Terms of Use

1. Introduction

Welcome to Skeddule (www.skeddule.com), a premier cloud-based Staff Scheduling Software solution. Skeddule is proudly owned and operated by Skeddule Pty. Ltd., a company incorporated and based in Victoria, Australia. Our innovative software is designed to streamline the scheduling processes for security and labour hire companies, enabling efficient management of workforce schedules on a weekly basis.

At Skeddule, we are committed to delivering a robust and user-friendly platform to help businesses around the world optimise their staff scheduling and management. Our service is tailored to meet the dynamic needs of modern enterprises, offering a range of features including scheduling, timesheet management, client and location coordination, service and activity tracking, licensing compliance, contractor portal, comprehensive invoicing and payroll solutions, detailed reporting, and a user-friendly mobile application.

This document, the Terms of Use (“Terms”), is intended to define the legal framework within which users (referred to as “You”, “Your”, or “User”) access and use the Skeddule software and services. These Terms constitute a binding legal agreement between You and Skeddule Pty. Ltd. (“Us”, “We”, “Our”). By accessing, browsing, or using our software and services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

We encourage you to read these Terms carefully as they govern your use of our website and services. Your use of Skeddule signifies your acceptance of these Terms and represents your agreement to comply with all applicable laws and regulations. If you are using Skeddule on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Please be aware that these Terms may be updated or modified from time to time. We will endeavour to notify you of any significant changes, but it is your responsibility to review these Terms periodically to stay informed about any updates. Your continued use of Skeddule after such modifications will constitute acknowledgment and agreement of the modified Terms.

2. Acceptance of Terms

By accessing or using the Service provided by Skeddule Pty. Ltd. (“Skeddule”, “we”, “us”, or “our”), you confirm that you accept these Terms of Use and that you agree to comply with them. Your agreement forms a binding contract between you (whether as an individual or on behalf of an entity) and Skeddule. If you do not agree to these Terms, you must not use our Service.

These Terms govern your use of Skeddule’s cloud-based Staff Scheduling Software and any associated services, including all functionalities, updates, and new features that we may introduce from time to time. By engaging with our Service, you signify your acceptance of these Terms and our Privacy Policy, which is included as a part of these Terms.

It is important to review these Terms regularly to stay informed of any changes. We reserve the right to amend these Terms at our sole discretion and at any time. Your continued use of the Service following any updates signifies your acceptance of the new Terms.

By using Skeddule, you represent that you are legally capable of entering into binding contracts and that you are at least 18 years of age, or the age of majority in your jurisdiction. If you are using the Service on behalf of an organisation or entity, you affirm that you have the authority to bind that organisation or entity to these Terms.

3. Service Description

Skeddule provides a comprehensive, cloud-based Staff Scheduling Software (“Service”) designed to facilitate the efficient management of workforce schedules. This Service is tailored to meet the needs of security and labour hire companies, aiding them in organising and managing their staff’s weekly schedules with ease and precision.

Our Service encompasses a wide array of features, each crafted to enhance the scheduling experience:

Scheduling: Users can create permanent shifts, bulk upload shifts via CSV files, create multiple shifts simultaneously, and easily distinguish between confirmed shifts and those awaiting staff confirmation. The Service allows the publication of open shifts to staff with a single click and the sending of rosters to clients via email.

Timesheet Management: Our Service offers updated shift times based on mobile app sign-in and sign-off, inclusion of extra charges such as travel and equipment, application of individualised overtime rates, and colour-coded timesheets for easy status identification.

Client and Location Management: Users can create individual locations or link them to clients with multiple sites, limit service level options to location-specific needs, and manage staff allocation with restrictions and licensing considerations.

Service and Activity Tracking: The Service enables users to create specific services, assign invoicing and payroll rates, set licensing requirements, and link preset activities to multiple services.

Licensing Compliance: A master list of licenses and qualifications can be maintained, linked to staff profiles and services, with reminders for upcoming license expirations and automatic staff removal from shifts if required licenses have expired.

Contractor Portal: This feature, which is coming soon, will allow the creation of contracting companies and the management of their staff and assigned shifts through a dedicated portal.

Rates, Invoicing, and Payroll: Users can set default shift zones, overtime rules, and public holiday listings, as well as customise invoiced and payroll rates for each service level and individual location or staff member.

Reporting: The Service provides insights into various metrics such as the number of shifts and hours rostered, payroll, and revenue, along with listings of open and unconfirmed shifts and staff with impending license expirations.

User Mobile App: Available for Android and iOS, the app allows staff to view and confirm their rosters, sign on to shifts based on geolocation, submit incident reports, record breaks, and receive shift reminders.

This Service Description is not exhaustive and may be subject to change as we continually evolve our software to better serve our users’ needs. Skeddule reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. However, we are committed to informing our users of significant changes to the Service in a timely manner.

4. User Eligibility

This section outlines the criteria that must be met for eligibility to use Skeddule’s services. Our software is exclusively designed for business use, specifically targeting companies involved in security and labour hire. It is not intended for personal, non-commercial use.

Business Use: Access to and use of our Service is permitted solely for legitimate business purposes. The Service is ideal for organisations seeking efficient, cloud-based solutions for staff scheduling and workforce management.

Global Access: Skeddule’s services are available to companies worldwide. There are no geographical limitations on access, allowing businesses from any part of the globe to benefit from our scheduling solutions. However, users are responsible for ensuring that their use of Skeddule complies with local laws and regulations.

Age and Authority: Individuals accessing or using the Service on behalf of a company must be of legal age to form a binding contract and must have the requisite authority to bind their respective company to these Terms of Use.

Account Responsibility: Users are responsible for maintaining the confidentiality of account information, including usernames and passwords, and for all activities that occur under their account. Users agree to immediately notify Skeddule of any unauthorized use of their account or any other breach of security.

Compliance with Terms: Continued eligibility to use Skeddule’s services is contingent upon adherence to these Terms of Use. Failure to comply with any of the terms and conditions outlined herein may result in suspension or termination of the user’s account and access to the Service.

5. Account Registration and Management

Account Registration:

• To use Skeddule’s services, businesses must first register for an account. Registration involves providing accurate and complete information as prompted by the registration form.
• Upon registering, users are granted a Free 30-Day Trial, providing full access to all features and functionalities of the software.
• Users are required to validate their email addresses as part of the registration process, ensuring the security and authenticity of each account.

Account Management and Trial Period:

• During the Free 30-Day Trial, users have unrestricted access to all features of the software. This trial period is intended to allow users to thoroughly assess the software’s capabilities and suitability for their needs.
• Once the 30-day trial period concludes, users must enter a valid payment method to continue accessing their account and information. Failure to provide a payment method will result in notification of impending account and data deletion.
• If, after the trial period, a valid payment method is not provided, Skeddule will notify the user via email that their account and all associated information will be deleted 14 days after the trial’s end.

Account Security:

• Users are responsible for maintaining the confidentiality of their account information, including login credentials. It is crucial to safeguard this information against unauthorised access.
• Users must inform Skeddule immediately of any unauthorised use of their account or any other breach of security.

Account Modifications and Cancellation:

• Users have the flexibility to modify their account details as necessary. This includes updating contact information, adjusting settings, and altering subscription plans.
• Users wishing to cancel their account may do so at any time. Upon cancellation, all user data will be handled in accordance with our data retention and deletion policies.

Responsibility for Account Activities:

• Account holders are responsible for all activities that occur under their account. This includes ensuring that all usage complies with these Terms of Use.
• Skeddule reserves the right to suspend or terminate accounts that are found to be in violation of these Terms, or which engage in activities harmful to the Service or other users.
• By registering for an account with Skeddule, users agree to comply with these terms and accept responsibility for all activities conducted through their account.

6. Payment Terms

Subscription Plans and Pricing:

• Skeddule offers a range of subscription plans, each tailored with varying levels of features and functionalities to cater to diverse business needs.
• Our pricing structure is based on the chosen subscription plan and the number of unique staff rostered at least once in a given week.
• We charge in Australian Dollars (AUD) for accounts set up within Australia, and in United States Dollars (USD) for accounts outside Australia.

Billing and Invoicing:

• Invoices are issued, and payments are processed on a monthly arrears basis (i.e., payment is due at the end of the billing period for the services delivered).
• The billing period begins on the date your account is created and renews monthly on the same date.
• Total charges for the billing period are calculated based on the selected subscription plan and the number of unique staff rostered during that period.
• A minimum charge of $97.00 applies if the total rostered-staff-based charges for the billing period are below this threshold.

Payment Methods and Processing:

• We accept various forms of payment, and it is the user’s responsibility to ensure that a valid and up-to-date payment method is on file.
• Users must provide and maintain accurate and complete payment information. Failure to do so may result in service interruption.

Late Payments and Non-Payment:

• If payment is not received by the due date, a reminder will be sent. Continued non-payment may lead to service suspension or account termination.
• Users are responsible for any fees or charges incurred due to late payments or non-payment.

Subscription Changes and Cancellations:

• Users can upgrade, downgrade, or cancel their subscription at any time. Changes to subscriptions will be reflected in the billing cycle following the change.
• In the event of a cancellation, users will be responsible for any charges incurred during the billing period in which the cancellation occurs.

Refunds and Disputes:

• Refund requests must be submitted in writing and will be considered on a case-by-case basis.
• Billing disputes should be notified to Skeddule within a specified time frame, usually within 30 days of the invoice date, for investigation and resolution.

7. Service Availability

Service Accessibility:

• Skeddule endeavours to ensure that our cloud-based Staff Scheduling Software is accessible to users 24/7. However, we acknowledge that due to the nature of online and cloud-based services, uninterrupted service cannot be guaranteed.
• Users acknowledge that occasional downtime for maintenance, updates, and other technical reasons may occur. Skeddule is committed to ensuring that any such downtime is minimal and, where possible, conducted during off-peak hours or times of lower user activity.

Scheduled Maintenance:

• To maintain the highest level of service quality and security, regular scheduled maintenance is necessary. We will make all reasonable efforts to communicate any scheduled maintenance in advance through email or in-service notifications.
• During these maintenance periods, the Service or certain functionalities may be temporarily unavailable.

Emergency Maintenance and Downtime:

• In the event of unforeseen technical problems or emergencies, the Service may become temporarily unavailable. In such cases, Skeddule will take all necessary steps to restore service as quickly as possible.
• We will endeavour to provide timely updates and information regarding the nature of the emergency and expected resolution times.

Limitation of Liability for Service Interruptions:

• Skeddule will not be liable for any failure or delay in providing the Service that is due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
• In no event will Skeddule be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Service.

User Responsibilities:

• Users are responsible for ensuring their hardware, software, and internet connections are compatible with and capable of supporting Skeddule’s Service requirements.
• It is the user’s responsibility to configure their settings and manage their use of the Service in accordance with any updates or changes made available by Skeddule.

8. User Conduct

General Conduct:

• Users of Skeddule’s services are expected to conduct themselves in a professional, responsible, and lawful manner at all times.
• The use of our Service for illegal, fraudulent, harmful, or unethical purposes is strictly prohibited. This includes, but is not limited to, engaging in activities that violate intellectual property rights, data privacy laws, or other applicable regulations.

Data Entry and Accuracy:

• Users are responsible for the accuracy and legality of the data they enter into the Skeddule system. It is imperative that all information inputted into the software is truthful, complete, and up-to-date.
• Users must refrain from inputting data that is libelous, defamatory, obscene, offensive, or otherwise inappropriate.

Respectful Interaction:

• Skeddule promotes a respectful and harassment-free environment. Users must not engage in behaviour that is discriminatory, harassing, abusive, or threatening towards other users or Skeddule staff.
• Any form of bullying or harassment through the Service will not be tolerated and may result in immediate suspension or termination of the user’s account.

Security and Unauthorised Use:

• Users must not attempt to undermine the security or integrity of Skeddule’s computing systems or networks. This includes any activities that could cause harm to the Service, its availability, or its users, such as distributing viruses, overloading the system, or conducting denial-of-service attacks.
• Unauthorised access to or use of other users’ accounts and information is prohibited.

Compliance with Policies and Laws:

• Users are expected to comply with all Skeddule policies, including these Terms of Use, as well as all applicable local, state, national, and international laws and regulations.
• Users must not use the Service in a way that violates these policies or laws, or facilitates the violation of these policies or laws by others.

Reporting Misconduct:

• If users become aware of any misuse of the Service or any security breach within the system, they are encouraged to report these issues immediately to Skeddule via the designated channels.

9. Data Management

Data Ownership:

• The creator of data entered into the Skeddule system (the “User”) retains ownership of such data. Skeddule does not claim ownership over any user-generated content or data.
• Users are responsible for ensuring that they have the necessary rights or permissions to use and input data into the Service.

Data Use and Privacy:

• Skeddule is committed to protecting the privacy and security of its users’ data. Our use of user data is governed by our Privacy Policy, which outlines how we collect, store, and process data.
• User data will not be shared with third parties unless necessary for the operation of the Service or as required by law.

Data Accuracy and Integrity:

• Users are responsible for the accuracy and integrity of the data they provide.
• Skeddule assumes no responsibility for errors or inaccuracies in user-provided data.
• It is the user’s responsibility to update and maintain the accuracy of their data within the Service.

Data Retention and Deletion:

• Skeddule retains user data as long as the user’s account is active or as necessary to provide the Service.
• Upon a user’s request, or upon termination of the user’s account, Skeddule will delete or anonymise the user’s data, subject to our data retention policies and any legal obligations.

Data Security:

• Skeddule implements industry-standard measures and protocols to ensure the security of user data against unauthorised access, alteration, disclosure, or destruction.
• However, users acknowledge that no method of electronic storage is completely secure. While Skeddule strives to use commercially acceptable means to protect user data, we cannot guarantee its absolute security.

User Responsibilities:

• Users are responsible for safeguarding their login credentials and for any activities that occur under their account.
• Users should use best practices in data security, including regularly updating passwords and not sharing account access with unauthorised individuals.

Reporting Data Breaches:

• In the event of any suspected data breach or security issue, users are encouraged to promptly report the issue to Skeddule for investigation and remedial action.

10. Legal Compliance

Adherence to Applicable Laws:

• Skeddule is committed to conducting its business in accordance with all applicable laws and regulations at both a national and international level. This includes, but is not limited to, data protection laws, labour laws, and any other relevant statutory requirements.
• Users of the Skeddule service are also expected to adhere to all applicable local, national, and international laws and regulations in their use of our software.

Data Protection Compliance:

• In alignment with data protection laws such as the General Data Protection Regulation (GDPR) for European users, Skeddule takes stringent measures to protect personal data. Our practices include ensuring lawful processing of personal data, implementing data subject rights, and maintaining transparency about data usage.
• Users who handle personal data through our Service must also comply with such data protection laws, ensuring that they have the necessary consents and legal grounds for processing this data.

Labour Law Compliance:

• Skeddule’s service, being a staff scheduling tool, is designed with consideration of various international labour laws. However, users are responsible for ensuring that their use of our software complies with the labour laws applicable in their jurisdiction, including but not limited to working hours, rest periods, and overtime regulations.

International Compliance:

• Given Skeddule’s global user base, compliance with international laws and regulations is crucial. Users must ensure that their use of Skeddule does not violate international trade laws, sanctions, or embargoes.

Reporting Compliance Violations:

• Users are encouraged to report any suspected violations of applicable laws in relation to their use of Skeddule. Prompt reporting allows for quick remedial action and ensures ongoing legal compliance.

Updates to Compliance Obligations:

• Skeddule may update its compliance policies and procedures in response to changes in laws and best practices. Users are responsible for staying informed about such changes and adjusting their use of the Service accordingly.

11. Termination and Suspension

Grounds for Termination and Suspension:

• Skeddule reserves the right to suspend or terminate a user’s account and access to the Service for reasons including, but not limited to, non-compliance with these Terms of Use, non-payment of fees, or engaging in illegal or unethical activities.
• We may also terminate or suspend access to the Service if we believe the user’s actions may cause legal liability for them, our other users, or us.

Procedure for Suspension or Termination:

• In cases of suspension or termination, Skeddule will attempt to notify the user via email, specifying the reasons for such action and any potential remedies, if applicable.
• Users whose accounts are suspended will be given an opportunity, where appropriate, to rectify the issue leading to the suspension before a decision is made to terminate the account.

Effect of Account Termination:

• Upon termination of an account, the user’s right to access and use the Service will cease immediately.
• Skeddule is not obligated to maintain or store any data associated with the terminated account. Users are advised to ensure that they have backed up or exported their data before termination.

User-Initiated Cancellation:

• Users have the right to cancel their account at any time. This can be done through the account settings or by contacting Skeddule’s customer support.
• Upon cancellation, the account will be terminated, and the user’s access to the Service will cease.

Post-Termination Obligations:

• Following termination, regardless of the initiating party, users are still obligated to pay any outstanding charges incurred prior to the termination.
• Users must also refrain from any further use of the Service and delete all copies of any software or documentation obtained from Skeddule.

Reactivation of Suspended Accounts:

• In certain cases, users may be able to rectify the issues that led to their account suspension. Reactivation of the account will be at Skeddule’s discretion and may require an agreement to specific terms.

12. Dispute Resolution

Initial Dispute Resolution:

• Skeddule is committed to resolving disputes amicably and efficiently. If a dispute arises between a user and Skeddule, the parties agree to first attempt to resolve the issue informally. This may include contacting customer support or escalating the matter to higher management within Skeddule.
• Users are encouraged to reach out to us directly with any concerns or issues that may arise, providing sufficient detail to facilitate an effective resolution.

Formal Dispute Resolution:

• In the event that a dispute cannot be resolved informally, users agree to submit the dispute to binding arbitration under the rules of the Arbitration Act of Victoria, Australia, or other applicable legislation.
• Arbitration will be conducted by a neutral arbitrator, appointed in accordance with the aforementioned rules. The arbitrator’s decision shall be final and binding on both parties.

Location of Arbitration:

• Arbitration proceedings shall take place in Victoria, Australia, unless both parties agree to an alternative location.
• Users agree that any arbitration will be limited to the dispute between Skeddule and the individual user, and no arbitration shall be joined with any other case or be conducted on a class-wide basis.

Exceptions to Arbitration:

• Notwithstanding the above, Skeddule may bring a lawsuit for injunctive relief to stop unauthorised use or abuse of the Service or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process.

Governing Law:

• These Terms of Use and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of law principles.

Changes to Dispute Resolution Terms:

• Skeddule reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

13. Modifications to the Terms

Authority to Modify Terms:

• Skeddule reserves the right, at our sole discretion, to amend, change, modify, add, or remove portions of these Terms of Use at any time. We are continuously evolving our services and policies to best meet the needs of our users and to comply with legal and regulatory requirements.

Notification of Modifications:

• Any modifications to these Terms will be communicated to our users via email and/or by posting an updated version on our website. The date of the latest revision will be indicated at the top of the Terms.
• We encourage users to frequently review the Terms to stay informed of our updates.

Acceptance of Modified Terms:

• Continued use of the Skeddule service after any such changes constitutes the user’s acceptance of the new Terms. If a user disagrees with the revised Terms, they have the right to discontinue the use of our services.
• Users are bound by any changes to the Terms when they use the Service after those changes have been posted.

Responsibility to Stay Informed:

• It is the responsibility of each user to review the Terms of Use periodically and be aware of any modifications. By continuing to access or use our Service after any revisions become effective, users agree to be bound by the revised terms.

Impact of Changes:

• Modifications to the Terms will not be retroactive. If there are changes or updates that significantly alter our practices or affect user rights, we will endeavour to provide more prominent notice or obtain consent as required by law.

14. Contact Information

Customer Support:

• For any queries, concerns, or support related to the use of Skeddule’s services, users are encouraged to contact our dedicated Customer Service Team.
• Our support can be reached via email at support@skeddule.com. We strive to respond to all enquiries promptly and efficiently.

Feedback and Suggestions:

• Skeddule welcomes feedback and suggestions for improving our services. Users can share their thoughts and ideas by sending an email to feedback@skeddule.com.
• While we may not respond to every piece of feedback individually, we assure users that their input is valued and will be considered by our team.

Reporting Issues:

• To report any technical issues, security concerns, or potential compliance matters, users should contact us immediately through the above-mentioned customer support email.
• We take such reports seriously and will investigate and address them promptly to ensure the integrity and security of our services.

Business Enquiries:

• For business-related enquiries, partnership opportunities, or media requests, please contact us at hello@skeddule.com. Our business development team will review and respond to such enquiries as appropriate.

15. General Provisions

Entire Agreement:

• These Terms of Use, together with Skeddule’s Privacy Policy and any other legal notices published by us on our website or in connection with the Service, constitute the entire agreement between you and Skeddule. This agreement supersedes any prior agreements or understandings between the parties.

Severability:

• If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

No Waiver:

• No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Skeddule’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment:

• You may not assign or transfer these Terms, by operation of law or otherwise, without Skeddule’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Skeddule may freely assign or transfer these Terms without restriction.

Relationship of the Parties:

• Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Skeddule. Each party shall remain an independent contractor in its performance hereunder.

Notices:

• Any notices or other communications provided by Skeddule under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Force Majeure:

• Skeddule shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Skeddule’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Governing Law:

• These Terms of Use and your use of the Service shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

16. Acknowledgement

Acceptance of Terms:

• By accessing, browsing, or using the Skeddule service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Service.
• Your use of the Service constitutes a legally binding agreement between you and Skeddule Pty. Ltd.

Informed Consent:

• You acknowledge that you have been sufficiently informed about the various aspects of the Service, including its features, functionalities, limitations, and the obligations and conditions set out in these Terms of Use.
• You consent to the practices concerning data collection, processing, and use, as described in our Privacy Policy.

Obligation to Review Terms:

• You acknowledge that it is your responsibility to review these Terms of Use periodically for any changes or updates. Your continued use of the Service after the posting of any amendments to these Terms will signify your acceptance of those changes.

Authority to Agree:

• If you are using the Service on behalf of a business or organisation, you affirm that you have the authority to bind that business or organisation to these Terms and that the business or organisation agrees to be bound by these Terms.

Legal Age and Capability:

• You confirm that you are of legal age to enter into a binding contract and that you have the legal capacity to agree to these Terms. If you are not of legal age or do not have the legal capacity, you must not use the Service.

Final Acknowledgement:

• By using Skeddule’s services, you acknowledge that these Terms of Use represent the entire understanding between you and Skeddule regarding your relationship with us and govern your use of the Service, superseding any prior agreements or discussions.