Terms & Conditions – ShiftCare UK
These Terms and Conditions govern your use of the ShiftCare staff rostering software, including our web application (accessible via shiftcare.com) and our mobile application (together, the ShiftCare Apps).
The ShiftCare Apps are provided by ShiftCare Pty Ltd (company number: 88 611 756 711), registered office 68 Waterloo Road, Macquarie Park NSW 2113, Australia (we, us, our) to authorised users (you, your) under a commercial arrangement between us and the organisation that has given you access (the Company).
1. Acceptance of these Terms
To use the ShiftCare Apps, you must complete the registration process and agree to comply with these Terms and Conditions. By registering or using the Apps, you confirm you have read and understood these terms. If you do not agree, you must stop using the Apps immediately.
These terms do not create a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other user.
2. Your Responsibilities
You agree that all registration details you provide are true, accurate, and complete, and you will keep them up to date. You are solely responsible for maintaining the confidentiality and security of your account, username, and password. You will not allow anyone else to access your account and you will notify us immediately if you become aware of unauthorised use or any security breach.
You must not attempt to gain unauthorised access to any systems, data, or content, use false details or impersonate others, disrupt or interfere with the operation of the Apps, use the Apps in any way that is unlawful, infringes rights, or is fraudulent, offensive, defamatory, or misleading, or copy, distribute, modify, or commercially exploit content from the Apps, unless permitted under these terms.
3. Our Responsibilities
We will provide the ShiftCare Apps with reasonable skill and care, ensuring that they are suitable for the purposes for which they are made available. We will use reasonable efforts to ensure the Apps remain available but cannot guarantee uninterrupted access. We are not responsible for downtime caused by maintenance, updates, or circumstances outside our control.
4. Refund and Cancellation Policy
Payments made are non-refundable. If you cancel your subscription you will not be charged for future billing periods, but you remain liable for fees incurred in the current billing period. You will retain access until the end of your paid period, and any outstanding charges including SMS fees must be paid immediately.
5. Hyperlinks
The Apps may contain links to third-party websites. These are provided for convenience only. We do not control and accept no responsibility for the content or operation of those websites.
6. Intellectual Property
All intellectual property in the ShiftCare Apps, including design, look and feel, data, and content, belongs to us or our licensors. If you believe content infringes your rights, please contact us at info@shiftcare.com.
7. Data Protection and Privacy
We handle personal data in line with the UK GDPR and the Data Protection Act 2018. When you register, you may provide personal information, which we process in accordance with our Privacy Policy, which forms part of these Terms. You also agree to keep confidential any sensitive information you access within the Apps.
To the extent that ShiftCare processes Personal Data on behalf of the Customer, ShiftCare shall act as a Data Processor and the Customer shall act as a Data Controller. The parties agree that the ShiftCare Data Processing Agreement (‘DPA’), available at shiftcare.com/uk/dpa, is incorporated into and forms part of these Terms. In the event of any conflict between the DPA and these Terms, the DPA shall prevail in relation to the processing of Personal Data.
AI Features and Data Processing
1. Overview
ShiftCare offers AI-powered features as part of the Service (collectively, “AI Features”). These features include, but are not limited to, automated note classification, Smart Notes suggestions, and Smart Match functionality. The use of AI Features is subject to the additional terms set out in this section, which supplement and form part of your agreement with ShiftCare.
2. AI & Data Usage Policy
ShiftCare’s AI & Data Usage Policy (https://shiftcare.com/ai-data-usage-policy) (“AI Policy”) forms part of these Terms and Conditions and is incorporated by reference. The AI Policy sets out in full: (a) how AI Features process, handle, and store your data; (b) the sub-processors ShiftCare engages in connection with AI Features; (c) data flow diagrams, encryption standards, and retention periods applicable to AI processing; (d) regional data processing arrangements and applicable cross-border transfer safeguards; and (e) 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 Policy. In the event of any conflict between the AI Policy and these Terms and Conditions, the AI Policy shall take precedence in respect of matters relating to AI data processing.
3. AI Data Controls & Transparency
ShiftCare provides customers with granular controls over the use of AI Features, as set out at https://shiftcare.com/ai-data-controls. These include organisation-wide and feature-level toggles, model training opt-out controls, and access to AI processing logs and audit trails. Disabling AI Features does not affect access to ShiftCare’s core platform functionality.
4. Data Processing for AI Features
In providing AI Features, ShiftCare acts as a data processor on your behalf. Your data will not be used to train, fine-tune, or otherwise improve AI models without your explicit consent; AI processing is limited to the features you have enabled; all AI-generated content is clearly labelled; and sub-processors are required to meet strict security and compliance standards and may not use your data for any other purpose.
5. Regional Data Processing Arrangements
For customers in the United Kingdom, data may be processed in Australia and is subject to an International Data Transfer Agreement (IDTA) or UK Standard Contractual Clauses (SCC) Addendum, which forms part of your Data Processing Agreement, as further described in the AI Policy.
6. Availability and Changes
ShiftCare may modify, suspend, or discontinue AI Features at any time, with reasonable notice where practicable. Material changes to the AI Policy or sub-processors will be notified in advance where possible, and continued use of AI Features after such notice constitutes acceptance of the updated terms.
8. Monitoring
We may monitor your use of the Apps to ensure proper operation and compliance with these Terms.
9. Termination
Your access continues until terminated by the Company or by us. We may suspend or terminate your access if the Company’s agreement with us ends or you breach these Terms. You may terminate your registration by closing your account.
10. Liability
To the fullest extent permitted by UK law, we exclude liability for indirect or consequential losses, including loss of profit, revenue, customers, goodwill, or data. Our liability is limited to the total fees paid by you or the Company in the 12 months before the claim. We do not exclude liability for death or personal injury caused by negligence, fraud, or other liabilities which cannot lawfully be excluded.
11. Consumer Rights
These Terms do not affect your statutory rights under UK consumer law.
12. Notices
Notices to us must be sent to support@shiftcare.com. Notices from us will be sent to the email linked to your account.
13. Changes to these Terms
We may update these Terms at any time. If we make material changes, we will notify you. Continued use of the Apps after changes means you accept the updated Terms.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. You agree to the exclusive jurisdiction of the English courts. If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
15. App Store and Google Play Terms
If you download or access the ShiftCare Apps through the Apple App Store or Google Play, you acknowledge and agree that Apple Inc. and Google LLC (and their subsidiaries) are not parties to these Terms, nor responsible in any way for the Apps or their content. All responsibility for support, maintenance, subscription management, and customer service rests with ShiftCare Pty Ltd.
Apple and Google have no obligation to provide support or maintenance for the Apps and, to the maximum extent permitted by law, have no other warranty or liability obligations with respect to the Apps. Your use of the Apps via those platforms is also subject to the relevant App Store or Google Play terms and conditions.
Effective Date: 24 September 2025