Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and NovoCove Pty Ltd (ABN 12 345 678 901), a company incorporated in New South Wales, Australia (“NovoCove,” “we,” “us,” or “our”).

By accessing, registering for, or using the NovoCove platform (“Service”), whether as a visitor, registered user, or authorised representative of an organisation (“you” or “your”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

NovoCove is a cloud-based Software-as-a-Service (SaaS) platform designed for Australian childcare (early childhood education and care) and aged care providers to track, manage, and monitor staff certifications, compliance records, and regulatory requirements.

The Service includes, but is not limited to:

• Real-time compliance dashboards with RAG (Red-Amber-Green) status indicators
• Automated expiry alerts and notifications at configurable intervals
• Document vault for secure storage of certificates, licences, and training records
• Regulatory reporting and evidence export for ACECQA and ACQSC compliance
• Mobile applications for iOS and Android devices
• API access (available on Enterprise plans)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice to affected subscribers.

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your login credentials
• Not share your account credentials with any third party
• Notify us immediately of any unauthorised access to or use of your account
• Ensure that all users under your account comply with these Terms

You are responsible for all activities that occur under your account, whether authorised by you or not. NovoCove is not liable for any loss or damage arising from your failure to maintain account security.

Access to the Service is provided on a subscription basis. Subscription fees are charged in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

• Billing Cycle: Subscriptions are billed monthly or annually in advance, based on your selected plan.
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled at least 7 days before renewal.
• Payment: We accept payment via credit card and direct debit. All payments are processed securely through Stripe.
• Late Payment: Failure to pay may result in suspension or termination of your account after a 14-day grace period.
• Refunds: Fees are non-refundable except where required by Australian consumer law or as expressly provided in these Terms.
• Price Changes: We may adjust pricing with 30 days' written notice. Changes take effect at the next billing cycle.

You agree not to use the Service to:

• Violate any applicable Australian federal, state, or local law or regulation
• Infringe upon the intellectual property rights of others
• Upload, transmit, or distribute any harmful, defamatory, obscene, or unlawful content
• Attempt to gain unauthorised access to any part of the Service, other accounts, or connected systems
• Interfere with or disrupt the integrity, security, or performance of the Service
• Use automated scripts, bots, scrapers, or other automated means to access the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Upload forged, fraudulent, or falsified certification documents

We reserve the right to investigate and take appropriate action against any violation of this policy, including suspension or termination of your account and referral to law enforcement authorities where appropriate.

All intellectual property rights in and to the Service, including but not limited to software, code, designs, graphics, logos, trademarks, documentation, and underlying technology, are owned by or licensed to NovoCove and are protected by Australian and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose during your subscription period.

You retain all rights to the data and content you upload to the Service (“Your Content”). By uploading Your Content, you grant us a licence to use, process, and store it solely for the purpose of providing the Service to you.

The NovoCove name, logo, and related marks are trademarks of NovoCove Pty Ltd. You may not use them without our prior written consent.

Termination by You: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

Termination by Us: We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms, fail to pay fees when due, or engage in conduct that we determine, in our sole discretion, harms the Service or other users.

Effect of Termination: Upon termination:

• Your right to access and use the Service ceases immediately
• We may delete Your Content after a 30-day retention period, subject to our legal obligations
• You remain liable for all outstanding fees and charges
• Sections 6, 8, 9, 10, 11, and 12 of these Terms survive termination

To the maximum extent permitted by law, NovoCove and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising out of or relating to your use of or inability to use the Service.

Our total aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by you to NovoCove in the 12 months immediately preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including guarantees as to the acceptable quality and fitness of services.

You agree to indemnify, defend, and hold harmless NovoCove and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your Content or any data you upload to the Service
• Your violation of these Terms or any applicable law
• Your infringement of any third-party right, including intellectual property or privacy rights
• Any negligent or wilful misconduct by you or your authorised users

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for any dispute arising under or in connection with these Terms.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event of any dispute arising from these Terms or your use of the Service, the parties agree to follow this escalation process:

1. Good Faith Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation for a period of 30 days.
2. Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation administered by the Australian Disputes Centre (ADC) in accordance with its rules.
3. Litigation: If mediation is unsuccessful, either party may commence proceedings in the courts of New South Wales.

Nothing in this clause prevents either party from seeking urgent injunctive relief from a court.

We may revise these Terms from time to time. Material changes will be notified to you at least 30 days before taking effect, via email or through the platform. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

It is your responsibility to review these Terms regularly. The most current version is always available at novocove.com.au/terms.

If you have any questions about these Terms, please contact us: