Last updated: Thursday 03 June 2022

These Terms and Conditions (Terms) govern the access or use by you from within the United States of applications, websites, content, products, and services (Service) made available by Shift Lineup Pty Ltd (Urhere).

By using or receiving any Services, including using any websites provided as part of the Services, and downloading, installing or using any associated software or applications supplied by Urhere to enable you to use the Service (Software), you expressly acknowledge and agree to be bound by the Terms and our Privacy Policy, and any future amendments and additions to these Terms or our Privacy Policy as published from time to time at this location or through the Service or Software.

Urhere reserves the right to modify these Terms or its policies relating to the Service or Software at any time, effective upon posting of an updated version of these Terms at this location or on the Service or Software. You are responsible for regularly reviewing these Terms. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.

The Services

The Services constitute a technology platform that enables users of Urhere’s Service and/or Software to manage attendance, rosters and timesheets under agreement with Urhere or any of its affiliates (Third Party Providers).

You acknowledge that Urhere does not provide the management of attendance, rosters or timesheets, but helps users to handle them at scale with the use of Urhere’s service and/or Software.

Unless otherwise agreed by Urhere in a separate written agreement with you, the Service is made available solely for your personal, non-commercial use.

Grant of Licence

Subject to these Terms, Urhere hereby grants you a non-exclusive, non-transferable and revocable right to use the Software and Service, solely for your own personal, non-commercial purposes.

All rights not expressly granted to you are reserved by Urhere and its licensors.
Monthly Subscription

Upon completion of your Software Trial Period, you must begin a subscription with Urhere. The subscription is a prepaid service, and you will be charged automatically on your billing date (or closest available date) until which time you cancel your subscription.
Payment failure may incur suspension of access and or deletion of your account with Urhere.
Subject to these Terms, Urhere reserves the right to cancel your subscription without warning and suspend your access to the Software and Service.

License Use and Restrictions

In order to use most aspects of the Service and Software, you must register .
Registration requires you to submit to Urhere certain personal information, such as your name, and mobile phone number.

You agree to maintain accurate, complete, and up-to-date information in your registration. Your failure to maintain accurate, complete, and up-to-date registration information, may result in your inability to access and use the Service or Urhere’s termination of these Terms with you. You are responsible for all activity that occurs under your registration.

By using the Software or the Services, you agree that you will:

• only use the Service or Software for lawful purposes;
• not use the Service or Software to cause nuisance, annoyance or inconvenience;
• not impair the proper operation of the network;
• not try to harm the Service or Software in any way whatsoever;
• not copy, or distribute the Software or other content without the written permission of Urhere;
• only access the Services using authorized means

You must not:

• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
• modify or make derivative works based upon the Service or the Software;
• reverse engineer or access the Software in order to:
  a. build a competitive product or service;
  b. build a product using similar ideas, features, functions or graphics of the Service or Software, or
  c. copy any ideas, features, functions or graphics of the Service or Software;
• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software;
• send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• provide User Content (as defined below) that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Urhere in its sole discretion, whether or not such material may be protected by law;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• Interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
• attempt to gain unauthorized access to the Software or Service or its related systems or networks;

When using the Software or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Software or Service.

It is your responsibility to check to ensure you download the correct Software for your device. Urhere is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. Urhere reserves the right to terminate these Terms if you use the Service or Software with an incompatible or unauthorised device.

You will provide us with whatever proof of identity we may reasonably request.
By creating an Account, you agree that the Service may send you text messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text messages from Urhere at any time by sending an email to info@shiftlineup.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services.

Intellectual Property Ownership

You acknowledge and agree that Urhere owns all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service.

You acknowledge and agree that these Terms do not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Urhere. Urhere’s name, Urhere’s logo, and the product names associated with the Software and Service are trade marks of Urhere, and no right or license is granted to use them.

Your content
Any User Content provided by you remains your property. However, subject to the limitations in our privacy policy.

Urhere may, but shall not be obligated to, review, monitor, or remove User Content, at Urhere’s sole discretion and at any time and for any reason, without notice to you.
User automatically accept to be monitored by Urhere’s software when it’s services are opened and running on the user devices.

Third Party Dealings

Urhere does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall Urhere or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
Urhere provides the Software and Service to you pursuant to these Terms. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Urhere disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Urhere may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis.

You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

Representations and Warranties

By using the Software or Service, you expressly represent and warrant that:
you are legally entitled to enter these Terms;
you have the right, authority and capacity to enter into these Terms and to abide by these Terms;
you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Urhere the license to the User Content referred to above; and
neither the User Content nor your submission, uploading, publishing of, or otherwise making available, such User Content nor Urhere’s use of the User Content as permitted under these Terms will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Indemnity

By entering into these Terms and using the Software or Service, you hereby indemnify and agree to hold Urhere its officers, directors, employees and agents harmless from and against any and all claims, demands, damages, losses, liabilities and expenses (including solicitor’s fees and costs) arising out of or in connection with:
your use of the Services or services or goods obtained through your use of the Services;
your violation or breach of any term of these Terms or any applicable law or regulation;
your violation of any rights of any third party, including Third Party Providers arranged via the Service or Software;
Urhere’s use of your content; or
your use or misuse of the Software or Service.

Disclaimers

The Service and Software is provided to you strictly on an “as is” and “as available” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or infringement, are excluded to the maximum extent permitted by applicable law by Urhere.

Urhere makes no representation, warranty, or guarantee as to the accuracy, completeness, reliability, safety, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.

You agree that the entire risk arising out of your use of the Software and Service, and any third party services or products remains solely with you, to the maximum extent permitted by law.

Urhere’s Service and Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Urhere is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Software and any updates to them. Urhere does not guarantee that the Service, or any portion of the Service, will function on any particular hardware or devices.

The disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Limitation of Liability

In no event will Urhere be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, property damage, loss of data, loss of revenue, loss of profits, loss of use or loss of any other economic advantage related to, in connection with, or otherwise resulting from any use of the Services), even if Urhere has been advised of the possibility of such damages.
Urhere will not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service or Software, including but not limited to the use or inability to use the Service or Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider even if Urhere has been previously advised of the possibility of such damages.

Notice

Urhere may give notice by means of a general notice on the Service, or SMS to your registration.

You may give notice to Urhere by written communication to Urhere’s address at: Urhere Pty Ltd, Suite 18, 2-6 Chaplin Drive, LANE COVE WEST, NSW 2066 addressed to the attention of: Chief Executive Officer.

Assignment

These Terms may not be assigned by you without the prior written approval of Urhere but may be assigned without your consent by Urhere to a parent or subsidiary, an acquirer of assets or a successor by merger.

General

These Terms shall be governed by and construed in accordance with the laws in force in Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Sydney NSW, Australia. No joint venture, partnership, employment, or agency relationship exists between you, Urhere or any Third Party Provider as a result of these Terms or use of the Service or Software. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced to the fullest extent under law. The failure of Urhere to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Urhere in writing. These Terms comprise the entire agreement between you and Urhere in relation to their subject matter and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties.

Acceptance and Execution

By clicking “I accept”, downloading our mobile applications, starting a trial to our software or beginning a subscription you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and that you are legally competent to enter into this Agreement with Urhere.