Terms of Service

TERMS OF USE

The website www.noaandparker.com ("Service") is operated by Noa and Parker Pty Ltd ACN 635 908 315 of C/- Chi Berkowitz Pty, 351 Moray Street, South Melbourne, VIC 3205 ("Noa and Parker"). By accessing or using the Service, or any goods or services that are related or ancillary to the Service, You agree to the terms of use as set out below (“Terms of Use”). If You do not agree to these Terms of Use, please do not use or access the Service. These Terms of Use apply to all persons accessing or using the Service, including without limitation customers, merchants, service providers, suppliers, contributors of any content including data, images and any other material accessed, downloaded, uploaded, modified or used via, from or in connection with the Service ("referred to as "You", "Your" and or "Users").

The Terms of Use include these terms and conditions and any other terms and conditions that appear in or are linked to the Service (“Terms and Conditions”).

The use of the Service is conditional upon Your acceptance and continued adherence to the Terms and Conditions. You should review the Terms and Conditions periodically to make sure You can, and wish to, comply with them. The Service and these Terms of Use are subject to change at any time without notice. Please refrain from using the Service if You do not wish to be bound by the Terms and Conditions. 

Age

The Service may only be used by individuals aged eighteen (18) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understands and agrees to them.

Changes to the Service and Terms and Conditions

Noa and Parker can change or modify the Service and the Terms and Conditions at any time with or without prior notice to You and at its sole discretion by posting an update Terms and Conditions to the Service. Continued use of the Service following these changes or modifications will constitute acceptance of such changes or modifications. If You do not agree to any updated Terms and Conditions, then You must cease use of the Service and cancel Your account.

Noa and Parker may provide maintenance and support in relation to the Service at Noa and Parker’s sole discretion.

Subscription and Fees

Noa and Parker offers various subscription plans for You to choose from (”Subscription”) which are set out on Noa and Parker’s website at www.noaandparker.com.

Noa and Parker may vary the Subscription fees and plans from time to time but will provide you with at least 30 days’ notice of this before doing so. If a Subscription plan tier you are on is retired, cancelled, or no longer available, then Noa and Parker will move You to an as near as possible equivalent Subscription plan.

Note that if the number of containers on loan on Your account exceeds the number of containers you are permitted to borrower under your Subscription, then Your Subscription will be upgraded to the next higher Subscription plan. Once the number of containers on loan to You are reduced to the number permitted under your chosen Subscription then your Subscription will revert to your previously selected plan in the next monthly billing cycle. If you are already on the highest Subscription plan then you will be charged for additional Subscriptions as needed to cover those additional containers on loan.

You are responsible for loss or breakages of any Containers which are on loan to You. Failure to return containers and/or breakages or loss will incur the relevant fee set out on Noa and Parker’s website www.noaandparker.com and You agree to pay, and irrevocably authorise Noa and Parker to charge Your payment method on file with Noa and Parker, those amounts.

You must return all containers prior to cancelling your Subscription. If You cancel your Subscription while containers are on loan to you, then You agree to pay, and irrevocably authorise Noa and Parker to charge your payment method on file with Noa and Parker, the lost container fee set out on Noa and Parker’s website www.noaandparker.com for each container that is on loan.

You may cancel Your Subscription at any time. However, cancelations must be received 7 days before the next billing cycle or You will be charged for another full month Subscription. Pro rata refunds for unused periods of Subscriptions will not be provided.

You may borrow containers for as long as You like provided that You continue to comply with the Terms and Conditions and all payments are up to date and are made on time. However for the avoidance of doubt, all containers must be returned if your Subscription is terminated for any reason. All containers remain the property of Noa and Parker and ownership will not be transferred to You at any time.

You are responsible for paying all fees and applicable taxes associated with using the Service.

License

Noa and Parker grants You a limited, non-exclusive, revocable and non-transferable license to use the Service on device that You own or control.  This licence is conditional on Noa and Parker receiving payment of any fees and charges (including without limitation third party charges) associated with Your use of the Service. 

Your acknowledgments

You agree and acknowledge that:

  • Your use of the Service may incur data charges;
  • Noa and Parker may modify, update, add to or remove functionality of the Service from time to time;
  • You must comply with the terms of any applicable third party end user licence for software/ applications that interact with the Service;
  • while Noa and Parker endeavour to impose standards of conduct and rules in relation to content some user or third party materials accessible through the Service may include content and data over which Noa and Parker have no control and therefore about which Noa and Parker cannot warrant the accuracy, legitimacy or legality. Further, You may find such material offensive, indecent or and objectionable and You acknowledge that Noa and Parker have no liability to You in respect of such third party content; and
  • the continued availability of the Service and all functionality and Services provided through use of the Service may be subject to a numerous factors, including routine maintenance by Noa and Parker, and factors outside of Noa and Parker’s control (such as malfunction in equipment, software, internet access or delay or failure of transmission).

Rules of conduct / content

You must ensure that any information You provide in connection with Your registration and general use of the Service is and will remain true, accurate and current and that You will promptly notify Noa and Parker of any change in such information.

You must keep Your user account details and password strictly confidential and not share it with any other person.

You must abide by any code of conduct and the following rules when accessing or using the Service, including any functions enabling You to post comments, material, or to interact with others:

  • You agree not to use the Service for any unlawful purpose and not to violate any applicable local, state, national or international law. You must not and must not permit any other person to use the Service or the functionality and information it provides in any way which is offensive or results or could result in loss or damage to any person;
  • You agree to use the Service in a way that is not negative or destructive;
  • You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • You agree not to submit through the Service or use any information derived from use of the Service where such information is about any person by which they may personally identified without their prior consent or which compromises their or another person’s privacy or breaches confidentiality;
  • You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • You agree not to submit content that contains material that is inappropriate, tasteless, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent;
  • You agree not to submit content that is of nuisance value, inappropriate, off topic or vexatious;
  • You agree not to violate the property rights of others, and You agree not to post any content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
  • You must not attempt to gain access to any content accessible through the Service that is not intended to be accessed by You by the provider of the content;
  • You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect the operation of another's hardware;
  • You agree not to advertise any goods or Services. "Junk mail", "spamming", "chain letters", "pyramid schemes" and similar activities are strictly prohibited;
  • You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind except where otherwise expressly permitted by Noa and Parker in writing; and
  • You must ensure that any person who uses the Service on Your behalf (including any employee or contractor of Yours) or for whom You are responsible complies with the Terms and Conditions.

Warranty / limitation of liability

Except as required under any consumer protection law (including the Australian Consumer Law) Noa and Parker do not provide any guarantee or warranties in relation to the Service or it’s functioning. In addition, Noa and Parker exclude all warranties and representations that the Service and the Service functionality it or Noa and Parker provide will meet all of Your personal or business or other requirements or expectations, will be complete, accurate, up-to-date, free from errors or omissions, programming bugs or viruses or have full functionality.  Noa and Parker do not warrant that the Service or its functionality will be continuously available or will be available without interruption and Noa and Parker disclaim liability for all loss for damage that may arise through Your use of, or Your inability to use, the Service.

Further, the remedies for breach of contract or any breach of any consumer protection law shall be limited to the minimum remedy that may be required by law in any respect of any such breach.  Without limiting the foregoing, to the extent possible Noa and Parker exclude all liability for:

  • special, indirect or consequential loss, including loss of profits, loss of data or business interruption;
  • any loss that was not reasonably foreseeable;
  • loss or damage that was not caused by our negligence, our breach of statutory obligations, our breach of contract;
  • any loss or damage caused or contributed to by You; and
  • any loss or damage the extent of which could have been minimised by You.

To the extent permissible at law, Noa and Parker’s liability to You will be limited to the amount of the Subscriptions fees you  have paid for Your access to (but not purchasers via) the Service in the last 30 days preceding any claim against Noa and Parker howsoever arising.

You agree to indemnify Noa and Parker and its related parties, officers, agents and employees (“Indemnified Parties”) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis)) arising from or relating to:

  • any content You submit through the Service;
  • a breach of the Terms and Conditions by You; and
  • Your breach of any applicable law.

Intellectual Property

You agree that Noa and Parker own or have a licence to all intellectual property rights associated with the Service and any other materials created by Noa and Parker or on Noa and Parker’s behalf (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface and accompanying printed or marketing materials).

Unless otherwise indicated, Noa and Parker own or use under licence all copyright and other intellectual property rights associated with the Service.  Your licence to use these intellectual property rights is strictly as set out in the Terms and Conditions.  All other rights are reserved. 

Except if and to the extent only expressly permitted at law, You must not copy, decompile, reverse engineer, rent, lend, sell, redistribute, sublicense, attempt to derive the source code of or modify the Service, nor create any derivative works of the Service.

If any third party claims that the Service infringes their intellectual property rights You agree that Noa and Parker shall be solely responsible for the investigation, defence, settlement and discharge of any such claim.

Dispute Resolution 

If a dispute arises out of or relates to the Terms and Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

A party to the Terms and Conditions claiming a dispute (“Dispute“) has arisen under the Terms and Conditions, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. On receipt of that notice (“Notice“) by that other party, the parties to the Terms and Conditions (“Parties“) must within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or its nominee.

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

The mediation will be held in Melbourne, Victoria, Australia.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

If 20 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

User Information

Some functionality of the Service, including online payments and location based services and functionality, may require the transmission of information provided by You including user names and passwords, addresses, e-mail addresses, details of purchases made through the Service, financial information (such as credit card numbers) and information related to GPS and other location methods (“User Information”). If You use such Service functionality, You consent to the transmission of the User Information to Noa and Parker, its agents and/or service providers, its partners and cafes, restaurants and similar, that are required to fulfil any orders placed by You (“Disclosure Parties”) and authorise Noa and Parker, and the Disclosure Parties,  to record, process and store such User Information as necessary for the Service functionality and purchases made through it.

You are solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a device for purposes of the Service, including online payments whether authorised or unauthorised. You agree to immediately notify Noa and Parker of any unauthorised transactions associated with the Service including online payments or any other breach of security. Noa and Parker shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a device or from unauthorised or fraudulent transactions associated with the Service.

Governing law

The Terms and Conditions are subject to the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

Assignment

Noa and Parker may transfer, assign or sub-license its obligations under the Terms and Conditions and its rights and obligations without Your consent.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Contact Noa and Parker

Any questions, complaints or claims regarding the Service should be directed to:

Email:      hello@noaandparker.com

Mail:        Noa and Parker

C/- Chi Berkowitz Pty

351 Moray Street,

South Melbourne, Victoria 3205