Terms of Use for Noover Services (“Terms”)

Table of Contents

 

1. General

  1. These Terms of Use constitute a legal agreement between you (“you”/”your”) and Noover Pty Ltd, ABN 57 664 215 865 (“Noover”, “we”, “us”) in respect of your use of the Noover website – https://noover.com (“Website”) to purchase the Services.
  2. Capitalised words used in these Terms have the meanings provided for in clause 3 (Definitions).
  3. When you register for the Services through the Website, you acknowledge that you have read, understood and agreed to these Terms and that these Terms govern your access to and use of the Website and the Services.  
  4. Please read these Terms carefully, as they are a legally binding agreement between you and Noover and they will take effect as soon as you use or access the Website and register to use the Services. These Terms contain important information regarding your legal rights, remedies, obligations, liability limitations and exclusions. If you do not agree to these Terms, you must not access or use the Services.
  5. These are the current Terms, and they replace any other terms of use previously published on the Website. The current version of the Terms will always be available on the Website. We encourage you to check our Website regularly as any updated Terms will be available on our Website.
  6. Noover may change these Terms or modify any features of the Website or the Services at any time. If Noover makes any updates, modifications or changes to these Terms, we will tell you what the changes are, and you will be asked to accept the updates, modifications or changes when you next use the Services via the Website. If you do not accept the update, modification or change, you are free to discontinue to use the Website and the Services and close your Account.
  7. Please read the Noover Privacy Policy, available at https://noover.com/privacy-policy.html to understand our practices regarding our collection and management of Your Data. When you register to use the Services, you indicate that you understand and consent to the collection, use, and disclosure of Your Data in accordance with the Noover Privacy Policy and these Terms.  

2. What is Noover?

  1. Noover is a service that can be accessed through the Website, that allows Account Holders to:
    1. access and pay for Vehicle parking via the Website at participating Parking Facilities; and
    2. reserve a vehicle parking space (only in Parking Facilities where the Parking Operator makes this available).
  2. To use the Services, you will need to register for and create an Account via the Website at https://noover.com.

3. Definitions

Capitalised words have the following meanings in these Terms:

  1. “Account” means the account you have registered with Noover via the Website, which are used to enable you to access the Services in accordance with these Terms.
  2. “Account Holder” means the person who has registered for the Account through the Website.
  3. “Account ID Information” means the username and password that you provide to Noover when you register to access your Account and the Services.
  4. “Account Application” means all the information you provide in the data collection screens that you complete when you register to use the Services.
  5. “Business Hours” means the business hours of Noover, which are 08:30 to 17:00, on Business Days.
  6. “Business Day” means a day which is not a Saturday, Sunday or public holiday in Hobart, Tasmania, Australia.
  7. “Card Surcharge” means any fee that may be charged by the Payments Processing Provider for credit card or debit card payments, for processing a Transaction, as notified by Noover to you prior to payment.
  8. “Force Majeure Event” means an event or cause to the extent that the event or cause is beyond the reasonable control of the affected party such as the following:
    1. act of God, lightning, storm, flood, fire, earthquake or explosion, cyclone, tidal wave, landslide or adverse weather conditions;
    2. act of public enemy, war (declared or undeclared), terrorism, sabotage, blockage, revolution, riot, insurrection civil commotion, epidemic or pandemic; or
    3. telecommunications, internet service provider or power outage or interruption.
  9. “Funds” means the amounts charged to you in respect of each Transaction.
  10. “GST” means the tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
  11. “Intellectual Property Rights” includes present and future intellectual and industrial property rights conferred by statute, at civil, common law or in equity including:
    1. copyright;
    2. design, patent, trademark, semiconductor, circuit layout, database rights or plant breeder rights (whether registered, unregistered or applied for);
    3. trade, business, company or domain name;
    4. know how or inventions, processes (whether in writing or recorded in any form); and
    5. all other rights in respect of intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967, and includes any right to licence and sub-licence any of the above.
  12. “Licence” means the licence granted to you to use the Services under clause 6 of these Terms.
  13. “Nominated Card” means a valid financial transaction card, the details of which you have provided in your Account (during your registration) and which you have authorised Noover to charge for Transactions (through the Payment Processing Provider’s payment platform) in accordance with these Terms.
  14. “Noover” means Noover Pty Ltd, ABN 57 664 215 865, trading as ‘Noover’ of Level 5, 81 Elizabeth Street Hobart TAS 7000.
  15. “Noover Device” means the electronic device that is installed in each barrier gate controller at a Parking Facility and which interacts with Your Account to calculate the length of time of the Parking Event and to, among other things, raise the barrier gate.
  16. “Parking Event” means the use of a Parking Operator’s Parking Facility as determined by an arrival and departure time of a Vehicle, as calculated by the Noover Device.
  17. “Parking Facility” means a facility at which drivers pay to park their motor vehicles and at which Noover may be used by drivers.
  18. “Parking Operator” means any entity that operates and manages a Parking Facility and that has entered into an agreement with Noover which authorises Noover to provide the Services to Account Holders with Noover.
  19. “Parking Operator’s Rules” means the rules of operation, access, use and payment of fees, that the Parking Operator notifies drivers of when drivers park at and pay for parking at the Parking Operator’s Parking Facility.
  20. “Parking Rate” means a rate that is payable for a specified period of parking that the Parking Operator generally charges to drivers for parking at the Parking Facility.
  21. “Parking Subscription” means the use of a Parking Operator’s Parking Facility on a monthly subscription basis through the Website.
  22. “Payment Processing Provider” means the provider of the authorisation and payment platform for the processing of Transactions concluded through your use of the Website for the purposes of facilitating payment to Noover.  
  23. “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
    1. whether the information or opinion is true or not; and
    2. whether the information or opinion is recorded in a material form or not.
  24. “Service Fee” means (as applicable):
    1. the fee imposed in respect of a Parking Event by Noover for access to, and use of, the Services in accordance with these Terms as advised by Noover to you prior to entry into the Parking Facility and on the Website; or
    2. the fee imposed in respect of a Parking Subscription by Noover for access to, and use of, the Services in accordance with these Terms as advised by Noover on the Website.
  25. “Services” means the products and services made available to you by Noover in accordance with these Terms, that can be accessed through the Website, that allows you (on registration) to:
    1. access and pay for vehicle parking at Parking Facilities; and
    2. access any other services that may be offered or provided to you in accordance with these Terms, from time to time.
  26. “Transaction” means your payment through the Website of Funds for:
    1. (if applicable) a single use of a Parking Facility for a Parking Event (calculated at the applicable Parking Rate set by the Parking Operator); or
    2. (if applicable) a Parking Subscription in respect of a Parking Facility (calculated at the applicable Parking Rate per month as set by the Parking Operator);
    3. any applicable Card Surcharge; and
    4. the Noover Service Fee
  27. “Vehicle” means a motor vehicle that carries a current Australian vehicle registration number plate and that you have asked Noover to associate with your Account.
  28. “Your Data” means any data or information that you upload, submit or otherwise make available to, or becomes available or accessible through your use of the Services, and the Website, including your name, your Vehicle registration number, your Account ID, information collected to open your Account, Account statements, your global positioning system (GPS) data, receipts, or information regarding your Account use.

4. Register to use Noover Services

  1. To use the Services, you will need to register and create an Account via the Website. You can call the Noover Call Centre on 0362 311 866 during Noover's Business Hours with queries regarding the Account registration process.
  2. By registering to use the Services and creating an Account, you authorise Noover, directly or through third parties, to make any reasonable inquiries we consider necessary to help verify or confirm your identity or prevent fraud.
  3. When you register to use the Services, you represent that you are at least 18 years old and capable of entering into a legally binding agreement with Noover and that, if you are representing an entity, you have agreed to these Terms as an employee or agent of such entity with all necessary authority to bind the entity to these Terms.
  4. When you register to use the Services, you will be asked to provide information via the Account Application, which may include:
    1. your full name, email address and other contact details;
    2. a username and password that will be associated with and give access to your Account;
    3. information to enable the Payments Processing Provider to process your Transactions;
    4. the make of the Vehicle that you intend to park at a Parking Facility, the current Australian vehicle registration number of that Vehicle and a mobile phone number that will be associated with that Vehicle registration number. You may associate more than one Vehicle with your Account; and
    5. any other information which Noover determines is reasonably necessary to manage, and protect the security of, your Account.
  5. You will, in most cases, be able to use the Services and complete a Transaction as soon as you have created an Account. Noover will not however be responsible for any delays in or interruptions to your access to or use of the Services caused by any third parties outside of Noover’s reasonable control.

5. Security and acceptable activity

  1. When you create an Account, you agree:
    1. that the Account may only be accessed by you and is non-transferable;
    2. that you are entirely and solely responsible for all use and activity (including payment for Parking Events) that occurs on your Account through the use of your Account ID Information, via the Website;
    3. to maintain the security and secrecy of your Account ID Information at all times. You must not authorise or permit any other person to access your Account and you must protect and keep your Account ID Information strictly confidential;
    4. to immediately notify Noover if you become aware of any unauthorised use or possible breach of security of your Account or Account ID Information - such as loss, theft, misuse or unauthorised disclosure or use of a password;
    5. that in nominating a Vehicle to be associated with your Account, the Funds will be automatically deducted from your Nominated Card if a Parking Device detects that the Vehicle has completed a Parking Event. You are liable for a Parking Event of the Vehicle, even where another person is driving the Vehicle;
    6. to keep the details associated with your Account accurate, complete and up-to-date, including:
      • each Vehicle’s registration details;
      • your name, address and associated mobile phone number; and
      • Nominated Card details;
    7. to comply with all applicable Federal, State and local laws, regulations and rules when you use the Services;
    8. to only use the Services for lawful purposes;
    9. that you or the person driving the Vehicle, must comply with the Parking Operator’s Rules when the Parking Facility is used for a Parking Event or a Parking Subscription; and
    10. that Noover may from time to time access your Account (but not your Nominated Card details, which are only accessed by the Payments Processing Provider) in order to respond to your support requests.

6. Licence to use the Website and the Services

  1. Subject to your compliance with these Terms, Noover grants you and you accept a revocable, non-exclusive, non-transferable limited licence to access and use:
    1. the Website and all supporting software;
    2. the Services; and
    3. any content, information and related materials that Noover makes available to you in accordance with these Terms,
    for personal use only.
  2. You acknowledge that there is no title passed to you by Noover in the Website or the Services. Title to and ownership of the Website, the Noover brand and logo (and all associated Intellectual Property Rights) and all modifications (and all copies and portions) vest in Noover.
  3. All trade marks and logos displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws.

7. Using Noover Services

  1. You must ensure that all contact and payment information (e.g. email, Nominated Card number, etc.) you provide to Noover in your Account is accurate and not misleading and that you keep such information up to date.
  2. We are entitled, without notice and without liability, to suspend the Services for the purposes of reasonably required repair, maintenance, improvement or other technical reasons at any time and we will use reasonable endeavours to give you as much notice as possible of any such suspension.
  3. Each Vehicle associated with your Account, must have vehicle registration plates that conform to applicable laws and regulations and are displayed at the front and back of the Vehicle or as otherwise required by applicable laws and regulations.
  4. You will retain all right, title and interest in and to Your Data and Personal Information in the form provided to Noover. Subject to these Terms, upon registration you grant to Noover a non-exclusive, worldwide, royalty-free right to collect, use, copy, store and transmit Your Data, in each case solely to the extent necessary to provide the Services to you or otherwise in accordance with these Terms.
  5. Notwithstanding clause 7.4, Noover may use information about your use of the Services to generate anonymised, de-identified and analytical data (Analytical Data) and use such Analytical Data for Noover’s internal research and product development purposes and to conduct statistical analysis and identify trends and insights. Noover retains all right, title and interest in and to the Analytical Data.
  6. Noover does not access, retain or store your Nominated Card details, however your Nominated Card details will be accessed, stored and held by the Payments Processing Provider.
  7. You acknowledge that any access to the Website is dependent on third parties like telecommunication providers and internet service providers and that Noover does not guarantee the continuous connection or access by you in respect of the Website. Noover will take all reasonable steps to protect all information collected by Noover through the Website from misuse, loss, unauthorised access, modification or disclosure.
  8. You will not and will not allow or enable any other party to:  
    1. use the Website, the Services or your Account in any way that is in breach of or inconsistent with these Terms;
    2. translate, attempt to discover source code, modify, enhance, reverse engineer or re-engineer any part of the Website or the Services;
    3. provide, resell or resupply copies of, license, sublicence or grant any of your rights to use the Website or the Services to a third party (other than as permitted under these Terms);
    4. remove, alter, sell or otherwise deal with the Intellectual Property Rights in the Website or the Services (other than as permitted under these Terms); and/or
    5. alter features or functionality of the Website or the Services.

8. How do you pay for a Parking Event and other Transactions?

  1. When you register for an Account, you will be required to provide the Payments Processing Provider with details of your Nominated Card that will be associated with your Account, which will then be used to process your Transactions. You warrant that the credit card information that you provide will at all times be correct, valid and current and you are authorised to provide such information to the Payment Processing Provider. You must not use the Services in the absence of a Nominated Card.
  2. The Payments Processing Provider will use the details of your Nominated Card to process your payment for a Parking Event as soon as a Vehicle is detected as completing a Parking Event or your payment for a Parking Subscription (if applicable). By providing details of your Nominated Card, you authorise the Payments Processing Provider, to debit your Nominated Card for the Transaction (including any applicable GST, any applicable Card Surcharge and the Noover Service Fee).
  3. You may change or update the details of your Nominated Card by accessing the settings on your Account in the Website. The Payment Processing Provider will use your most recent Nominated Card details when it processes a Transaction.
  4. You agree to provide Noover with 24 hours prior notice if your Nominated Card expires or its details are changed in any other way within your control, and as soon as reasonably practicable after Your Nominated Card is cancelled, stolen or suspended, or its details are changed for a reason beyond your control and without your prior knowledge. You can notify Noover via the Website or by calling the Call Centre on 0362 311 866 during Noover’s Business Hours.
  5. You agree to notify Noover as soon as reasonably practicable after becoming aware that the Vehicle nominated in your Account, or that Vehicle’s registration number plate, is lost or stolen and you acknowledge that you are liable for any Transactions that occur in respect of that Vehicle until the time that you notify us. After you have notified us of a lost or stolen Vehicle or registration number plate, we will deactivate the Vehicle from your Account as soon as reasonably practicable.
  6. When you choose to use the Services to make a Transaction, you owe the obligation to pay the Funds for the Parking Event or Parking Subscription directly to the Parking Operator and not to Noover. Noover will charge you the Funds (through the Payment Processing Provider’s payment platform) as the agent of the Parking Operator and the Payment Processing Provider and Noover will remit the Funds to the Parking Operator (for the Parking Event or Parking Subscription) and to the Payment Processing Provider (for the Card Surcharge, if applicable), minus the Service Fee.
  7. In the case of a Parking Event, if a payment is not made successfully and Funds are not received at the time a Vehicle is detected as completing a Parking Event – you may be permitted to leave the Parking Facility (at the discretion of the Parking Operator), but if you do not make payment for the Parking Event directly to the Parking Operator at that time through other channels, then:
    1. you will owe the Funds to the Parking Operator for that Parking Event; and
    2. the Parking Operator is entitled to enforce any rights it may have against you under the Parking Operator’s Rules, including any rights it may have in relation to unpaid debts.

9. Transaction Receipts

  1. Noover makes Transaction statements for your Account available for viewing on the Website within your Account. Online statements through the Website will be available in relation to the previous 30 days. You do not pay any fees to access receipts or Account statements. If you wish to access statements prior to this period, you can call the Call Centre on 03 6231 1866 during Noover’s Business Hours.
  2. Transactions will appear in your Nominated Card statement as a charge by the Parking Operator.

10. Fees

  1. You acknowledge that the Funds applicable to each Transaction include a Service Fee for access to and use of the Services, and may include a Card Surcharge where payment is made by credit card or debit card.
  2. Service Fees will be notified to you prior to entry into the Parking Facility and on the Website. Service Fees will apply to each Transaction associated with your Account and will be automatically deducted from your Nominated Card each time a Transaction is processed by the Payment Processing Provider.
  3. Card Surcharges will be notified to you prior to entry into the Parking Facility and on the Website. Where Card Surcharges apply to a Transaction associated with your Account, the applicable Card Surcharge will be automatically deducted from your Nominated Card each time a Transaction is processed by the Payment Processing Provider.

11. Payment Processing Errors

  1. If you have any queries regarding processing of your Transactions, you should contact the Noover Call Centre on 03 6231 1866 during Noover’s Business Hours.

12. Privacy

  1. Any personal information that we collect through the Website, through your Account or otherwise through our dealings with you, will be handled in accordance with our Privacy Policy. If you would like to know more or would like a copy of our Privacy Policy, please see https://noover.com/privacy-policy.html.

13. Responsibility for Your Data

  1. You represent and warrant that:
    1. you have obtained all necessary rights, releases and permissions to provide Your Data to Noover in accordance with these Terms; and
    2. Your Data and its transfer to and use by Noover, as authorised by you under these Terms does not violate any applicable laws or rights of any third party, including without limitation any Intellectual Property Rights, rights of privacy, or rights of publicity.

14. Parking Operators’ Rules

  1. Noover does not own, operate or manage any of the Parking Facilities and does not represent or endorse and is not liable or responsible for, any actions of a Parking Operator, the operation, health and safety standards or quality of a Parking Facility. Your rights in these regards are against the Parking Operator.
  2. You acknowledge that as the Account Holder, it is your responsibility to ensure that the driver of the Vehicle (which may or may not be you), complies with all relevant laws, regulations and Parking Operator’s Rules when they use a Parking Facility. You also agree that you, as the Account Holder, are responsible for understanding and making yourself aware of the Funds charged to you when a Vehicle is detected as completing a Parking Event or for a Parking Subscription (if applicable).
  3. You acknowledge that from time to time, the information available on the Website regarding the operation or terms of parking at a Parking Facility, may be different from the Parking Operator’s Rules or any other information displayed by the Parking Operator at the relevant Parking Facility. This may, for example, be information about opening hours or different or special, short term event parking restrictions or parking rates. You agree that if this occurs, the Parking Operator’s signage will apply to parking at that time and that Noover will not be liable to you for any difference between the information available on the Website and the terms displayed by the Parking Operator.

15. Limitation of Liability

  1. To the extent permitted by law, Noover will not be liable for any direct, indirect, incidental, consequential, special or other damages (including for loss of profits, goodwill, information, data or other intangible losses) that you or others may suffer arising out of:
    1. loss of connection or network;
    2. unauthorised access to or alterations of your transmissions to or from the Website;
    3. activities resulting from the loss or misuse of your Account ID Information, password or other Account information;
    4. statements or conduct of any third party including any content, material on, or linked to any third party websites;
    5. your use of or reliance on the Website or the Services;
    6. your inability to access or use the Website or the Services; or
    7. delays or failures caused by the Payments Processing Provider,
    except to the extent that the relevant liability or loss was caused by Noover or Noover’s employees or agents.
  2. Without limiting the above, Noover shall not be liable for delays, interruptions, service failures and other problems inherent in the use of the internet and electronic communications or other systems (including the Payment Processing Provider’s, or any other third party’s processing and payment systems) outside Noover’s reasonable control.
  3. Noover makes the Website and the Services available to you in accordance with these Terms, to enable you to pay Parking Operators for Parking Events.
  4. Noover does not provide and is not in any way liable for, any financial or tax advice to you (or any business or entity that you represent when you agree to these Terms) in respect of any of the Services provided by Noover.
  5. You acknowledge and agree that if you permit or authorise another person to use your Account in any way, you are responsible for the actions taken by that person.
  6. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot be excluded, restricted or modified by agreement.
  7. Noover endeavours to take reasonable care to ensure the Website and the Services remain error-free and up-to-date. Every effort is made to keep our Website up and running smoothly. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Noover’s reasonable control.

16. Contact Us

  1. If you would like to speak to or contact someone from Noover about any aspect of the Website or the Services, please contact Noover:
    1. by phone at the Noover Call Centre: 03 6231 1866 during Business Hours;
    2. by email: support@noover.com; or
    3. by mail at: GPO BOX 1688, Hobart TAS 7000
  2. A “Contact Us” form is also available on the Website where you are able to complete the details of your specific query and email them to us at the above email address.

17. Termination or Suspension

  1. Noover may suspend or terminate your access rights to the Services and discontinue your Account if:
    1. you misuse the Website or any of the Services in any way in breach of these Terms or any applicable Laws;
    2. you or any other person misuses your Account, including any fraudulent activity relating to your Account;
    3. you breach these Terms;
    4. you or the entity you have agreed to these Terms on behalf of, becomes bankrupt or insolvent or are otherwise unable to meet your financial obligations; or
    5. an amount owing for a Parking Subscription remains unpaid for 14 days after the due date for payment,
    and either the non-compliance cannot be remedied or you do not remedy the non-compliance within 14 days after Noover gives you notice to remedy the non-compliance.
  2. Noover may also suspend or terminate your access rights to the Services and discontinue your Account if Noover is unable to continue to supply the Services to you and if so, Noover will give you as much notice as reasonably possible prior to the suspension or termination and refund to you any amounts paid in advance.
  3. You may close your Account at any time via the Website or by contacting the Call Centre on 03 6231 1866 and advising us that you wish to close your Account.
  4. Once your Account is closed and Your Data is no longer needed by Noover for any purpose in accordance with these Terms, Noover will take all reasonable steps to destroy or deidentify Your Data within a reasonable period of time.
  5. Termination of your access rights to the Services and closure of your Account for any reason does not affect any other rights and remedies available to either you or Noover which arose at or before the termination.
  6. The following clauses of these Terms will survive the closure of your Account for any reason:  
    1. clause 6.2 (Licence to use the Website and the Services);  
    2. clause 7.5 (Using Noover Services);
    3. clause 12 (Privacy);  
    4. clause 15 (Limitation of liability);  
    5. this clause 17 (Termination or Suspension); and
    6. clause 20 (Governing Law).

18. Force Majeure

  1. Neither you nor Noover are liable for failure to perform or delay in performing any obligation (excluding payment) under these Terms if the failure or delay is caused by any Force Majeure Event.

19. Transfer

  1. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced or diminished. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent (which will not be unreasonably withheld).

20. Governing Law

  1. The laws of Tasmania, Australia govern these terms and each party irrevocably submits to the exclusive jurisdiction of that State.

21. Entire Agreement

  1. These Terms constitute the entire agreement between Noover and you with respect to the Website and the Services and supersede any previous communications or agreements between Noover and you.  

22. Invalidity

  1. If any part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not affected and the remaining portion of the Terms is to remain in full effect.

23. Notices

  1. Notices (including any written communications or statements) from Noover to you may be sent:
    1. to the address provided by you in your Account details;
    2. by email to the email address provided by you in your Account details;
    3. by an SMS message to the mobile phone number provided by you in your Account details; or
    4. given to you by any other method permitted by law.
  2. Notices (including any written communications or statements) from you to Noover may be sent:
    1. to: GPO BOX 1688 Hobart TAS 7000; or
    2. by email: support@noover.com.

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