“Services” means the Services listed in Schedule 1

“Authorised users” are those who have subscribed to our services by paying the monthly service fee.

“Liability” means any liability, loss, damage, outgoing, cost and expense of whatever description.

Please read the following terms and conditions relating to access of workwhen.com and services provided by Workwhen. By accessing and using workwhen.com, the customer acknowledges that he or she has read, understood and agrees to be bound by the terms and conditions.

Terms of Access

The Website is available for you to:

1. Access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to the terms and conditions set out below and any further or revised terms and conditions published from time to time on the website.

1 Description of Service

Continuity of service shall be maintained by monthly payments of the selected package made to Workwhen one month in advance.

2 Method of Payment

Workwhen utilises the services of Paypal to obtain payments from you. The PayPal service is provided by PayPal Australia Pty Limited (ABN 93 111 195 389) which holds an Australian Financial Services Licence, number 304962.

All prices for Australian customers are quoted are in Australian Dollars. GST is included in sales to Australian customers. All other prices are quotes in U.S Dollars.

3 Responsibilities of Workwhen

Subject to section 8 and 9 of this contract

1. Upon the receipt of your uploaded schedule or relevant information, Workwhen will distribute shifts within 24 to 60 hours.
2. You will be able to access their customer account
3. The quality of service provided to you are dependant on the accuracy of the information you supply us

4 Responsibilities of the customer

1. During the continuance of this agreement you will:

1. Provide Workwhen with accurate information
2. Not use the services for unlawful purposes
3. Observe all the terms of this contract

6. Copyright/Trademark information

1. The copyright © to the entire content of this website is held by workwhen.com.

The copyright © to the content of all SMS, emails, and faxes sent to all customers accounts is held by workwhen.com. You will not reproduce, republish, broadcast or otherwise distribute information from the website without the prior written permission of workwhen.com.

Except for the limited use set out in subsection 2 you may not use the Website, or the material contained on it, for any purpose. This involves:

1. the reproduction of the material in any material form;
2. the distribution of the material in any material form;
3. re-transmission of the material by any medium of communication;
4. uploading and/or reposting the material to any other site on the WWW;
5. “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:

1. the layout of the Website; and
2. any computer software and code contained in the Website.

The Workwhen reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

1. re-sold and/or re-distributed in any material form;
2. stored in any storage media; and/or
3. re-transmitted in any media,

without the prior written consent of Workwhen.

The workwhen trade mark and logo are trade marks of workwhen.com. All other trade marks are the property of their respective owners, who are not associated with workwhen.com. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

7. Privacy

1. Workwhen and/or people authorised by it may gather and process the information:

1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.

2. To the full extent permitted by law Workwhen may authorise others to offer you goods and services using the information acquired through (a) and (b) above.

3. We will use personal information collected about you for the purposes of:

1. providing access to and use of the Online Services to Authorised Users,
2. providing customer support, billing and other similar activities related to the Online Services, and
3. keeping Authorised Users informed about products, services, offers and upcoming events and to improve our services.

4. Workwhen is not liable for the accidental release of private information to unknown parties.

8. Disclaimer

1. To the full extent permitted by law Workwhen disclaims any and all warranties, express or implied, regarding:

1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

2. Workwhen will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of:

1. acting, or failing to act, on any service or product provided by Workwhen.
2. using or acquiring, or your inability to use or acquire, any service product or information provided by Workwhen.

3. Workwhen.com contains information obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. Workwhen makes no warranty, express or implied, concerning the suitability, completeness, quality or exactness of the information provided to you.

4. Workwhen does not have any liability to you, or any other third party, for the accuracy of the information contained in this Web Site, or for any errors or omissions therein, nor will Workwhen have any liability for the use, interpretation or implementation of the information or models contained herein by any person.

5. Workwhen is not liable to you, or any third party's, claims or losses of any nature resulting from using the services provided by Workwhen including, but not limited to, lost profits, punitive, consequential, special, incidental, indirect or similar damages even if advised of the possibility of such damages and whether or not such claims or losses are caused by, or can be attributed to, the negligence of Workwhen or any of its providers of information.

6. Workwhen does not warrant guarantee or make any representation that:

1. the Website, or the server that makes the site available on the WWW are free of software viruses;
2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
3. errors and defects in the Website will be corrected.

7. Workwhen is not liable to you for:

4. errors or omissions in the Website, or linked sites on the WWW;
5. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
6. defamatory, offensive or illegal conduct of any user of the Website,
7. whether caused through negligence of Workwhen, its employees or independent contractors, or through any other cause.

8. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

9. You fully indemnify Workwhen and its officers, employees and agents in respect of any loss, damage, cost or expense which they may sustain or incur in connection with your use of our services.

10. You are entirely responsible for the accuracy and timeliness of the information you provide us such as the information on staff contact details and schedules.

9. Limitation of Liability

1. The parties exclude, to the maximum extent allowed by law, all terms and warranties

expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in connection with Workwhen’s obligations under this agreement.

2. If any legislation implies in this agreement any term or warranty and also prohibits provisions in a contract excluding or modifying the application of or liability under that term or warranty:

(a) that term or warranty is included in this agreement to the minimum extent required; and

(b) to the maximum extent permitted by law, the liability of Workwhen for a breach of that term or warranty is limited at our option to the cost of resupplying the Service.

10. Termination of Agreement

1. Cancellation of this agreement may be initiated by you through written notice to the other party at least 30 days prior to the cancellation. Upon receipt of the notice, services will be discontinued from the subsequent month.

2. Workwhen.com may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Workwhen has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

3. We may suspend or discontinue providing services to you without notice and pursue any other remedy legally available to us if you fail to comply with any of your obligations under these General Terms and Conditions or engage in any unlawful conduct.

4. Termination of this agreement does not affect any accrued rights or remedies of either party.

11. Relevant jurisdiction

1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

2. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.

3. You agree to the jurisdiction of the courts of New South Wales in Australia to determine any dispute arising out of this Agreement.

4. You will comply with the laws applicable in your place of residence and in Australia.

12. Marketing/Promotions

1. Upon the giving of express consent allowing Workwhen to send you commercial communications, Workwhen will keep a record of the consent as sufficient evidence that the consent has been obtained.

13. Assignability

1. This contract is not assignable to any other party without the express written approval of Workwhen.

1. No part of the services described in this contract may be subcontracted without the approval of Workwhen
2. It is agreed that under emergency circumstances Workwhen may temporarily subcontract any portion of the service if it is deemed necessary to avoid a service interruption. Authorised users shall be notified, in advance if possible, each time this provision is invoked.