Privacy Policy

1. Parties and Agreement

1.1 These Terms and Conditions ("Terms") govern your access to and use of the Provisoft staff rostering software ("Software") made available through Provisoft ("Website").

1.2 The Software is provided by Provisoft (ABN: 88 611 756 711) ("Provisoft", "we", "us", or "our") to you ("User", "you", or "your") pursuant to a commercial arrangement between Provisoft and the entity that has granted you access to the Software ("Company").

2. Acceptance of Terms

2.1 By completing the registration process and accessing the Software, you:

(a) acknowledge that you have read, understood, and agree to be bound by these Terms; and

(b) warrant that you have the legal capacity to enter into this agreement.

2.2 If you do not agree to these Terms, you must immediately cease accessing the Website and shall not use the Software.

3. User Obligations

3.1 You warrant that all registration information provided is and will remain accurate, complete, and current.

3.2 You must:

(a) maintain the confidentiality and security of your login credentials;

(b) immediately notify Provisoft of any unauthorised access or security breaches; and

(c) comply with all acceptable use policies published by Provisoft.

3.3 You must not:

(a) attempt unauthorised access to the Software or related systems;

(b) impersonate any person or entity or misrepresent affiliations;

(c) disrupt or interfere with the Software's operation;

(d) use the Software unlawfully or in violation of third-party rights; or

(e) reproduce, modify, or commercially exploit any Software content without express written authorisation.

4. Provisoft's Responsibilities

4.1 We will:

(a) provide the Software with reasonable care and skill; and

(b) use commercially reasonable efforts to maintain Software availability, subject to scheduled maintenance and force majeure events.

5. Financial Terms

5.1 All fees are non-refundable.

5.2 Cancellation of subscription services:

(a) may be effected at any time;

(b) will prevent further billing cycles; but

(c) does not relieve payment obligations for the current billing period.

6. Intellectual Property

6.1 All intellectual property rights in the Software, including but not limited to software, designs, data, and trademarks, remain the exclusive property of Provisoft or its licensors.

6.2 Any suspected infringement of intellectual property rights must be promptly reported to info@provisoft.com.au.

7. Privacy and Data Protection

7.1 Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

7.2 You must maintain the confidentiality of any proprietary information accessed through the Software.

8. Monitoring and Termination

8.1 We reserve the right to monitor usage to ensure compliance with these Terms.

8.2 Access may be terminated:

(a) by the Company or Provisoft at any time;

(b) immediately upon breach of these Terms; or

(c) upon cessation of the commercial arrangement between Provisoft and the Company.

9. Liability and Disclaimers

9.1 To the maximum extent permitted by law:

(a) we exclude all liability for consequential, indirect, or special damages; and

(b) our total liability is limited to fees paid in the 12 months preceding the claim.

9.2 Nothing in these Terms excludes, restricts, or modifies any rights or remedies under the Australian Consumer Law that cannot be excluded.

10. General Provisions

10.1 Notices must be emailed to info@provisoft.com.au.

10.2 Feedback may be submitted to the same address.

10.3 We may amend these Terms with reasonable notice. Continued use constitutes acceptance of amendments.

10.4 These Terms are governed by NSW law, with exclusive jurisdiction vested in NSW courts.

10.5 If any provision is invalid, it shall be severed without affecting remaining provisions.