End User Agreement
time2u provides a customised scheduling and time management solution for mobile workforces.
This Agreement is entered into between time2u Pty Ltd ABN 41 614 929 734 and You. By accessing the time2u Application(s), you agree to these Terms and Conditions, which include time2u’s Privacy Policy. You should review the Privacy Policy and this Agreement carefully and immediately refrain from accessing or using the time2u Applications if you do not agree to these Terms.
1. Definitions
| Customer | means the legal entity and individuals(s) that accept the terms on any Order Form submitted to time2u |
| time2u Applications | means time2u’s website, mobile application or any application where time2u’s core activities are interacted with, by you |
| User | means any employees, agents, contractors or any other representatives of the Customer, who has been provided with a User Identification and password to access the time2u Applications |
| Your Company | means your employer, agent or head contractor |
2. Registration
You must be a registered User to access the time2u Applications. As an End User (User), you have either registered to use the time2u Applications, or our Customer (your Company) who you have authorised, has provided your details to time2u.
Upon activation, your personal information of name and email address will be supplied to time2u. You must ensure that this information is accurate and current. time2u will handle all personal information collected in accordance with time2u’s Privacy Policy.
time2u provides you with a User Identification and password. You are responsible for keeping these details secure. Furthermore, you are responsible for all use and activity carried out under this User Identification. Your User Identification is non-transferable and cannot be shared within your Company.
3. Your Responsibilities and Obligations
As a User, you agree that:
- The time2u Applications are for your Company’s internal business use only. It is not to be made available for public use and as such you must not display, disclose, sell, resell, transfer, licence, or distribute all or any portion of the time2u Applications to any third party.
- You will never attempt to alter, interfere, disrupt or reverse engineer any function available in the time2u Applications.
- The time2u Applications are web based and as such you must maintain your own contractual arrangements with an Internet provider and/or mobile phone provider. time2u will not be responsible for any loss that may result from your use of the Internet through your provider.
- All data uploaded into the time2u Applications complies with all applicable laws, regulations and codes of conduct. If time2u believes unacceptable content has been uploaded, a request will be made to remove the content. If the content is not removed within the advised timeframe, time2u reserves the right to disable access. time2u will not be liable for any loss incurred by the Customer as a result of your access being disabled.
4. Support
time2u offers email support during normal business hours at support@time2u.com.au time2u will use its best commercial endeavours to respond to queries.
5. Intellectual Property
All Intellectual Property, past, present and future, remains the sole property of time2u. Any Intellectual Property arising from any recommendations, suggestions or customised features requested are owned by time2u.
Intellectual Property includes inventions, improvements, functions, trademarks, designs, copyright, time2u Applications, time2u website, time2u documentations, policies and Agreements.
6. Application Updates
time2u may provide updates (including to correct faults, errors or ‘bugs’) to the time2u Applications. Where such an update is provided:
- it will be made available by time2u, as scheduled by time2u
- by continuing to access time2u’s Applications, you agree to accept such updates, and
- this Agreement will continue to apply.
time2u may release updates which require you to download the new version of the Application. If you do not agree to do so, you may not have access to time2u’s Applications.
time2u is under no obligation to make any updates to (or any new versions of) the time2u Applications, to correct and fix faults, errors or ‘bugs’ or to support or maintain the time2u Applications, whether through providing support, training, error-corrections, modifications, updates new releases or enhancements or otherwise.
time2u will create applications for a limited range of browsers and mobile phones: you must be using a time2u compliant browser and device. time2u will endeavour to stay up to date with modern browsers and devices, however is under no obligation to do so.
time2u collects your location data when using the time2u mobile app, for the purposes of providing job related location data. This occurs when:
- You are interacting with the time2u mobile app and the app is foregrounded and visible
- Up to five minutes after the Clock Off, even if the time2u mobile app is in the background.
Note: time2u does not monitor your location in the background, only on Clock On and Clock Off events.
Read time2u’s Privacy Policy for information about how time2u collects location data from Users.
You may turn off some location collection through your device settings, however some features may not be available as a result.
7. Application Availability
time2u will use its best commercial endeavours to make available the time2u Applications during business hours. However, availability of the time2u Applications is on an ‘as available’ basis. time2u does not represent or warrant that the time2u Applications will be continuously available at any particular time. time2u will not be liable if the time2u Applications are unavailable for any period.
8. Liability
To the maximum extent permitted by law, and notwithstanding any other provision of this Agreement, the total aggregate liability of time2u in connection with the time2u Applications (whether arising under this Agreement or otherwise) will not exceed A$150.
time2u will have no liability to you for any loss or damage that you may suffer or incur from accessing or using the time2u Applications.
9. Indemnity by You
You indemnify time2u against all losses, costs, expenses (including legal expenses), demands or liability, incurred or suffered by you or time2u (or the Customer’s Users) arising from or in connection with:
- Your negligent act or omission, and/or
- any failure by you to comply with these terms and conditions.
10. Termination
- You may cease to use the time2u Applications at any time without notice to time2u.
- We may modify, restrict, terminate or suspend your access to the time2u Applications at time2u’s discretion and at any time and for any period
11. Privacy and Confidential Information
At time of registration, time2u collects your name and email address as a unique identifier and for purposes otherwise set out in time2u’s Privacy Policy.
time2u may disclose that information to third parties that help deliver the time2u Applications (including information technology suppliers, communication suppliers and business partners) or as required by law. If you do not provide this information, time2u may not be able to provide some products and services to you.
Full details of how time2u collects, stores and uses, and how you may access your personal information is outlined in time2u’s Privacy Policy.
12. Governing Law
The law in force in New South Wales governs these terms and conditions and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
13. Force Majeure
In the event which is beyond the control of either time2u or you, neither party will be liable for any delay or failure to perform any obligation under this Agreement. This includes, but is not limited to, natural disaster, industrial action, lockout, riot, war, diminishment of power or telecommunications or data networks or services, or refusal of license by a government agency.
14. Terms of Use
We reserve the right to amend this Agreement at any time. Any amendments shall be effective immediately upon notification through the time2u Applications.
Updated: 25 May 2020