 Staff 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 Staff App is solely the responsibility of the person who entered or uploaded the content into the CREWGO Staff App. You agree and accept to use the CREWGO Staff 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 Staff App by any person.
We may check content entered into or uploaded into the CREWGO Staff 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 Staff App that you think breaches our Acceptable Use Policy, please contact us.
Acceptable Use Policy
You agree that:
using the CREWGO Staff App and/or Registered User Data 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 CREWGO Staff App and/or Registered User Data in relation to crimes is strictly prohibited by these Terms of Use (using location data for fraud or theft or to stalk or harass Staff Users);
using the CREWGO Staff App and/or Registered User Data 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 CREWGO Staff App 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 CREWGO Staff App 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 CREWGO Staff App and/or Registered User Data to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
using the CREWGO Staff App 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 CREWGO Staff App 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 CREWGO Staff App and/or Registered User Data 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 CREWGO Staff App 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 CREWGO Staff App is strictly prohibited by these Terms of Use;
sending unsolicited email messages through or to other users of the CREWGO Staff App in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
using the CREWGO Staff App and/or Registered User Data 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 CREWGO Staff App and/or Registered User Data 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 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 misuse of the CREWGO Staff App;
your breach of these Terms of Use;
your breach of any applicable award, guideline, direction, law or regulation; and
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 CREWGO Staff App is accurate, correct, up-to-date or error free. The information and content on the CREWGO Staff App is not 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 Staff App, before relying on any information you obtain from the CREWGO Staff 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 Staff App.
The goods and services that we supply to any users of the CREWGO Staff App 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
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 that 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 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 CREWGO Staff App, 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 CREWGO Staff App, we may immediately terminate these Terms of Use and your access to the CREWGO Staff App 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 https://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 Staff App from time to time.
General
The CREWGO Staff App is only available to persons and 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.
These Terms of Use constitutes the complete and exclusive statement of the agreement between you and us with respect to the CREWGO Staff App, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the CREWGO Staff App.
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 CREWGO Staff App.
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 CREWGO Staff App at any time, you may unsubscribe and terminate your CREWGO Staff App 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 CREWGO Staff App Account (“Amendment Notice”). Your continued use of the CREWGO Staff App 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 CREWGO Staff App. 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 CREWGO Staff App Account.
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