ClickTime AU Terms And Conditions
ClickTime Terms and Conditions (“Agreement”)
* Site https://clicktime.com.au and * ClickTime mobile APP
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Subscription Agreement
This User Agreement (Agreement) is a legally binding agreement and governs the licensing and use of the clicktime software from ClickTime Pty Limited ABN 82 634 648 105 (We, Us or Our). By clicking “I agree” or by using or installing the Software, You (You or Your) acknowledge and agree that You have read and understood the Agreement
We and You agree not to disclose, duplicate or otherwise reproduce, directly or indirectly, each other’s Confidential Information in whole or in part. We and You further agree to use each other’s Confidential Information solely for the purposes of exercising each other’s rights stated under this Agreement or other rights that are clearly contemplated by this Agreement.
Limitation Of Liability
In no event shall ClickTime Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, Clicktime web application, ClickTime Mobile APP, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
Intellectual Property
The Site and its original content, features and functionality are owned by ClickTime Pty Ltd and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Limited License
ClickTime Pty Ltd grants you a non-exclusive, non-transferable, limited license to use the Site , clicktime.com.au & ClickTime mobile APP in accordance with this Agreement
Warranty Disclaimer
Your use of the site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ClickTime Pty Ltd, its subsidiaries, affiliates, and its licensors do not warrant that
a) the site will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Site is free of viruses or other harmful components; or
d) the results of using the Site will meet your requirements.
We are not responsible for and We specifically disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by You or any third party that may be attributable, directly or indirectly, to the Software or to Your use of the Website, ClickTime Web Solution or ClickTime Mobile APP.
We are not liable for any loss or damage that may arise in connection with Your use of the Software or the Website, ClickTime Web Solution or ClickTime Mobile APP and in no event are We liable for indirect, special, incidental or consequential damages or loss of profit or revenue, loss of anticipated savings, loss of chance, loss of opportunity and loss of reputation even if We have been notified of the possibility of such damage and notwithstanding any failure of essential purpose of any limited remedy of any kind.
Third-Party Services
Where ClickTime provides licence verification, accreditation verification, registration verification, or similar compliance-related functionality using information obtained from government agencies, public registers, or third-party databases, ClickTime does not warrant the accuracy, completeness, timeliness, or availability of such information.
The Customer remains responsible for independently verifying licences, registrations, qualifications, certifications, and compliance requirements where required by law or internal policy.
Government Registry Information
Certain features of the Services may rely upon third-party systems, platforms, services, software, application programming interfaces (APIs), telecommunications networks, mapping providers, cloud infrastructure providers, notification services, payment processors, government databases, and external data sources.
ClickTime is not responsible for interruptions, inaccuracies, delays, outages, service failures, data inaccuracies, or changes resulting from the operation or availability of any third-party service.
Third-party providers may modify, suspend, limit, or discontinue their services at any time without notice.
Employee Notifications, Consents and Privacy Compliance
The Customer is solely responsible for obtaining all necessary employee, contractor, and worker consents, authorisations, acknowledgements, and notifications required by applicable privacy, surveillance, workplace, employment, and data protection laws.
Where the Customer enables GPS tracking, geofencing, biometric verification, location recording, licence verification, incident reporting, or similar functionality, the Customer warrants that it has provided all required notices and obtained all required consents before using such features.
ClickTime shall not be responsible for the Customer’s compliance with any employment, workplace surveillance, privacy, or data protection obligations.
Payroll and Award Interpretation Disclaimer
ClickTime provides workforce management, scheduling, attendance, and payroll-support functionality only.
The Customer remains solely responsible for reviewing and verifying all timesheets, payroll calculations, pay rates, allowances, penalties, overtime calculations, award interpretations, leave calculations, taxation obligations, superannuation obligations, and payroll outputs before processing payments.
ClickTime does not provide legal, accounting, payroll, taxation, industrial relations, or employment law advice.
The Customer must independently verify all payroll and compliance outcomes before relying upon them.
Location Services and GPS Accuracy
Location information, GPS coordinates, geofence events, travel calculations, attendance locations, route histories, breadcrumbs, and related location-based services may be affected by factors outside ClickTime’s control, including device hardware, operating system restrictions, battery optimisation settings, network coverage, satellite availability, environmental conditions, user device settings, and third-party software installed on a user’s device.
The accuracy and reliability of location data may also be affected by location spoofing applications, mock location tools, VPN services, privacy or security software, device management software, operating system modifications, rooted or jailbroken devices, or any other application, service, configuration, or technology that alters, restricts, simulates, masks, or interferes with location information.
ClickTime does not warrant that location information will always be accurate, complete, available, uninterrupted, tamper-proof, or suitable for any particular purpose.
The Customer acknowledges that location data should be used as one factor among others when making attendance, payroll, disciplinary, operational, compliance, or employment-related decisions.
ClickTime shall not be liable for any inaccuracies, omissions, delays, discrepancies, or failures in location data resulting from device limitations, user actions, third-party software, operating system behavior, network conditions, or other circumstances beyond ClickTime’s reasonable control.
Beta and Early Access Features
From time to time, ClickTime may make beta, preview, trial, pilot, experimental, or early-access features available to Customers.
Such features are provided on an “as is” basis and may contain defects, errors, limitations, or incomplete functionality.
ClickTime may modify, suspend, or discontinue beta features at any time without notice and without liability.
Force Majeure
ClickTime shall not be liable for any delay, interruption, failure, or inability to perform its obligations where such delay, interruption, failure, or inability results from events beyond its reasonable control, including natural disasters, pandemics, telecommunications failures, internet outages, cyberattacks, cloud service outages, government actions, industrial disputes, acts of war, or other force majeure events.
Service Availability
The Services are provided on an “as available” and “as provided” basis.
While ClickTime uses reasonable efforts to maintain service availability, ClickTime does not guarantee uninterrupted operation, continuous availability, error-free performance, or that the Services will always be available at any particular time.
Scheduled maintenance, emergency maintenance, third-party service outages, internet disruptions, software defects, security incidents, and other events may affect service availability.
Governing Law
This agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of NSW, Australia, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this agreement or any changes to this agreement, do not use, access or continue to access the Site or discontinue any use of the site immediately.
CONFIDENTIAL INFORMATION.
The Website may contain forums where You can post messages and content. If We provide such features, You agree that You are solely responsible and liable for Your use of such areas. You agree not to post any message or content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable or that breaches privacy. You further agree not to infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party nor to impersonate any person or entity or otherwise misrepresents Your affiliation with a person or entity. You may not use the forums for unsolicited promotions, political campaigning, advertising or solicitations.
We may remove any content that breaches this clause or Our Privacy Policy or that We regard in Our sole discretion as objectionable, unsuitable or inappropriate. We are not responsible or liable for any content posted on the forums and We do not screen messages before they are posted to the forums.
COMMUNITY FORUMS AND BLOGS.
We may terminate this Agreement immediately by notice to You if You breach a provision of this Agreement and fail to remedy the breach within 21 days. We may terminate this Agreement on 10 days’ written notice for any reason whatsoever. Either party may terminate this Agreement if the other party becomes or threatens to become subject to any form of bankruptcy or insolvency administration. Upon termination, You are no longer permitted to use the Software and you must immediately cease to use it and delete or destroy all copies of the Software in Your possession. Termination of this Agreement does not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination.
Data Storage, Quotas, and Retention Policy
1.1 Data Quotas by Subscription Tier ClickTime (trading as ClickTime Australia) provides data storage limits (“Storage Quota”) based on the Customer’s subscription tier. The Storage Quota applies to the aggregate volume of all uploaded files and generated metadata, including but not limited to: Site Documents (PDF, Excel, Word), Digital Form uploads, Photo Verifications, GPS Breadcrumb tracking points, Toolbox Talk attachments (Images, Video, Documents), Daily Activity Reports, and Incident Report media.
- Roster, Timesheet, or Advanced Package: 3GB total storage.
- Premium Package: 5GB total storage.
1.2 Automated Data Purging & Retention To ensure system performance and manage infrastructure costs, ClickTime employs an automated data lifecycle management policy. Once a Customer’s Storage Quota is reached, or as part of regular maintenance, ClickTime will automatically purge the oldest non-mandatory data on a “First-In, First-Out” (FIFO) basis.
1.3 The “One-Year Metadata” Policy ClickTime aims to retain supportive data (such as GPS points and not the actual clocked-in and out GPS point, verification photos, and media attachments) for a period of two (1) years, provided the total volume remains within the Customer’s allocated Storage Quota. If the Quota is exceeded prior to the onw-year mark, automated purging will commence regardless of the file age.
1.4 Statutory Record-Keeping vs. Metadata The Customer acknowledges that under the Fair Work Act 2009 (Cth), employers are responsible for maintaining specific “employee records” (e.g., start/finish times, total hours worked, and rates of pay) for a period of seven (7) years.
- ClickTime Responsibility: ClickTime will maintain the core text-based Timesheet and Payroll records required by law for the statutory 7-year period.
- Customer Responsibility: GPS points, verification photos, and general media uploads are classified as “Supportive Evidence” and are not part of the 7-year statutory record. It is the Customer’s sole responsibility to download and archive any supportive media or metadata they wish to retain beyond the 1-year window or once their Storage Quota is reached.
1.5 Excess Usage Should a Customer require storage beyond their allocated Tier Quota, they may be required to upgrade to a higher subscription tier or purchase additional storage blocks. ClickTime reserves the right to suspend upload capabilities if a Customer’s account remains over-quota for more than thirty (30) days.
Subscription Cancellation, Termination and Account Closure
X.1 Cancellation by the Customer
The Customer (Employer) may cancel its subscription at any time by sending an official email to admin@clicktime.com.au or sales@clicktime.com.au
Unless otherwise stated in a separate written agreement, cancellation will take effect at the conclusion of the Customer’s current paid billing period. Subscription fees are non-refundable and ClickTime does not provide pro-rata refunds, credits, or reimbursements for any unused portion of a subscription term.
The Customer remains responsible for all subscription fees, charges, and obligations accrued up to the effective date of cancellation.
X.2 Customer Responsibility to Export Data Prior to Cancellation
The Customer acknowledges and agrees that it is solely responsible for exporting, downloading, printing, or otherwise retaining any Customer Data required for its business, operational, legal, payroll, taxation, employment, compliance, or record-keeping purposes prior to the effective date of cancellation or termination.
ClickTime makes available standard reporting and export functionality during the active subscription period. It is the Customer’s responsibility to utilise these tools before account access is terminated.
ClickTim is under no obligation to provide additional export services, custom reports, database extracts, migration assistance, data conversion services, forensic recovery services, or post-termination access to facilitate data retrieval.
X.3 Immediate Termination of Access
Upon the effective date of cancellation, expiration, suspension, or termination of the subscription for any reason, including non-payment, all access to the ClickTime platform, administrative dashboard, mobile applications, APIs, integrations, and associated services shall immediately cease.
Following termination, neither the Customer nor any Authorized User shall have any right to access, retrieve, modify, download, or view Customer Data stored within the platform unless otherwise agreed in writing by ClickTime.
ClickTime reserves the right, but is not obligated, to restore access to a terminated account at its sole discretion and subject to payment of any applicable reactivation, administration, subscription, or recovery fees.
X.4 Post-Termination Data Retention and Deletion
The Customer acknowledges that ClickTime is not a records management provider, document storage service, or statutory archive facility.
Following termination of the subscription, ClickTime may retain Customer Data for a limited internal operational period of up to thirty (30) days. During this period the Customer shall have no right of access to the data unless otherwise agreed in writing.
Following the expiry of the retention period, or earlier at ClickTime discretion, Customer Data may be permanently, irreversibly, and securely deleted from ClickTime active systems.
The Customer acknowledges that residual copies of data may temporarily remain within disaster recovery systems, backup media, security archives, or backup rotation processes for a limited period before being automatically overwritten in accordance with ClickTime internal data retention procedures.
ClickTime shall have no obligation to preserve, host, archive, maintain, recover, or make available Customer Data after termination unless the Customer has entered into a separate paid archiving agreement under Section Y.4.
X.5 Account Reactivation and Data Restoration
Where Customer Data remains available within ClickTime internal systems following cancellation or termination, ClickTime may, at its sole discretion, agree to reactivate an account or restore access to Customer Data.
The Customer acknowledges that ClickTime is under no obligation to provide account reactivation, data restoration, historical data recovery, or access to archived information following cancellation or termination.
Customers seeking account reactivation, historical data access, or data restoration must submit a written request to ClickTime . Upon receipt of such request, ClickTime may assess the availability of the requested data and, where restoration is technically feasible, provide the Customer with a quotation for the applicable administration, recovery, restoration, reactivation, storage, and/or subscription fees.
Any account reactivation or data restoration service shall be subject to:
(a) payment of all outstanding subscription fees, charges, and amounts owed to ClickTime ;
(b) commencement of a new subscription term at ClickTime then-current pricing (if applicable);
(c) payment in full of all administration, restoration, recovery, reactivation, storage, and related fees quoted by ClickTime; and
(d) ClickTime confirmation that the requested data remains available and recoverable.
No restoration, recovery, reactivation, or data access work will commence until the Customer has accepted ClickTime quotation in writing and all applicable fees have been paid in full.
ClickTime reserves the right to refuse any request for account reactivation or data restoration at its sole discretion.
ClickTime does not guarantee that any Customer Data will remain available following cancellation or termination and shall not be liable if requested data has already been deleted, overwritten, corrupted, archived, or otherwise rendered unavailable.
Where Customer Data has entered the permanent deletion process or has been removed from ClickTime active systems and backup retention cycles, recovery may be impossible and ClickTime shall have no obligation to reconstruct, recreate, recover, or replace such data.
The Customer acknowledges that any account reactivation or data restoration performed by ClickTime constitutes a discretionary commercial service and does not create any ongoing obligation for ClickTime to retain Customer Data beyond the retention periods specified in these Terms.
X.6 Optional Read-Only Archive Access
As an alternative to account termination and data deletion, Customers may request a Read-Only Archive Account for the purpose of retaining access to historical records.
A Read-Only Archive Account may provide limited access to selected historical Customer Data, including timesheets, rosters, payroll summaries, reports, compliance records, and other information determined by ClickTime from time to time.
The availability, scope of access, functionality, storage limits, retention period, and pricing of a Read-Only Archive Account shall be determined solely by ClickTime and may vary based on the volume of data, storage requirements, system resources, and operational considerations.
Customers wishing to obtain a Read-Only Archive Account must contact ClickTime and request a quotation. ClickTime may, at its sole discretion, provide a written quotation outlining the applicable archive hosting fees, administration fees, retention period, and access conditions.
A Read-Only Archive Account shall not become active until:
(a) the Customer has accepted ClickTime’s quotation in writing;
(b) all applicable archive fees, administration fees, and other charges have been paid in full; and
(c) ClickTime has confirmed activation of the archive service.
Unless otherwise agreed in writing, Read-Only Archive Accounts are provided strictly for viewing and reporting purposes and do not permit modification, creation, deletion, import, payroll processing, rostering, mobile application usage, GPS tracking, employee clocking, system integrations, API access, or other operational functionality.
ClickTime reserves the right to modify, suspend, discontinue, refuse, or terminate any Read-Only Archive Account at its sole discretion upon reasonable notice to the Customer.
Where a Customer does not enter into a Read-Only Archive Account arrangement or other archiving agreement with ClickTime, Customer Data may be deleted in accordance with these Terms.
Customer Responsibility for Record Keeping and Data Retention
Y.1 Statutory Record-Keeping Obligations
The Customer acknowledges that it is solely responsible for complying with all applicable laws relating to employment records, payroll records, timesheets, workplace records, taxation records, licensing records, and other business records, including but not limited to obligations arising under the Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth), taxation legislation, superannuation legislation, privacy legislation, and any applicable State or Territory laws.
ClickTime provides workforce management software only and does not assume, accept, or undertake any statutory record-keeping obligations on behalf of the Customer.
The Customer remains solely responsible for ensuring that all records required by law are properly maintained, retained, archived, exported, and stored for the legally required retention period.
Y.2 Technical Limitations on Media, GPS and Verification Data
The Customer acknowledges that certain platform features utilise high-volume media and location-based technologies, including but not limited to:
- Verification photographs;
- GPS coordinates;
- GPS breadcrumb trails;
- Route history mapping;
- Mobile application tracking data;
- Digital form attachments;
- Incident report attachments;
- Daily activity report attachments;
- Video files; and
- Other uploaded media assets.
These features are primarily designed for operational verification and visual review within the ClickTime platform.
ClickTime does not guarantee the availability of automated bulk extraction tools, mass media exports, raw database exports, custom API extraction services, ZIP archive generation, or large-scale retrieval of historical GPS or media assets.
Export functionality may be limited to the reporting tools and formats made available within the platform at the relevant time.
Y.3 Customer Responsibility for Data Preservation
The Customer acknowledges that any data, reports, media files, photographs, attachments, GPS histories, route maps, digital forms, compliance records, or supporting evidence required for future business, legal, employment, regulatory, audit, insurance, or litigation purposes must be independently preserved by the Customer prior to cancellation or termination.
ClickTime shall not be responsible for any loss of data, inability to retrieve historical information, compliance failures, regulatory penalties, employment disputes, legal claims, audit deficiencies, evidentiary deficiencies, or business losses arising from the Customer’s failure to preserve such information before account closure.
Y.4 Optional Extended Archiving Service
Customers requiring long-term retention of historical records, metadata, media files, photographs, GPS tracking information, compliance records, or other archived content may apply for ClickTime Extended Archiving Service.
Extended Archiving Services are subject to separate commercial terms, storage limitations, availability, technical feasibility, and ongoing archive hosting fees.
Archive pricing shall be determined by ClickTime based on storage volume, system resources, and retention requirements.
Requests for Extended Archiving Services must be submitted before the account enters the standard deletion process. ClickTime reserves the right to decline archive requests submitted after cancellation, termination, or data deletion has commenced.
Y.5 Limitation of Liability for Data Deletion
To the maximum extent permitted by law, ClickTime shall not be liable for any direct, indirect, incidental, special, consequential, punitive, regulatory, or economic loss arising from:
(a) cancellation, suspension, expiration, or termination of a subscription;
(b) deletion of Customer Data in accordance with these Terms;
(c) failure by the Customer to export or preserve data prior to termination;
(d) loss of access to historical records, media files, GPS information, payroll records, timesheets, compliance records, or other Customer Data; or
(e) any statutory, regulatory, taxation, employment, payroll, Fair Work, licensing, privacy, or compliance obligations of the Customer.
The Customer acknowledges that compliance with all legal record-keeping obligations remains solely the Customer’s responsibility.
Terminiation
We may terminate this Agreement immediately by notice to You if You breach a provision of this Agreement and fail to remedy the breach within 21 days. We may terminate this Agreement on 10 days’ written notice for any reason whatsoever. Either party may terminate this Agreement if the other party becomes or threatens to become subject to any form of bankruptcy or insolvency administration. Upon termination, You are no longer permitted to use the Software and You must immediately cease to us it and delete or destroy all copies of the Software in Your possession. Termination of this Agreement does not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination.
Contact Us
If you have any questions about this Agreement, please contact us by email in the first instance to admin@clicktime.com.au
