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 or organisation that posts shifts on the Platform and hosts Workers.
• “Worker” means an individual employed by ShiftFilla as a casual employee and placed with Venues for shifts.
• “Users” means Venues and Workers.
• “Casual Employment Agreement” means the agreement (Version 1.3 2026) between ShiftFilla and each Worker.
• “Account Balance” means money a Venue has prepaid to cover wages and fees for shifts.
• “Worker Information Notice” means the notice published on the Platform explaining pay, tax and leave to Workers.

2. Nature of the Platform and ShiftFilla’s Role

2.1 ShiftFilla operates a technology marketplace that lets Venues and Workers find each other, communicate and arrange shifts.

2.2 ShiftFilla employs Workers and places them with Venues for shifts. ShiftFilla is the Worker’s employer for payroll and legal purposes.

2.3 Venues, not ShiftFilla, set the hourly rate (never below the minimum wage), the hours, the tasks and the requirements for each shift.

2.4 ShiftFilla is not a recruitment agency and is not an agent for any User, except for the payroll and payment functions in these Terms.

3. Binding Effect of These Terms

By creating an account, accessing the Platform or accepting a shift, you agree to be bound by these Terms. Electronic acceptance, including ticking a checkbox or clicking an acceptance button, is a legally binding agreement under the Contract and Commercial Law Act 2017 (NZ).

4. How These Terms Relate to Other Agreements

4.1 Workers are employed under the Casual Employment Agreement, which governs their employment with ShiftFilla.

4.2 Venues agree to these Terms, which govern their use of the Platform, fees, payments, safety and the placement of Workers.

4.3 If these Terms and the Casual Employment Agreement conflict, the Casual Employment Agreement applies to a Worker’s employment.

5. Employment of Workers

5.1 ShiftFilla runs payroll for Workers, deducts PAYE and the ACC earners’ levy, pays the employer’s ACC levies, and keeps wage and time records.

5.2 Workers are casual employees. No shift is guaranteed, a Worker may decline any shift, and each shift is a separate engagement.

5.3 ShiftFilla does not set a Worker’s pay rate or hours. It pays the Worker the rate the Venue sets for the hours the Venue approves.

5.4 Day to day, a Worker follows the Venue’s reasonable and lawful instructions on tasks, safety and workplace rules. The Venue is not the Worker’s employer.

5.5 Employment matters, including discipline and any employment problem, are handled by ShiftFilla under a fair process. A Venue may raise a concern about a Worker or decline to host a Worker, but cannot dismiss or discipline a Worker.

5.6 Where a Venue directed or controlled a Worker’s work and contributed to an employment problem, the Venue may be joined to the Worker’s personal grievance, as the law allows.

6. Venue Responsibilities

A Venue must:

• provide a safe and lawful workplace, including induction, equipment and first aid;
• comply with its health and safety duties, including those it shares with ShiftFilla;
• set lawful pay rates and hours, and give Workers rest and meal breaks as the law requires;
• record and approve hours accurately and on time (section 11);
• not discriminate against, harass or bully Workers;
• report any injury, incident or near miss involving a Worker to ShiftFilla within 24 hours, and cooperate with ShiftFilla, ACC and WorkSafe; and
• not direct Workers to work outside their shift details or in breach of their visa conditions.

7. Worker Responsibilities

A Worker must:

• have a right to work in New Zealand and give accurate, current visa details;
• perform services competently and follow venue safety rules;
• record and report hours accurately; and
• meet their obligations in the Casual Employment Agreement.

8. Right to Work and Visa Conditions

8.1 ShiftFilla checks each Worker’s right to work. Workers must keep their visa details up to date and tell ShiftFilla straight away if their visa or its conditions change.

8.2 Some visas limit how long a person may work for one employer. For those Workers, time worked through ShiftFilla counts as work for ShiftFilla.

8.3 ShiftFilla may decline, restrict or cancel a Worker’s shifts where visa details are missing, expired or do not permit the work, and a Worker’s employment ends automatically when their visa expires or a time limit is reached.

8.4 A Venue must not ask a Worker to work in breach of their visa conditions, and must tell ShiftFilla if it becomes aware of a breach.

9. Pricing and Fees (Venues)

9.1 Joining the Platform is free. There is no subscription and no minimum.

9.2 Venues pay a ShiftFilla service fee of $9.99 per Worker per worked shift, charged when the hours are approved.

9.3 New Venues pay no service fee for shifts worked in the first 30 days after their account is created (the “free period”). Shifts posted during the free period for dates after it ends are also free of the service fee, up to 5 shifts per Venue. After that, the service fee in 9.2 applies.

9.4 There is no service fee for cancelled or unfilled shifts. Multi-day bookings count each date as a separate shift.

9.5 For each shift, a Venue also pays the Worker’s wages at the rate it set, holiday pay, and employer ACC levies at rates shown on the Platform before the shift is confirmed.

9.6 Card payments include a card processing fee so that ShiftFilla receives the full amount due. The fee is shown before payment.

9.7 If GST applies to a fee, it will be shown separately on the Platform and on invoices.

9.8 The Platform shows an itemised estimate of the cost before a Venue posts a shift. It is an estimate and excludes items such as paid sick leave and public holiday premiums.

9.9 ShiftFilla may in future offer optional paid plans with different fees or features. Any plan will be optional.

9.10 ShiftFilla will give at least 30 days’ notice of any change to fees.

10. Payments and Account Balance

10.1 A Venue pays for shifts either from its Account Balance (prepaid) or by card per shift.

10.2 Account Balance: the Venue tops up in advance by bank transfer or card. When a shift is posted, the estimated cost is reserved from the balance. When hours are approved, the actual cost is paid and any unused reserve is released. A cancelled shift releases its reserve in full. The balance cannot go negative.

10.3 Account Balance is held to pay Workers’ wages and fees. It does not expire, is not a Platform credit and does not earn interest. Account Balance is non-refundable, including on account closure.

10.4 ShiftFilla pays Workers from funds received or reserved, and pays a Worker for approved hours whether or not the Venue has disputed another matter.

11. Hours Approval

11.1 After a shift, hours are submitted for the Venue to review.

11.2 The Venue must approve, or dispute, the hours within 48 hours of the end of the shift.

11.3 For event shifts, if the Venue does neither within 48 hours, the hours will be treated as approved at the scheduled shift times, and a late approval fee of 10% of the event’s total booked labour cost will be charged to the Venue. The fee is charged once per event and is retained by ShiftFilla. It does not apply where the Venue raises a dispute within the 48 hours, or where the delay is caused by a fault on the Platform, and it is shown to Venues on the Platform before they approve hours.

11.4 For all other shifts, if the Venue does neither within 48 hours, ShiftFilla will follow up with the Venue so the hours can be approved.

11.5 The Venue may raise a dispute within the 48 hours. ShiftFilla will pay the Worker for any hours not in dispute.

12. Tax, KiwiSaver and ACC

12.1 ShiftFilla deducts PAYE and the ACC earners’ levy from Workers’ pay, and pays employer ACC levies.

12.2 KiwiSaver is optional for casual Workers who are not required by law to be enrolled. A Worker who is eligible and wants to join must opt in by emailing admin@shiftfilla.com. ShiftFilla will then arrange deductions and employer contributions through its payroll provider. If the law requires ShiftFilla to enrol a Worker, for example because their employment continues for more than 28 days in a row, ShiftFilla will do so and tell the Worker.

12.3 Workers must give their IRD number and a completed tax code declaration, and read the Worker Information Notice before accepting shifts.

12.4 Venues are responsible for their own tax and GST.

13. Health, Safety, Injury and Incident Costs

13.1 ShiftFilla and the Venue each have health and safety duties to Workers, which cannot be contracted out of. They will consult and cooperate as the law requires.

13.2 If a Worker is injured at work, ShiftFilla pays first-week compensation as ACC law requires.

13.3 The Venue reimburses ShiftFilla for first-week compensation for any work injury during a shift at its premises, as part of the cost of the Worker’s labour.

13.4 ShiftFilla may invoice the Venue for amounts under this clause, payable within 14 days with supporting evidence.

14. Direct Offers and Introduction Fee

14.1 A Venue must tell ShiftFilla within 7 days if it offers or engages a Worker directly, including through another agency or platform, during the protected period.

14.2 If a Venue employs or engages a Worker directly within 90 days of the Worker’s first shift at that Venue (the “protected period”), the Venue will pay ShiftFilla an introduction fee of $149 plus GST.

14.3 The fee applies only on acceptance or a start date, not on an offer alone. ShiftFilla will ask the Venue to confirm or dispute within 7 days before invoicing.

14.4 The fee is payable by the Venue only. A Worker owes nothing and is free to accept a direct offer, subject to their visa conditions.

14.5 The fee does not apply where the Venue hires the Worker through a ShiftFilla part-time or full-time job listing.

14.6 A Worker may tell ShiftFilla through the Platform when a Venue offers them work directly, with any evidence they choose to share. ShiftFilla checks each report. The Venue does not see the Worker’s report or evidence, and ShiftFilla only contacts the Venue about the introduction fee if the report shows the Worker accepted within the protected period.

14.7 As thanks, ShiftFilla pays a Worker $20 for each report it checks and accepts, limited to one per Venue and two in any 12 months. The thank-you is paid by ShiftFilla, does not depend on whether the Venue pays a fee, and does not affect the Worker’s shifts. Workers must not make false reports.

15. Platform Rules and Trust & Safety

ShiftFilla may suspend, restrict or remove a Venue’s account for misuse, abuse, fraud, non-payment, safety concerns or breach of these Terms. For Workers, decisions about shifts are made under the Casual Employment Agreement, using a fair process. A User may ask for a review under section 23.

16. Disputes

16.1 A Worker’s employment problem is raised with ShiftFilla under the Casual Employment Agreement.

16.2 Disputes about fees, payments or a Venue’s conduct are raised with ShiftFilla at admin@shiftfilla.com.

16.3 ShiftFilla may facilitate communication between Venues and Workers, and will deal with disputes in good faith.

17. Records and Electronic Contracts

ShiftFilla maintains electronic records of acceptance of these Terms and agreements, versions, timestamps, user identity, hours, payments, and IP and device data. These records are admissible evidence under New Zealand law.

18. Promotions

18.1 Venues may post promotions on the Platform for Workers to use. Workers may enter a promotion draw by uploading a receipt from the participating Venue, as set out in the rules for that promotion.

18.2 Each promotion is run by ShiftFilla Limited under its own promotion rules, which set out eligibility, the entry period, how to enter, the prize, how the draw is made and how winners are notified. Those rules form part of these Terms.

18.3 The current promotion gives entrants the chance to win a $50 voucher chosen by ShiftFilla. The prize does not include alcohol.

18.4 Receipts uploaded for a promotion are used only to read text data to check an entry is valid. Images are not stored. See our Privacy Policy.

18.5 ShiftFilla may cancel, suspend or withdraw a promotion before it opens, or at any time where required by law, or where fraud, abuse, technical failure or circumstances outside our control make it necessary. Once a promotion has opened, we will not change its entry conditions except as the law allows.

18.6 Entries that are fraudulent, altered, duplicated or ineligible may be rejected, and ShiftFilla may suspend the accounts involved.

18.7 Venues may not offer additional prizes or change the entry rules of a promotion.

19. Social Events

19.1 ShiftFilla organises social events for Workers, such as nights out, and promotes them on the Platform. The details of each event, including the date, location and any age or other requirements, are shown on the Platform. Venues or other third parties that host an event are responsible for their own licences and legal obligations, including host responsibility.

19.2 Attending a social event is voluntary and at your own risk. Each attendee is responsible for their own safety, conduct, travel and alcohol consumption, and for obeying the law, including the host responsibility rules in the Sale and Supply of Alcohol Act 2012. Alcohol is only for attendees aged 18 or over.

19.3 Attendees must follow reasonable directions from ShiftFilla and the host venue. ShiftFilla may refuse entry to, or remove, anyone from an event, and may suspend an account for misconduct at an event.

19.4 ShiftFilla does not supervise or take responsibility for attendees’ behaviour or alcohol consumption, or for anything that happens before, during or after an event away from ShiftFilla’s control, such as travel to and from the event.

19.5 To the extent permitted by law, ShiftFilla is not liable for any injury, loss, damage or incident arising from or connected with a social event, and attendees are responsible for any injury or incident they cause or are involved in.

19.6 Nothing in this clause limits any liability that cannot be excluded by law.

19.7 By registering for or attending a social event, you confirm that you have read and accept this clause.

19.8 Attendance at a social event is voluntary, is not work and is not paid.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, ShiftFilla is not liable to a Venue for lost profit or income, or for a Worker’s performance.

20.2 Nothing in these Terms limits any right or liability under employment, health and safety, immigration or accident compensation law, or any liability that cannot be excluded by law.

21. Indemnity

A Venue will indemnify ShiftFilla against claims, losses, costs and liabilities arising from the Venue’s breach of these Terms, unsafe premises or practices, or unlawful instructions to a Worker.

22. Changes to These Terms

We may update these Terms. We will notify Users of material changes by email or on the Platform before they take effect, with at least 30 days’ notice of any change to fees. If you continue to use the Platform after the effective date, or accept the updated Terms when prompted, you accept the changes. If you do not agree, you may close your account before the effective date.

23. Suspension and Account Review

A User whose account has been suspended may ask for a review by emailing admin@shiftfilla.com. ShiftFilla will consider the information provided and confirm the outcome in writing within 10 working days. For Workers, employment matters follow the process in the Casual Employment Agreement.

24. Governing Law

These Terms are governed by the laws of New Zealand. Disputes must be resolved in New Zealand, including in the Employment Relations Authority or Employment Court where the law requires.