Last Updated: 12 Sept 2023

TERMS AND CONDITIONS OF USE

A. BUSINESS USERS

Welcome to ShiftOwl! ShiftOwl is a marketplace that seamlessly connects businesses with those who are looking for shift work. Our mission is to transform the way in which shift work is established, anywhere in the world, at any time. Businesses that use ShiftOwl will be able to better manage their busy periods and reduce their administrative burden, whilst shift workers who use ShiftOwl will be able to work when they want, anywhere in the world - in their own terms. This document, and the documents referred to within, apply for businesses who wish to use ShiftOwl for the purposes of connecting with Third-Party Providers.

1. About the Application and Services

  1. ShiftOwl is a marketplace for connecting businesses with independent third-party providers (‘Third-Party Provider’) of ad hoc personal services (the 'Services').

  2. The application is operated by ShiftOwl Pty Ltd (ACN 654 873 757) (‘ShiftOwl’). Access to and use of the application is provided by ShiftOwl. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the application immediately.

  3. In using the application, you acknowledge that ShiftOwl is not affiliated in any way with any Third-Party Provider, and that said Third-Party Providers are not employees of ShiftOwl.

  4. Given Third-Party Providers status’ as independent contractors, you agree that you will not require any Third-Party Provider to wear a uniform. However, you may request that a Worker wear appropriate attire to a designated theme, or in line with any applicable safety standards.. Additionally, you acknowledge and agree that the Third-Party Provider will only be required to perform the Services as per the relevant job listing posted in the application.

  5. ShiftOwl reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the application. To continue using the application, please accept the Terms by reading the terms and conditions outlined on this page and clicking the box stating ‘I accept the Terms and Conditions of Use’.

3. Your Use of the Services

  1. To access the Services, you must register for and maintain an active business user account (“Account”).

  2. Account registration requires you to provide ShiftOwl with certain information, including:

    • Company name;
    • Business name;
    • ABN or ACN;
    • Evidence of appropriate levels of insurance, including but not limited to workers compensation insurance with protection for independent contractors;
    • Contact phone number; and
    • a valid payment method (either credit or debit card or accepted payment partner).

  3. You warrant that any information you give to ShiftOwl in the course of completing the registration process will always be accurate, correct and up to date. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the application, or the termination of your Account.

  4. You must maintain a safe work environment for Third-Party Providers to the best of your ability to ensure Third-Party Providers are provided appropriate instruction and workplace inductions, to be able to perform their contracted duties in a safe manner.

  5. Once you have completed the registration process, you will be a registered user of the application (‘User') and agree to be bound by the Terms.

4. Your obligations as a User

As a User, you agree to comply with the following:

  1. You will use the Services only for purposes that are permitted by:

    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  2. you will adhere with any current COVID restrictions and regulations in force in the Users jurisdiction;

  3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ShiftOwl of any unauthorised use of your password or email address or any breach of security of which you become aware;

  4. access and use of the application is limited, non-transferable and allows for the sole use of the application by you for the purposes of ShiftOwl providing the Services;

  5. you will not use the Services or application for any illegal and/or unauthorised use;

  6. you will not, in your use of the Services, harass, bully, cause annoyance or inconvenience, to a Third-Party Provider or any other party, including ShiftOwl, its affiliates or any of their employees, agents or contractors;

  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the application without notice and may result in termination of the Services. Appropriate legal action will be taken by ShiftOwl for any illegal or unauthorised use of the application; andyou agree that you are authorised to accept these terms and conditions, and use the Services, on behalf of the User.

5. Payment

  1. You understand that the use of the Services will result in charges to you for the services you receive from a Third-Party Provider (“Charges”).

  2. After you have received Services through your use of the application, ShiftOwl will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as the Third-Party Provider’s limited collection agent.

  3. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Third-Party Provider.

  4. Charges are inclusive off all costs incurred by the Worker in the performance of the services, including a service fee charged by ShiftOwl and transaction costs, and applicable taxes, excluding GST.

  5. Charges paid by you are final and non-refundable, unless otherwise determined by ShiftOwl.

  6. All Charges are due immediately upon being matched with a Third-Party Provider, and payment will be facilitated by ShiftOwl using the preferred payment method designated in your Account, after which a tax invoice will be stored within the ShiftOwl application and sent via email. Please note that services that are provided outside of the scope of the initial engagement will incur additional Charges.

  1. The application, the Services and all of the related products of ShiftOwl are subject to copyright. The material on the application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the application (including but not limited to text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by ShiftOwl or its contributors.

  2. All trademarks, service marks and trade names are owned, registered and/or licensed to/by ShiftOwl , who grant to you a non-exclusive, royalty-free, revocable license whilst you are a User to:

    • use the application pursuant to the Terms;
    • copy and store the application and the material contained in the application in your device's cache memory; and
    • print pages from the application for your own personal and non-commercial use.

ShiftOwl does not grant you any other rights whatsoever in relation to the application or the Services. All other rights are expressly reserved by ShiftOwl.

  1. ShiftOwl retains all rights, title and interest in and to the application and all related Services. Nothing you do on or in relation to the application will transfer any:

    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7. Privacy

ShiftOwl takes your privacy seriously and any information provided through your use of the application and/or Services are subject to ShiftOwl's Privacy Policy, which is available on the application.

8. General Disclaimer

  1. Use of the application and the Services is at your own risk. Everything on the application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ShiftOwl make any express or implied representation or warranty about the application or the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the application, the Services, or any of its Services related products (including third party material and advertisements on the application); and
    • costs incurred as a result of you using the application, or the Services.

  2. In addition, ShiftOwl makes no representation or warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services.

  3. You acknowledge and agree that information published by ShiftOwl is intended to provide general information in summary form on market participants insights, and other issues. ShiftOwl does not warrant the accuracy or completeness of such information.

  4. ShiftOwl does not guarantee the quality, suitability, safety or ability of Third- Party Providers. You agree that the entire risk arising out of your use of the Services remains solely with you, to the maximum extent permitted by law.

9. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of ShiftOwl. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, ShiftOwl will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

10. Limitation of liability

  1. ShiftOwl's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

  2. You expressly understand and agree that ShiftOwl, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11. Termination access to application

  1. ShiftOwl may at any time, terminate the Terms with you if:

    • you have breached any provision of the Terms or intend to breach any provision;
    • ShiftOwl is required to do so by law; or
    • the provision of the Services to you by ShiftOwl is, in the opinion of ShiftOwl, no longer commercially viable.

  2. Subject to local applicable laws, ShiftOwl reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ShiftOwl's name or reputation or violates the rights of those of another party.

  3. If you want to terminate the Terms, you may do so at any time by closing your Account.

12. Indemnity

  1. You agree to indemnify ShiftOwl, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the application or the Services;

    • any direct or indirect consequences of you accessing, using or transacting on the application or attempts to do so; and/or

    • any breach of the Terms.

13. Dispute Resolution
  1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  1. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Perth, Western Australia, Australia.
  1. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  1. Termination of Mediation:

If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Services offered by ShiftOwl is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

15. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

B. THIRD-PARTY PROVIDER

Welcome to ShiftOwl! ShiftOwl is a marketplace that seamlessly connects businesses with those who are looking for shift work. Our mission is to transform the way in which shift work is established, anywhere in the world, at any time. Businesses that use ShiftOwl will be able to better manage their busy periods and reduce their administrative burden, whilst shift workers who use ShiftOwl will be able to work when they want, anywhere in the world - in their own terms. This document, and the documents referred to within, apply for prospective shift workers who wish to use ShiftOwl for the purposes of connecting with businesses.

1. About the Application and Services

  1. ShiftOwl is a marketplace for connecting independent third-party providers (‘Third-Party Provider’) of ad hoc personal services (the 'Services') with businesses in need of said Services.

  2. The application is operated by ShiftOwl Pty Ltd (ACN 654 873 757) (‘ShiftOwl’). Access to and use of the application is provided by ShiftOwl. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the application, or any of its services, immediately.

  3. In using the application, you acknowledge that no relationship of employment arises between you and ShiftOwl, and that each time you are placed with a business via the application you are entering a separate and unique contract for services with said business.

  4. ShiftOwl reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the application. To continue using the application, please accept the Terms by reading the terms and conditions outlined on this page and clicking the box stating ‘I accept the Terms and Conditions of Use’.

3. Your Use of the Services

  1. In order to access the Services, you must register for and maintain an active personal user account (“Account”).

  2. You must be at least 18 years of age to obtain an Account.

  3. You must have a right to work within Australia.

  4. Account registration requires you to provide ShiftOwl with certain personal information, including:

    • name;
    • age;
    • address;
    • mobile phone number;
    • Tax File Number (TFN);
    • Australian Business Number (ABN);
    • Registration for GST (if required by law);
    • Proof of right to work in Australia;
    • Evidence of appropriate levels of insurance, including but not limited to, public liability insurance;
    • bank account details.

  5. You warrant that any information you give to ShiftOwl in the course of completing the registration process will always be accurate, correct and up to date. Your failure to maintain accurate, complete, and up to date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the application, or the termination of your Account.

  6. Once you have completed the registration process, you will be a registered user of the application (‘User') and agree to be bound by the Terms.

4. Your obligations as a User

As a User, you agree to the following:

  1. You will use the Services only for purposes that are permitted by:

    • the Terms; and -any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  2. you will adhere with any current COVID restrictions and regulations in force in the Users jurisdiction;

  3. maintain sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

  4. use of your registration information by any other person, or third parties is prohibited. You agree to immediately notify ShiftOwl of any unauthorised use of your password or email address or any breach of security of which you become aware;

  5. access and use of the application is limited, non-transferable and allows for the sole use of the application by you for the purposes of ShiftOwl providing the Services;

  6. you will not use the Services or application for any illegal and/or unauthorised use;

  7. you will not, in your use of the Services, harass, bully, cause annoyance or inconvenience, or property damage, whether to the business or any other party, including ShiftOwl, its affiliates or any of their employees, agents or contractors;

  8. you will ensure you are fit for work and able to perform required duties to a safe and appropriate standard, to the best of your ability, and ensure businesses are adequately informed if you are unable to perform your contracted duties in a safe manner;

  9. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the application without notice and may result in termination of the Services. Appropriate legal action will be taken by ShiftOwl for any illegal or unauthorised use of the application; and

5. Payment

  1. You may download the ShiftOwl application free of charge, but you may be subject to data or other network costs;

  2. When providing services through the application, you will be paid the final fee levied for the Services in accordance with actual hours worked.

  3. If you work any additional hours beyond an existing shift, you are responsible for ensuring the shift hours are accurately recorded. A business may lodge a request for you to work additional hours within the application. Once you click “accept”, the additional hours will be captured and you will be appropriately paid for these additional hours.

  4. In the event you forget to notify ShiftOwl upon the completion of the relevant Services, you will only be paid for the hours stated in the relevant job listing posted in the application, regardless of whether you worked additional hours.

  5. Payment will be made to your nominated bank account within 48 hours of the completion of the Services. Please note that certain circumstances outside of ShiftOwl’s control may occasionally result in a delay in payment.

  6. ShiftOwl will charge you a fee of $4 for each shift completed through the application. ShiftOwl will send a tax invoice to the business on your behalf. You can access your payment history within the History section of the application. These will be available immediately after each shift is completed.

  1. The application, the Services and all of the related products of ShiftOwl are subject to copyright. The material on the application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the application (including but not limited to text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ShiftOwl or its contributors.

  2. All trademarks, service marks and trade names are owned, registered and/or licensed to/by ShiftOwl, who grant to you a non-exclusive, royalty-free, revocable license whilst you are a User to:

    • use the application pursuant to the Terms;

    • copy and store the application and the material contained in the application in your device's cache memory; and

    • print pages from the application for your own personal and non-commercial use.

ShiftOwl does not grant you any other rights whatsoever in relation to the application or the Services. All other rights are expressly reserved by ShiftOwl.

  1. ShiftOwl retains all rights, title and interest in and to the application and all related Services. Nothing you do on or in relation to the application will transfer any:

    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

    • right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

    • thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7. Privacy

ShiftOwl takes your privacy seriously and any information provided through your use of the application and/or Services are subject to ShiftOwl's Privacy Policy, which is available on the application.

8. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of ShiftOwl. Competitors are not permitted to use or access any information or content on our application. If you breach this provision, ShiftOwl will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

9. Limitation of liability and warranties

  1. You expressly understand and agree that ShiftOwl, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.

  2. ShiftOwl gives no guarantee to you of the continued availability of any particular job advertised in the application and will not be liable to you in any way should the job vacancy be filled at any time prior to the removal of the advertisement from the application.

  3. Whilst Shiftowl uses reasonable endeavours to ensure that jobs advertised through the application are legitimate, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

10. Termination of access to application

  1. ShiftOwl may at any time, terminate the Terms with you if:

    • you have breached any provision of the Terms or intend to breach any provision;

    • ShiftOwl is required to do so by law; or

    • the provision of the Services to you by ShiftOwl is, in the opinion of ShiftOwl, no longer commercially viable.

  2. Subject to local applicable laws, ShiftOwl reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ShiftOwl's name or reputation or violates the rights of those of another party.

  3. If you want to terminate the Terms, you may do so at any time by closing your Account.

11. Indemnity

  1. You agree to indemnify ShiftOwl, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the application or the Services;

    • any direct or indirect consequences of you accessing, using or transacting on the application or attempts to do so; and/or

    • any breach of the Terms.

12. Dispute Resolution
  1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  1. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  1. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;

  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

  • The mediation will be held in Perth, Western Australia, Australia.

  1. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

  1. Termination of Mediation:

If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by ShiftOwl is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

14. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.