Terms and Conditions
By accessing and using our service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
We may change these Terms from time to time and will endeavour to notify you of such changes via email or by displaying a message when you next use the Services. If you continue to use the Services, your use will be governed by the updated Terms.
These Terms and Conditions were updated on 1 May 2019.
Definitions
To help you read and understand these Terms, we've set out definitions of some key terms below:
"Customer" / “You” means the person or entity who registers to use the Service by creating a NomadPOS account. If you are creating an account or using the Services on behalf of a business, you agree that you are accepting these Terms and have the authority to enter into these Terms, on behalf of the business, which will be deemed to be the Customer, and will be bound by these Terms.
"Authorised User" / “User” means any person or entity that a Customer authorises to use the Service on its behalf. This includes employees and personnel of the Customer who are authorised to use the Services on the Customer's behalf, but also includes support partners and other third parties with whom a Customer shares its NomadPOS account details (and for whose conduct the Customer is responsible).
Application means any of NomadPOS’s software and any other hosted service including Nomad Management Console (NMC)
Brand means NomadPOS’s name, product and service names, logos and registered and unregistered trademarks.
Confidential Information means all systems, knowledge, ideas, know-how, programming code, concepts, trade secrets, processes, client lists, techniques, hardware, software, products, intellectual property, financial and business information and all other commercially valuable information of the Disclosing Party. Confidential Information excludes information which is: available to the public at the date of its disclosure to the Receiving Party; at the date of its disclosure to the Receiving Party, already properly in the possession of the Receiving Party in written form otherwise than by prior confidential disclosure from the Disclosing Party; after the date of its disclosure to the Receiving Party, available to the public from sources other than the Receiving Party; required to be disclosed by law.
"Content" – means anything that is uploaded - text, graphics, audio and video materials, documentation, information posted in Apps or Website, perceivable by a person or with the help of special devices.
Disclosing Party means a party to these T&Cs which discloses information to the other party.
Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Application provided or made available by NomadPOS to you and End Users.
Form means any NomadPOS generated service order form executed or approved by you with respect to your Subscription Plan to the Platform.
Intellectual Property means all intellectual property rights (including, without limitation, all registered and unregistered designs, copyright, moral rights, trademarks and patents) in the Brand and any technology, software, programming code, source code, data, Applications, programs, inventions, documents, trade secrets, works, subject matter, lists, User details and information (including, but not limited to, User emails, telephone numbers and addresses) belonging to NomadPOS.
NomadPOS blue and NomadPOS green is owned by H&C Holdings (ABN 90 091495 340), trading as Black Label Solutions (ABN 40 413 463 905) with all rights reserved.
Receiving Party means a party to these T&Cs which receives information from the other party.
Subscription Charges means any charges associated with your access to and use of the Application.
Subscription Plan means any plan offered by NomadPOS that you have subscribed to in respect of the Application.
Subscription Term means the period during which you have agreed to subscribe to the Application.
T&Cs means these Terms and Conditions.
Website means www.nomadpos.com and other websites through which NomadPOS makes its services available to you.
Your Data means all electronic data, text, messages or other materials submitted to the Application by you, End Users in connection with your use of the Application or NMC.
"We", “us”, “our” or
"NomadPOS" means Black Label Solutions (BLSS) or H&C Holdings
"Services" means NomadPOS (green and blue), and any features, technologies or functionality provided by these products or services, offered by us from time to time, including the applications ("Apps"), NomadPOS Management Console and nomadpos.com ("Website"). Your use of the Services will also be subject to any allowances and/or limits that apply to the nomadPOS plan which you've purchased or subscribed to.
Using our Services
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our 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 Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Don’t misuse our Services.
Your Google Account
You will need a Google Account in order to use our Services. You may create a new Google Account or use your existing Google Account.
Your Content in our Services
A. Ownership: You retain all rights and ownership in your content. Black Label Solutions does not claim any ownership rights in your content
B. License to your content: Even though we don’t claim ownership of your content, we do need certain licenses to your content to operate and enable the Services. When you upload or submit content to our Services, you grant NomadPOS / Black Label Solutions (and our affiliates) a royalty-free worldwide, transferable, sub-licensable, irrevocable and perpetual license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, and improving our Services.
C. Nothing in these T&Cs, the Subscription Plan and Form constitutes a transfer of any Intellectual Property rights. All Intellectual Property rights belong exclusively to NomadPOS.
D. You must obtain express written permission from NomadPOS if you wish to reproduce any part of the Application or NomadPOS’s Intellectual Property.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Black Label Solutions may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Intellectual Property
The App and its original content, features, and functionality are owned by Black Label Solutions and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Pricing and Payment
- NomadPOS (Green) is free for the first 50 transactions. From the 51st transaction onwards, there is an in-app payment of AUD 5 / month.
- NomadPOS (Blue) is a Mobile POS Solution which comprises the NomadPOS blue Android app and the Nomad Management Console (NMC). NomadPOS (Blue) is free for the first month. Payment for the NomadPOS blue solution is made in 2 parts. Payment for the NomadPOS Android app is made via an in-app payment on the Google Play store and payment for the Nomad Management Console (NMC) is made via credit card payment on www.nomadpos.com website.
- NomadPOS Blue Android app is priced at 29 AUD/ month / terminal or user (A terminal is a selling station). When you sign up, you have an option to add more than 1 terminal or user. If you choose to add an additional terminal (even though you don’t use all the added terminals), you will need to pay 29 AUD / terminal / month for the unused terminals as well. It is easy to add an extra selling station as and when you need it.
- Nomad Management Console (NMC) is priced at 49 AUD/ month. Irrespective of the number of terminals added, the price for NMC is 49 AUD/ month.
- It’s a total of 78 AUD / month for a single user or terminal (selling station) along with NMC.
- Billing starts on the 1st of the month.
- All data is stored in the cloud.
- Unless otherwise stated, all charges are inclusive of taxes (GST in Australia).
Cancellation, Termination and Refunds
These T&Cs will continue in force until such time that you withdraw your consent to these T&Cs and Privacy Policy. Where you withdraw your consent, NomadPOS may terminate your access to the Application and your Account.
Subject to section Cancellation and Termination and any Form or Subscription Plan referencing these T&Cs stating otherwise, all Subscription Charges are due in full upon commencement of your Subscription Term. If you:
a) fail to pay your Subscription Charges or any charges for other services indicated on any Form or Subscription Plan referencing these T&Cs within seven (7) business days of the charges becoming due and payable; or
b) do not update your payment information in your Account as necessary in order to allow the Subscription Charges to be deducted from any debit card or credit card,
in addition to any other remedies NomadPOS may have, NomadPOS may suspend or cancel your access to and use of the Application.
3. In the unlikely event that you would like to cancel the NMC subscription, you should communicate with us via an email (support@nomadpos.com) to cancel the subscription. If there is no email with a cancellation request, it is understood that you agree on the renewal of the subscription.
4. On receipt of a cancellation request, our support team will send you an acknowledgement.
5. Unsubscribing to NMC will result in the deletion of all customer data on NMC and all credit card details after the expiry of the subscription.
6. If you cancel your Subscription Plan or Account prior to the end of your Subscription Term or NomadPOS terminates your Subscription Plan or Account prior to the end of your Subscription Term due to your breach of these T&Cs or the terms of your Subscription Plan, your Subscription Charges and any additional charges are non-refundable, and you will not be provided with a credit
7. If you upgrade your Subscription Plan (from NomadPOS Green to NomadPOS Blue) during your Subscription Term (a “Subscription Upgrade”), any additional Subscription Charges associated with such Subscription Upgrade will be:
a) prorated over the remaining period of your Subscription Term;
b) charged to your Account;
c) due and payable upon implementation of such Subscription Upgrade; and
d) added to any future Subscription Term to reflect the Subscription Upgrade.
8. No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you downgrade your Subscription Plan (Downgrading from NomadPOS Blue to NomadPOS Green). Downgrading your Subscription Plan may cause loss of Content, features or capacity of the Application and NomadPOS does not accept any liability for such loss.
9. If you nominate to pay your Subscription Charges and any additional charges by debit or credit card, you hereby authorise NomadPOS to deduct the Subscription Charges and any additional charges from your debit or credit card in advance on a periodic basis in accordance with the terms of your Subscription Plan and any Form. NomadPOS uses a Third-Party intermediary to manage debit and credit card processing and this intermediary is not permitted to store, retain or use your billing information except to process your debit or credit card information for NomadPOS.
10. Subscription Plans are subject to change by NomadPOS giving 14 days’ notice. NomadPOS will not be liable to you, End Users, any other Users or any Third Party for any modification to the Subscription Plans.
11. NomadPOS reserves the right to modify, suspend or cancel the Application, your Account, your and/or the End Users’ rights to access and use the Platform. NomadPOS will email the email address connected to your Account to notify you before taking any of the foregoing actions. NomadPOS will not be liable to you, End Users or any other Third Party for any such modification, suspension or discontinuation of rights to access and use the Application.
12. NomadPOS reserves the right to delete all of your data from your Account. Your data cannot be recovered once your Account is cancelled.
13. Unless, otherwise specified, software downloads, and purchases from NomadPOS.com or Black Label Solutions for Android, are not refundable after purchase.
Confidentiality
1. The Receiving Party agrees to keep confidential the Disclosing Party’s Confidential Information and to only use and disclose such Confidential Information for the purposes authorised by the Disclosing Party.
2. NomadPOS will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.
3. NomadPOS collects information about you as well as your devices, computers and use of the Application. NomadPOS uses, discloses and protects this information as described in its Privacy Policy which can be viewed at www.nomadpos.com/terms/privacy The Privacy Policy is incorporated into these T&Cs.
4. You agree that:
a) NomadPOS may store information relating to your Account;
b) NomadPOS will have the right to access your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Application;
c) NomadPOS may also access or disclose information about you, your Account, End Users and Your Data to:
1. comply with the law, police investigation or request from a government authority;
2. protect NomadPOS’s rights or the rights or property of its customers or partners; and
3. protect personal safety or avoid violation of any applicable laws or regulations.
Disclaimer of Warranties
1. You acknowledge that, to the fullest extent permitted by law, NomadPOS does not provide any representations or warranties that may be implied at law.
2. The Application including all server and network components are provided on an “as is” and “as available” basis. To the fullest extent permitted by law NomadPOS does not provide any representation or warranty that:
a) the Application will meet your specific requirements;
b) your access to the Application will be uninterrupted, timely, secure or error-free;
c) any errors or defects in the Application will be corrected;
d) the results that may be obtained from the use of the Application will be accurate, up to date, complete, useful or reliable; and
e) the quality of any products, services, information, or other material purchased or obtained by you through the Application will meet your expectations.
Limitation of Liability
1. To the greatest extent permitted by law, under no circumstances will either party to these T&Cs, or their affiliates, officers, directors, employees, End Users, suppliers or licensors be liable to the other party or any Third Party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party or Third Party in connection with these T&Cs or the Platform.
2. You agree that NomadPOS’s liability, if any, arising out of any kind of legal claim or action in any way connected to the Platform will be limited to:
a) the total Subscription Charges you paid during the preceding twelve (12) months; or
b) if you are a deemed a ‘consumer’ under the Australian Consumer Law, delivering the Services again or the cost of having the Services being delivered to you by a Third Party of NomadPOS’s choosing.
3. You agree that the Subscription Charges would have been substantially higher if NomadPOS were to assume any further liability other than as set out in this clause. NomadPOS has relied on these limitations in determining whether to provide you the rights to access and use the Application.
Indemnities
You agree to indemnify, and continually indemnify, NomadPOS in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that NomadPOS incurs as a result of your use of the Platform, your use of a Third-Party Device and/or from your failure to comply with these T&Cs and any Form and Subscription Plan.
General
These T&Cs will override any other terms provided by NomadPOS in relation to the use of the Platform if they are inconsistent with these T&Cs.