Terms and Conditions

1. Introduction

Welcome to Shift ("we", "our", "us", "Shift"). These Terms and Conditions ("Terms") govern your use of our services, including our website and software applications (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Definitions

Account: The user account created to access our Services.
Content: Any data, text, images, videos, and other materials uploaded or submitted by users through our Services.
Portal: The software applications, website, and related services provided by Shift.
Subscription Plan: The terms and payment structure for using our Services, which may include different levels of access or features.
User: Any individual or entity that accesses or uses our Services.
User Content: Any content that users upload, submit, or otherwise make available through our Services.
Client: A company account utilising Shift to manage compliance across their organisation.
Subcontractor: A company invited by a Client to submit information through Shift to provide compliance information to a Client.

3. Acceptance of Terms

By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services.

4. Changes to Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the updated Terms on our website and indicating the effective date. Your continued use of our Services after such changes will constitute your acceptance of the new Terms.

5. Use of Services

Eligibility: You must be at least 18 years old to use our Services.
Account Registration: You may need to create an account to access certain features of our Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Prohibited Uses: You agree not to use our Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair our Services.
Changes: Changes are periodically added to the information included in or available through the Portal. Shift and/or its suppliers may make improvements and/or changes in the Portal at any time.
Subcontractors: Agree to share information uploaded into the Portal with Shift and Clients. Basic information including company name and basic profile information may be shared with other Clients to allow connections to be made between Clients and Subcontractors.

6. Subscription and Fees

Subscription Plans: Our Services may be offered on a subscription basis. Details of subscription plans, including fees and billing cycles, are provided at the time of subscription.
Payment: You agree to pay all fees associated with your subscription in accordance with the terms of your selected plan. All fees are non-refundable except as required by law.
Payment Terms: Unless otherwise specified, you must pay all undisputed fees within 14 days of our invoice. All Fees paid by you are non-refundable, except as required by law. If you fail to pay undisputed Fees by the required time, we may: (a) suspend your access to the relevant Services; and (b) engage a third party collection agency to recover the outstanding fees.
Disputes: If you dispute an invoice, then you must notify us within 7 days of receiving the invoice. You must pay the undisputed portion of the invoice by the relevant due date, and the remaining portion (if any) promptly after you and us have resolved any dispute in respect of the fees (and in any event within 7 days of such resolution).
Taxes: Unless otherwise specified, the fees do not include GST and other taxes.
Billing Information: You must provide accurate and complete billing information. For online subscriptions, you authorise us to automatically charge your payment method for all fees due upon renewal of the Subscription Plan.

7. Intellectual Property

Ownership: We retain all rights, title, and interest in and to our Services, including all intellectual property rights. Your use of our Services does not grant you any ownership rights.
License: We grant you a limited, non-exclusive, non-transferable license to use our Services for your internal business purposes, subject to these Terms.

8. User Content

Responsibility: You are solely responsible for any content you upload or submit through our Services ("User Content"). You must ensure that your User Content does not violate any applicable laws or infringe any third-party rights.
License to Us: By uploading or submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content as necessary to provide our Services. Your User Content may be shared with other users of the platform in accordance with the Privacy Policy and the functionality of the Services.
Data Accuracy: You must not upload or submit any information to the Portal where you know, or ought to be aware, that the information is incorrect, untrue, misleading, or materially incomplete.
Access and Use: By using the Portal, you expressly consent to Shift accessing and using any personal information and data that you upload to the Portal.
Verification by Shift: Shift relies on accurate information being provided by users to undertake verification. Shift will verify Public Liability and Vehicle Insurance certificates of currency by ensuring only that; the certificate is genuine in appearance to a reasonable person, the company names match the registered company details, insured amounts and expiry dates match those provided with the submission. Shift does not validate with insurers that the insurance has not been cancelled/amended since the certificate has been issued. Drivers licenses will be verified by ensuring that the license is genuine in appearance to a reasonable person, that the drivers license number, expiry date and name match the details that have been provided in the submission. Shift does not validate that the license is valid and current with licensing authorities. Shift may use a combination of AI and or human resources to perform verifications.
Errors: User Content may contain inaccuracies or typographical errors. If in doubt you should seek to confirm the accuracy of information in the portal with the user who has provided it.

9. Data Privacy

Privacy Policy: Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Data Extraction

Access to Data: You retain ownership of all data you upload or submit to our Services. You have the right to access and extract your data at any time during the term of your subscription.
Assistance with Data Extraction: If you need assistance with data extraction, please contact our support team.
Data Retention and Deletion: Upon termination of your subscription, you may request access for the purpose of extracting your data. We will retain your data for a reasonable period to allow for this extraction, after which the data may be permanently deleted from our servers, except where we are required to retain it by law.

11. Liability and Indemnity

Information and Data: The information, software, products, and services included in or available through the Portal include information and data uploaded into the Portal by clients and other users. We do not verify the accuracy of that information and data. Accordingly, it may include inaccuracies or typographical errors.
Indemnity: To the fullest extent permitted by law, you indemnify us for any liability, cost, loss, or damage arising out of or in connection with your failure to notify and obtain the consent of any party in relation to the access to or use of their data in the Portal. You warrant that you have notified the relevant party that their data will be uploaded to the Portal and that Shift will have access to the data.

12. Disclaimers

No Warranties: Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or free from viruses or other harmful components.
Limitation of Liability: To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Services. Advice received via the Portal should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Information: Information received via the Portal should not be relied upon for personal, medical, legal, regulatory, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

13. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of our Services or your violation of these Terms.

14. Termination

Termination by You: You may terminate your account with 60 days notice at any time by contacting us at support@shiftapp.pro.
Termination by Us: We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Following termination, you will retain access to the system for the remainder of your subscription period.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or related to these Terms or our Services will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Shift
Exchange Tower, Level 1,
530 Little Collins St,
Melbourne VIC 3000
Email: support@shiftapp.pro

Effective Date: 01/07/2024