WEBSITE TERMS & CONDITIONS OF USE
1. About the Website
- Welcome to RosterShare.com (the 'Website'). The Website allows you to access and use
the RosterShare (the 'Services').
The Website is operated by Ephovex, ACN/ABN 97184425370 . Access to and use of the
Website, or any of its associated Products or Services, is provided by Ephovex. Please
read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading
the Website, this signifies that you have read, understood and agree to be bound by the
Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of
Ephovex reserves the right to review and change any of the Terms by updating this page
at its sole discretion. When Ephovex updates the Terms, it will use reasonable endeavours
to provide you with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you continue, we recommend
you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user
interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
- RosterShare is a web-based service for creating rosters and staff schedules.
- Free-plan and subscription-plan accounts are currently offered. You acknowledge and
agree that the accounts offered, as well as the account features may change from time to
time, and may be governed by separate terms which apply specific to the account. Where
special account-specific terms apply, you will be informed, and must accept those terms
before you are given such an account. For the avoidance of doubt these Terms apply
unless otherwise agreed or amended by account-specific terms.
- Some accounts may be governed by a separate Software Licensing Agreement with
apply unless otherwise agreed or amended by the terms of an applicable Software
4. Acceptable use of the Service
RosterShare, its related features, and website must only be used lawfully. Ephovex
reserves the right to suspend, cancel, or otherwise deny access to users and accounts
who use the service:
- To engage in any act that would disrupt the access, availability, and security of
RosterShare and other Ephovex services, including but not limited to:
- Tampering with, reverse-engineering, or hacking our servers.
- Modifying, disabling, or compromising the performance RosterShare or
other Ephovex services.
- Overwhelming, or attempting to overwhelm our infrastructure by imposing
an unreasonably large load on our systems that consume extraordinary
- Compromising the integrity of our system, including probing, scanning and
testing the vulnerability of our system unless expressly permitted by
For any illegal purpose, or to violate any laws, including and without limitation to data,
privacy, and export control laws.
To stalk, harass or threaten users and any member of the public.
To misrepresent or defraud any user or member of the public through phishing, spoofing,
manipulating headers or other identifiers, impersonating anyone else, or falsely implying
any sponsorship or association with Ephovex or any third party
To access or search any part of the Service, or any other Service owned by Ephovex other
than our publicly supported interface, or otherwise allowed for in an applicable Software
To post, upload, share, or otherwise circulate content in violation of RosterShare’s content
5. Security and Data Privacy
Ephovex takes your privacy seriously and information provided through your use of the Website
RosterShare security breaches.
6. Data Use
Ephovex collects, stores, and processes your data on RosterShare. The data is used to provide
addresses Ephovex's processes, policies, and obligations in respect of data encryption and
7. Subscription to use the Service
- In order to access the Services, you must first purchase a subscription through the
Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription
Fee'). After purchasing a Subscription, you will be considered a member (‘Member’).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to
ensure that the Subscription you elect to purchase is suitable for your use.
- Before, during or after you have purchased the Subscription, you will then be required to
register for an account through the Website before you can access the Services (the '
- As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including but not limited to Name, email address, phone number, and
- You warrant that any information you give to Ephovex in the course of completing the
registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms ("User"). As a Member you will be granted
immediate access to the Services from the time you have completed the registration
process until the subscription period expires (the 'Subscription Period').
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Ephovex; or
- you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services
- Subject to the terms of any applicable Software License Agreement, the Subscription Fee
may be paid by all payment methods available on the Website, and may change from time
- Payments made in the course of your use of RosterShare may be made using third-party
applications and services not owned, operated, or otherwise controlled by Ephovex. You
acknowledge and agree that Ephovex will not be liable for any losses or damage arising
from the operations of third-party payment applications and services. You further
acknowledge and warrant that you have read, understood and agree to be bound by the
terms and conditions of the applicable third-party payment applications and services you
choose to use as a payment method for RosterShare services.
- You acknowledge and agree that where a request for the payment of the Subscription Fee
is returned or denied, for whatever reason, by your financial institution or is unpaid by you
for any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Subscription Fee.
You agree and acknowledge that Ephovex can vary the Subscription Fee at any time and
that the varied Subscription Fee will come into effect following the conclusion of the
9. Refund Policy
Ephovex will only provide you with a refund of the Subscription Fee in the event they are unable
to continue to provide the Services or if the manager of Ephovex makes a decision, at its
absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs,
the refund will be in the proportional amount of the Subscription Fee that remains unused by the
Member (the 'Refund').
10. Copyright and Intellectual Property
- The Website, the Services and all of the related products of Ephovex are subject to
copyright. The material on the Website is protected by copyright under the laws of
Australia and through international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips, Website code, scripts, design
elements and interactive features) or the Services are owned or controlled for these
purposes, and are reserved by Ephovex or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by
Ephovex, who grants to you a worldwide, non-exclusive, royalty-free, revocable license
whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your
device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Ephovex does not grant you any other rights whatsoever in relation to the Website or the
Services. All other rights are expressly reserved by Ephovex.
Ephovex retains all rights, title and interest in and to the Website and all related Services.
Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process), to
- You may not, without the prior written permission of Ephovex and the permission of any
other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or third party
Services for any purpose, unless otherwise provided by these Terms. This prohibition does
not extend to materials on the Website, which are freely available for re-use or are in the
11. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
- Ephovex will not be liable for any special, indirect or consequential loss or damage
(unless such loss or damage is reasonably foreseeable resulting from our failure to
meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services or the late supply of the
Services), whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and
the Services is provided to you "as is" and "as available" without warranty or condition of
any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Ephovex make any express or implied representation or warranty about the
Services or any products or Services (including the products or Services of Ephovex)
referred to on the Website. This includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and
advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the
products of Ephovex; and
- the Services or operation in respect to links which are provided for your
12. Limitation of Liability
- Ephovex's total liability arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Ephovex, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to, any loss of
profit (whether incurred directly or indirectly), any loss of goodwill or business reputation
and any other intangible loss.
13. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Ephovex as set out
- If you want to terminate the Terms, you may do so by:
- cancelling the Subscription prior to the end of the Subscription Period; and
- closing your accounts for all of the services which you use, where Ephovex has
made this option available to you.
- Any notices pursuant to Clause 13.2 above should be sent, in writing, to Ephovex via the link on our
Ephovex may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Ephovex is required to do so by law;
- the provision of the Services to you by Ephovex is, in the opinion of Ephovex, no
longer commercially viable.
- Subject to local applicable laws, Ephovex reserves the right to discontinue or cancel your
Subscription or Account at any time and may suspend or deny, in its sole discretion, your
access to all or any portion of the Website or the Services without notice if you breach any
provision of the Terms or any applicable law or if your conduct impacts Ephovex's name or
reputation or violates the rights of those of another party.
You agree to indemnify Ephovex, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
- any direct or indirect consequences of you accessing, using or transacting on the Website
or attempts to do so; and/or
- any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or
Court proceedings in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the
Australian Disputes Centre or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
- The mediation will be held in Canberra, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection
with this dispute resolution clause are confidential and to the extent possible, must be treated as
"without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been
resolved, either party may ask the mediator to terminate the mediation and the mediator must do
16. Venue and Jurisdiction
The Services offered by Ephovex is intended to be viewed by residents of Australia. In the event
of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for
resolving any dispute shall be in the courts of Australian Capital Territory.
17. Governing Law
The Terms are governed by the laws of Australian Capital Territory. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of Australian Capital Territory, Australia without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and
both parties having taken the opportunity to obtain independent legal advice and declare the
Terms are not against public policy on the grounds of inequality or bargaining power or general
grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.