NoahFace Terms of Use

The NoahFace Service ("Service"), is operated by Noah Facial Recognition Pty Ltd. This consists of theNoahFace Web site, the NoahFace Dashboard, and all of the the NoahFace Apps (NoahFace and NoahFaceGo).TimeLab is a NoahFace Partner (“Partner”).

TimeLab is the New Zealand reseller and support provider for theNoahFace service.

Please read these Terms of Use (“Terms") carefully before using the Service. Your access to and use of theService is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to bebound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.

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Right to Use

We grant you a non-exclusive right to use the Service under these Terms.

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Subscriptions

The following Apps can be downloaded for free: NoahFace and NoahFace Go. After download, these Appssupport a limited number of users (ie: customers or employees) being recorded. To increase the number ofusers supported by these Apps, you need to purchase a subscription.

You acknowledge and agree that:

If your subscription expires, the Service will stop working, and We may delete your historical data.
You can change (ie:upgrade or downgrade) your subscription at any time. When you change your subscription:
- A new subscription will commence from the date of change (ie: the next renewal will be one month or one year after the date of change as appropriate).
- Credit for any unused portion of your previous subscription will be applied to your new subscription.
You can cancel your subscription at any time. If you cancel your subscription, no refund for the unused portion of your subscription will be applied (except in the EU, in cases where this is required by law).

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Payments

Terms of payment for your NoahFace subscription is 30 days following the invoice date. By using the NoahFace Service you agree to make all payments as and when required according to the payment terms.

Failure to meet these payment terms may result in an initial suspension of your account. Subsequent non-payment could lead to the termination of your account at our sole discretion.

We cannot be held liable for any loss or damage due to failure to comply with these terms and conditions.

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Legal Construction

These Terms and Conditions and our provision of services to you shall be governed by the laws of New Zealand.

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Privacy

We take privacy issues very seriously, and expect that you do the same when using the Service. You acknowledge and agree that:

You are wholly responsible for ensuring you adhere to the privacy laws in the location that your operate your business. Specifically:
- You can change (ie:upgrade or downgrade) your subscription at any time. When you change your subscription:
- You will obtain consent from each individual before sending Emails or SMSs to them using the Service.
- You will delete users from the Service if they remove their consent.
- You will not use the Service to record information about children under the age of 13.
We shall not be responsible or liable, directly or indirectly, for your failure to adhere to your privacy laws.

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Please ensure you have reviewed the NoahFace Privacy Policy

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Links to Other Services

Our Service may contain links to third-party Web sites or services that are not owned or controlled by Noah Facial Recognition Pty Ltd or Auckland Time Systems Ltd. You acknowledge and agree that:

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party Web sites or services.
We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

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Discontinuation of Service

We may decide to discontinue the Service in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If We do so, We will give you reasonable prior notice. If We discontinue the Service in this way before the end of your pre-paid subscription, We will refund the portion of the fees you have pre-paid but haven't received services for.

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Warranties

We warrant that the Service:

Is of acceptable quality (ie: it is safe, lasting, looks good, and functions)
Provides the functionality described on the NoahFace Web site
Is fit for use in providing Time and Attendance, and Visitor Registration solutions

To the maximum extent permitted by law, the Service is provided on an “as is”, “as available” basis and, unless expressly stated to the contrary in these Terms, We exclude all representations, warranties or guarantees that the Service:

Will be constantly available
Is free of errors

Should a reproducable error in the Service be reported, We warrant that We will resolve it in a commercially viable timeframe (determined by Us based on the severity and impact of the error, and the complexity and cost of a resolution).

Nothing on the Service constitutes, or is meant to constitute, advice of any kind.

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Limitations of Liability

To the maximum extent permitted by law, We shall not be liable for any loss, injury, claim, liability, or damage of any kind (direct or indirect) resulting in any way from:

Any errors of the service
The unavailability or interruption to the Service
The incorrect identification of people
Acts of cyber attack or security breaches
Your use or misuse of the Service
Your failure to comply with the Terms

To the maximum extent permitted by Law, Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is:

Limited to the subscription fees you have paid for the Service in the 12 month period immediately preceding the date the claim arose.
Reduced to the extent that you caused or contributed to that loss or damage.

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Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

This version was last updated on 17th March 2023 and is effective from 17th April 2023.

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Contact Us

If you have any questions regarding these Terms, please contact us at noahface@timelab.co.nz

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