Welcome to www.workshiftly.com. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “WorkShiftly Services”).
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICES OF EMAGEIA (PTY) LIMITED (“Company”). BY ACCESSING OR USING COMPANY’S WORKSHIFTLY SOFTWARE OR SERVICES OFFERING, YOU (“Customer”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/ OR OTHERWISE USING THE WORKSHIFTLY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE WORKSHIFTLY SERVICES.
Company may, in its sole discretion, elect to suspend or terminate access to, or use of the WorkShiftly Services to anyone who violates these Terms. If you register for a free trial of the WorkShiftly Services, the applicable provisions of these Terms will govern that free trial. The original language of these Terms is English. Company may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
"Account” means the primary means for accessing and using the WorkShiftly Services, subject to payment of a Fee designated in the selected Plan.
"Activity” means appointments, tasks, events and actions (such as call, meeting, lunch or a custom type) on a calendar that can be associated with a Deal, a person or an Organization “Authorization” means the set of rights and privileges on the Web Site assigned to a User by a Client.
"Client”: A natural or legal person who has accepted these Terms with the Supplier.
"Client Data” means Files and any other digital data and information, which is subjected to the WorkShiftly Services or otherwise inserted to the System by the Client (including the specific Users, Products, persons, Organizations, Activities, Pipelines, Stages and Deals associated with the Client).
“Content” means any data and information available through WorkShiftly Services or contained within the structure of the System, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments.
“Deal” means a Client’s ongoing, lost or won sales to an Organization or person.
“Fee” means regular payment for using the activated Account.
“Files” means documents of any kind (images, spreadsheets, text files, etc.) that are inserted into the System by the Client, and usually associated with a particular Deal, Person or Organization.
“Free Trial” means temporary access for the purposes of trying out the Web Site and WorkShiftly Services in accordance with any selected Plan without paying a Fee.
"Guidelines” means additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Platform or otherwise made available on or through the WorkShiftly Services.
“Organization” means legal persons (such as companies) and other entities with which that Client is making Deals.
“Emageia” means a Proprietary Company established under the Corporations Act 2001 of Australia, having its principal place of business at Suite 03, 1044A Dandenong Road, Carnegie, Victoria 3163 Melbourne.
"Emageia material” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the WorkShiftly Services.
“Plan” means various criteria related to the use and functionality of the WorkShiftly Services and on which the Fee is based.
“Platform” means the WorkShiftly Human Resource management application.
“Products” means the goods or services that a Client is offering to persons and Organizations.
“Productivity status”: Productive, Unproductive or Neutral status of the websites/applications used by the user.
"Reseller” means third party entity that (i) purchases WorkShiftly Services from Supplier and resells such WorkShiftly Services to Clients, (ii) bills such Clients directly and (iii) provides such Clients with customer service.
“Special Terms” means any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms.
“Stage” means the status of a Deal at a certain point in time.
"System” means the integrated cloud computing solution for providing the WorkShiftly Services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith.
“User” means a natural person granted with the Authorization to use the Account on behalf of a Client.
"Website” means the compilation of all web documents (including images, php and html files) made available via www.workshiftly.com or its sub domains or domains with identical names under other top domains and owned by Supplier.