TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE AND USE

Welcome to Neon City! You are reading these Terms because you are using the Neon City Website. The following terms and conditions and any supplemental documents that are hereby expressly incorporated herein by reference (collectively, the “Terms”) describe the terms and conditions on which you may (i) access and use the Neon City Website https://www.neoncityinc.com/ (inclusive of any subdomains such as https://www.neoncityinc.com.au/) (collectively, the “Website”), and (ii) purchase products (whether personally or on behalf of an entity) via the Website. 

Please read these Terms carefully before placing your Order with us as these Terms contain important information about the ordering, processing, fulfilment and delivery of our products, including limitations of liability, resolutions of disputes and other important information.

By browsing, accessing or using the Website through which we offer products for sale (the “Goods”) (collectively, with the Website, the “Services”), or purchasing a product, you agree to be legally bound by the Terms found in this Agreement. If you do not accept or agree to abide by the Terms herein in their entirety, you will not be able to order any Goods from our Website or make any payments related thereto and you must cease use of the Website, or any of the Services, immediately.

The Website is exclusively intended for informational and online shopping purposes. The information provided on the Website is not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such country or jurisdiction. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Residents outside of Australia may be subject to different terms and conditions that either supplement or replace certain provisions in this Agreement. We encourage you to check the terms corresponding to your country of residence.

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement (wholly or partially) from time to time. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted. If you do not accept or agree to abide by this or any future Agreement, please do not use or access (or continue to use or access) the Website. 

Notwithstanding any other terms and conditions, agreements, documents or otherwise posted on the Website, this Agreement, together with our Privacy Policy, represents the complete Agreement between you and Neon City regarding your use of the Website and any purchases therein. All Terms mentioned herein shall supersede any other documents with regard to the terms and conditions of sale on the Website. Any variance from these terms requires Neon City’s express written agreement, which must be given no later than order acceptance. If there is any discrepancy between these Terms in any other language and the original English version of this document, the Terms of the English version shall prevail.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Website. We reserve the right, in our sole discretion, to refuse offering our Services to any individual or entity and modify our eligibility criteria at any given time. 

UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, DISPUTES BETWEEN YOU AND US, EXCEPT FOR CERTAIN TYPES DESCRIBED IN THE DISPUTES SECTION OF THIS AGREEMENT, SHALL BE RESOLVED THROUGH BINDING, INDIVIDUAL MEDIATION. YOU ALSO AGREE TO WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (VIA LAWSUIT, ARBITRATION OR MEDIATION) OR BY JURY TRIAL.

DEFINITIONS AND INTERPRETATION

In these Terms, words and expressions are defined either (i) in the body of these Terms, or (ii) defined as set out below, unless the contrary intention appears:

“Content” means, including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, stories, general artwork and any other content. 

“Contract” means the contract between you and Neon City for the use of the Site and the sale and purchase of the Goods, as defined by these Terms and the applicable Order.

“Custom Goods" means customized LED neon sign products created according to your specifications, originating from User-Generated Content you uploaded to, and ordered through, the Website.

“Force Majeure Event” means any occurrence, non-occurrence or set of circumstances that prevents us, in whole or in part, from performing any of our obligations or satisfying any conditions under this Agreement and that is beyond our reasonable control (including our contractors/suppliers), and is not caused by our (including our contractors/suppliers) negligence, lack of due diligence, or failure to follow Prudent Industry Practices, or by our breach of this Agreement, including, but not limited to, acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; epidemics or pandemics; or acts or threats of terrorism.

"Goods" means the products (including, where applicable, Custom Goods) that are specified in your Order as the products you wish to purchase pursuant to these Terms.

“Intellectual Property Rights” means any and all intellectual property rights and other similar proprietary rights in any jurisdiction, whether registered or unregistered, and whether owned or held for use under license with any third-party, including all rights and interests pertaining to or deriving from patents and patent applications, re-examinations, extensions and counterparts claiming property therefrom; inventions, invention disclosures, discoveries and improvements, whether or not patentable; computer software and firmware, including data files, source code, object code and software-related specifications and documentation; works of authorship, whether or not copyrightable; trade secrets, business, technical and know-how information, non-public information, and confidential information and rights to limit the use of disclosure thereof by any person; trademarks, trade names, business names, service marks, certification marks, service names, brands, trade dress and logos and the goodwill associated therewith; proprietary databases and data compilations and all documentation relating to the foregoing, including manuals, memoranda and record; domain names; and licenses of any of the foregoing; including in each case any registrations of, applications to register, and renewals and extensions of, any of the foregoing with or by any governmental authority in any jurisdiction. “Invention” means any products, process, ideas, improvements, discoveries, inventions, designs, algorithms, financial models, writings, works of authorship, content, graphics, data, software, specifications, instructions, text, images, photographs, illustration, audio clips, trade secrets and other works, material and information, tangible or intangible, whether or not it may be patented, copyrighted or otherwise protected (including all versions, modifications, enhancements and derivative work thereof).

“Losses” means any and all liabilities, obligations, losses, damages, deficiencies, penalties, demands, taxes, levies, actions, judgments, proceedings, claims, settlements, suits, costs, charges, fines, legal fees, accountants' fees, disbursements or expenses.

“Neon City”, “we”, “us” or “our” means Soul District Pty Ltd (ACN 657 806 712) trading as Neon City.

“Order” means a request by you to purchase the Goods from Neon City in accordance with these Terms.

"Price" means the amount you must pay us for the Goods, as specified on our Website or in your Order. The Price includes shipping, the cost of which is detailed when placing your Order, unless stated otherwise, but excludes any taxes which will be specified at the end of your Order, if applicable. 

“User-Generated Content” means any Content or any other details, specifications or particulars that you upload to the Website or when placing an Order for Custom Goods.

"Website" means the website https://www.neoncityinc.com/ (inclusive of any subdomains such as https://www.neoncityinc.com.au/) owned and operated by Neon City.

“you” or “your” means you as the user of the Website and/or you or the entity named in the Order responsible for the purchase of the Goods from Neon City.

 

TERMS AND CONDITIONS OF SALE

1. ORDER AND FORMATION OF CONTRACT

By submitting an Order, you are making an offer to purchase the Goods at the Price set out on the Website. Each Order you submit (and if subsequently accepted by Neon City) will be a separate and binding Contract between you and Neon City with respect to the supply of Goods, in accordance with these Terms. An account is automatically created upon submitting an Order.

Full payment must be made at the time of submitting the Order by using any one of the payment methods we accept on the website. To facilitate purchases made on the Website, we have partnered with a third-party payment processor which uses various fraud prevention protocols and industry standard verification systems to reduce fraud and secure your payment. 

You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.

By placing an Order or making a payment through the Website, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description "Neon City", or similar. Please be aware that your payment provider may charge you a fee for their services, such as a processing fee or online handling fee. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them.

You warrant that all the information provided to us for the purpose of processing payments is correct and up-to-date and you are authorized to utilize the preferred payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide. Please be aware that some jurisdictions might require our payment processor to engage third-parties under strict confidentiality and data protection obligations for the purpose of rendering payment processing services. For more information regarding the collection, use, management, processing and disclosure of your data, please refer to our Privacy Policy.

Neon City, at its sole discretion, reserves the right to cancel your Order at any stage and for any reason, including in the event that we are unable to verify the information you provide, or the payment method that you have selected, or due to your payment being declined. In the event of a cancellation by Neon City, we will refund you the full amount that you have paid.

Our Website will guide you through the steps you need to take to place an order for the Goods and make a payment. Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process. 

All Orders placed through the Website are subject to confirmation and acceptance by Neon City. When you place an Order, you will receive from us an Order confirmation by email sent to the email address provided in your Order. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A Contract between us for the purchase of the Goods will not be formed until we send you a follow-up email confirming production/preparation of your Order from us, and not before we receive payment for the Goods and any applicable delivery costs. We are not obliged to supply the Goods to you until we have accepted your Order. 

Neon City reserves the right to accept or reject your Order for any reason, including without limitation, the unavailability of any Goods or materials, an error in the price of Goods or discount taken off your order in the form of a promotion, an error with the Goods description posted, or an identified error in your Order. We will either not charge you or refund the charges for orders that we do not accept.

Once we accept your Order, we will allocate a unique order number to your Order and email it to you. Please include this order number when contacting us about your Order. 

Ownership of the Goods will be transferred to you once full payment for the Goods and any applicable delivery costs is received by us. 

2. ACCEPTANCE AND REJECTION OF ORDERS

Neon City reserves the right to accept or reject your Order as determined in Neon City’s sole discretion, for any reason, including, without limitation, the availability of Goods or materials requested/required, or noncompliance with these Terms.

You acknowledge that the manufacturing/production time and/or the shipping time of any such Goods may be affected due to Goods or material constraints.

Please note that any Goods made available through the Website are intended for non-commercial use, and purchase of any Goods for resale purposes is strictly prohibited. We reserve the right to reject or cancel your Order if we have any grounds to believe it is not intended for personal use, as determined in our sole discretion. 

Furthermore, we reserve the right, in our sole discretion, to take measures to confirm any financial, business or personal information in order to verify your identity to facilitate the processing of your Order. 

When we accept an Order, it represents an agreement by Neon City to supply you the Goods (or Services) in accordance with the Order and these Terms.

In the event that we reject an Order, we will make reasonable endeavors to notify you of that rejection and the reason for rejection via email. Neon City will not be liable to you for your loss or that of any third-party for the rejection of an Order.

Where we reject an Order and your payment for the Goods (or Services) has already been processed, we will refund any money paid to us in respect of that Order. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. Neon City is not liable with respect to any loss you or any third-party might suffer as a result of any delay in processing your refund.

If we are unable to contact you in relation to your Order under these Terms using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the Order in accordance with these Terms.

3. GENERAL CUSTOMIZABLE GOODS

Neon City and its affiliated entities and/or its licensors retain all Intellectual Property Rights in the Goods. We reserve the right to modify the Goods to comply with changes in applicable laws and regulatory requirements.

The information and description of the Goods are provided by Neon City in good faith. To the best of our knowledge, the information and descriptions are accurate and current. However, we do not warrant that the information and description of the Goods are accurate, current, reliable, complete or error-free. 

Neon City puts in dedicated efforts to faithfully and accurately depict our products, but it is important to note that we cannot guarantee that the colors displayed on your device will precisely match or represent the actual color of the imaged product.

You acknowledge and agree that:

• all pictures and images of product displayed on the Website are for illustration purposes only;
• the sizes and dimensions of product may differ in real life;
• you have read any corresponding written description of the product prior to placing your Order;
• the color of product as shown on the Website may vary in real life;
• where we provide sizing or other measurements in the descriptions of a product (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to placing your Order; and
• any accessory featured with the product is for illustration purposes only, unless otherwise specified.

If you have any concerns or queries regarding color matching, color specifications, product sizing or anything else, please contact us at hello@neoncityinc.com prior to placing your Order so we can assist you. 

4. CUSTOM GOODS

Certain limitations exist when using neon flex (tubing) to produce neon products. These limitations are due to the manufacturing/production method and/or the neon flex used. You hereby acknowledge that Custom Goods may have certain restrictions imposed on them due to such limitations. For instance, certain font characters or symbols may not be replicated to the exact same specification or appearance as the font used, such as characters or symbols which use accents (dots and squiggles), and therefore a lower case “i” or “j” cannot be used or, if used, will have a slight variation to their appearance (a dash or small circle instead of a dot). If you any have questions regarding any such restrictions, please contact us prior to placing your Order.

By purchasing Custom Goods, you hereby grant Neon City, its affiliated entities, vendors, successors, assigns and licensees a nonexclusive, royalty-free, full paid up, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use the User-Generated Content to manufacture/produce the Custom Goods and to use the Custom Goods for any purpose, including, without limitation, to reproduce, modify, adapt, create derivative works from, distribute, copy, display and otherwise use the Custom Goods, in any manner in connection with the operation of the Website or Service, including, without limitation, its marketing, advertising and promotion, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you.

By purchasing Custom Goods, you represent and warrant that you own any and all rights (including Intellectual Property Rights), titles, interest and all copyrights to the User-Generated Content and any and all elements thereof; and that your User-Generated Content is entirely your own original creation and has not been copied, wholly or substantially, from any other source, and that your User-Generated Content will not misappropriate, infringe or violate the rights (including Intellectual Property Rights) of any third-parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality, and that the manufacture/production and supply of the Custom Goods by Neon City and its affiliated entities, its agents, suppliers or partners will not infringe or violate the rights (including Intellectual Property Rights) of any third-parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. 

You agree to indemnify Neon City and its affiliated entities for any and all claims and Losses arising from, directly or indirectly, or in connection with any breach or alleged breach by you of the warranties set forth in this section. 

Because this Website can be accessed internationally, please be advised of the following:

• the products or services offered on the Website are not intended for sale or use in any country or jurisdiction where such sale or use of the products or services would be contrary to the law or regulation of that country or jurisdiction. Furthermore, anything in connection to linked sites should not be interpreted as endorsing, promoting or soliciting any product or service, or the use of any product or service that do not comply with laws and regulations of the country or jurisdiction you are located in;
• any and all references to a Neon City product or service on the Website does not suggest or imply that such product or service is available, currently or in the foreseeable future, in your country or jurisdiction where different regulations and conditions of use may apply; and 
• any such reference does not suggest or imply any intent on our behalf to sell or provide such a product or service in your country or jurisdiction. It is your responsibility to establish if the product or service is or is not prohibited in your country or jurisdiction.

The Website's Content includes details about products and services the availability of which may vary in different countries or regions of the world, and may be branded under different trademarks based on the country, and where applicable, may necessitate approval or clearance by government regulatory bodies with different indications and/or restrictions for sale or use in different countries.

Neon City reserves the right to reject any Order for Custom Goods if, in its sole discretion, the Order breaches Neon City’s Terms herein.

Information about our products can be found on their respective product pages. However, please contact us at hello@neoncityinc.com if you have any questions.

5. ORDERS, PRICING AND PAYMENT

The price of our Goods and Services are specified on the Website. In respect of any Order, we will charge you and you agree to pay the full Price (which is the price at the time the Order is placed), and the delivery cost (if any).

The price of your Order will be quoted including or excluding sales taxes depending on the delivery address: (a) Products delivered within Australia will be quoted inclusive of Goods and Services Tax (“GST”); and (b) Products delivered outside of Australia will be quoted exclusive of sales tax. 

For customers outside of Australia, by placing an Order with us through our Website, you acknowledge that you are entering into an international transaction with us. Furthermore, you acknowledge that you may be charged an international transaction fee according to your bank’s policies. We do not charge this fee or control when your bank will charge it.

Delivery costs are not included in the price; these will be added at the checkout and will be indicated as a separate charge on your Order or quote (except, in circumstances where free delivery is offered). Our delivery costs are as follows:

• Standard Delivery for Orders below US$60.00 incurs a cost of US$19.99;
• Standard Delivery for Orders equal to or over US$60.00 incurs a cost of US$0.00; 
• the option of express delivery is available at the cost of US$99.00.

The prices applicable to the Goods and Services on the Website are those in effect at the time the Order is placed. However, Neon City reserves the right to change or alter prices of Goods and Services for any and all future orders without any notice. 

You must pay for the Order in full at the time of ordering by using one of the payment methods we accept on the website. You can view our Payment Options here. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should contact them in the first instance to try to resolve the issue, or use an alternative payment method in order to continue with your Order.

By making an Order, you expressly authorize us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third-parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorization, to conduct loss minimization and anti-fraud measures and to authorize individual purchase transactions. 

Neon City uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

While we make every effort to offer accurate pricing and other relevant information for the Goods and Services on the Website, we are not immune to errors. We therefore reserve the right, in our sole discretion, to refuse to accept, to not process or to cancel any Orders placed for any Goods or Services, including, but not limited to: 

• if there has been an error in the imagery, price or description of Goods or Services on the website; or
• if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.

Furthermore, we reserve the right, in our sole discretion, to refuse to accept, to not process or to cancel any Orders placed for any Goods or Services, including, but not limited to:

• we suspect that you might on-sell our products to other consumers; or
• if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud.

If your Order is canceled or not accepted or processed for any reason, you will be notified on the Website or by email. 

When you place an Order, you will receive from us an Order confirmation by email sent to the email address provided in your Order. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A Contract between us for the purchase of the Goods and/or Services will not be formed until we send you a follow-up email confirming production/preparation of your Order from us, and not before we receive payment in full for the Goods and any applicable delivery costs. We are not obliged to supply the Goods or Services to you until we have accepted your Order. 

Until the time when we accept your Order, we reserve the right to refuse to process your Order. If we have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

Neon City, in its sole discretion, may offer from time to time various discounts, promotions or limited time offers (collectively, the “Offers”) for our Goods and Services. The Offers on our Website are without obligation and we may change, suspend or discontinue them at any time. It is your responsibility to ensure that the Offer is valid and that you make use of the Offer at the time of placing your Order. We cannot apply the Offer retrospectively once you have submitted your Order. You may find more information about the available Offers on the Website, in the marketing and promotional emails or via other channels, events or third-party avenues we may use or participate in. Any Offers apply to the original price of full priced Goods or Services.

6. DELIVERY

Neon City uses its preferred carriers to deliver your Goods to the physical delivery address advised by you in your Order. You agree to your details including your delivery address being supplied to the carrier for the purpose of delivering your Goods.

The expected shipping time for a standard delivery is 2-4 weeks following confirmation of your Order. If you have selected express delivery, we prioritize delivery of the Goods within 10-14 business days from the time the Order is placed. However, the fulfillment of your Order is contingent on the delivery date specified in the Order Confirmation. In the absence of a specified date, you can expect the Goods to be delivered within 30 days from the Order Confirmation date, with the exception of pre-orders and extraordinary circumstances.

You acknowledge and agree that notwithstanding anything else stated on the Website:

1. Neon City cannot guarantee that delivery will occur in the stated delivery time frames;
2. stated delivery time frames, whether in these Terms or an Order, are indicative and not regarded as strict deadlines, and may change from time to time due availability of manufacturing/production supplies, delays on the customer confirming any custom design mockups, transportation methods, unforeseen circumstances or a Force Majeure Event; 
3. except where required by applicable law, Neon City is not liable with respect to any loss, damage, cost, expense or injury you or any third-party suffers as a result of a change in delivery time, a delay in delivery and/or a Force Majeure Event;
4. cancellation of pending orders due to a change in delivery time, a delay in delivery and/or a Force Majeure Event, whether in whole or in part, is strictly prohibited; and 
5. the Goods ordered will be at your risk.

Delivery of the Goods will take place at the delivery address specified by you during the order process. Goods cannot be delivered to PO Boxes. If we are unable to deliver your Goods to the delivery address due to no one being available at your delivery address, or due to the size of the package or because there are restrictions on access to the delivery address or it is unsafe or impractical to make delivery, or for any other reason, the carrier may leave a delivery attempt notice to advice that the Goods have been returned to their local depot. It is your responsibility to follow the instructions stated on the delivery attempt notice to obtain your Goods purchased pursuant to the Order.

Delivery shall be completed when we deliver the Goods to the delivery address advised by you in your Order, or in the event of a failed delivery, when you collect the Goods from the carrier’s local depot, place or location specified on the delivery attempt notice

Where you do not collect your Goods from the local depot, place or location specified on the delivery attempt notice, you may be required to pay any associated additional fees for storage and/or redelivery.

Title of the Goods will be transferred to you upon receipt of the ordered Goods by you, and settlement of all outstanding amounts owed for the Goods, which include any applicable delivery charges.

Responsibility of the Goods shall pass to you upon delivery of the Goods. If delivery is delayed, responsibility shall pass at the date when delivery would have occurred. 

You must take care when opening the Goods so as not to cause any damage, particularly when using any sharp instruments.

7. RETURNS AND REFUNDS

All neon pieces sold by us are deemed Custom made products. Customized products and designs are a bespoke manufacturing Service whereby we manufacture Goods to your specifications and therefore refunds and returns of Goods are not possible. We will accept no returns of your Goods. We therefore encourage you to take care with the specifications and take care to understand the terms and conditions of your Order. By placing an Order or by accepting and/or signing off the quote you agree to pay for the Goods listed and understand that no refund, replacement, compensation, return or exchange due to “change of mind” or otherwise, can be claimed for the Goods once the Order has been placed. This does not affect your statutory rights.

Once an Order has been placed and paid for, pending acceptance of the Order by us, the manufacturing/production stage starts immediately and costs are borne immediately by us. Therefore, we stress that once an Order has been placed, it cannot be cancelled by you and returns and refunds cannot be accepted. This also applies to orders for limited edition installations and gift cards. 

The following Goods shall be considered Final Sale:

• all purchases for General Customizable Goods; 
• all purchases for Custom Goods; 
• In the event that you are engaging in a business capacity and not acquiring or purchasing the Goods for personal domestic use as a consumer;
• all limited edition installations; and 
• gift cards.

Should the Goods arrive to you in a damaged state, you must inform the carrier and us in writing within forty-eight (48) hours. The written notification should include the buyer’s name, address, Order number, along with photographic and video evidence (both mandatory) verifying the damage to the Goods and its packaging, and a brief description of the fault. Our obligations will be void if this request and timeframe are not met. Please ensure you include a photograph capturing the entire neon sign, along with detailed photos and a video showing the damage to both the sign and its packaging.

Upon delivery, you are responsible for inspecting the Goods thoroughly. Should there be any alleged defect, damage, shortage in quantity, or non-compliance with the description or quote, you must notify us in writing within forty-eight (48) hours of delivery. You must grant us a reasonable amount of time to inspect the Goods following delivery. Your failure to adhere to these provisions will result in the Goods being conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

If the Goods are found to be faulty and there has been a genuine manufacturing/production error on our part, we will investigate and endeavor to repair or replace affected Goods as we see fit in order to supply Goods to specification. This does not include ordering errors on your part, and does not supersede other related terms.

Please write an email to hello@neoncityinc.com for all claims, queries or technical problems.

8. PRIVACY AND PERSONAL DATA

We are committed to protecting your personal data and privacy. For information on how Neon City collects, uses, discloses and process your information, please review our Privacy Policy. Your use of the Website and/or our Services indicates your consent to the data practices stated in our Privacy Policy.

9. CONTACT

If you have any queries or concerns about these Terms, or if you do not understand the Terms, please contact us via email at accounts@neoncityinc.com. 

In the event that we need to contact you, we will use the email address you provided to us in your Order or the contact information you provided on our Website.

 

TERMS AND CONDITIONS OF USE

1. WEBSITE USE AND CONTENT OWNERSHIP

Except for User-Generated Content defined herein, all of the content on our Website, including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, stories, general artwork and any other content (collectively, the "Content"), is either owned by Neon City or portions of the Content has been acquired through arrangements with third-parties, and is protected by copyright, trademark, patent and other Australian and foreign intellectual property laws. Neon City reserves all rights not expressly described in these Terms. 

The accuracy of any Content you access on or through the Website is not guaranteed by us, either now or in the future. Under no circumstances are you allowed to use or post any of the Content on any other website or in a networked computer setup.

All Neon City trademarks, service marks, logos and trade names (collectively, the “Neon City Trademarks”), located, displayed or otherwise used in connection with the Website, Content or sale of Goods, whether registered or unregistered, are owned and/or licensed by Neon City and its affiliated entities. You do not acquire a license or any ownership rights to any trademarks, service marks, logos or trade names through your access or use of the Website, Content or Services.

Names and/or logos of other companies, products, and services located, displayed or otherwise used in connection with the Website, Content or Goods, may be trademarks, service marks, logos or trade names owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Neon City Trademarks, the “Trademarks”).

You do not acquire any license or ownership rights, implied or otherwise, in the Content located or displayed on the Website or otherwise used in connection with the Goods, (including any trademarks or other intellectual property), and you must not use the Content in any way for any public or commercial purpose. Neon City reserves the right to take down any Content in violation of these Terms or Neon City’s intellectual property rights. Neon City will automatically terminate your right and/or access to the Content and Website at any time if you are in violation of these Terms. 

You agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, assign, license, sublicense, create derivative works of, or in any way exploit any Content for any public or commercial use, including User-Generated Content (unless it is your own User-Generated Content that you legally post on the Website or its third-party affiliates), without Neon City’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws.

You agree not to change or delete any ownership or other proprietary notices from original Content downloaded, copied or printed from our Website.

You must obtain our prior written consent before using any Neon City Trademarks as part of a link to or from any website. With the exception of negative feedback on products or Services, use of the Trademarks is prohibited for any purpose that could defame, discredit or disparage us, or any relevant third-party, our or their products or services, or in any way that may harm the goodwill associated with the Trademarks. We shall receive the benefit of all goodwill that arises from the use of any Neon City Trademarks.

2. ACCOUNT REGISTRATION

Certain features or services offered on or through the Website may require you to register an account. 

You are only eligible to use the Website if you are of legal age in your country/region (generally under the age of 18) or if you have consent and being directly supervised by your parent or guardian. There may be certain age restrictions for specific Website services in various countries or regions.

When registering or subscribing with Neon City, you may agree that we contact you with newsletters, invitations, offers and promotions. If you do not wish to be contacted, please exercise the “unsubscribe” option on these newsletters, invitations, offers and promotions but you’ll no longer get access to discounts and the offers made exclusively to Neon City account holders or mailing-list subscribers.

When you register for an account with us, you must (a) provide accurate and current registration information; (b) keep your registration personal; do not register for more than one Neon City account, register a Neon City account on behalf of someone else, or transfer your account; (c) keep your username, password and other login credentials secure and do not allow anyone else to use your account; and (d) inform us immediately of any unauthorized use of your account. You are responsible for anything that happens through your Neon City account, with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEON CITY AND ITS AFFILIATE ENTITIES ARE NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

Account registration and subscribing with Neon City is free. We reserve the right, in our sole discretion, to refuse your application or terminate your registration or subscription for any reason and at any time.

3. PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

• Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
• Use any information obtained from the Website in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Website in a manner inconsistent with any applicable laws or regulations. 
• Engage in unauthorized framing of or linking to the Website.
• Introduce, upload or transmit (or attempt to introduce, upload or to transmit) viruses, Trojan horses, harmful code and/or other material into the Website, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content. 
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
• Transmit or attempt to transmit any Content, information or other materials that are, or which Neon City considers in its sole discretion to:
• be defamatory, libelous, obscene, pornographic, offensive, hateful, scandalous, harmful, unlawful, vulgar, threatening, or inflammatory to any person or group;
• be objectionable, including without limitation expressions of racism, profanity, hatred, prejudice or bigotry;
• be threatening, abuse or invade another’s privacy, or cause annoyance,
• promote sexually explicit material;
• promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
• advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
• cause inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case; and/or
• contain anything that is objectionable or inhibits any other person from using or enjoying the Website, or which may expose Neon City or its users to any harm or liability of any kind.
• Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
• Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Attempt or permit any third-party to decipher, decompile, disassemble, translate, derive the source code, or reverse engineer any of the software comprising or in any way making up a part of the Website, or interfere with, rent, sell or lease the Website, for any part thereof or access thereto.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Website. 
• Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Website for the promotion or advertisement of any goods, services or opportunities. 
• Use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

4. THIRD-PARTY WEBSITES AND CONTENT

The Website may contain (or you may be sent via the Website) links or references to other non-Neon City websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, services and other materials, content or items belonging to or originating from third-parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, verified, edited, censored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed and/or used through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Neon City has no control over the Third-Party Websites and Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval, endorsement or acceptance of any responsibility thereof by us, and vice versa. 

If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any Losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

5. WEBSITE AVAILABILITY AND DISCLAIMERS

Except as otherwise expressly provided herein, the Website, all Content and information of the Website, all online facilities, services and tools, (collectively, the “Services”), and all Goods offered in connection with the Website are provided, "as is” and on an “as available” basis, with all faults and/or defects and without any warranties of any kind, 

The information contained on this Website is provided by Neon City in good faith. To the best of our knowledge, the information is accurate and current. However, we are not bound to update the information on the Website and we are not making any promises of any kind, including about the Website’s accuracy, adequacy, usefulness, reliability or otherwise. To the maximum extent allowed by applicable law, Neon City is not liable for any information or Content found on the Website, and is not responsible or liable for any User-Generated Content posted on the Website.

To the fullest extent permitted by law, Neon City disclaims all warranties, express or implied, regarding the Website, Content, User-Generated Content and any Goods or Services you may obtain or access through the Website, including, but not limited to, fitness for a particular purpose, non-infringement, accuracy of information, compatibility and satisfactory quality. 

Neon City does not guarantee that the Website will be uninterrupted, or error-free, that any defects will be corrected, or that the Website is free of viruses, malware, or anything else harmful, and will assume no responsibility for any part thereof. You are solely responsible for your own security, that of your Device(s) and your personal details, and any potential damage to your Device(s), resulting from accessing the Website, to the extent applicable law does not provide otherwise.

The right to modify, suspend, or terminate any part (or all) of the Services is reserved by Neon City. Unless expressly stated otherwise, these Terms will continue to apply to any altered Services.

We hope you enjoy and get the full benefit of the Website, however, we do not guarantee any results.

6. USER-GENERATED CONTENT

You acknowledge that you are responsible for any User-Generated Content that you submit, upload, post or otherwise provide or make available to Neon City or its vendors, on or through the Website or otherwise, including User-Generated Content you agree to allow the use of that is on third-party companies’ websites, including, without limitation, Instagram, Facebook, Twitter, TikTok and Pinterest, and that are associated with hashtags related to Neon City, including, without limitation, #neoncity, #neoncityinc, (collectively, the “Neon City Hashtags”), or tagging the @neoncity, @neoncityinc (collectively, the “Photos”).

Such User-Generated Content may be used on the Website and/or on other Neon City products and/or marketing materials, including, with no limitations, emails, social media and signage. You therefore acknowledge and agree that Neon City may use the User-Generated Content, including that in connection with any Neon City Hashtags and Photos, and herby grant us permission to use and authorize others to use your name, username or social media handle or ID, in association with the User-Generated Content, Neon City Hashtags and Photos for identification, including, without limitation, marketing, advertising and promotion related to our Goods and Services, including after termination of your Account or the Services. 

If your User-Generated Content is selected by Neon City to be used, it may be displayed for other users to see, together with your name and associated social media modifier (if applicable) profile information (such as your handle and profile picture). Neon City is under no obligation to display, feature or use any User-Generated Content, but may do so at its sole discretion. 

Any User-Generated Content will be treated as non-confidential. Any User-Generated Content will also be treated as non-proprietary, except as specifically set forth herein. By uploading any User-Generated Content, you hereby grant, and you represent and warrant that you have the right to grant, Neon City, its affiliated entities, vendors, successors, assigns and licensees a nonexclusive, royalty-free, full paid up, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, copy, upload, publicly perform, store, display and otherwise use any User-Generated Content, as well as any name, username, social media handle or ID, profile picture, image, voice, likeness, comments, posts, statements or any other information provided in connection with your User-Generated Content, in any manner in connection with the operation of the Website or Service, including, without limitation, its marketing, advertising and promotion, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you.

You also acknowledge that your User-Generated Content may not be returned and agree that we may use your User-Generated Content, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, production, distributing and marketing products, including after termination of your Account or the Services.

Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your User-Generated Content, unless otherwise agreed in writing.

By uploading any User-Generated Content, you represent and warrant that you own or otherwise control any rights (including Intellectual Property Rights), titles and interest, including, without limitation, all copyrights and rights of publicity contained therein, to the User-Generated Content and any and all elements thereof; that you have the rights from any and all third-parties appearing in such User-Generated Content to grant the license contained in these Terms for such third-parties' names, usernames, social media handles or IDs, profile pictures, images, voice, likeness, comments, posts, statements and any other third-party owned elements as necessary in and as part of your User-Generated Content; and that your User-Generated Content, including to the extent that such User-Generated Content includes your name, username, social media handles or IDs, profile pictures, images, voice, likeness, comments, posts, statements or any other information, will not misappropriate, infringe or violate the rights of any third-parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. 

You further represent and warrant that your User-Generated Content complies with all applicable laws, rules and regulations, and any third-party agreements or contractual duties to which you are subject, including, with no limitation, Instagram, Facebook, Twitter and Pinterest's Terms of Use.

You further represent and warrant that your User-Generated Content will not:

• contain any material that is false, untruthful, inaccurate, deceptive, fraudulent or misleading;
• contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, vulgar, tortious, profane, obscene, scandalous, hateful, threatening, or inflammatory;
• promote sexually explicit material, contains or depicts nudity or sexual activity;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;
• contain viruses, malware, corrupted code or data, or other harmful, disruptive, or destructive files;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case; and/or
• contain anything that, in the sole determination of Neon City, is objectionable or inhibits any other person from using or enjoying the Website, or which may expose Neon City or its users to any harm or liability of any kind.

You agree to indemnify Neon City, our vendors, and third-parties, including, with no limitations, Instagram, LLC, Facebook, Inc., Twitter Inc., TikTok Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with:

1. the use of any User-Generated Content, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media handle, or ID, profile picture, image, likeness, comments, posts, statements or other information and/or the User-Generated Content; or 
2. any breach or alleged breach by you of any of these Terms or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO NEON CITY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

When you upload any User-Generated Content, you acknowledge and agree that the User-Generated Content will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Neon City without restriction. 

You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User-Generated Content that you may have under any applicable law or under any legal theory.

Neon City reserves the right, at its sole discretion, to edit any User-Generated Content and to choose to include or not include such User-Generated Content on the Website or otherwise use the User-Generated Content. 

The Website may include the opinions, statements and other content of third-parties. Neon City is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third-parties through the Website are those of such third-parties and not of Neon City, including its licensors and/or vendors, and Neon City does not endorse any such opinions, statements, or materials.

It is important for you to be aware that the technical handling and transmission of the Website data, along with your User-Generated Content, may encompass:

• data transmissions across different networks; and 
• adjustments made to conform and adapt to the technical specifications of interconnected networks or devices.

You acknowledge and agree that we may store and/or disclose User-Generated Content, whether mandated by law or believed to be reasonably necessary under the following circumstances:

• to uphold and enforce the provisions stated in these Terms; 
• to address claims that any User-Generated Content infringes upon the rights of third-parties; 
• to adhere to legal procedures, applicable laws, or government requests or inquiries; or 
• to protect the rights, property, or safety of Neon City, our users, and the general public.

You acknowledge and agree that Neon City has no control over, and shall have no liability for any damages resulting from, the use, including, without limitation, re-publication or misuse by any third-party of any User-Generated Content.

7. COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

Allegedly infringing materials on the Website may be removed or suspended in our sole discretion or as defined by law. Repeated infringement by a user of the Website or Services may result in a termination of that user’s access to and use of the Website and Services.

If you believe that anything posted on the Website infringes any copyright that you own or control, please provide Neon City’s designated Copyright Agent with the following written information required under the Copyright Act 1968 (Cth):

1. Name, address, telephone number, email address, and physical or electronic signature of the copyright owner, or someone authorized to act on the copyright owner’s behalf;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Website or Services, with reasonably sufficient information that Neon City may find it;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. Provide proof of ownership or control which demonstrates that you are the copyright owner or have the authority to act on behalf of the copyright owner. This may include providing information about the creation or acquisition of the copyrighted work;
6. A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Neon City’s designated Copyright Agent for notice of claims of copyright infringement on this Website can be reached by email at accounts@neoncityinc.com

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website and Services without liability.

8. TERMINATION

Neon City may terminate, modify suspend or discontinue all or any aspect of the Website, including the availability of any features, Goods or Services at any time without notice.

Neon City reserves the right, in its sole discretion, to modify, remove or change any Content, including that of third-parties, on or from the site. 

Neon City may terminate or suspend your account, delete your profile or any of your User-Generated Content, and restrict your use of all or any part of the Website or Services at any time and for any reason, including breach or the threat to breach any of the Terms herein, without any liability to Neon City, subject to applicable law.

You understand and agree that some of your User-Generated Content, particularly that which is displayed in an activity feed, third-party website, or in other public places on the Website, may continue to appear publicly and on third-party websites even after your account is terminated, subject to your right to have your User-Generated Content removed upon request in accordance with applicable law.

These Terms remain in effect even after your account is terminated or you have stopped using the Website or Services.

9. SEVERANCE

If any provision of these Terms is found to be invalid, void or unenforceable, the provision will be deemed severed from the Terms or Terms of Use and the remainder of the Terms will continue in full force and effect. Any failure by us to enforce strict performance of any of these Terms or Terms of Use will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms or Terms of Use.

10. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY

YOU USE THE WEBSITE, ITS PRODUCTS AND SERVICES AT YOUR OWN RISK. THE WEBSITE, ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, NEON CITY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, VENDORS, SUPPLIERS AND LICENSORS (REFERRED TO COLLECTIVELY AS “NEON CITY AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ITS PRODUCTS AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

IN PARTICULAR, THE NEON CITY AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE PURCHASE AND/OR USE OF THE GOODS, AND/OR ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND SERVICES (INCLUDING ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES), OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE WEBSITE OR SERVICES. THE NEON CITY AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR ERRORS, MISTAKES OR OMISSIONS HEREIN; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE PURCHASE AND/OR USE OF THE GOODS, YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; (E) ANY COMPUTER VIRUSES, MALWARE OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICES; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICES. YOU AGREE THAT YOU USE THE GOODS AND/OR SERVICES AND THE CONTENT AT YOUR OWN RISK. 

THE NEON CITY AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE WEBSITE OR SERVICES OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES, OR THIRD-PARTIES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEON CITY OR THROUGH THE WEBSITE OR SERVICES OR THIRD-PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL THE NEON CITY AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, PERSONAL INJURY, WRONGFUL DEATH, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE WEBSITE, SERVICES OR THESE TERM, OR IN RELATION TO THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT WITHIN IT, OR THE PERFORMANCE OF THE GOODS PURCHASED THROUGH THE WEBSITE OR SERVICES, OR EXCEPT AS OTHERWISE STIPULATED BY APPLICABLE LAWS AND REGULATIONS CONCERNING PERSONAL DATA SECURITY, ANY CLAIMS OR ISSUES ARISING FROM UNAUTHORIZED ACCESS, ALTERATION, TRANSMISSION, RECEIPT, OR NON-RECEIPT OF YOUR DATA OR INFORMATION. EVEN IF NEON CITY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, THE PARTIES ACKNOWLEDGE THAT THIS ALLOCATION OF RISK IS REASONABLE.

UNLESS OTHERWISE AGREED IN WRITING, THE NEON CITY AFFILIATES PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, RELIABILITY, USEFULNESS, CURRENCY OR ACCURACY OF ANY STATEMENTS OR OTHER CONTENT, PRODUCTS, OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR THE WEBSITE, AS YOU ACKNOWLEDGE THAT NEON CITY HAS NO CONTROL OVER ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD-PARTIES THROUGH ANY WEBSITES, INCLUDING ITS OWN.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEON CITY FOR ANY CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT OF US$100.00.

THE NEON CITY AFFILIATES PROVIDE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE WILL BE FREE FROM ERRORS OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF ANY COMPUTER VIRUSES, MALWARE OR MALICIOUS CODE. SHOULD YOUR USE OF THE WEBSITE OR THE CONTENT REQUIRE SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, THE NEON CITY AFFILIATES SHALL BEAR NO RESPONSIBILITY FOR THOSE EXPENSES.

UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS AND REGULATIONS REGARDING PERSONAL DATA SECURITY, NEON CITY PROVIDES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. TO THE EXTENT NEON CITY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF NEON CITY’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

11. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE NEON CITY AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING, REASONABLE LEGAL/MEDIATION AND ACCOUNTED COSTS), ARISING FROM OR RELATING TO: (A) ANY INFORMATION (INCLUDING YOUR USER-GENERATED CONTENT OR ANY OTHER CONTENT) THAT YOU OR ANYONE USING YOUR ACCOUNT SUBMIT, POST, OR TRANSMIT ON OR THROUGH THE WEBSITE OR SERVICES; (B) THE USE OF THE WEBSITE OR SERVICES BY YOU OR ANYONE USING YOUR ACCOUNT; (C) THE VIOLATION OF THESE TERMS BY YOU OR ANYONE USING YOUR ACCOUNT; OR (D) THE VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY YOU OR ANYONE USING YOUR ACCOUNT. IN THE EVENT OF ANY SUCH CLAIM, SUIT, OR PROCEEDING THAT PROMPTS THIS INDEMNIFICATION OBLIGATION, WE SHALL PROVIDE NOTICE TO YOU, AND YOU AGREE TO DO THE SAME BY WRITING TO ACCOUNTS@NEONCITYINC.COM. NEON CITY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IF WE DO ASSUME THE DEFENSE OF SUCH A MATTER, YOU WILL REASONABLY COOPERATE WITH NEON CITY IN SUCH DEFENSE.

12. DISPUTE RESOLUTION AND MEDIATION AGREEMENT

Any dispute or claim relating in any way to the Website and our Services, any dealings with us and our customer service agents, any transaction conducted on the Website, any representations made by us, and/or your use of our Website (including without limitation claims relating to the breach of the Terms and Conditions or Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding mediation rather than in court. Both you and Neon City understand and agree to waive the right to sue, or engage or defend in courtroom litigation to uphold or defend our individual rights. However, you may assert individual claims in small claims court if your claim qualifies and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms, regardless of whether prior versions of the Terms required mediation.

The term “Dispute” means any dispute, controversy or claim, of any and every kind or type, whether based on contract, tort, statute, regulations, or otherwise, arising out of, connected with, or relating in any way to the Agreement and/or Terms, the relationship of the Parties, the obligations of the Parties or the operations carried out under the Agreement and/or Terms, including any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, or enforceability of the Agreement and/or Terms. “Dispute” shall be given the broadest possible meaning allowable under law.

If a Dispute arises, either party may not commence mediation in relation to the dispute, unless the following provisions have been complied with:

1. A party claiming a dispute must give written notice to the other party detailing the nature of the dispute (including any relevant documentation), the desired outcome and the action required to settle the Dispute. 
2. On receipt of that notice by that other party, the parties must: 
   • within 30 days of the notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   • if for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association (AMA) or his or her nominee;
   • the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
   • the mediation, whether you live in Australia or outside of Australia, will be held in Victoria, Australia, and can be conducted by telephone, videoconference, or in-person.
3. If agreement is reached during mediation, a Terms of Settlement document is drafted, considered and signed by the parties. This is the end of the mediation process. It is important to know that the signed Terms of Settlement agreement is a binding document and can be enforced by judicial or tribunal proceedings if necessary. However, if three (3) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, OR BY JURY TRIAL, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE BOTH HEREBY WAIVE ANY RIGHT TO FILE A CLASS ACTION (VIA LAWSUIT, ARBITRATION OR MEDIATION) OR SEEK RELIEF ON A CLASS BASIS OR BY JURY TRIAL.

The mediator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this mediation provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.

All communications concerning negotiations made by the Parties arising out of and in connection with this Dispute are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

We value our relationships with our customers and will try to resolve your issues or claims informally and quickly. However, if your Dispute is not resolved by our customer service, before beginning mediation, please send the electronic notice describing the claim by writing to accounts@neoncityinc.com.

If the claim has not been resolved within 30 days of sending the notice you may then commence a mediation proceeding. The mediation will be conducted by the AMA under its rules, as modified by these provisions, and pursuant to the Small Business Commission Act 2017 (Victoria) The AAA's rules and forms are available at https://www.ama.asn.au/ or by calling +61-1300-633-428.

13. COMPLYING WITH APPLICABLE LAWS

Because this Website can be accessed internationally, ensuring compliance with the laws of your specific jurisdiction and observing all applicable local, state, provincial, territory, national, and international laws and regulations is solely your responsibility. The Content on this Website is not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to law or regulation, or which would subject Neon City or its affiliates to any registration requirement within such country or jurisdiction. Any offer for any product or service made on this Website is void where prohibited.

14. PRIVACY AND PERSONAL DATA PROCESSING

Neon City collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing your personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy. You are also accepting and acknowledging that we may process, transfer, and store information about you in Australia and other countries, where the rights and protections available to you may not be the same as those provided under local law. Please refer to our Privacy Policy for more information. 

15. MISCELLANEOUS

This Agreement is governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. Any dispute between you and Neon City that is not subject to mediation or cannot be heard in small claims court will be resolved in state and federal courts sitting in Melbourne in the State of Victoria, Australia.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.

Neon City will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Neon City’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, otherwise known as Force Majeure Event, such as but not limited to, any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; mechanical failure or degradation, electronic failure or degradation, telecommunication failure or degradation; or power outage.

If any provision of this Agreement is held to be invalid or unenforceable by any court, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section and should therefore not be given any legal import. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. 

Except as expressly agreed by us and you, these Terms constitute the entire agreement between you and Neon City and govern your use of the Website, superseding all previous or contemporaneous agreements, both oral and written.

You may not assign, transfer or sublicence these Terms to anyone without our prior written consent. However, you agree that we may assign these Terms to an Affiliate or in connection with a merger, acquisition, a sale of assets, or by operation of law, without your consent. As such, the benefits of these Terms shall extend to our successors, assigns, licensees, and sublicensees.

Goods, including any intellectual property, are subject to the rights of third-parties, such as patents, copyrights, and/or user licenses, where applicable.

We are not liable for the safeguarding or security of any email, Content, or other information you transmit online or through any network. You should safeguard any information, confidential or otherwise, which you submit to the Website as it might be accessible to the public. 

To ensure full customer support and a higher quality of service, Neon City can sign in to customer/user accounts as a customer according to Neon City’s Privacy Policy.

Neon City in its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third-party manufacturing/production services to perform any Services.

You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If you have any questions about this Agreement, please email us at accounts@neoncityinc.com