Terms and Conditions

Definitions

In these terms and conditions, the following words have the following meanings:

• Agreement means the Membership Form, Terms and Conditions, Giveaway Terms and Conditions and any other written agreement entered into between You and NeoWorld in connection with your Membership;
• Australian Consumer Law means Schedule 2 of the Competitions and Consumer Act 2010 (Cth);
• Billing Cycle means the term selected on the Membership Form (ie. monthly, yearly);
• Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland;
• Claims means, in relation to a person, any claim, cause of action, proceeding, suit or demand made against the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent;
• Copyright Material means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation;
• Corporations Act means the Corporations Act 2001 (Cth);
• Excluded Member means employees of NeoWorld, their immediate family families, including parents spouse, domestic partner, siblings and children, or any other person residing in their household;
• ETA means the Electronic Transactions Act (Queensland) 2001 (Qld);
• Fee means the monthly subscription fee payable by You in accordance with clause 5;
• Force Majeure Event means any occurrence or omission outside of a party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under this Agreement (other than a payment obligation), and includes:
  • a physical natural disaster including fire, flood, lightning or earthquake;
  • riot, civil commotion, act of public enemies, national emergency (whether in fact or in Law) or government declaration or direction;
  • epidemic, pandemic or quarantine restriction (including COVID-19);
  • supply shortage or strike, lock out, stoppage, labour dispute or shortage including industrial disputes involving any of our suppliers;
• Giveaway Terms and Conditions means the terms and conditions for the Membership Giveaway located at https://neoworld.com.au/elementor-470/.
• Government Agency means:
  • a government or government department or other body;
  • a government, semi-government or judicial person; or
  • a person (whether anonymous or not) who is charged with the administration of the Law;
• Intellectual Property includes inventions (including patents), business names, trade marks, service marks, designs, logos, Copyright Material (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), trade marks, service marks, designs and performance protection;
• Intellectual Property Rights means any and all beneficial and legal ownership and intellectual and industrial protection rights throughout the world, both present and future, including rights in respect of or in connection with any Intellectual Property and Moral Rights (whether or not now existing and whether or not registered or registrable) and includes any affairs or right to apply for the registration of such right and all renewals and extensions;
• Law means any law, whether statute or common law (including the laws of negligence and nuisance), ordinance, regulation, by-law, order or other determination of any Government Agency;
• Liability means Claims, Losses, liabilities, costs (including but not limited to legal costs), damage or expenses of any kind and however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable;
• Loss includes any loss, damage, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent;
• Members means any person who has completed the Membership Form and paid the Fee;
• Membership means the on-going subscription to the NeoWorld detailed at https://neoworld.com.au/terms-of-use/;
• Membership Benefits has the meaning given to it by clause 4.3.
• Membership Giveaway means any trade promotion conducted by Us. All current Membership Giveaways are detailed in the Giveaway Terms and Conditions;
• Moral Rights has the same meaning as in Divisions 2, 3 and/or 4 of Part IX of the Copyright Act 1968 (Cth);
• NeoWorld means NeoWorld Pty Ltd ACN 674 654 007 and We, Us and Our has a corresponding meaning;
• Offer means any services, discounts, content and information made available to Members by Partners or by NeoWorld;
• Partners means selected third parties who provide Offers to Members;
• Payment Method means payment by debit card, credit card or electronic funds transfer;
• Privacy Policy means our privacy policy accessible at https://neoworld.com.au/privacy-policy/;
• Service means the Membership provided to you by NeoWorld;
• Terms and Conditions means these terms and conditions and also includes the:
  • Privacy Policy;
  • Website Terms of Use; and
  • Membership Giveaway Terms and Conditions.
• Website means www.neoworld.com.au and associated social media platforms operated by us or on our behalf;
• Website Terms of Use means the terms of use of the Website accessible at https://neoworld.com.au/terms-of-use/; and
• You means the person(s) or entity specified in the Membership Form as the member and Your has a corresponding meaning.

General

• All Members must be eighteen (18) years or older.
• By completing and submitting a Membership Form You warrant that You have:
  • read, accepted and will comply with the Terms and Conditions; and
  • You are eighteen (18) years or older.
• NeoWorld reserves the right, in its sole discretion, to change, modify, add or remove any of these Terms and Conditions by posting the changes to the Website and notifying You in writing. We will provide You with thirty (30) days prior notice of any change, modification, addition or removal of any of these Terms and Conditions (‘Notice Period’). Your continued Membership after the Notice Period constitutes Your acceptance of the amended Terms and Conditions.

Personal Information

Any personal information that You provide to NeoWorld will be held and may be used or disclosed by Us in accordance with our Privacy Policy.

Membership

• Your Membership commences on the date You submit the Membership Form and submit payment pursuant to clause 5.2.
• You must provide accurate and complete information when completing the Membership Form and must keep this information up to date.
• Subject to these Terms and Conditions, Members may have access to the following benefits:
  • discounts at Our Partners; and
  • entry into all Our Membership Giveaways in accordance with clause 7.
• NeoWorld may modify or amend the Membership Benefits with thirty (30) days notice in writing.
• Without limiting the terms of the Privacy Policy, by providing Us with Your contact details, You consent to Us:
  • using Your email address and other contact details to send You information in relation the Membership and related notices, including our newsletter; and
  • using Your email address and other contact details to send You other messages, such as changes to the Membership, Membership Giveaway information and special offers.
• If You do not want to receive communications contemplated by clause 4.5, You may opt out or change Your email preferences. Opting out may prevent You from receiving messages from Us and experiencing all of the Membership Benefits.
• You are responsible for any activity through Your Membership online account. NeoWorld is not liable for, and You release NeoWorld from, any Claim or Liability caused or contributed by any unauthorised access or use of Your Membership online account.
• NeoWorld may, in its sole discretion:
  • refuse registration of a Membership; or
  • disable, suspend or cancel a Member’s Membership if We consider or suspect that You have failed to comply with these Terms and Conditions.

Membership Fees

General

• All Fees are quoted in Australian Dollars. These prices include any application taxes, unless otherwise stated.
• You must provide a valid, accepted Payment Method.

Billing

• By submitting the Membership Form, You authorise Us to debit the Fee from Your nominated Payment Method in accordance with these Terms and Conditions.
• The Membership automatically renews at the end of each Billing Cycle and the Fee is automatically debited until You cancel or terminate the Membership.
• NeoWorld utilises third payment software, such as Stripe. NeoWorld does not store any payment information. Information on how third parties handle this information can be found in our Privacy Policy.
• NeoWorld reserves the right, in its sole discretion, to change the Fee at any time by posting the new Fee to the Website and notifying You in writing. We will provide You with thirty (30) days prior notice of any Fee change (‘Notice Period’). Your continued Membership after the Notice Period constitutes Your acceptance of new Fee.

Termination of Membership

• You may terminate the Membership at any time by emailing [email protected].
• Following termination of the Membership, You will have access to the Membership Benefits through the end of the current Billing Cycle. At the end of the Billing Cycle, all entries into the current and future Membership Giveaways will be forfeited.
• If You fail to pay the Fees at the commencement of each Billing Cycle, We will attempt to debit the Fee from Your Valid Payment Method on two (2) further occasions. If We are unable to debit the Fee, Your Membership will be immediately terminated and all Membership Benefits will be forfeited, including any entries into the current and future Membership Giveaways.

Membership Giveaways

• Members that are:
  • individuals and are eighteen (18) years or older;
  • Australian residents; and
  • are not an Excluded Member,
• are eligible for Membership Giveaways in accordance with these Terms and Conditions.
• All current Membership Giveaways and their terms can be found in at https://neoworld.com.au/elementor-470/.
• By being a Member, You agree to be bound by the Give-away Terms and Conditions, as amended from time to time.
• Your Membership entitles You to entry into the Membership Giveaways. The number of entries you obtain is calculated as follows:
  • one entry for each continuous month You are a Member at the time the entries are generated (ie. if You have been a Member for six (6) months, you obtain six (6) entries).
• Entries are generated within forty-eight (48) hours of the Membership Giveaway being published on the Website.

Offers, Services and Discounts

• Offers may be made available as part of the Membership Benefits. Offers are provided solely for the benefit of the Member and the inclusion of an Offer is not an endorsement. NeoWorld makes no representations or warranties in relation to any Offers, including their accuracy, quality or suitability for any purpose.
• Offers are subject to the terms and conditions of the party providing the Offers.
• Unless specified otherwise, Offers can not be used in conjunction with any other offer or promotion.
• You agree to release and indemnify NeoWorld against any Claim or Loss in connection to any Offer not provided by NeoWorld.

Refund Policy

• Where the Australian Consumer Law applies to this Agreement, Our services comes with guarantees that cannot be excluded under Australian Consumer Law.
• A major failure of Our Service is a serious problem or several small problems that would stop someone subscribing to the Service if they knew about the problem beforehand, or where Our service cannot be used for its normal purpose and cannot be easily fixed within a reasonable time (‘Major Failure’).
• For Major Failures with Our services, You are entitled to:
  • cancel this Your Membership and end this Agreement;
  • a refund for the unused portion of Your Fees, or compensation for its reduced value; and
  • be compensated for any other reasonably foreseeable Loss.
• If the failure in the Membership does not amount to a Major Failure, You are entitled to have the defect rectified in a reasonably time, and if this is not done, to cancel Your Membership and end this Agreement.
• A non-winning entry into a Membership Giveaway does not constitute a Major Failure under clause 9.2.
• Clause 9 does not apply to change of mind or failure to understand the Terms and Conditions.
• If You believe You may be entitled to a refund, You must notify us within a reasonable time by way of email to [email protected], along with details of the failure. We reserve the right to refuse any request for refunds in accordance with Australian Consumer Law.
• Where a refund is issued, the refund will be made to the Payment Method used for payment of the Fee.

Maintenance and Inaccessibility

• From time to time, NeoWorld may make the Website inaccessible as required for upgrades and maintenance. We will use reasonable endeavours to provide you with advance notice of this.
• From time to time, access to the Website may be disrupted or limited. We will use reasonable endeavours to restore access as soon as possible.
• You agree to indemnify and release NeoWorld in relation to any Claim or Loss suffered in relation the accessibility of the Website.

Notices

• Where We are required to provide you with written notice, We will send the notice to the latest contact details You have provided to us in writing.
• Notice is deemed to be given:
  • in respect of an email or SMS, on the date we send the correspondence to you; or
  • in respect of post, two (2) business days after we send it.
• You acknowledge that You are required to provide us with updated contact details in accordance with clause 4.2. We accept no responsibility for any Loss or damage suffered by You as a result of Your failure to provide NeoWorld with Your current contact details.

Force Majeure

• Neither party will be in breach of these Terms and Conditions or liable for any failure or delay in the performance of its obligations under these Terms and Conditions to the extent that the failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission of the other party.
• If these Terms and Conditions are no longer capable of being performed due to circumstances beyond the reasonable control of the parties, whether as a result of a Force Majeure Event or otherwise:
  • the Agreement between the parties will be at an end; and
  • both parties must immediately discharge all of their financial and other obligations under these Terms and Conditions up to the date of expiration or termination of the Terms and Conditions.

Miscellaneous

Governing Law

These Terms and Conditions are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Severance

Any provision of these Terms and Conditions which is prohibited or unenforceable in the jurisdiction specified in clause 13.1 above will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

Variation

No variation, modification or waiver of any provision in these Terms and Conditions, nor consent to any departure by any party from any such provision, will be of any effect unless it is in writing, signed by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification, waiver or consent will be effective only to the extent to or for which it may be made or given.

Waivers

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

Survival

Any indemnity or any obligation of confidence under Term and Conditions s is independent and survives termination of these Terms and Conditions or an agreement arising in connection with these Terms and Conditions. Any other term by its nature intended to survive termination of these Terms survives termination of these Terms.