Terms & Conditions
The terms and conditions which govern your use of the ShiftCare staff rostering software and related services made available through our website, mobile applications, and platform are set out below.
The ShiftCare App is provided by ShiftCare Pty Ltd ABN 88 611 756 711, referred to in these Terms and Conditions as ShiftCare, we, us and our.
These Terms and Conditions apply to users of the ShiftCare App, referred to as you and your, pursuant to a commercial arrangement between ShiftCare and the company, organisation, provider, business, or account owner that has given you access to the ShiftCare App, referred to as the Company.
How do you agree to these Terms and Conditions?
In order to use the ShiftCare App, you must become a user by completing the registration process or otherwise accessing the ShiftCare App.
By registering for, accessing, or using the ShiftCare App, you agree to comply with these Terms and Conditions.
It is important that you read and understand these Terms and Conditions. If you do not agree to comply with these Terms and Conditions, you must not access or use the ShiftCare App.
If you agree to comply with these Terms and Conditions, you agree that nothing in these Terms and Conditions is to be construed as constituting a partnership, joint venture, employment, contractor, fiduciary, or agency relationship between you and ShiftCare, or between you and any other user. We cannot bind each other in any way.
What are your responsibilities?
You promise that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.
You cannot transfer your registration, account, login, or access rights to another user.
You are solely responsible for maintaining the security of your account and for any use of the ShiftCare App that occurs in conjunction with your username, password, authentication method, or account credentials.
You must keep your password and authentication credentials secure and must not let any other person use your username, password, authentication credentials, or account access. If you become aware of any unauthorised use of your account, password, authentication credentials, or any breach of security, you must notify us immediately.
You must comply with any acceptable use, security, privacy, AI, data usage, or other policy published by ShiftCare in connection with the ShiftCare App.
You must not:
- attempt to gain unauthorised access to computer systems, networks, accounts, data, or content through the ShiftCare App;\
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- interrupt, interfere with, disrupt, or attempt to negatively impact or alter the operation, security, availability, or integrity of the ShiftCare App in any way;
- use the ShiftCare App or any of the materials made available through the ShiftCare App in a way that violates applicable laws, infringes the intellectual property, privacy, confidentiality, or other rights of ShiftCare or others, or is fraudulent, obscene, unprofessional, offensive, misleading, harmful, or defamatory;
- upload, transmit, or introduce viruses, malware, harmful code, or other malicious material to the ShiftCare App;
- attempt to reverse engineer, decompile, disassemble, scrape, copy, or otherwise misuse the ShiftCare App, except to the extent expressly permitted by law;
- use the ShiftCare App to access, collect, process, disclose, or use personal information or health information unless you are authorised to do so by the Company and applicable law; or
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, sell, or resell any information, content, software, data, or materials obtained from or made available through the ShiftCare App, other than in accordance with these Terms and Conditions.
What are our responsibilities?
We are responsible for providing the ShiftCare App with reasonable skill and care.
We will use reasonable endeavours to ensure the ShiftCare App is available, but we do not guarantee that the ShiftCare App will be uninterrupted, error-free, or available at all times.
We are not responsible if you are unable to access the ShiftCare App as a result of:
- planned, preventative, emergency, or remedial maintenance;
- interruptions to internet, hosting, telecommunications, software, third-party systems, or infrastructure outside our reasonable control;
- a failure by you, the Company, or a third-party provider to maintain required systems, integrations, permissions, accounts, or credentials;
- security, legal, operational, or compliance reasons requiring us to suspend access; or
- circumstances beyond our reasonable control.
Refund Policy
We do not offer refunds for any payments made.
The Company may cancel its subscription in accordance with the applicable commercial arrangement, subscription terms, or billing settings. No further charges will apply for subsequent billing periods after cancellation takes effect.
The Company remains responsible for all fees and charges incurred during the current billing period, whether on a monthly or annual plan.
Upon cancellation, access to the account and services will continue until the end of the current paid billing period, unless access is suspended or terminated earlier in accordance with these Terms and Conditions or the applicable commercial arrangement.
Any outstanding SMS, usage-based, overage, or other incurred charges will be due and payable immediately upon cancellation of the account.
Hyperlinks
The ShiftCare App may from time to time contain links to other websites or third-party services. These are provided for convenience only.
We have no control over, and are not responsible for, anything on those websites or third-party services.
Any link to another website or third-party service does not imply our endorsement, support, approval, or sponsorship of the operator of that website or service, or of the information, products, or services they provide.
Who owns the content on the ShiftCare App?
We own, or are the licensee of, all content, materials, software, design, compilation, layout, look and feel, trademarks, logos, copyright, designs, and other intellectual property appearing on or made available through the ShiftCare App, except for customer data, user content, or third-party materials that are owned by the Company, users, or third parties.
Customer data entered into the ShiftCare App remains owned by the Company or the relevant rights holder, subject to the rights granted to ShiftCare to host, process, transmit, secure, support, and otherwise use that data for the purpose of providing, maintaining, securing, and improving the ShiftCare App.
You must not use ShiftCare’s intellectual property without our prior written permission, except as required to use the ShiftCare App in accordance with these Terms and Conditions.
If you believe that any content on the ShiftCare App violates these Terms and Conditions or the intellectual property rights of any person, please notify us as soon as possible by sending an email to support@shiftcare.com.
How will your information be handled?
When you become a user of ShiftCare, you may provide us with personal information. We are committed to safeguarding the data entrusted to us and use appropriate technical, organisational, and contractual measures to protect that information.
Our Privacy Policy explains how we collect, use, store, disclose, and protect personal information. The Privacy Policy forms part of these Terms and Conditions.
For Australian customers, ShiftCare stores care-related customer data in Australia. This includes health records, care plans, client profiles, support notes, progress notes, incident records, documents, and other client or care recipient information entered into the ShiftCare App.
Some operational user identity data may be processed by trusted service providers outside Australia where this is necessary to provide authentication, login, single sign-on, identity management, security, or account access functionality.
Operational user identity data may include user IDs, names, business email addresses, authentication metadata, and related account access information.
Operational user identity data does not include care recipient health records, care plans, client profiles, support notes, progress notes, incident records, clinical metadata, or other care-related customer records.
We require our contractors, service providers, and sub-processors to handle personal information only as required to provide, support, secure, and improve the ShiftCare App, and to maintain appropriate confidentiality, privacy, and security safeguards.
If you access confidential information about ShiftCare, the Company, another user, a client, a care recipient, or any other person through the ShiftCare App, you agree to keep that information confidential and only use it for authorised purposes.
Data processing and sub-processors
To provide the ShiftCare App, we may engage third-party service providers to process limited categories of personal information on our behalf. These service providers are referred to as sub-processors.
Our sub-processors may only process personal information for the purposes of providing services to ShiftCare and are subject to contractual obligations relating to confidentiality, privacy, security, and data protection.
For authentication and identity management, ShiftCare uses WorkOS as a sub-processor. WorkOS provides authentication and identity management services, including login, single sign-on, user management, account access, and related security functionality.
The categories of personal information processed by WorkOS are limited to operational user identity data, such as user IDs, names, business email addresses, authentication metadata, and related account access information.
WorkOS does not process care recipient health records, care plans, client profiles, support notes, progress notes, incident records, clinical metadata, or other care-related customer records for ShiftCare.
WorkOS may process operational user identity data in the United States.
ShiftCare uses appropriate contractual, privacy, confidentiality, and security safeguards with WorkOS, including a data processing agreement and applicable cross-border transfer mechanisms where required.
For UK customers, where operational user identity data is transferred outside the United Kingdom, ShiftCare will rely on appropriate transfer safeguards, which may include the UK International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, or another lawful transfer mechanism.
For Canadian customers, where operational user identity data is processed outside Canada, ShiftCare will disclose this processing and use appropriate contractual safeguards with the relevant service provider.
ShiftCare may update its sub-processors from time to time. Where required, ShiftCare will provide notice of material changes to sub-processors through its Privacy Policy, a maintained sub-processor list, the applicable data processing agreement, or another appropriate customer notice mechanism.
Overseas processing of operational user identity data
ShiftCare may disclose or make available limited operational user identity data to overseas service providers where this is necessary to provide secure authentication, login, single sign-on, identity management, account access, security, or related platform functionality.
This data may include user IDs, names, business email addresses, authentication metadata, and related account access information.
The countries in which these service providers may be located include the United States.
ShiftCare does not disclose care recipient health records, care plans, client profiles, support notes, progress notes, incident records, clinical metadata, or other care-related customer records to WorkOS for authentication and identity management purposes.
Where ShiftCare uses overseas service providers, it takes reasonable steps to ensure that personal information is handled consistently with applicable privacy and data protection obligations, including through appropriate contractual, privacy, confidentiality, and security safeguards.
Operational users and care recipient data
The authentication and identity management arrangements described in these Terms and Conditions apply to operational users of the ShiftCare App, including account owners, administrators, staff, workers, and other authorised users.
These arrangements do not require any change to patient-facing, care recipient-facing, family member-facing, or support worker-facing terms where those users are not separately contracting with ShiftCare.
Authentication and identity management sub-processors do not process care recipient health records, care plans, client profiles, support notes, progress notes, incident records, clinical metadata, or other care-related customer records for ShiftCare.
Do we monitor your use of the ShiftCare App?
We reserve the right to monitor your use of the ShiftCare App for the purpose of making sure that the ShiftCare App is functioning as intended, maintaining security, preventing misuse, supporting users, investigating issues, improving the ShiftCare App, and confirming compliance with these Terms and Conditions.
Monitoring may include system logs, account activity, audit trails, usage events, support interactions, security events, and other operational information generated through use of the ShiftCare App.
Where monitoring information includes personal information, it will be handled in accordance with our Privacy Policy.
Audit logs or monitoring records that reference client context, care records, clinical activity, or care-related customer data should be retained in regional systems or log environments appropriate to the relevant customer region, unless otherwise stated in the Privacy Policy, AI Policy, applicable data processing agreement, or agreed with the customer.
AI Features and Data Processing
1. Overview
ShiftCare may offer AI-powered features as part of the ShiftCare App, collectively referred to as AI Features.
These features may include, but are not limited to, automated note classification, Smart Notes suggestions, Smart Match functionality, AI-assisted search, AI-assisted reporting, workflow automation, summarisation, recommendations, and other AI-supported functionality.
Use of AI Features is subject to the additional terms set out in this section, which supplement and form part of these Terms and Conditions.
2. AI & Data Usage Policy
ShiftCare’s AI & Data Usage Policy, available at https://shiftcare.com/ai-data-usage-policy, forms part of these Terms and Conditions and is incorporated by reference.
The AI & Data Usage Policy sets out in further detail:
- how AI Features process, handle, and store data;
- the sub-processors ShiftCare engages in connection with AI Features;
- applicable data flow, encryption, retention, and security arrangements;
- regional data processing arrangements and applicable cross-border transfer safeguards; and
- the legal framework under which AI Features are provided in each jurisdiction in which ShiftCare operates.
By enabling or using any AI Feature, you confirm that you have read and agree to the AI & Data Usage Policy.
In the event of any conflict between the AI & Data Usage Policy and these Terms and Conditions, the AI & Data Usage Policy will take precedence in respect of matters relating specifically to AI data processing.
3. AI Data Controls & Transparency
ShiftCare may provide customers with controls over the use of AI Features.
A description of available controls may be set out on our AI Data Controls & Transparency page, available at https://shiftcare.com/ai-data-controls, or otherwise made available through the ShiftCare App.
These controls may include:
- a master toggle to enable or disable AI Features across an organisation;
- individual feature-level toggles, allowing specific AI capabilities to be enabled or disabled independently;
- model training opt-out controls, where applicable and independent of feature availability;
- access to AI processing logs and audit trails applicable to the account; and
- administrator permissions to manage AI availability and access.
Disabling AI Features through available controls does not affect access to ShiftCare’s core platform functionality, except where a particular workflow, output, automation, or feature is dependent on an AI Feature being enabled.
4. Data Processing for AI Features
In providing AI Features, ShiftCare may act as a data processor or service provider on behalf of the Company, depending on the applicable privacy and data protection laws and the nature of the processing.
Processing is carried out in accordance with the AI & Data Usage Policy and, where applicable, any Data Processing Agreement executed between the Company and ShiftCare.
The following principles apply to AI processing:
- customer data will not be used to train, fine-tune, or otherwise improve third-party AI models without the customer’s explicit consent, unless otherwise stated in the AI & Data Usage Policy and permitted by applicable law;
- AI processing is limited to the AI Features that have been enabled or used;
- AI-generated content should be treated as assistive and should be reviewed by users before being relied on for operational, clinical, compliance, or care-related decisions;
- AI-generated content may be labelled or distinguishable from source data where supported by the relevant feature;
- ShiftCare engages trusted sub-processors who are contractually restricted from using customer data for purposes beyond the delivery, security, support, or improvement of ShiftCare’s services, unless otherwise agreed or permitted by applicable law; and
- ShiftCare applies appropriate technical, organisational, contractual, and security measures to protect data processed by AI Features.
5. Regional Data Processing Arrangements
Data processing for AI Features varies by customer region.
For Australian customers, care-related customer data processed by AI Features is processed in Australia unless otherwise stated in the AI & Data Usage Policy or agreed with the customer.
Care-related customer data includes health records, care plans, client profiles, support notes, progress notes, incident records, documents, and other client or care recipient information entered into the ShiftCare App.
Operational user identity data used for authentication, login, account access, and identity management may be processed by an overseas sub-processor where necessary to provide secure access to the ShiftCare App.
This operational user identity data is limited to information such as user IDs, names, business email addresses, authentication metadata, and related account access information.
The processing of operational user identity data by authentication and identity management sub-processors does not change ShiftCare’s commitment to hosting care-related customer data for Australian customers in Australia.
For customers in the United Kingdom, data may be processed outside the United Kingdom where necessary to provide the ShiftCare App, including in Australia or the United States. Where required, those transfers are protected by appropriate safeguards, which may include an International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, or another lawful transfer mechanism.
For customers in Canada, data may be processed outside Canada, including in the United States or Australia, where this is necessary to provide the ShiftCare App. Cross-border processing will be disclosed and protected by appropriate contractual safeguards.
For customers in the United States, data is processed in secure cloud infrastructure and may be processed by trusted service providers engaged to provide the ShiftCare App.
Full details of regional processing arrangements, applicable sub-processors, data handling, retention, security controls, and transfer mechanisms are set out in the Privacy Policy, AI & Data Usage Policy, and any applicable Data Processing Agreement.
6. Availability and Changes to AI Features
ShiftCare reserves the right to modify, suspend, or discontinue any AI Feature at any time, with reasonable notice where practicable.
ShiftCare will notify customers of any material changes to the AI & Data Usage Policy or to the sub-processors engaged in connection with AI Features, with no less than 30 days’ prior written notice unless a shorter period is required by law, required for security reasons, or necessary to maintain the integrity, availability, or compliance of the ShiftCare App.
Continued use of AI Features following notice of updated terms or policies constitutes acceptance of the updated terms.
Data Processing Agreement
Where required by applicable law, or where agreed between ShiftCare and the Company, a Data Processing Agreement may apply to ShiftCare’s processing of personal information, personal data, health information, or customer data on behalf of the Company.
If a Data Processing Agreement applies, it forms part of the agreement between ShiftCare and the Company.
In the event of any conflict between these Terms and Conditions and an applicable Data Processing Agreement in relation to data processing, privacy, security, sub-processors, or cross-border transfers, the Data Processing Agreement will prevail to the extent of the inconsistency.
The Company is responsible for ensuring that it has all necessary rights, permissions, notices, consents, authorisations, and lawful bases required to provide customer data, personal information, personal data, or health information to ShiftCare for processing through the ShiftCare App.
Integrations and third-party services
The ShiftCare App may allow the Company or users to connect, access, or use third-party services, applications, integrations, payment gateways, accounting platforms, payroll systems, calendars, communication tools, or other external services.
Third-party services are provided by their respective providers and may be subject to separate terms, conditions, privacy policies, security practices, fees, and data processing arrangements.
ShiftCare is not responsible for the acts, omissions, availability, security, performance, data handling, or content of third-party services, except to the extent required by law.
Where the Company or a user enables an integration or third-party service, the Company is responsible for ensuring that it is authorised to transfer, disclose, sync, or otherwise make available relevant data to that third-party service.
Billing and payment
The Company is responsible for paying all fees, charges, subscriptions, usage-based charges, SMS charges, payment processing fees, taxes, and other amounts payable in connection with its use of the ShiftCare App.
Fees, billing cycles, plan inclusions, user numbers, add-ons, and usage-based charges may be set out in the applicable subscription, order form, quote, invoice, pricing page, in-app billing page, or commercial arrangement.
Unless otherwise agreed in writing, fees are payable in advance and are non-refundable.
If payment is not received when due, ShiftCare may suspend or restrict access to the ShiftCare App until all overdue amounts are paid.
The Company remains responsible for any fees, charges, taxes, or other amounts incurred before suspension, cancellation, or termination.
How can these terms and conditions be terminated?
Your right to use the ShiftCare App will continue until it is terminated by the Company or by ShiftCare.
We may terminate or suspend your right to use the ShiftCare App if the commercial arrangements between ShiftCare and the Company come to an end.
We may also suspend or terminate your access rights if, at any time, you breach these Terms and Conditions, misuse the ShiftCare App, create a security or legal risk, or otherwise use the ShiftCare App in a way that may harm ShiftCare, the Company, another user, a client, a care recipient, or any other person.
You may terminate your registration with the ShiftCare App by closing your user account, subject to the Company’s account administration settings and any applicable legal, audit, retention, or compliance requirements.
Termination of your user access does not necessarily terminate the Company’s subscription or commercial arrangement with ShiftCare.
What happens to data after termination?
Following termination or cancellation of the Company’s account, ShiftCare may retain, delete, return, anonymise, or archive customer data in accordance with the applicable commercial arrangement, Privacy Policy, Data Processing Agreement, legal obligations, audit obligations, backup processes, and data retention practices.
The Company is responsible for exporting or requesting access to any required data before cancellation or termination, subject to the functionality available in the ShiftCare App and any applicable legal or contractual requirements.
ShiftCare may retain information where reasonably necessary for legal, regulatory, tax, accounting, audit, security, dispute resolution, compliance, backup, or legitimate business purposes.
Who can be held liable if things go wrong?
To the maximum extent permitted by law, we are not responsible for, and you release us from liability arising out of or in connection with:
- your misuse, abuse, improper application, or unauthorised use of the ShiftCare App;
- information entered, uploaded, generated, accessed, modified, deleted, exported, or used by you, the Company, or other users;
- decisions made by you, the Company, or other users based on information available through the ShiftCare App;
- failures, delays, errors, or omissions caused by third-party services, integrations, networks, devices, software, infrastructure, or systems outside our reasonable control;
- your failure, or the Company’s failure, to comply with applicable laws, regulations, funding rules, care standards, employment obligations, privacy obligations, or industry requirements; or
- clinical, care, operational, workforce, rostering, payroll, billing, funding, compliance, or business decisions made by you, the Company, or other users.
We accept no liability for any loss caused in whole or in part by your misuse, abuse, or improper application of the ShiftCare App.
To the maximum extent permitted by law, we exclude liability for any loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, business interruption, or indirect, consequential, special, punitive, or exemplary loss, damage, cost, or expense.
To the full extent permitted by law, our liability for our breach of any guarantee, condition, warranty, or obligation is limited to the total fees paid by you or the Company to us in the 12 months before the liability accrued.
Do consumer laws form part of these Terms and Conditions?
In some places there may be non-excludable warranties, guarantees, conditions, rights, or remedies, including under the Australian Consumer Law or other applicable consumer protection laws.
Nothing in these Terms and Conditions excludes, restricts, or modifies any right, guarantee, warranty, condition, or remedy that cannot lawfully be excluded, restricted, or modified.
Except for non-excludable rights, guarantees, warranties, conditions, or remedies, we are bound only by the express promises made in these Terms and Conditions.
Where permitted by law, our liability for breach of a non-excludable guarantee, warranty, condition, or obligation is limited, at our option, to replacing or paying the cost of replacing the relevant goods or services, resupplying or paying the cost of resupplying the relevant services, or another remedy permitted by law.
How are notices to be sent?
Any notice you send us must be sent by email to support@shiftcare.com.
Any notice we send to you will be emailed to the email address linked to your user account, the Company’s subscription account, or another nominated contact for the Company.
Where a notice relates to a material change to these Terms and Conditions, the Privacy Policy, the AI & Data Usage Policy, sub-processors, data processing, or the ShiftCare App, we may also provide notice through the ShiftCare App, website, email, account notification, in-app notification, or another reasonable notice mechanism.
What about feedback?
If you wish to make any comments, suggestions, complaints, or other feedback about the ShiftCare App or your experience as a user of the ShiftCare App, please send an email to support@shiftcare.com.
If you provide us with feedback, suggestions, ideas, feature requests, improvements, or recommendations, you agree that we may use that feedback without restriction or obligation to compensate you, provided that we do not use your confidential information or personal information except in accordance with these Terms and Conditions and our Privacy Policy.
Will these Terms and Conditions ever change?
We may change these Terms and Conditions from time to time.
If we make material changes, we will take reasonable steps to let the Company or users know about the changes, which may include email notice, account notice, in-app notice, website notice, or another reasonable notice mechanism.
Unless a shorter period is required by law, required for security reasons, or necessary to maintain the integrity, availability, or compliance of the ShiftCare App, we will aim to provide no less than 30 days’ prior notice of material changes that materially affect privacy, data processing, sub-processors, AI processing, or customer rights.
You should also keep track of whether changes have been made to these Terms and Conditions by referring to the date of publication at the top or bottom of this page.
If you use the ShiftCare App following any amendment to these Terms and Conditions, you will be taken to have agreed to comply with the Terms and Conditions as changed.
If you do not agree with changes to these Terms and Conditions, you must stop using the ShiftCare App and may close your user account, subject to the Company’s account administration settings and any applicable contractual, legal, audit, retention, or compliance requirements.
What laws apply to these Terms and Conditions?
The laws of New South Wales, Australia govern these Terms and Conditions.
You submit to the jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts for the resolution of any dispute related to these Terms and Conditions.
If any provision in these Terms and Conditions is invalid, unlawful, or unenforceable under any law, the provision will be limited, narrowed, construed, or altered as necessary to render it valid, lawful, and enforceable, but only to the extent necessary to achieve that outcome.
If necessary, the invalid, unlawful, or unenforceable provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
Contact
If you have any questions about these Terms and Conditions, please contact us at:
ShiftCare Pty Ltd
ABN 88 611 756 711
68 Waterloo Road
Macquarie Park NSW 2113
Australia
Email: support@shiftcare.com
Phone: 02 8311 4101