NOVIDIC Terms of Service B2B version

General agreement

The below terms are effective July 10, 2020.

Welcome to NOVIDIC!

Thanks for using our Products and services.

Definitions

In this agreement, "Universal Apps Pty Ltd.", "Universal Apps" "We" or "Us" and "Our Company" refer to the company incorporated in Australia as Universal Apps Pty Ltd. located at 54-111 Eagle St. Brisbane, 4000, QLD Australia or its subsidiaries, affiliates, suppliers, partners or agents world widely.

In this agreement "Business", "Place", "Venue", "You" or "Your" refer to any location where people may enter or visit as customer, shopper, guest, client, patient, passenger, patron, member or visitor.

In this agreement "Visitor" refers to any person who enters or visits a "place" for any purpose including and not limited to shopping, buying, selling, dining or drinking, entertaining , receiving services , using facilities, working or even entering by mistake.

In this agreement "Authorized Agency " refers to local governmental agency that is responsible for pandemic tracking and management in your region.

In this agreement,"NOVIDIC" refers only to the platform accessible at website in the following

URL(s): https://www.novidic.com or https://novidic.com and all subdomains.

In this agreement "System" refers to NOVIDIC web platform , NOVIDIC App and all third-party integration technically between the platform , app and the "place" such as the networks ( Internet, 3G, 4G LTE, SMS gateways, Payment gateways and etc.)

In this agreement,"NOVIDIC App" refers only to the mobile application named NOVIDIC available in Apple Store and Google Play.

In this agreement,"Product(s)" and or "Service(s)" refer to visitor registration and management services offered in NOVIDIC platform or NOVIDIC app (on cloud) to the "Place(s)" and its "Visitor(s)".

In this agreement, "Visit" refers to the event of entering , staying and leaving a place by a visitor.

In this agreement "QR Code" refers to Quick Response code readable by mobile phones or

especial scanners generated by NOVIDIC system.

In this agreement,"Account" refers to your account with NOVIDIC platform associated with your email address and business address.

In this agreement,"user(s)" refer to any person who has been granted access to your account by you.

In this agreement" device(s)" refers to any mobile, tablet, iPad or any computer used by the place

to display the "QR code" related to the system.

In this agreement, by accepting the terms on our products or services, you shall accept and acknowledge all our third parties suppliers, and service providers, terms and conditions and privacy policy agreements involved in our services delivery including but not limited to Payment gateways and processors, Credit card companies, SMS gateways, internet service providers, CDN networks, telecommunication service providers , mobile gateways and mobile networks.

By using our Products or Services, you are agreeing to these terms and conditions. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Products or Services. Depending on our policy, the services available to you might change time to time or vary based on the type of your account with NOVIDIC. Some services might not be available in some regions or countries due to technical problems ( such as limitation in mobile phone or internet network support ) or legal restrictions ( such as UN, US, EU sanctions ) or restrictions or especial requirements by local governments on international services (such as Apple and Google on publishing COVID-19 related apps)

Don,t misuse our Products or Services. For example, don,t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Products or Services only as permitted by law and for the purposes the service is designed for , here customer visit management only.

Using our Products or Services does not give you ownership of any intellectual property rights in our Products or Services or the content you access. You may not use content from our Products or Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products or Services unless we clearly give our consent. Don,t remove, obscure, or alter any legal notices displayed in or along with our Products or Services.

In connection with your use of the Products or Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your NOVIDIC Account

You need an account with NOVIDIC in order to use our Services or order our Products. You shall create your own NOVIDIC account or sub-accounts, or your NOVIDIC account may be assigned to you by an administrator, such as your employer or employee, your IT consultant or your partners. We acknowledge the owner of the mobile number and email address which the account is registered with as the owner of the account and he/she shall be responsible solely for the account. We assume that the email address and mobile number owners are the same person and access to the email inbox, and reading the SMS sent to the mobile number, is granted , available and possible at the same time for you.

To protect your NOVIDIC account, keep your password and DPP ( data protection PIN ) or system PIN confidential and always keep your mobile phone and email access as very private and confidential . You are responsible for the activity, request or order that happens on or through your NOVIDIC account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or Account, please inform us immediately at [email protected].

Service agreement

A: By creating an account in novidic.com you shall agree on the followings:

You shall confirm that you are legally capable of forming binding contracts.
You shall not submit false information on your profile or misrepresent yourself or your purpose of registering an account with NOVIDIC.
The Admin of your account is of minimum age of 18 years old and or at legal age if your local law definition of legal age is older than 18.
You shall use valid company or business name and address.
You are authorized to apply for an account for your company.
You shall agree that you use the correct and valid ID numbers or address or contact numbers in your profile.
You shall not have multiple accounts with NOVIDIC for the same place.
You shall not have objections if our staff, agents or assignees conduct an EDD on your business including direct or indirect contact to you or your business, ask for company profile and supporting documents to approve your account.
You shall provide us with copy of your ID or any proof of your address such as utility bills under your business name and address, or your company profile and incorporation documents should we require any proof on validity of your profile or your identity.
You shall provide us with proof of credit card validity and ownership should we require any documents or image of the credit card used to make payment in www.novidic.com.
Your shall not use third parties information or impersonate them or identify yourself as your clients or your customers or third parties whether as an individual or an entity.
You shall not use our Products or Services for any other purpose rather than what is permitted by local law and what is granted to you by us.
Should you sell or offer alcoholic drinks, you shall need to have permission for such from your local authorities.
You shall not offer, sell or advertise alcoholic drinks or tobacco to under aged customers (as per your local law).
You shall not misrepresent your address or country of resident.
You shall not use VPN to register your account in order to deceive our smart country code look up menu.
You shall agree that you have no objection to receive Emails or faxes or calls or SMS or notifications from us regardless of the purpose or context or contents.
You shall agree and confirm that the email address , mobile number you use to register your account with us belongs to you only and you have full access and control on them at any time.
You shall agree that you do not share or disclose your NOVIDIC user name and password to unauthorized third parties and keep them very confidential.
You shall agree that you are aware and responsible of any order of service upgrade submitted and requested by you through your account.
You shall agree that you are authorized to use the credit card(s) or PayPal account(s) for making payment to use our Products or Services.
You shall agree that you are not using a third party or stolen credit card to make payment and in case of any claim or charge back, you account will be suspended, we will stop providing any service for your place and all your previous records will be assumed scam or fraud and all the records will be removed from our system.
You shall agree on all charges occurred upon your service delivery including subscription fees, or any tax involved.
You shall agree to have required hardware already available in place to run the system.
You agree that you shall pay for our services delivered to you within one week upon receiving any bill.
You shall agree to let us suspend or terminate your account should you not pay the outstanding bills.
You shall agree on any exchange rate , transaction fees occurred during charging your card.
You shall agree to let us have your bill converted to AUD, USD or EUR (subject to your market) using our exchange rate and have your card charged in AUD ( Australian Dollar ) or USD ( US dollar ) when making your bill payment.
You shall authorize us or our agents to deduct relevant charges from your provided credit card/debit card(s) or PayPal account(s) upon submission of your service request or at any later time in future in case of any discrepancy or miscalculation from our side. (If Any)
You shall agree that we are authorized to charge your card(s) or pay account(s) for recurrent bills automatically.
You shall agree that you are aware of the local authorities regulation and the local law on COVID-19 management in your place.

B: by running the system in your place:

You shall acknowledge that running and using our system requires reliable internet and this is your responsibility to get such a service from your local internet service providers unless you prefer to use static QR codes at your place.
You acknowledge that using our system by your visitors relies on at least 3G network or Wi-Fi on their mobile phones.
You shall acknowledge that to use our system, you need some basic hardware and software which are not provided or covered by us including but not limited to PCs ( windows 7 or higher ) , Tablets or iPads , mobile phones (Android or iOS ) , Wi-Fi modems, printers to print QR codes ( if static).
You shall agree that this is your duty to create and maintain and manage your QR codes in the system and display them to the visitors.
You shall agree to have staff on duty for manual registration of visitors should they don,t have a mobile phone.
You shall judge and monitor the accuracy of information provided by your visitors in a manual registration.
You shall have a privacy policy in place and available to your visitors upon their request on protecting the data you may gather during a manual registration from your visitors or customers.
Should you use static QR codes, you shall agree that in case of any abuse of such static QR codes by your visitors (e.g. taking a photo of QR code and sending dummy visits remotely to you) this is your responsibility to differentiate between genuine and fake visits and to reset the QR code immediately to avoid such a problem.
You shall agree to settle our invoices within one week after due date.
You shall agree in case of any outstanding not settled after one weeks, we reserve the right to suspend your account which results in all QR codes going invalid and your visitors not being able to scan any QR code.
You shall agree to click EXIT for your visitors who are manually registered by your staff once they leave your place.
You shall have no objection should local authorized agency makes your place as "red flag"
place should they conclude your place has high rate of infection.
You shall agree to inform your local authorized agency to contact us at [email protected] should they ask for visit history related to your place.

C: Indemnity:

You shall agree and acknowledge that NOVIDIC is just an online management system, on cloud and we have not any role in introducing customers or visitors to you.
We do not undertake any responsibility about your visitors, guests and customers who use our mobile app or web to tag their visits at your place.
You shall confirm that you understand that we cannot provide visitors, contacts to you in any circumstances, except for those visitors being manually registered by your staff in to our system.
You shall agree to scan your visitors for fever and ask them key in the correct body temperature in to system should it be required by your local law.
You shall authorize us to suspend your account at any time in case of any suspicious activity is found or any abuse from the system is reported.
You shall agree and acknowledge that Universal Apps Pty Ltd is authorized to stop service, cancel, suspend account, stop transaction, block access should you fail or disregard terms mentioned above which shall be recognized as breach of the agreement.
If you choose to delete your account , you shall agree that we remove your profile including your contact number from the system but keep the visit history under an anonymous place to keep our data base integrated.
You shall not be able to delete your account as long as your place is tagged as red flagged place.
You shall agree to receive marketing emails about our services and products or a survey on your experience with NOVIDIC after you delete your account. ( we may store emails out of the system for such purpose only)

D: Our Warranty and limited liability

Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under the consumer protection laws of Australia, We provide no warranties or guarantees to You (including in relation to the performance of NOVIDIC).
While We use due care and skill in relation to the provision of NOVIDIC, neither We nor Our related bodies corporate warrant or guarantee that NOVIDIC will be continuously available, free from errors or bugs or omissions or provided to You within a particular time and quality. If We fail to comply with a statutory guarantee (if it applies) or any term of this agreement, then We limit Our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to either supplying NOVIDIC again to You or refunding you for the remaining duration of your subscription.
We are not liable for any loss to the extent that it was caused by You (for example, through Your negligence or breach of contract). You are not liable for any loss to the extent it was caused by Us.
You may terminate the service any time subject to settlement of any outstanding bill.
In case of termination of the service from your side , there is no refund whether your billing is post-paid or prepaid.
In case of termination from our side due to breach of the agreement by you, there is no refund.
In case of upgrade or downgrade of plans, there is no refund on previous billing cycle. However, we may refund you the discrepancy of unused service based on number of days if the amount is more than $100. In this case, you are required to request for refund at [email protected].
We reserve this right to upgrade or downgrade our services without prior notice which might affect the service being delivered to you.
We reserve the right to remove or add packages, change our prices or stop some services and packages in your region without prior notice.
These terms and conditions are governed by the laws in force in the State of Queensland, Australia.
This agreement is digitally signed and deemed accepted by you upon selecting the check box when ordering or registering for our services.