Legal
Terms of Use
These Terms of Use (“Terms”) apply to ShiftFill’s website, manager application, integrations and related services (“Service”). By accessing or using our Service, you agree to these Terms. If you use our Service for an organisation, you confirm that you have authority to bind that organisation, and “you” includes that organisation.
If you do not agree, do not use our Service. If we and a customer sign a separate agreement or order form, that document prevails where it is inconsistent with these Terms.
What ShiftFill does
ShiftFill connects to an authorised Deputy account to find shifts that are Open and Published, check current Deputy records and contact staff groups in your chosen order. Staff receive and claim offers in Deputy, and Deputy remains your final record of who filled a shift. Available features depend on your settings and plan. Nothing is sent to staff until relevant live features have been intentionally enabled.
Your authority and responsibilities
You are responsible for:
- having authority to connect a relevant Deputy account and provide data and instructions to ShiftFill;
- ensuring your administrators, workforce data, Deputy records, rules and contact details are accurate and current;
- reviewing staff checks, offer order, locations, timing and automatic follow-up settings before live use;
- deciding whether a team member is legally and safely able to work a shift;
- giving required notices and obtaining any required permissions from workers or other individuals; and
- complying with workplace, employment, award, fatigue, work health and safety, licensing, privacy, anti-discrimination and electronic messaging laws.
Automation and workplace decisions
ShiftFill assists with open-shift follow-up; it is not legal, employment, payroll, clinical or work health and safety advice. Results depend on information received from Deputy and settings you choose. Checks may be incomplete where that information is missing, delayed or inaccurate.
You remain responsible for reviewing ShiftFill’s output and for all employment, scheduling, safety and assignment decisions. Deputy remains your main record for roster information and final assignments.
Messages and worker contact
You decide who may be contacted, why a shift offer is sent and when live notifications are enabled. You must not use our Service to send unlawful, deceptive, unsolicited or unauthorised messages. Where electronic messaging laws apply, you are responsible for any required consent, sender identification, contact details and opt-out process.
Accounts and security
You must protect account access, use reasonable security practices and promptly tell us through our contact form if you suspect unauthorised access. You are responsible for actions taken through your authorised account, except where caused by our breach of these Terms or failure to use reasonable care.
Acceptable use
You must not:
- use our Service or personal information unlawfully or without authority;
- bypass or deliberately disable safety controls, access controls or rate limits;
- probe, scan, attack, disrupt or overload our Service or another system;
- introduce malicious code, scrape our Service, or attempt to obtain another customer’s data;
- reverse engineer our Service except where that restriction is prohibited by law; or
- use our Service to discriminate unlawfully, harass a person or make a prohibited employment decision.
Customer data and privacy
You retain your rights in data you lawfully provide or authorise us to access. You grant us limited rights needed to host, process, transmit and use that data to provide, secure and support our Service and meet legal obligations.
Our handling of personal information is described in our Privacy Policy. You must not provide data you are not entitled to use or instruct us to process.
Our intellectual property
ShiftFill and its licensors retain all rights in our Service, including its software, design, branding, documentation and improvements. These Terms give you a limited, non-exclusive and non-transferable right to use our Service for your organisation’s internal business operations while your access remains active.
If you give us feedback, we may use it without restriction or payment, provided we do not identify you or disclose your confidential information without permission.
Third-party services
Deputy and other third-party services are provided under their own terms and privacy policies. Their availability, data and changes are outside our control. We are not responsible for a third-party service, but this does not limit our responsibility for how we select, configure or use providers when delivering ShiftFill.
Service changes and availability
We may maintain, improve or change our Service. We may also suspend a feature to address security, legal or operational risk. Where reasonably practicable, we will give affected customers notice of a material reduction to paid functionality.
We do not promise uninterrupted or error-free operation, that every open shift will be filled, that any person will respond or accept, or that Deputy or another third-party service will remain available.
Fees
Your first five successful fills are available without charge once for each Deputy installation. For allowance purposes, a successful fill counts only where ShiftFill sent an offer to whoever was ultimately assigned in Deputy while automatic sending was enabled. Previews, unfilled shifts and assignments to people who were not offered that shift by ShiftFill do not count.
After using your free allowance, a valid payment method and paid plan are required before ShiftFill starts another automatic follow-up. Paid plans renew monthly until cancelled and include your fill allowance shown at checkout. Upgrades take effect immediately and may include a prorated charge. Downgrades and cancellations take effect from your next renewal date, so paid access continues until your current billing period ends. We may pause new automatic follow-ups after an allowance is exhausted or a payment remains unpaid after our payment provider’s retry process.
Prices are shown in Australian dollars and include GST. Deputy may deliver shift offers by email, push notification or SMS according to your Deputy configuration. Any Deputy SMS or third-party messaging charges remain your responsibility.
Applicable price, currency, billing period, taxes and any additional checkout terms will be shown before purchase. You must pay undisputed amounts when due. We will not add a new charge without disclosing it before it applies.
Suspension and ending access
You may stop using our Service and ask us to close your account. We may suspend or end access where reasonably necessary to prevent harm, comply with law, address a security risk, respond to non-payment, or address a material breach that is not remedied after reasonable notice where notice is practicable.
On termination, your right to use our Service ends. Provisions intended by their nature to continue—including intellectual property, accrued payment obligations, responsibility for prior use, liability limits and general provisions—survive. Personal information is handled in accordance with our Privacy Policy and any applicable written agreement.
Consumer rights and warranties
Nothing in these Terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.
Subject to those non-excludable rights, our Service is provided on an “as available” basis. To the maximum extent permitted by law, we exclude implied warranties and do not warrant that our Service will meet every requirement or produce a particular staffing outcome.
Liability
To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, or loss of profit, revenue, opportunity, goodwill or data, arising from our Service. This exclusion does not apply to liability that cannot be excluded or to loss caused by fraud, wilful misconduct or infringement of the other party’s intellectual property rights.
Where our liability for breach of a non-excludable guarantee can lawfully be limited, our liability is limited, at our option, to supplying affected services again or paying reasonable costs of having them supplied again.
To the extent permitted by law, you are responsible for reasonable loss or cost we suffer to the extent caused by your unlawful use of our Service, your material breach of these Terms, or data or instructions you provided without authority. This does not apply where loss was caused by our negligence or breach.
Changes to these Terms
We may update these Terms to reflect changes to our Service or law. We will publish updated Terms with a new “Last updated” date and give reasonable notice of a material change where practicable. If you do not agree to a material change, you may stop using our Service before it takes effect, subject to any separate written agreement.
Disputes and general terms
Before starting formal proceedings, each party should contact the other and try in good faith to resolve the dispute, unless urgent relief is required. These Terms are governed by applicable laws of Australia, subject to any different jurisdiction stated in a separate written agreement and any rights that cannot be excluded.
If part of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary and the remaining provisions will continue. A failure to enforce a right is not a waiver of that right.
Contact
Questions about these Terms can be sent through our contact form.