Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the Clockd kiosk app, staff mobile app, web admin portal and website (together, the “Service”) provided by Clockd(“Clockd”, “we”, “us”). By using the Service you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorised to bind that business.

1. The Service

Clockd provides time and attendance tracking, rostering, leave management, payroll preparation and related workforce tools for restaurants and hospitality businesses. We may add, change or remove features over time.

2. Accounts & eligibility

You must provide accurate account information and keep your credentials secure. You are responsible for activity that occurs under your account and on your registered devices. You must be at least 18 years old to create an administrator account.

3. Your responsibilities

• You will use the Service lawfully and in line with your obligations as an employer, including under the Fair Work Act and applicable workplace, privacy and record-keeping laws.
• You will inform your staff that photos and (where enabled) location are captured at clock actions, and you will obtain any consent required by law before they use the Service.
• You are responsible for the accuracy of the data you enter, including employee details, pay rules and approvals.
• You will not misuse the Service, attempt to gain unauthorised access, or use it to store unlawful content.

4. Customer data & privacy

You retain ownership of the data you and your staff submit to the Service (“Customer Data”). You grant us the rights needed to host and process Customer Data to provide the Service. Our handling of personal information is described in our Privacy Policy.

5. Plans, billing & payment

Some features require a paid plan. Pricing, plan inclusions and billing cycles are as set out in your plan or order. Where billing is based on usage, we count the staff who actually clock in during a billing period, subject to your plan’s minimum. Fees are payable in advance or arrears as specified for your plan. Unless stated otherwise, fees are exclusive of GST.

6. Third-party services

The Service relies on third-party providers (for example, cloud hosting and, if you connect them, Google services). Your use of those services may be subject to their own terms, and we are not responsible for third-party services.

7. Intellectual property

The Service, including its software, design and content (excluding Customer Data), is owned by Clockd and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, modify, reverse-engineer or resell the Service except as permitted by law.

8. Availability

We work to keep the Service available and reliable but do not guarantee uninterrupted operation. We may perform maintenance and may suspend access where necessary to protect the Service or comply with law.

9. Warranties & consumer rights

The Service is provided “as is” to the extent permitted by law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

10. Limitation of liability

To the maximum extent permitted by law, Clockd will not be liable for indirect, incidental or consequential loss, or for loss of profits, revenue or data. Where liability cannot be excluded but can be limited, our total liability is limited to the fees you paid for the Service in the 12 months before the event giving rise to the claim. You remain responsible for meeting your own legal obligations, including correct payment of wages.

11. Indemnity

You agree to indemnify Clockd against claims arising from your breach of these Terms, your Customer Data, or your failure to meet your legal obligations as an employer.

12. Termination

You may stop using the Service and request deletion of your account at any time (see Account & data deletion). We may suspend or terminate access if you breach these Terms or fail to pay fees. On termination, your right to use the Service ends and we will handle remaining data in line with our Privacy Policy.

13. Governing law

These Terms are governed by the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and revise the “Last updated” date. Continued use of the Service means you accept the updated Terms.

15. Contact us

Questions about these Terms? Contact us at support@clockd.com.au.