.svg)
TERMS AND CONDITIONS
These Terms and Conditions (Terms) apply to and are expressly incorporated into each Agreement and each subsequent agreement entered into between Nomad Plant Pty Ltd ACN 654 975 541 ("Nomad Plant", "we" or "us") and a customer (further referred to as "Customer" or "you") in connection with the Products and/or the Service. It is expressly agreed that the general terms and conditions, or any other terms, of the Customers do not apply.
By registering as a Customer and/or submitting an Order to Nomad Plant, you acknowledge that: (a) you have read, understand and agree to be bound by all the provisions of these Terms and the Privacy Policy (as defined below); and (b) that no promises or representations have been made to you to induce you to accept these Terms.
If you act on behalf of an entity, such as the company you work for, then you represent and warrant to us that you have the legal authority to accept and agree to these Terms on behalf of such entity and to bind such entity to the Agreement.
1 DEFINED TERMS
Agreement means collectively the agreement between Nomad Plant and the Customer for the provision of the Products and/or the Service, consisting of the Order Form and any attachments thereto, including these Terms.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Confidential Information means, in relation to a party, any information:
(a) regarding the business, technology or affairs of that party;
(b) regarding clients, customers, employees, contractors of, or other persons doing business with, that party;
(c) in the case of Nomad Plant, information and details regarding the function, purpose and/or operation of the Service and the Products and the contents of any explanatory material supplied by Nomad Plant;
(d) in the case of the Customer, the Customer Data;
(e) which is by its nature confidential or which is designated as confidential by that party;
(f) which the other party knows, or ought to know, is confidential; or
(g) the commercial arrangements between the parties.
Customer Data means all data or information however supplied or inputted by the Customer as part of the Service, including, but not limited to, information in respect of a vehicle or an equipment and its location.
Documentation means user guides and methodologies in respect of the Service provided by Nomad Plant to the Customer to facilitate the use of the Service.
Installation Guide has the meaning given to it in clause 12(b).
Intellectual Property Rights means all intellectual property rights conferred under statute, common law or equity now or in the future whether registered or unregistered and wherever in the world subsisting in and related to patents, patent applications, trade marks, trade names, product imagery, designs, domain names, copyright, circuit layouts, database rights, Know How, trade secrets and Confidential Information, including any application or right to apply for registration of any intellectual property rights.
Know How means scientific, technical and other information that is not in the public domain including inventions, discoveries, concepts, data, ideas, specifications, procedures for experiments and tests and results of experiments, experimentation and testing and results of research and development.
Order means an order placed by the Customer regarding the type and number of Products to be delivered to the Customer including the requested estimated delivery date (if applicable) and/or the type of subscriptions to the Service to be taken by the Customer in accordance with the Agreement.
Order Form means the order form pursuant to which Nomad Plant will supply and the Customer will purchase the Products and/or the Service in accordance with the terms of the Agreement.
Privacy Policy means the privacy policy of Nomad Plant which can be accessed at http://nomadsuite.com.au/privacy-policy.
Product means a tracking device hardware, as referred to on the Order Form item list, purchased by the Customer from Nomad Plant for the purpose of using the Service.
Service means the online service, as available via the Website, designed to digitally streamline plant hire and track internal fleet of equipment (to the extent such fleet and equipment is located in Australia), on a software as a service basis.
Warranty means the warranty terms and conditions which can be accessed at http://nomadsuite.com.au/terms-of-service.
Website means the website of Nomad Plant which can be accessed at https://www.nomadplant.com.au/.
2 ORDERS AND ACCEPTANCE
(a) Any quotations submitted by Nomad Plant will be non-binding on its part, unless explicitly stipulated otherwise in writing by Nomad Plant. An Agreement will be concluded and binding for the parties thereto if and when Nomad Plant confirms in writing the Order placed by the Customer.
(b) We reserve the right, at our sole discretion, to cancel or refuse any Order for any reason. To avoid double handling, your payment will not be processed until we have accepted the pending Order. Such situations include but are not limited to nil quantities available, inaccuracies with the pricing of the Products or the Service or fraudulent identifications. We will contact you if your Order is being reviewed, refused or cancelled or if further information is required to process the Order. If your Order is cancelled following processing of your payment, we will issue a credit via that payment method.
3 SERVICE AND PRODUCTS
(a) Nomad Plant will supply the Products and/or will provide the Service in accordance with the Order accepted in writing by Nomad Plant.
(b) Subject to the terms and conditions of the Agreement and the Customer's payment of the fees to Nomad Plant for the right to use the Service, Nomad Plant grants the Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable licence to access and use the Service and the Documentation for the Customer's internal operations during the term of the Agreement and within Australia.
(a) For the purpose of using the Service, Nomad Plant will open an account for the Customer with the Customer's permission. To be eligible for registration of the account, access and use the Service, a Customer (or, for a corporate Customer, a representative acting on its behalf) will need to be 18 years or older and be a natural person. A person that creates a Customer account on behalf of a Customer represents and warrants that they are legally authorised to do so.
(b) The Customer agrees to keep secure and confidential any username and any password (whether issued by Nomad Plant to the Customer or created by the Customer). The Customer will be fully responsible for all activity that occurs under the use of the Customer's account. The Customer must immediately notify Nomad Plant in writing if the Customer becomes aware of any unauthorised use of the Customer's account. The parties agree to work together to minimise the impact and consequences of the unauthorised use and to recommence access to the Service as expeditiously as possible.
(c) Nomad Plant reserves the right to monitor the use of the Service by the Customer to ensure compliance with the Agreement and to prevent unauthorised use or misuse of the Service.
(d) Nomad Plant may, without liability or prejudice to its other rights to the Customer, without prior notice, at its sole discretion, temporarily restrict or suspend the Customer's account or use of the Service if Nomad Plant reasonably determines or discovers that:
(i) the Customer breaches a term or condition of the Agreement, including its obligation to pay fees to Nomad Plant as and when they are due;
(ii) at any time the Service is misused or used by an unauthorised user;
(iii) restriction or suspension is necessary for reasons of public safety, security or maintenance of the Service, inoperability, data protection or to perform other work that are required for operational or technical reasons; or
(iv) as determined by applicable law or regulation.
(e) The parties agree and acknowledge that under no circumstances Nomad Plant will be liable for any damages as a consequence of such restriction or suspension.
(a) The Customer must not:
(i) use the Service or the Documentation for any purpose other than for the Customer's internal operations, or otherwise permit access to the Service or the Documentation by any other person;
(ii) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of any aspect of the Service by any means;
(iii) sell, resell, sublicense, transfer, assign, rent, distribute or otherwise commercially exploit or make available the Service to any third party, except as permitted by the Agreement;
(iv) copy, modify or create a derivative work of the Service or the Documentation;
(v) interfere in any manner with the Service, including by uploading any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
(vi) use the Service for any unlawful, fraudulent, offensive or obscene activity;
(vii) infringe any third party's Intellectual Property Rights in connection with access to or use of the Service, which may have material adverse effect on Nomad Plant and/or its business;
(viii) breach any laws and regulations that apply to the Customer's business and data, including laws, regulations and industry standards concerning privacy and data protection in connection with access to or use of the Service; or
(ix) permit, encourage or take any action to facilitate any person to do any of the foregoing.
(b) In the use of the Service and the Documentation, the Customer must comply with applicable laws and regulations.
6 MODIFICATIONS
Nomad Plant may, from time to time, modify or upgrade the Service by adding new features and/or functionality, including, but not limited to, the software or other features associated with the Service, so long as the Service as modified or upgraded is substantially comparable to or superior to the Service prior to being modified or upgraded. Each time the Service is modified or upgraded, the modified or upgraded Service will be governed by the terms of the Agreement.
7 CUSTOMER DATA
(a) The Customer owns all right, title and interest in and to all of the Customer Data and will have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
(b) In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for Nomad Plant to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data. Nomad Plant will not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except where those third parties were sub-contracted by Nomad Plant to perform services related to Customer Data maintenance and back-up).
8 FEES AND PAYMENT
(a) All prices quoted by Nomad Plant are in AUD (unless stated otherwise), exclusive of any taxes and incidental costs and expenses.
(b) The Customer will pay Nomad Plant the initial subscription fee for the Service at the time of activation of the Service or within 7 days from the date of acceptance of the Order by Nomad Plant, whichever is earlier.
(c) Payment of any recurring subscription fees will be made monthly in advance of commencement of any subsequent subscription period (unless agreed otherwise). The subscription invoice will be sent every 30 days from the date of activation.
(d) The Customer must pay for the Products in advance of their shipment to the Customer.
(e) The fees and rates may be adjusted by Nomad Plant once per calendar year, provided that Nomad Plant has given the Customer at least 2 months prior notice, during which period the Customer is entitled to terminate the Agreement in writing. The Customer will be deemed to have agreed to the new fees if Nomad Plant does not receive the Customer's written notice on termination of the Agreement in accordance with this clause and the Customer continues to use the Service after the expiry of the advance notice from Nomad Plant.
9 GST
(a) In this clause 9, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) which is not otherwise defined in these Terms has the meaning given to it in the GST Act.
(b) All consideration provided under the Agreement, including the fees, is exclusive of GST and other taxes, unless it is specifically expressed to be GST inclusive. If a party (Supplier) makes a taxable supply to another party (Recipient) under or in connection with the Agreement in respect of which GST is payable, the Recipient must pay the Supplier an additional amount equal to the GST payable on the supply (unless the consideration for the taxable supply was specified to include GST). The additional amount must be paid by the Recipient by the later of:
(i) the date when any consideration for the taxable supply is first paid or provided; and
(ii) the date when the Supplier issues a tax invoice to the Recipient.
(c) If an adjustment event varies the amount of GST payable by a Supplier under the Agreement, the Supplier must adjust the amount payable by the Recipient to take account of the adjustment event. Any resulting payment must be paid by the Supplier to the Recipient, or the Recipient to the Supplier (as appropriate) within ten (10) business days of the Supplier becoming aware of the adjustment event. Any payment under this clause is deemed to be an increase or decrease of the additional amount payable under clause 9(b).
(d) If the GST payable in relation to a supply is less than the amount the Recipient has paid the Supplier under clause 9(b), the Supplier is only obligated to pay a refund of GST to the Recipient to the extent the Supplier receives a refund of that GST from the Australian Taxation Office.
(e) Subject to an express provision in the Agreement to the contrary, any payment, reimbursement or indemnity required to be made to a party (Payee) under the Agreement which is calculated by reference to an amount paid or payable by the Payee to a third party (Outgoing) will be calculated by reference to that Outgoing inclusive of GST, less the amount of any input tax credit which the Payee is entitled to claim on that Outgoing.
(f) If part of a supply is a separate supply under GST law, that part is a separate supply for the purpose of this clause.
(g) Where the Supplier, Recipient or Payee in this clause 9 is a member of a GST group, a reference to the Supplier, Recipient or Payee includes the representative member of the GST group.
10 SHIPMENT OF PRODUCTS
(a) Nomad Plant will provide access to tracking software via the Service for you to track delivery of Products. Nomad Plant is not liable for any delays that may occur through the supply chain and any such delays beyond Nomad Plant's control will be subject to an extension of delivery time.
(b) Nomad Plant takes no responsibility for orders shipped to an incorrect or invalid address and is not liable for any loss associated. You are fully responsible for updating your shipping address. Where an incorrect or insufficient delivery address is used there may be an additional redelivery fee.
(c) Nomad Plant will only replace Products that are proven to be lost in transit by our courier company. Nomad Plant will not be held responsible for Products delivered and accepted by a separate third party not connected to the Agreement or the Customer. Further, we cannot accept responsibility for any items left unattended at the Customer's delivery address.
(d) Certain factors such as order size, weight and shipping address may require us to ship via another method. Nomad Plant reserves the right to change your shipping method in these cases and will provide tracking details for the new carrier once shipped.
(e) The delivery times provided by Nomad Plant are estimates only. Nomad Plant will not be held accountable for loss or damage relating to late deliveries and undelivered Products. Orders that are reported as not received/delivered despite of delivery confirmation are not eligible for replacement nor will compensation be granted unless proof of delivery failure can be provided. In the event that multiple Products are ordered, separate part deliveries may be made when some of the ordered items are not available in stock or on backorder. All reasonable attempts to notify you will be made using the details you provided.
11 RETURNS
Please select any Products and the Service carefully. It is your responsibility to ensure that you are purchasing the correct Products and/or Service. We do not generally give refunds or accept returns if you simply change your mind or make a wrong decision. If in doubt, please contact us to discuss your requirements prior to placing your Order. Any returns or refunds are subject to the obligations (if any) we have under the Australian Consumer Law and these Terms.
12 INSTALLATION AND WARRANTY
(a) Customers receive a 23-month warranty against manufacturing defects (excluding any defects in Lithium-Polymer back up batteries) for the Products as set out in the Warranty. The warranty commences on the date of shipment of the relevant Product by Nomad Plant to you. Please refer to the Warranty for more details and procedure of making a warranty claim.
(b) Nomad Plant will provide installation instructions to assist you with installation of the Products (Installation Guide).
(c) Nomad Plant is not liable for any damage caused during the installation process to vehicles or equipment, individuals or to the Products, if the Products are not installed in strict compliance with the Installation Guide.
13 INTELLECTUAL PROPERTY RIGHTS
(a) The Customer acknowledges and agrees that Nomad Plant and/or its licensors own all Intellectual Property Rights in the Service, the Documentation and the Website. Except as expressly stated in these Terms, the Customer does not have any Intellectual Property Rights, or any other rights or licences in respect of the Service, Documentation or the Website.
(b) You retain all Intellectual Property Rights to the Customer Data. Other than as expressly stated in the Agreement, nothing in the Agreement transfers any Intellectual Property Rights to the Service, the Documentation or the Website to you.
14 TERM AND TERMINATION
(a) The Agreement commences on the date of written acceptance of the Order by Nomad Plant and continues unless terminated in accordance with its terms.
(b) Any party may terminate the Agreement by providing the other party with at least 14 days' written notice of its intention to cancel or suspend the Service. Upon termination of the Agreement pursuant to this clause, Nomad Plant will refund to the Customer on a pro rata basis any subscription fees paid in advance for any subscription period after the effective date of termination.
(c) Without limiting the generality of any other clause of the Agreement, any party (Terminating Party) may terminate the Agreement with immediate effect by written notice to the other party if the other party:
(i) is in breach of any material term of the Agreement and such breach is not capable of being remedied or, if the breach can be remedied, it is not remedied within 14 days of written notice by the Terminating Party; or
(ii) is the Customer and the Customer is in breach of clause 5 of these Terms; or
(iii) is wound up, has an administrator appointed to it, a receiver appointed to any of its assets, enters into any arrangement, assignment or composition with any of its creditors or any of them or becomes insolvent; or
(iv) ceases to carry on its business.
(d) On termination of the Agreement for any reason:
(i) the Customer must immediately stop using the Service;
(ii) any amounts owing to Nomad Plant under the Agreement before such termination or expiration will be immediately due and payable;
(iii) all licences granted to the Customer under the Agreement will immediately terminate and Nomad Plant will cease making the Service available to the Customer;
(iv) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination shall not be affected or prejudiced.
(e) Clauses 1, 5, 7(b), 9, 12, 13, 14(d), 15, 16, 22, 23, 24 and 25 and all other clauses intended by their nature to survive termination of the Agreement will survive any termination of the Agreement. Only Orders placed in respect of the Products and accepted by Nomad Plant prior to the termination date shall be fulfilled by Nomad Plant.
15 LIMITATION OF LIABILITY
(a) For the avoidance of doubt, nothing in the Agreement is intended to exclude, restrict or modify any guarantee, condition, warranty, right or remedy implied or imposed by legislation which cannot lawfully be excluded, restricted or modified (Non-Excludable Term). Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods or services in certain circumstances.
(b) Subject to clauses 15(a) and 15(d)(ii) and except as otherwise provided in the Agreement, Nomad Plant will not be responsible for the Service performance, its availability or loss of the Customer Data due to the disruptions or unavailability of third-party telecommunications infrastructure, landline, Internet or radio communications service. Similarly, subject to clauses 15(a) and 15(d)(ii), Nomad Plant will not be responsible for the reliable operation of Products:
(i) based on any form of radio technology where those Products are operated in a fringe radio coverage area where the reliability and integrity of the radio signals may be unacceptable to Nomad Plant; or
(ii) in the event a third-party service provider of the underlying telecommunications infrastructure changes the underlying radio frequencies or core operating principles (including, but not limited to, switching the underlying mobile network from 4G to 5G or higher).
(c) Subject to clause 15(a) and except as otherwise provided in the Agreement, Nomad Plant does not warrant that:
(i) the Products or the Service will run error-free, will run uninterruptedly or will meet the Customer's data processing requirements;
(ii) the Products or the Service will not contain any virus or other harmful code or device or will not cause corruption to other programs or files stored on computer hardware or to any network; and
(iii) that the Products or the Service will meet the Customer's requirements.
(d) To the full extent permitted by the Australian Consumer Law and other applicable laws:
(i) Nomad Plant excludes all express and implied terms, warranties, conditions and guarantees (other than the Non-Excludable Terms and the ones set out in the Agreement and the Warranty) in respect of the Products and the Service;
(ii) Nomad Plant's liability for breach of a Non-Excludable Term is limited to one or more of the following, at Nomad Plant's option:
(A) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
(B) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again; and
(iii) Nomad Plant is not liable in contract, tort (including negligence), in equity, by operation of statute (to the extent liability may be excluded by law) or otherwise for any kind of indirect or consequential loss or damage, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of contracts, loss of goodwill incurred to or suffered by the Customer or any other person in connection with the Agreement.
(e) Subject to clauses 15(a) and 15(d)(ii), in no event will Nomad Plant's aggregate liability to the Customer shall exceed the amount of fees paid by the Customer under the Agreement during the period of 6 months prior to the event giving rise to such liability.
16 CONFIDENTIAL INFORMATION
(a) Each party agrees to keep confidential, and not to use or disclose, other than as permitted by the Agreement, any Confidential Information of the other party.
(b) These obligations of confidence extend to Confidential Information provided to or obtained by a party prior to the effective date of the Agreement.
(c) These obligations of confidence do not apply to Confidential Information:
(i) that is in the public domain otherwise than as a result of a breach of the Agreement or other obligation of confidence; or
(ii) that is already known by, or rightfully received, or independently developed, by the recipient free of any obligation of confidence.
(d) Notwithstanding anything to the contrary in the Agreement, either party may disclose Confidential Information of the other party where such Confidential Information:
(i) is required to be disclosed by applicable law, by a court or governmental agency, provided that, prior to disclosing any such Confidential Information, the party making the disclosure has promptly notified the other party in writing to allow that party to take all reasonable steps to maintain such Confidential Information in confidence; or
(ii) is required to be disclosed in accordance with the rules of any stock exchange upon which the securities of the party making the disclosure are listed.
(e) On request by the party disclosing the Confidential Information the party receiving the Confidential Information must:
(i) promptly return or destroy (at the option of the disclosing party) the Confidential Information and any copy of it; and
(ii) if required by the disclosing party, certify in writing that it has returned or destroyed all the Confidential Information.
(f) The party receiving the Confidential Information acknowledges that a breach by such party of any of its obligations under the Agreement would irreparably harm the party disclosing the Confidential Information and damages would not be an adequate remedy for any such breach.
(g) If the party receiving the Confidential Information breaches or threatens to breach the Agreement, the party disclosing the Confidential Information will be entitled to seek equitable remedies (including injunctive relief or specific performance as a remedy) in addition to other available relief without proof of actual or special damage.
17 CONTACT DISCLAIMER
We may need to contact you based on the information that you provide us when placing an Order. If we are unable to contact you or the information that you provide us is incorrect, we reserve the right to cancel your Order.
18 MUTUAL NO EXCLUSIVITY
The Agreement does not create an exclusive relationship between the parties. We are free to engage other Customers and to advertise Products of the same or similar nature to those provided by you, and you will be entitled to engage products of others.
19 FORCE MAJEURE
Nomad Plant will not be liable to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
20 VARIATIONS
We reserve the right to change or modify these Terms at any time by making the amended Terms available through the Website. In the event of a change or modification to these Terms, we will provide you with prior written notice of not less than 1 month in advance. You will be deemed to have agreed to the varied Terms if you continue to use the Service after the expiry of such prior notice.
21 COMPLAINTS
If you have any concerns or complaints regarding the Agreement, the Products, the Service or payment for a Product or the Service, please report it to support@nomadsuite.com.au.
22 GOVERNING LAW AND DISPUTE RESOLUTION
The Agreement and any disputes arising out of or in connection with the Agreement, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties unconditionally submit to the non-exclusive jurisdiction of the courts located in or exercising jurisdiction in the State of New South Wales, Australia to adjudicate any disputes arising out of or in connection with the Agreement.
23 PRIVACY
We will comply with applicable privacy legislation in the relevant jurisdiction. Our Privacy Policy explains how we may use and disclose certain information. Please refer to our Privacy Policy for more details.
24 INDEMNITY
(a) The Customer unconditionally represents and warrants hat it has the unqualified right to provide to Nomad Plant any Customer Data or whatsoever nature and that Nomad Plant has an unconditional unrestricted right to receive and use the Customer Data in connection with the Service.
(b) The Customer warrants and undertakes that it will apply and maintain all security procedures so as to reasonably ensure that no loss, damage, disruption, interference or unauthorised use occurs of or to the Service.
(c) The Customer must indemnify, defend and hold Nomad Plant harmless from any and all liabilities, losses, damages, expenses and costs, including legal fees on a full indemnity basis, arising from or in connection with any of the following:
(i) any breach of the Agreement (including any of the Customer's warranties) by the Customer;
(ii) misuse of the Service and/or the Documentation by the Customer, including any third-party claims made in connection with, or arising out of misuse of the Service by the Customer; and
(iii) any bona fide claim in writing that use of Customer Data by Nomad Plant infringes Intellectual Property Rights of a third party.
(d) Subject to the Agreement, Nomad Plant must indemnify, defend and hold the Customer harmless from any and all liabilities, losses, damages, expenses and costs, including legal fees on a full indemnity basis, arising from or in connection with Nomad Plant's breach of the Agreement.
25 GENERAL
(a) The Agreement constitutes the entire agreement between you and us with respect to its subject matter.
(b) If you are involved with the industry and compete with Nomad Plant in any way you are deemed a competitor. Competitors are not permitted to access the Service in any way or the information associated with the Service. If a breach occurs full remedy will be sought for any loss.
(c) If any provision of the Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law and the remaining terms, provisions, covenants and restrictions of the Agreement will remain in full force and effect.
(d) The Customer must not assign or otherwise transfer or attempt to assign any right or obligation under the Agreement without Nomad Plant's prior written consent.
(e) No waiver of a right or remedy under the Agreement is effective unless it is in writing and signed by the party granting it.
(f) All notices, consents, waivers and other communications under the Agreement must be in writing, in English and delivered by hand or sent by regular mail, registered mail, express courier or e-mail to the appropriate addresses set out in the Agreement (or to such addresses as a Party may notify to the other Party from time to time). A notice shall be effective upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered mail or express courier) or at the time of successful transmission (if delivered by e-mail).
(g) For the purpose of any matter arising under the Agreement, contact details of Nomad Plant are as follows:
Contact person: Will Smith
Address: 9 Hattersley St, Arncliffe NSW 2205, Australia
Telephone: +61 429 688 923
Email: will.smith@nomadsuite.com.au