Terms of service - Updated 14 April 2025

1. Introduction

These terms and conditions govern the use of the NextShift software as a service provided by Taskinator Pty Ltd (ABN 21 666 134 103). By using NextShift, the user agrees to be bound by these terms and conditions.

If you do not agree to these Terms of Service, you shouldn't access (and you don't have our permission to access) the Service.

2. Access to NextShift

NextShift may only be used by the user who has subscribed for the service and has been granted access by Taskinator Pty Ltd. The user acknowledges and agrees to maintain the confidentiality of their account and password, and to restrict access to their computer.

3. User Content

The user is solely responsible for the content stored on NextShift, including but not limited to text, documents, files, images, and videos. Taskinator Pty Ltd does not claim ownership of any user content and the user retains all rights to such content.

4. User Conduct

The user agrees to use NextShift only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of NextShift by any third party. The user shall not use NextShift to store, host, or transmit material that is illegal or that violates these terms and conditions.

5. Intellectual Property

The NextShift software and all related intellectual property rights, including but not limited to patents, trademarks, trade names, trade secrets, copyrights, and other proprietary rights, are and shall remain the exclusive property of Taskinator Pty Ltd.

6. Data Loss Disclaimer

The user acknowledges and agrees that Taskinator Pty Ltd shall not be liable for any loss or corruption of the user's data, including without limitation any loss or corruption of data stored on NextShift. It is the responsibility of the user to regularly backup any and all data stored on NextShift.

7. Limitation of Liability

Taskinator Pty Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use NextShift, or for any loss of data or profits, even if Taskinator Pty Ltd has been advised of the possibility of such damages.

8. Access Management

The user is responsible for managing the access of their users to NextShift. Taskinator Pty Ltd shall not be liable for any unauthorized access to NextShift by the user's users.

9. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction of Australia, and the user agrees to submit to the exclusive jurisdiction of the courts located in the jurisdiction of Australia.

10. Warranty Disclaimer

The NextShift software and services are provided as is and without warranty of any kind, whether express, implied, or statutory. Taskinator Pty Ltd disclaims all warranties, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement. Taskinator Pty Ltd does not warrant that the NextShift software or services will meet the user's requirements, or that the operation of the software or services will be uninterrupted or error-free. The user acknowledges that Taskinator Pty Ltd does not guarantee the accuracy, reliability, or completeness of any information, content, or materials provided through the software or services. The user assumes all risks and responsibilities associated with the use of the software or services, and Taskinator Pty Ltd shall not be liable for any damages arising from the use or inability to use the software or services.

11. Indemnification

The user agrees to indemnify, defend, and hold harmless Taskinator Pty Ltd and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from the user's use of NextShift or any violation of these terms and conditions.

12. Termination

Taskinator Pty Ltd reserves the right to terminate or suspsend the user's access to NextShift at any time and for any reason. The user may also terminate their use of NextShift at any time by providing written notice to Taskinator Pty Ltd. Upon termination, the user's access to NextShift will be immediately revoked, and any user content stored on NextShift may be deleted or permanently removed.

13. Modifications to Terms and Conditions

Taskinator Pty Ltd may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting. The user agrees to review these terms and conditions periodically to be aware of any modifications, and their continued use of NextShift shall be deemed their conclusive acceptance of the modified terms and conditions.

14. Use of User Logos and Branding

a. Grant of Rights: The user hereby grants to Taskinator Pty Ltd a non-exclusive, worldwide, royalty-free license to use, display, and reproduce the trademarks, service marks, trade names, logos, and branding ("Marks") provided by the user to Taskinator Pty Ltd in connection with the user's subscription to NextShift. This license includes the right to display the user's Marks on Taskinator Pty Ltd's website, marketing materials, or other media to signify the user's use of the NextShift service.

b. Quality Control: The user retains all ownership and other rights in the Marks and any associated goodwill. The user shall maintain the quality of the products and services with which the Marks are associated in a manner satisfactory to Taskinator Pty Ltd. Taskinator Pty Ltd may request samples of any use of the Marks and the user agrees to provide these samples at no cost to Taskinator Pty Ltd.

c. Approval of Use: Taskinator Pty Ltd agrees that it shall use the Marks in a manner that is consistent with the user's brand guidelines, as provided to Taskinator Pty Ltd. The user has the right to approve the manner of use of the Marks, which approval shall not be unreasonably withheld.

d. Revocation of Use: The user may revoke Taskinator Pty Ltd's right to use the Marks at any time by providing written notice to Taskinator Pty Ltd. Upon receipt of such notice, Taskinator Pty Ltd will take all reasonable steps to cease use of the Marks as soon as practicable.

e. Indemnification: The user agrees to indemnify, defend, and hold harmless Taskinator Pty Ltd against any claims of trademark infringement, unfair competition, or dilution associated with Taskinator Pty Ltd's use of the Marks as permitted herein.

No Other Rights: Except for the license granted herein, nothing in these terms and conditions shall be construed to grant Taskinator Pty Ltd any right, title, or interest in the user's Marks.