Please read these terms and conditions of use carefully before using this website.
Welcome to our website
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Rostersms’s relationship with you in relation to your use of this website.
By using this website and/or any services provided by Rostersms or it's partners or affiliates, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Rostersms and “You” and “Your” refers to you, the client, website user or person using our website.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Rostersms’s rights and obligations to each other.
Limitations of liability
It is an essential pre-condition to you using our website that you agree and accept that Rostersms is not legally responsible for any loss or damage you might suffer related to your use of the website or the SMS notifications sent by Rostersms, whether from errors or from omissions in our documents or information or from any other use of the website or the SMS notifications sent by Rostersms.
Your use of any information or materials on this website or the SMS notifications sent by Rostersms are entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website or the SMS notifications sent by Rostersms meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Any information supplied by any service procured though this website or any SMS message sent by Rostersms should be confirmed with the original source of the information (for example, by logging into your employer's scheduling website or contacting your employer directly).
Competition & consumer act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Rostersms’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services from this website or our partners or affiliates. Links to other websites may time to time be provided on our website, those links to other websites and information on those websites are for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Rostersms and the owners of those websites. Rostersms takes no responsibility for any of the content found on the linked websites. Rostersms’s website may contain information provided by third parties for which Rostersms accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Copyright, Trademark & restrictions of use
This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website. Rostersms expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Whole Agreement
These terms and conditions represent the whole agreement between you and Rostersms concerning your use and access to Rostersms’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory.
All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of unenforceable terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.
The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions
RosterSMS Services
By using our services, you agree that Rostersms is not to be held liable for any decisions you make based on any of our services and any consequences, as a result, are your own. Under no circumstances can you hold Rostersms liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of products or services used or provided by Rostersms. Rostersms does not provide advice for personal circumstances.
All our information on both the website and in communications does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Rostersms takes no responsibility for your actions, choices or decisions.
Multimedia Communications
By using our website, you acknowledge that any example scenarios showing logos and names of third parties do not have any connection with Rostersms.
We do not recommend, endorse or promote them, nor do they have any affiliation with Rostersms. Rostersms does not make any representation as to the accuracy or suitability of any of the information contained in those examples or sites and does not accept any responsibility or liability for the conduct or content of those examples and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to their content and you therefore use those websites and services at your own risk Rostersms is not responsible for any loss, damage or issues you may have with those examples and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services.
We also cannot confirm that the information on any of those examples are accurate or up-to-date.
Purchase & delivery
Rostersms SMS's are delivered via your mobile phone network provider who has their own Terms & Conditions. We are not responsible for your choice of mobile phone network provider and not responsible for non-delivery of any SMS. However, we may decide, but are not obliged, to resend or recredit an undelivered message at our discretion. Any SMS, once sent from Rostersms is at the customer’s risk.
SMS messages from Rostersms are sent and delivered as a 'best effort' service. Non-delivery whilst rare is not cause for a refund.
Rostersms is not responsible for any charges you may incur by receiving SMS messages on your phone.
Terms of refund
You have 14 days to trial, review and request a refund. Should you wish to return your order, you must notify us within the nominated time. Subscriptions which have had no SMS messages sent will be refunded in full. Rostersms provides a full refund in accordance with the Australian Consumer Protection legislation. Please note that a full refund only applies to subscriptions which have had no SMS messages sent. Once the subscription has started with the first message sent, only future subscription payments can be cancelled.
For more details and a better understanding of the refund requirements, you can review these at: http://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund Rostersms provides a full refund in accordance with the above consumer warranty requirements when your service has not started.
In accordance with the above consumer policy above, we also require a valid reason for return to enable us to have an opportunity to assist or fix your issue wherever possible. Any refunds are made at the discretion of Rostersms and are refunded by the same payment method that you provided payment.
Please note that a refund may take up to 7 business days to be processed by Rostersms - and may take longer to appear on your account statement (as this is dependent on Paypal and your financial service provider and outside of our control).
Jurisdiction
This agreement and this website are subject to the laws of New South Wales and Australia.
If there is a dispute between you and Rostersms that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.