These Roster Elf Pty Ltd ("Roster Elf", "our", we" or"us) Chat Feature Terms & Conditions (“Chat T&Cs”) govern your use of the optional chat functionality (the “Chat Feature”). These Chat T&Cs supplement and form part of the main Terms & Conditions (collectively, the “Agreement”) governing your use of our software and services. Defined terms in the Chat T&Cs have the same meaning as in our main Terms & Conditions unless defined separately herein. If there is any conflict between these Chat T&Cs and the main Terms & Conditions, the Chat T&Cs shall take precedence solely with respect to the Chat Feature.
Please carefully read these Chat T&Cs prior to enabling or using the Chat Feature. By enabling or using the Chat Feature, you agree to be bound by these Chat T&Cs. If you do not accept these Chat T&Cs, you must not use the Chat Feature.
o The Chat Feature is powered by a third-party service, Stream.io, Inc. (“GetStream”). Your use of the Chat Feature is subject to GetStream’s Terms of Service, Privacy Policy, Cookie Policy, Data Processing Addendum, and any other applicable GetStream legal documents (collectively, the “GetStream Terms”):
o By enabling and using the Chat Feature, you agree to comply with and be bound by the GetStream Terms. It is your responsibility to review any updates or modifications that GetStream may make to its terms from time to time.
o If you continue using the Chat Feature after GetStream updates its terms or policies, you accept those changes.
o GetStream (and/or its service providers) may use cookies, beacons, or similar technologies in connection with the Chat Feature. By using the Chat Feature, you consent to the use of such technologies, as further explained in GetStream’s Cookie Statement and Cookie Declaration.
o We do not control and are not responsible for how GetStream (and/or its service providers) implement cookies or process data. We encourage you to review the GetStream Terms for information on their data-collection and handling practices.
o The Chat Feature enables you and your staff or authorised users (“End Users”) to exchange messages, text, images, or other content in real time (“User-Generated Content”). You are fully responsible for the actions, omissions, and content of your End Users.
o You (and your End Users) must not use the Chat Feature other than in accordance with our Acceptable Use Policy.
o You are responsible for any use of the Chat Feature by you or any End Users that does not comply with our Acceptable Use Policy.
o Any use of the Chat Feature by you or any End Users that does not comply with our Acceptable Use Policy may result in you or any End Users being unable to use the Chat Feature.
o If any User-Generated Content violates these Chat T&Cs, the GetStream Terms, the Acceptable Use Policy, or any applicable law, that content may be removed from the Chat Feature without notice. We assume no liability for any failure or delay in the removal of such content.
o We do not endorse, control, or guarantee the accuracy, completeness, or legality of User-Generated Content. You assume all risks and responsibility associated with the use of, or reliance on, any content made available through the Chat Feature.
o You agree that:
o You agree that you are solely responsible for identifying any User-Generated Content that must be deleted in order to comply with applicable laws.
o If you identify any User-Generated Content that must be deleted in order to comply with applicable laws, you:
o We do not guarantee the storage, archival, or backup of any User-Generated Content, including chat messages, files, or other content.
o We do not provide a native download or export function for User Generated Content, including chat conversations. If you require long-term retention of any User Generated Content, you or your End Users must independently capture or back up any content that you or your End Users wish to preserve.
o You may contact us if you require technical support or assistance in relation to the Chat Feature and we will endeavour to assist you on an ad hoc basis. However, you agree that we are not obliged to provide any form of technical support or assistance in relation to the Chat Feature and do not guarantee or warrant that we will able to assist with any issue you may encounter.
o We assume no liability for any direct, indirect, or consequential damages resulting from deleted, lost, damaged or unrecoverable User-Generated Content.
o You agree to indemnify, defend, and hold us harmless, along with our officers, directors, employees, and agents, against any third-party claim, liability, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of, relating to, or in any way connected with:
o We will reasonably notify you of any claim and allow you to control the defence or settlement of such claim, subject to our right to participate with counsel of our choice at our own expense.
o The Chat Feature is provided “as is” and “as available”, without:
o We do not warrant that the Chat Feature will be available, accessible, timely, reliable, uninterrupted, error-free, secure, free of harmful code or will be compatible with any software, system or other hardware or software requirements you or your End Users may have.
o Your and your End Users' use of the Chat Feature is at your (and their) own risk.
o We make no representation or warranty regarding GetStream’s performance, availability, ability to implement repairs or updates or compliance obligations. GetStream may modify, suspend, or stop the Chat Feature at any time without notice.
o You and your End Users should review the GetStream Terms for any additional warranties or disclaimers pertaining to their service.
o We assume no liability or responsibility for the content, accuracy, completeness, legality or reliability of the Chat Feature.
o To the maximum extent permitted by law, in no event will we be liable for any indirect, consequential, special, incidental, or punitive damages, including loss of data, loss of profits, or business interruption howsoever arising, and whether under theory of contract, tort (including negligence), strict liability or otherwise, out of, in relation to, or in connection with, the Chat Feature or your or your End Users' use of the Chat Feature.
o To the maximum extent permitted by law, our total aggregate liability for any claims arising from or related to the Chat Feature will not exceed AUD$500.
o We reserve the right to modify, suspend, or discontinue any aspect of the Chat Feature at any time, including as necessary to comply with changes from GetStream.
o Without limiting any other clause of these Chat T&Cs, we are not liable for any loss or damages that you may suffer or incur due to such events.
o Your and your End Users' access to the Chat Feature may be suspended or terminated if:
o Upon termination of your or your End Users' access to the Chat Feature:
o These Chat T&Cs, together with the main Terms & Conditions and our Acceptable Use Policy, constitute the entire agreement between you and us concerning the Chat Feature.
o If any provision of these Chat T&Cs is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
o Our failure to enforce any right or provision under these Chat T&Cs does not constitute a waiver of future enforcement.
o These Chat T&Cs (and any dispute arising hereunder) are governed by the same law and dispute resolution provisions as stated in the main Terms & Conditions.
o For questions regarding these Chat T&Cs or in relation to the Agreement, please contact us at customersupport@rosterelf.com.
Last Updated: 7 May 2025
