Terms of service

1. About these terms

• These terms are an agreement between Club Roster ("we", "us", "our") and the business, such as a gym, club or shop, that uses Club Roster ("you", "your business").
• They apply when you sign up, accept a quote from us, or use Club Roster after we've set it up. The person who accepts them for your business must be allowed to make agreements on its behalf.
• If we've signed a separate written agreement with you, that agreement applies where it differs from these terms.
• Club Roster is for businesses. You use it for the purposes of your business, so the Consumer Guarantees Act 1993 doesn't apply, and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 don't apply either. We both agree this is fair and reasonable.

2. The service

• Club Roster is a web app for rostering staff, keeping timesheets and reporting against budgets, and for gyms and clubs, running a class timetable and cover and preparing instructor statements. Each business has its own web address, its own database and its own branding.
• We set you up with you, as described on our website or in your quote: your brand, areas, people and rules, and your stores or your programmes and studios.
• We improve Club Roster regularly, and every business gets the same updates. We won't remove a major feature you use without telling you at least 30 days before.
• Club Roster doesn't take member bookings, run payroll, or connect to other systems, except where we say it does (for example, exporting CSV files).

3. Your team's access

• You decide who can sign in and what each person can see. Your owner and admins manage access.
• Each person signs in with their own email address and a one-time code we email them, so your people should keep their email accounts secure. Remove access for people who leave.
• You're responsible for what's done under your people's sign-ins, and for making sure they use Club Roster properly.
• Don't try to get around Club Roster's security, use it to break the law, or let anyone outside your business use it.

4. Fees and payment

• Fees are as shown on our pricing page or in your quote, in New Zealand dollars plus GST.
• Your plan is set by your team, as our pricing page sets out: for gyms and clubs, the people who can sign in, staff and instructors; for shops, your employees and stores. Anyone archived doesn't count. If you grow past your plan, we'll tell you and move you to the right plan from your next month.
• Some plans are free. We may change or end a free plan with at least 30 days' notice.
• Where a plan has a setup fee, it's charged once, when setup starts, and isn't refundable once we've started setting you up. It's free when you pay for a year up front.
• We invoice monthly in advance, or yearly in advance for annual plans. Invoices are due within 14 days.
• If an invoice is more than 14 days overdue, we may pause your access after giving you 7 days' notice. We'll restore it as soon as the invoice is paid.
• We may change our prices with at least 30 days' notice. The price of time you've already paid for doesn't change.

5. Ending the service

• You can stop at any time by emailing us. A monthly plan ends at the end of the month you've paid for. An annual plan runs to the end of the year you've paid for and isn't refunded, except where the law requires it or where we end the service for a reason other than your breach.
• Either of us can end this agreement if the other seriously breaches it and doesn't fix the breach within 14 days of being told.
• We can stop providing Club Roster to you with at least 60 days' notice. If we do, we'll refund anything you've paid for the time after it ends.
• After the agreement ends, we keep your data for 30 days so you can download it, then delete it (see section 6).

6. Your data

• Everything you put into Club Roster belongs to you ("your data"). That includes your people's details, rosters, timesheets, pay, fees and budgets.
• We use your data only to provide, support, secure and improve Club Roster for you, and when the law requires it. We don't sell it, use it for advertising, or use it for any other business.
• Your owner and admins can download a full backup at any time, and reports export as CSV. We recommend keeping your own copies.
• We hold your data on your behalf, as your service provider under the Privacy Act 2020. You're responsible for collecting it lawfully and telling your people how it's used. Our privacy policy explains what we do with it.
• When the agreement ends, we keep your data for 30 days so you can download it, then delete it. Recovery copies held by our hosting provider are gone within a further 30 days.

7. Security and privacy breaches

• We take reasonable steps to keep your data safe. Each business has its own database, access is limited by role, every change is logged, and sign-in codes are stored scrambled.
• If we learn of a breach affecting your data, we'll tell you without undue delay and help you respond, including with any notice to the Privacy Commissioner and to your people.

8. Your responsibilities as an employer

• Club Roster helps you roster, and flags things to check, like breaks, rest between shifts, public holidays, minimum wage and guaranteed hours. Those checks are an aid. They aren't legal, payroll or employment advice.
• You stay responsible for paying people correctly and on time, keeping wage, time, holiday and leave records, and meeting your obligations under New Zealand employment law, including the Employment Relations Act 2000, the Holidays Act 2003 and the Minimum Wage Act 1983.
• Whether someone is an employee or a contractor is for you to decide. Club Roster treating a gym's instructors as contractors isn't advice about anyone's status.
• Check pay, timesheets and invoices before you rely on them.

9. Availability and support

• We aim to keep Club Roster available at all times, but it may sometimes be unavailable, for maintenance or because of problems with our hosting provider or the internet. We'll tell you before planned work that might interrupt it.
• Support is by email at hello@clubroster.co.nz on New Zealand working days. We aim to reply within one working day.

10. Intellectual property

• We own Club Roster: its software, design and content. You may use it while this agreement lasts.
• You own your data, name and brand, and let us use them to provide Club Roster to you (for example, your logo in your app). We won't name you publicly as a customer without your OK.
• If you give us suggestions or feedback, we can use them freely to improve Club Roster.

11. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for this agreement, and share it only with people who need it for this agreement (like our hosting provider), unless the law requires otherwise.

12. Liability

• Nothing in these terms limits liability that the law doesn't allow to be limited.
• Club Roster is provided as it is at the time. Apart from what these terms say, we don't promise it will be free of errors or meet every need you have.
• If your data is lost or damaged because of something we did, we'll restore it from the most recent copy available to us.
• We're not liable for loss of profits, revenue or goodwill, or for any indirect or consequential loss.
• Our total liability to you in any 12 months, however it arises, is limited to the fees you paid us in those 12 months.

13. Changes to these terms

We may update these terms. We'll tell you about important changes at least 30 days before they take effect. If you don't agree with them, you can stop using Club Roster before they do.

14. General

• New Zealand law governs these terms, and the New Zealand courts can decide any dispute. Before going to court, we'll both try to sort out a problem by talking it through.
• We may transfer this agreement to a business that takes over Club Roster, and will tell you if we do. You need our OK to transfer it.
• If part of these terms can't be enforced, the rest still applies. If we don't enforce something straight away, we can still enforce it later.
• We'll send notices to the email address you give us. Send yours to hello@clubroster.co.nz.

15. If you use Club Roster through your work

If you're on the team of a business that uses Club Roster, that business gives you access, and its arrangements with you apply. Keep your email account secure, use Club Roster only for its work, and don't try to get around its security. Our privacy policy explains how your information is handled.

16. This website

This website describes Club Roster in general terms, and the clubs, shops and people in its screenshots are made up. We try to keep it accurate, but it may change, and it isn't part of these terms except where they refer to it, like our pricing.

Contact

Questions about these terms: hello@clubroster.co.nz.