CrewCard App Terms of Use

THESE TERMS OF USE SET OUT THE TERMS AND CONDITIONS UPON WHICH YOU MAY DOWNLOAD AND INSTALL AND/OR OPERATE THE CrewCard App. BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING/INSTALLING/USING THE  CrewCard App, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE CrewCard 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  CrewCard App AND DELETE IT FROM ALL OF YOUR ELECTRONIC DEVICES.

These CrewCard App Terms of Use (“Terms of Use”) are a binding agreement between you (the person who accesses and/or downloads and/or installs the CrewCard App) (“you” and “your”) and  Personnel Manager Pty Ltd Trading As CrewCard ABN 79608735888 of Suite 1/ 736 Pacific Highway Sutherland NSW 2232 (referred to herein as “we”, “our” and “us”), and not with Google Inc. (“Google”) or Apple Inc. (“Apple”).These Terms of Use govern your use of each version of the CrewCard App that you download or install or use and all related documentation that we publish about the CrewCard App. The CrewCard App is licensed and not sold to you. As the CrewCard App incorporates Third Party software provider tools, your use of the CrewCard 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 https://www.crewcard.co/privacy-policy/ and any other terms and conditions set out on our Website.

Staff Member location tracking functionality is activated in the CrewCard App by default. All Staff Members must operate and consent to the operation of the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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.
• CrewCard App: The CrewCard App and the CrewCard App Services and any source code and object code in the CrewCard App.
• CrewCard App Account: Your account on the CrewCard App that is generated when you or your employer Partner registers you to become a Staff User on the CrewCard App.
• CrewCard App Services: The features and functionality of the CrewCard App as described in the CrewCard 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 https://www.crewcard.co/privacy-policy/
• Registered User: A Staff User, Admin User, or other user of the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App

The CrewCard App can be used by Staff Members who have registered on the CrewCard App as a Staff User and/or Admin User. The CrewCard 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 CrewCard App is highly dependent on the proper function of the Internet, the internet enabled device on which the CrewCard App is installed, and any other telecommunications networks and infrastructure upon which the CrewCard 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 CrewCard 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 CrewCard App may be sent to us by email to support@personnelmanager.com.au.

Overview of CrewCard App Functionality

The features of the CrewCard App presently include (among other things):

• account registration functionality that permits registration of ‘Admin User’ or ‘Staff User’ accounts on the CrewCard 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 CrewCard 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 CrewCard App is described on our website at https://www.crewcard.co/ (the “CrewCard App Services Description”). We reserve the right to withdraw and/or modify any features and functionality of the CrewCard App, at any time and in our absolute discretion.

Registration

Certain sections of the CrewCard App are accessible to Registered Users only. Unregistered users of the CrewCard App may not use the CrewCard  App Services. Only users who have registered on the CrewCard App and/or who have a CrewCard App Account may access the CrewCard 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 CrewCard App in our absolute discretion.

If you submit an application to register on the CrewCard 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 CrewCard App Account with your updated details and information.

You must not provide your CrewCard App Account name or the password for your CrewCard 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 CrewCard 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 CrewCard App Account and/or unauthorised disclosure of your and/or another Registered User’s CrewCard 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 CrewCard App Services (including location data that is automatically sent to the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App Services.

If you are a Registered User, you acknowledge that your access to your Registered User Data that is hosted by the CrewCard 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 CrewCard 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 CrewCard App. In some cases, the CrewCard 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 CrewCard App Accounts

If a person is appointed by the Partner as an Admin User, that Admin User will, following their registration on the CrewCard App, have the ability to view the account details (including passwords and login credentials) of Staff Users of the CrewCard App. An Admin User is the only Registered User who can change a Registered User’s password on the CrewCard App.

Staff Member GPS Functionality and Admin User password acknowledgment

Staff Member location tracking functionality is activated in the CrewCard Staff App by default. All Staff Members must operate and consent to the operation of the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App Account must be actioned by the Partner’s Admin Users.

Managers

Managers are employees appointed by a Partner to manage Staff via the CrewCard App and to edit/approve Shifts worked by Staff via a Management User account on a separate smartphone application called the CrewCard Client App.

By assigning a Management User CrewCard 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 CrewCard 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 CrewCard App. Any changes to a Management User CrewCard App Account may only be actioned by the Partner’s Admin User.

Third Party Tools

If you use the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App and/or interfacing and/or integration of the CrewCard 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 CrewCard App in accordance with these Terms of Use (see Your Licence to download, install and use the CrewCard 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 CrewCard App. We do not provide any labour services and/or labour hire services via the CrewCard App.

Responsibilities

You are solely responsible for your CrewCard 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 CrewCard App Account details by any third party or any unauthorised access or use of your CrewCard App Account by any Registered User.

Each Registered User of the CrewCard 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 CrewCard App and the performance of any services managed through the CrewCard 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 CrewCard App and in any modification, updates, upgrades, enhancements, versions and improvements thereto.

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

You have no rights in the CrewCard 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 CrewCard App or requests for new CrewCard App features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App.

You and us each acknowledge that, as between you and us, in the event of any third party claim that the CrewCard App or your possession and/or use of the CrewCard 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 CrewCard 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 CrewCard App.

Your Licence to download, install and use the CrewCard 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 CrewCard App only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the CrewCard App (“Licence”), subject to your compliance with these Terms of Use.

You may not make any use of the CrewCard 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 CrewCard App. Without limiting the foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the CrewCard App or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the CrewCard App or any content you obtain via the CrewCard 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 CrewCard App and/or any content in the CrewCard 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 CrewCard 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 CrewCard App.

You must not use the CrewCard 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 CrewCard App

The Licence and your right to access the CrewCard 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 CrewCard App.

We may terminate these Terms of Use and the Licence and/or your access to the CrewCard 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 CrewCard App or any computer server or website required for the intended operation of the CrewCard 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 CrewCard App via whatever technical means we choose to employ;

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

(c)   you must delete all copies of the CrewCard 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 CrewCard App

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

While you are a Registered User, we agree to use our best endeavours to procure hosting of the CrewCard App and to ensure that the CrewCard App is available. The availability of the CrewCard 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 https://www.crewcard.co/ and any planned and unplanned maintenance of the CrewCard App and/or our hosting providers. You agree and acknowledge that the accessibility and use of the CrewCard App is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the CrewCard App operates, interfaces with or connects to, and that we are not responsible for any non-performance of the CrewCard App associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the CrewCard 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 CrewCard App.

We may from time to time release patches, updates, workarounds and/or corrections for any CrewCard App faults, bugs or errors. We may also release versions or upgrades of the CrewCard 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 CrewCard 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 CrewCard 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 https://www.crewcard.co/privacy-policy/. Your use of the CrewCard App constitutes acceptance of our Privacy Policy.

Maintenance and support

If we agree to provide maintenance and support services to users of the CrewCard App, we will publish details of our maintenance and support services on our website at https://www.crewcard.co and you agree and acknowledge that we may access all or any CrewCard 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 CrewCard 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://www.crewcard.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 CrewCard 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 CrewCard App, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.

In the event of any failure of the CrewCard App to conform to any applicable warranty and where the warranty relates to your use of a version of the CrewCard App downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for the CrewCard 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 CrewCard App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the CrewCard 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 CrewCard App or your or their possession and/or operation of the CrewCard App, including, but not limited to: (i) product liability claims made in respect of the CrewCard App; (ii) any claim that the CrewCard 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 CrewCard 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 CrewCard App that is entered into or uploaded into the CrewCard App by you or any other person and the person who enters the content into or uploads the content into the CrewCard 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 CrewCard App. If you believe that another user of our CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App. We are not a party to any transaction for the supply of goods or services advertised by any Registered User of the CrewCard App. Before entering into any transaction with any other Registered Users of the CrewCard 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 CrewCard 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 CrewCard App is solely the responsibility of the person who entered or uploaded the content into the CrewCard App. You agree and accept to use the CrewCard 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 CrewCard App by any person.

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

Acceptable Use Policy

You agree that:

• using the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App and/or Registered User Data to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
• using the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App is strictly prohibited by these Terms of Use;
• sending unsolicited email messages through or to other users of the CrewCard App in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
• using the CrewCard 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 CrewCard 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 CrewCard 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 CrewCard App is accurate, correct, up-to-date or error free. The information and content on the CrewCard 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 CrewCard App, before relying on any information you obtain from the CrewCard 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 CrewCard App.

The goods and services that we supply to any users of the CrewCard 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 CrewCard 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 CrewCard App, we may immediately terminate these Terms of Use and your access to the CrewCard 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 https://www.crewcard.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 CrewCard App from time to time.

General

The CrewCard 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 CrewCard App, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the CrewCard 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 CrewCard 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 CrewCard App at any time, you may unsubscribe and terminate your CrewCard 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 CrewCard App Account (“Amendment Notice”). Your continued use of the CrewCard 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 CrewCard 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 CrewCard App Account.

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