Terms and Conditions

These terms and conditions ("Terms") govern your access to and use of the Crosby Ops platform, websites, and mobile applications (together, the "Service"). The Service is provided by Crosby Ops Pty Ltd, ABN 64 698 286 592 ("Crosby Ops", "we", "us", "our"). By accessing or using the Service, or by being granted an account, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

• Customer means the business that subscribes to the Service.
• Authorised User means an owner, manager, or employee the Customer permits to access the Service.
• Customer Data means the data the Customer or its Authorised Users enter into or generate through the Service, including employee, roster, timesheet, purchasing, and sales data.
• Subscription means the Customer's paid plan to use the Service.

2. The Service and licence

Subject to these Terms and payment of applicable fees, we grant the Customer a non-exclusive, non-transferable right to access and use the Service for its own internal business operations for the duration of the Subscription. The Service is licensed, not sold. We may release updates, add or remove features, and improve the Service over time.

3. Accounts and security

The Customer is responsible for setting up Authorised Users and for all activity that occurs under its accounts. You must keep sign-in credentials confidential, use the Service only through your own account, and notify us promptly at support@crosbyops.com if you suspect any unauthorised access. We may suspend access where we reasonably believe an account has been compromised.

4. Acceptable use

You agree not to, and not to permit any Authorised User to:

• use the Service in breach of any law, award, or regulation;
• upload data you do not have the right to provide, or that infringes another person's rights;
• attempt to gain unauthorised access to the Service or its underlying systems;
• copy, modify, reverse engineer, or create derivative works of the Service, except as permitted by law;
• resell, sublicense, or provide the Service to a third party as a bureau or service; or
• introduce malicious code or interfere with the integrity or performance of the Service.

5. Customer Data and privacy

As between the parties, the Customer owns all Customer Data. The Customer grants us a licence to host, process, and transmit Customer Data as needed to provide the Service. We handle personal information in accordance with our Privacy Policy and the Australian Privacy Principles. The Customer is responsible for ensuring it has the right to provide employee and other personal information to the Service and for the accuracy of pay rates, award classifications, and other inputs it configures.

6. Third-party integrations, and your compliance obligations

The Service connects to third-party services such as Xero and Square at the Customer's election. Those services are provided by their respective owners under their own terms, and your use of them is subject to those terms. We are not responsible for third-party services, their availability, their acts or omissions, or the accuracy of any data they send or receive.

Award interpretation, pay rates, wage-cost figures, forecasts, tax and GST figures, and all other calculations and reports are provided only as tools to assist you and may be estimates or contain errors. The Customer is solely responsible for its compliance with all employment, industrial award, payroll, superannuation, tax and work health and safety laws, and for independently verifying every figure before relying on it, paying staff, lodging with any authority, or making any business decision. To the maximum extent permitted by law, we are not liable for any underpayment, overpayment, penalty, fine, interest, back-pay, or other loss arising from the Customer's reliance on the Service or its outputs.

7. Fees and payment

• Subscription fees are set out in the plan the Customer signs up for and are payable in advance unless agreed otherwise.
• Fees are stated in Australian dollars and are exclusive of GST unless stated otherwise. GST is payable in addition where applicable.
• We may change fees on reasonable notice, effective from the next billing period.
• If payment is overdue, we may suspend the Service after giving notice. The Customer remains liable for fees accrued before suspension or termination.

8. Intellectual property

We and our licensors own all intellectual property rights in the Service, including its software, design, and documentation. These Terms do not transfer any of those rights to you. You may provide feedback or suggestions, and we may use them without obligation to you.

9. Confidentiality

Each party may receive confidential information of the other. Each party agrees to protect the other's confidential information and to use it only to perform its obligations or exercise its rights under these Terms, except where disclosure is required by law.

10. Availability and support

We aim to keep the Service available and to provide support as described on our support page. The Service may be unavailable from time to time for maintenance, updates, or reasons beyond our control. We do not warrant that the Service will be uninterrupted or error free.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded. Where our liability for failing to comply with a non-excludable guarantee can be limited, our liability is limited to resupplying the Service or paying the cost of resupply.

12. Warranties and disclaimers

To the maximum extent permitted by law, and subject to clause 11, the Service and all of its outputs are provided "as is" and "as available", without warranty of any kind. We do not warrant that the Service will be accurate, complete, current, uninterrupted, secure, error free, or fit for any particular purpose, or that its outputs are correct or suitable to be relied on. We disclaim all guarantees, conditions and warranties that are not expressly set out in these Terms. You use the Service, and rely on its outputs, at your own risk, and you are responsible for every decision you make using it.

13. Limitation of liability

To the maximum extent permitted by law, and subject to clause 11:

• we are not liable for any indirect, incidental, special, punitive or consequential loss;
• we are not liable for any loss of profit, revenue, savings, business, production, contracts, goodwill or reputation, any business interruption, any fine or penalty, any loss or corruption of data, or any claim brought against the Customer by an employee, contractor, supplier or other third party (including any underpayment or wage claim); and
• our total aggregate liability arising out of or in connection with the Service and these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the amount of fees the Customer actually paid us for the Service in the three months immediately before the event giving rise to the liability, or one hundred dollars, whichever is the lesser.

14. Indemnity

The Customer indemnifies us, and our officers, employees and contractors, against all claims, liabilities, loss, damage, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with the Customer's use of the Service, its breach of these Terms or of any law, its Customer Data, any reliance on the Service or its outputs, or any claim by an employee, contractor, supplier or other third party in connection with the Customer's business, except to the extent the loss is directly caused by our own proven negligence or wilful misconduct.

15. Term, suspension, and termination

These Terms apply for as long as the Customer uses the Service. Either party may terminate a Subscription on reasonable notice, or immediately if the other party materially breaches these Terms and does not remedy the breach within a reasonable time. We may suspend access for non-payment, suspected security risk, or misuse.

On termination, the Customer's right to use the Service ends. The Customer may request an export of its Customer Data before termination takes effect. After a reasonable retention period, and subject to the record-keeping obligations described in our Privacy Policy, we will delete or de-identify Customer Data.

16. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify the Customer in the app or by email before it takes effect. Continued use of the Service after a change takes effect means you accept the updated Terms.

17. Governing law

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia.

18. General

• If any provision is found unenforceable, the rest of these Terms continue to apply.
• A failure to enforce a provision is not a waiver of it.
• The Customer may not assign these Terms without our consent. We may assign them to a related body corporate or in connection with a sale of our business.
• These Terms, together with the Privacy Policy and the Customer's plan, form the entire agreement between the parties about the Service.

19. Contact

For any question about these Terms, contact:

Crosby Ops Pty Ltd
Email: support@crosbyops.com