1. Introduction
These Terms and Conditions ("Terms") govern access to and use of the Shifter platform, including the Shifter website (shifter.money), web and mobile applications, APIs, messaging channels, and related services (collectively, the "Service").
Shifter is operated by Pigeon Estate Pty Ltd ("Shifter", "we", "us", "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
2. Definitions
- Employer / Organisation: A business or entity that creates an account on Shifter to manage workers.
- User: Any individual who accesses the Service, including employers, administrators, site managers, or workers.
- Worker / Employee: An individual added to Shifter by an employer for attendance, payroll, or payout purposes.
- Earned Wage Access (EWA): Access to wages already earned but not yet paid, subject to employer-defined rules.
- Payout Provider: A third-party financial institution or payment rail (e.g. PayShap participants) used to process payments.
- Content: All data, text, messages, files, and information submitted or generated through the Service.
3. Scope of the Service
Shifter provides a software platform that may include:
- Workforce and site management
- Attendance tracking and timesheets
- Wage and remuneration calculations
- Payroll data preparation
- Earned wage access and wage advances (where enabled)
- Payment initiation via third-party payout providers
- Fraud monitoring and operational controls
- Messaging-based interactions (e.g. WhatsApp, Telegram)
Shifter does not act as an employer, bank, lender, or payroll bureau unless explicitly stated in writing.
4. Eligibility and Account Registration
4.1 Employers
Only legally registered businesses may create employer accounts. You represent that:
- You have authority to bind the organisation
- All information provided is accurate and up to date
- You will comply with applicable labour, tax, and payment laws
4.2 Workers
Workers are added by employers. Shifter does not independently verify employment relationships unless required by law.
5. Employer Responsibilities
Employers are solely responsible for:
- The accuracy of employee data and attendance records
- Wage calculations, pay rates, and remuneration rules
- Compliance with labour, employment, and tax laws
- Informing employees about their use of Shifter
- Obtaining any required employee consent
- Decisions to enable or disable earned wage access or advances
Shifter relies on employer-provided data and does not guarantee correctness.
6. Earned Wage Access & Advances
- Earned wage access applies only to wages already earned, subject to employer-defined rules.
- Shifter does not guarantee availability of EWA.
- EWA is not a credit facility unless explicitly stated.
- Optional loans or advances may be subject to additional terms.
- Employers control eligibility, limits, timing, and rules.
Shifter may suspend or restrict access to EWA to manage risk, compliance, or system integrity.
7. Payments and Payouts
- Shifter facilitates payment instructions but does not hold customer funds unless explicitly stated.
- All payouts are processed via third-party payout providers.
- Shifter is not responsible for delays, failures, or errors caused by payout providers.
- Transaction limits, cut-off times, and availability may apply.
- Fees (if any) will be disclosed separately.
8. Messaging and Communications
Shifter may communicate with users via:
- Email
- In-app notifications
- WhatsApp, Telegram, or similar messaging platforms
Messages are service-related unless explicit marketing consent is provided. Users acknowledge that message delivery depends on third-party platforms.
9. Compliance, Monitoring, and Fraud Prevention
Shifter reserves the right to:
- Perform KYB/KYC checks
- Monitor usage patterns
- Flag or block suspicious activity
- Enforce transaction limits
- Suspend or terminate accounts for risk or compliance reasons
These actions may occur without prior notice where legally permitted.
10. Data Protection and Privacy
Personal data is processed in accordance with the Privacy Policy, which forms part of these Terms.
By using the Service, you consent to such processing.
11. Intellectual Property
All intellectual property in the Service, including software, branding, designs, and content (excluding user-provided data), is owned by or licensed to Shifter.
You may not copy, modify, reverse engineer, or distribute any part of the Service without written permission.
12. Acceptable Use
You agree not to:
- Use the Service for unlawful purposes
- Submit false or misleading information
- Circumvent security or transaction controls
- Interfere with system operation
- Use the Service to exploit workers or evade labour laws
Shifter may suspend or terminate access for violations.
13. Suspension and Termination
Shifter may suspend or terminate access:
- For breach of these Terms
- For regulatory or legal reasons
- To protect system integrity or other users
- For prolonged inactivity
Upon termination, access to the Service will cease, subject to legal retention obligations.
14. Service Availability and Changes
- The Service is provided on an "as is" and "as available" basis.
- Shifter may modify, suspend, or discontinue features at any time.
- We do not guarantee uninterrupted or error-free operation.
15. Disclaimers
To the maximum extent permitted by law:
- Shifter does not warrant that the Service will meet all requirements
- Shifter is not responsible for employment disputes, wage disputes, or payroll errors
- Shifter is not liable for third-party service failures
16. Limitation of Liability
To the maximum extent permitted by law, Shifter's total liability arising from the Service will not exceed the fees paid to Shifter in the preceding 12 months (if any).
Shifter will not be liable for indirect, incidental, or consequential damages.
17. Indemnity
You agree to indemnify and hold harmless Shifter from claims arising from:
- Your use of the Service
- Breach of these Terms
- Violation of applicable laws
- Employment or payroll disputes
18. Governing Law
These Terms are governed by the laws of the Republic of South Africa, unless otherwise required by mandatory law.
19. Changes to These Terms
We may update these Terms from time to time. Continued use of the Service constitutes acceptance of updated Terms.