SHIFTFILLA – MASTER PLATFORM TERMS & CONDITIONS

1. Definitions

In these Terms:

• “Platform” means the ShiftFilla website, mobile application, APIs and related services operated by ShiftFilla Limited.
• “ShiftFilla”, “we”, “us” or “our” means ShiftFilla Limited (NZBN 9429053365491).
• “Venue” means any business, sole trader or organisation that posts or offers shifts.
• “Worker” means any individual who accepts or performs a shift as an independent contractor, and not as an employee of ShiftFilla.
• “Users” means Venues and Workers.
• “Sample Contract Version 1.1 2026” means the Casual Shift Engagement Agreement used by the Platform to govern each shift between a Venue and a Worker.

2. Nature of the Platform

ShiftFilla operates a technology marketplace that enables Venues and Workers to discover each other, communicate, enter into contracts, and process payments.

ShiftFilla:

• is not an employer
• is not a labour hire company
• is not a recruitment agency
• is not an agent for any User
• is not a party to any shift contract

All work engagements occur directly between Venues and Workers.

3. Binding Effect of These Terms

By creating an account, accessing the Platform, or accepting a shift, you agree to be legally bound by these Terms.

Electronic acceptance, including ticking a checkbox or clicking an acceptance button, constitutes a legally binding agreement under the Contract and Commercial Law Act 2017 (NZ).

4. Relationship Between Platform Terms and Shift Contracts

Each shift offered and accepted on the Platform is governed by the Sample Contract Version 1.1 2026, which forms a legally binding agreement directly between the Venue and the Worker.

ShiftFilla is not a party to that contract.

These Platform Terms govern:

• access to the Platform
• payments processing
• data storage
• trust and safety
• platform rules

The Sample Contract governs:

• work performed
• pay
• cancellations
• obligations between Venue and Worker

5. No Employment Relationship

Nothing on the Platform creates any employment, agency, partnership or joint venture relationship between ShiftFilla and any User.

ShiftFilla does not:

• control working hours
• set pay rates
• supervise work
• provide training
• provide uniforms
• discipline or dismiss Workers

Workers are engaged by Venues as independent contractors on a per-shift basis.

6. Payments

ShiftFilla provides payment processing technology only.

• All amounts paid by a Venue are owed to the Worker under their contract. ShiftFilla does not pay wages, salaries or employment income.
• ShiftFilla may deduct platform fees or processing charges before releasing funds.

7. Tax, KiwiSaver and ACC

Workers are solely responsible for:

• income tax
• ACC levies
• KiwiSaver
• student loan
• GST (if registered)

Venues are responsible for complying with any obligations that apply to engaging Casual workers. ShiftFilla does not deduct PAYE or make statutory contributions.

8. User Responsibilities

Venues must:

• provide a safe and lawful workplace
• pay the agreed fees
• verify worker eligibility

Workers must:

• ensure they are legally entitled to work in NZ
• perform services competently
• comply with venue safety rules

9. Platform Rules and Trust & Safety

ShiftFilla may suspend, restrict or remove any account for:

• misuse
• abuse
• fraud
• non-attendance
• safety concerns
• breach of these Terms

These actions are platform governance, not employment discipline.

10. Disputes Between Users

All disputes about:

• pay
• performance
• cancellations
• conduct
• working conditions

are between the Venue and the Worker. ShiftFilla may assist with communication but does not determine legal rights.

11. Records and Electronic Contracts

ShiftFilla maintains electronic records of:

• acceptance of these Terms
• acceptance of shift contracts
• contract versions
• timestamps
• user identity
• IP and device data

These records constitute legally admissible evidence under New Zealand law.

12. Limitation of Liability

To the maximum extent permitted by law, ShiftFilla is not liable for:

• lost income
• workplace injuries
• harassment
• theft
• poor performance
• tax errors
• immigration breaches
• disputes between Users

Use of the Platform is at your own risk.

13. Indemnity

You agree to indemnify ShiftFilla against all claims, losses, costs and liabilities arising from:

• your use of the Platform
• any shift you post, accept or perform
• any breach of law or contract

14. Governing Law

These Terms are governed by the laws of New Zealand. All disputes must be resolved in New Zealand courts.

15. Subscriptions & Billing

15.1 Software Access Fees

ShiftFilla offers subscription plans that provide access to digital tools, features and posting limits on the Platform. All subscription fees are fees for software access only and are not fees for labour, recruitment, or work performed.

15.2 Free Trial

All new Users receive 30 days of Pro access from the date of account creation. After this period, the account automatically reverts to the Free plan unless the User upgrades.

15.3 Venue Plans

15.4 Worker Plans

15.5 Billing Cycle

Venue subscriptions are billed fortnightly on start date of subscription. Worker subscriptions are billed monthly on start date of subscription. All subscription fees are charged in advance for the applicable billing period. If a user upgrades mid-cycle, the upgraded plan takes effect immediately and any prorated amount will be charged at that time.

15.6 Upgrades

Users may upgrade their subscription at any time through their profile. Upgrades take effect immediately.

15.7 Downgrades and Cancellations

Users may request to downgrade to the Free plan at any time. The change will take affect on the next billing cycle (depending on billing cycle). During the notice period, the existing paid plan remains active and billed.

15.8 No Refunds for Unused Periods

Subscription fees are non-refundable once a billing period has commenced, except as required by New Zealand consumer law.

15.9 Suspension for Non-Payment

ShiftFilla may suspend or restrict access to paid features if payment fails or is reversed.

16. Credits for Platform Services

16.1 Credits System

ShiftFilla may offer a digital credit system under which Venues purchase credits for use on the Platform to access certain software features and services, including but not limited to posting shifts or job listings.

16.2 Nature of Credits

Credits are a non-cash digital entitlement representing prepaid access to ShiftFilla’s software features.

• Credits are not legal tender or currency; are not stored monetary value; do not constitute funds held on trust; do not earn interest; and have no value outside the Platform.
• Credits are redeemable only for ShiftFilla services as expressly made available on the Platform.
• Credits are non-transferable and may not be sold, assigned, or exchanged between Users.

16.3 Purchase and Use

• Credits must be purchased through the Platform using an approved payment method.
• The number of credits required for each service will be clearly displayed prior to use.
• Once credits are applied to a service, that use is final and cannot be reversed.

16.4 Expiry of Credits

• All credits expire 12 months from the date of purchase.
• The applicable expiry date will be clearly stated on the relevant invoice and/or within the User’s account.
• Any credits not used before their expiry date will automatically lapse and will no longer be available for use.

16.5 Refunds

Credits are non-refundable, including in circumstances where:

• a Venue ceases trading;
• a Venue elects not to use purchased credits; or
• a Venue account is closed or deactivated.

No refunds will be provided for unused or expired credits except where required by applicable New Zealand law.

16.6 Account Closure

If a Venue account is closed, suspended, or terminated for any reason, any unused credits associated with that account will be forfeited and will not be refunded, except as required by applicable New Zealand law.

16.7 Changes to Credits

ShiftFilla may amend the pricing, quantity, or usage requirements of credits from time to time. Any material changes will apply prospectively and will be communicated in advance where required by law.