Welcome to NEITH & Co Pty Ltd. By accessing this website and our related platforms, applications, or tools, you agree to the following terms and conditions laid out below in full. You can view the most current version of these Terms and Conditions at any given time on this page.
If you do not agree to all the terms and conditions of this agreement, you must not access or use our website or any of our related Services.
The following terms apply to this Agreement:
- “NEITH & Co Pty Ltd”, “we”, “us” and “our” refer to NEITH & Co Pty Ltd Pty Ltd(ACN 644 346 350).
- “Services” refer to our website, applications and platforms.
- “Website” refers to www.neith.com.au or such other website operated by NEITH.
- “You” and “Your” refers to you, the person accessing our website and using our Services.
- “Users” refers to independent third-parties accessing our website and using our Services.
Changes to this Agreement
We may vary or amend these terms and conditions from time to time. Amendments are effective upon posting of the updated term at this, or the policy’s, location. Your continued access to or use of our Services after such posting or the expiry of the notice period constitutes your consent to be bound by the terms as amended.
We will provide at least 30 days’ written notice on our website of any material change that may detrimentally affect your rights under these Terms.
We offer a platform for advertising and purchasing services. Our platform serves as a digital marketplace that allows you and other Users to:
- upload and publish textual, audio, or visual content and information (“User Content“);
- arrange for the purchase of services with other Users; and
- make payments to and receive receipts from other Users for their services.
In order to use our services you must be, and you hereby represent and warrant that you:
- are at least 18 years of age, or of legal age in your jurisdiction;
- are capable of entering into a legally binding contract;
- are using a valid email address and phone number;
- are using a valid payment method e.g. credit/debit card; and
- have read and understood these terms and conditions.
If you do not meet these conditions, your use of our Services is unlawful and grounds for termination or prosecution. If we reasonably suspect that you do not meet these conditions, we may restrict or terminate your access to or use of our Services immediately and without notice. We may request proof of any of the above for verification purposes.
We explicitly prohibit the use of our website by minors. You may not authorise persons under the local legal age to use your account or receive services from Advertisers.
We reserve the right to refuse service to anyone, for any reason, at any time.
Using NEITH & Co Pty Ltd is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed to you at the time. Our fees may change from time to time. We will notify you of changes to our fees or fee policy by posting the changes on this website. Changes are effective on announcement by posting or by notice to you.
You must register as a member to post advertisements using our Services. Registration is completed only when full payment for membership is received in the form of cleared funds. We will send a confirmation email within 24 hours of receiving cleared funds.
You are solely responsible for providing correct and valid information at the time of registration. We hold no responsibility for any incorrect information you have submitted. You must notify us in writing if there are any errors and changes required with your membership registration information.
You are also solely responsible for all activity that occurs in the course of your membership, under your membership account. You agree to maintain the security of your membership account at all times.
You are responsible for paying any fees associated with your use of our Services when they fall due. All payments made are final and non-refundable, unless otherwise determined by us or required by applicable consumer protection regulations in your jurisdiction. Charges will be inclusive of applicable taxes where required by law.
If you fail to make any payment, without prejudice to any other right or remedy we may be entitled to under these Terms and Conditions or applicable law, we may limit your ability to use the services without notice to you. If your payment method fails or your account is past due, we may collect fees owed using other collection methods.
Payment will be affected using the preferred payment method associated with your Account. We will send receipt of any payments made by email.
All card transactions will be processed directly by our card merchant, and you will be provided with a receipt from them for each purchase. Your credit card details will not be stored by us.
CANCELLATION AND REFUNDS
Any content deletion or membership cancellation requests by you must be made in writing. You will be required to pay all costs due and payable to us, other Users, or any third parties, at the date of cancellation. We reserve the right to charge you a reasonable cancellation fee.
Any applicable refunds will be provided in accordance with local consumer protection regulations. It is your responsibility to apply for a refund within fourteen (14) days of payment. Refunds will only be processed to the credit card or bank account from which the original payment was received. We will not offer a refund or exchange due to a change in personal circumstances.
You acknowledge that your content may be removed or your membership revoked if we believe that you have breached or are likely to breach any of these Terms of Conditions, Policies (including our Code of Conduct and Posting Rules), or laws in any way. You will not be entitled to a refund if your content or membership is removed or revoked for these reasons.
This website contains proprietary information and copyright that belongs to us. You must not copy, reproduce, republish, transmit, distribute or take and use for any purpose any of our Intellectual Property without our prior written consent.
You have the right to non-exclusive and non-transferable access to our website including the viewing pages of content and all other information contained on the site. You are granted limited permission to access and use the website on your device and are prohibited from modifying the content in any way. You agree to keep intact all copyright, trademarks and other proprietary notices accompanying the content or otherwise set forth within this site. Notwithstanding the above, any materials that are made available either through download or general viewing access shall be governed by these Terms and Conditions.
Nothing in these Terms and Conditions grant to you any rights to use or reference in any manner any of our Intellectual Property including our company name, logo/s, trademark/s, product/s except for in accordance with the limited license granted above.
NEITH & Co Pty Ltd hosts textual, audio, and visual content posted by its Users. Content displayed by NEITH & Co Pty Ltd is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.
You agree not to do any of the following to content hosted on NEITH & Co Pty Ltd without our express written consent:
- remove any copyright, trademark, or other proprietary notice;
- disassemble, decompile, reverse engineer, or otherwise attempt to discover any source code contained in NEITH & Co Pty Ltd; or
- reproduce, copy, sell, resell, or exploit for any purposes any aspect of NEITH & Co Pty Ltd (other than your own content).
By publishing User Content to our Services, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit your User Content without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant us license to your User Content as above; and
- neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
As a condition of your use of our Services, you agree that you will not:
- violate any laws;
- violate the Policies;
- post any threatening, abusive, harassing or defamatory material;
- communicate any false or misleading material of any kind;
- infringe any legal rights belonging to us or any third party, including intellectual property rights;
- distribute spam, chain letters, viruses, or any other technologies that may harm us or the interests or property of our Users;
- impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of our Services;
- harvest or otherwise collect information about others without their consent;
- bypass measures used to prevent or restrict access to our Services; or
- use any tool that interferes with the normal functioning of our Services, including, without limitation, browser plug-ins extensions, or other software which are designed to supplement, remove or otherwise change any of our functionalities.
Any failure to comply with these Terms and Conditions will result in an automatic termination of the rights granted to you without prior notice and render you liable for all payments due and owing up to and including the date of termination. You must immediately cease use of the site and remove any and all of our intellectual property in your possession or control.
We may terminate these Terms of Service with you:
- upon the provision of 7 days’ written notice, for any reason;
- if we cease to carry on our business
- if you have, or are likely to, materially breach these Terms;
- if you do not, or are likely not to, qualify under applicable laws or the standards and policies of NEITH to access and use our services; or
- if circumstances beyond our reasonable control as in “Force Majeure” arise.
LIABILITY AND DISCLAIMERS
We do not review all User Content and are not involved in the actual transactions between Users. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of their posts.
We are not in any way responsible or liable for any acts, omissions, content, websites, hyperlinks, products, transactions, relationships, quality, suitability, safety, ability, or services of third parties, including other Users, and you agree not to hold us responsible for anything other Users post or do. You must exercise your own caution, discretion, and due diligence in your engagement with third parties through our services. All risk arising out of your use of our Services, or any service or good requested in connection therewith, remains solely with you to the maximum extent permitted under applicable law, including local consumer protection regulations.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory information or material of any kind including without limitation any transmissions constituting or having the effect of encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
To the maximum extent permitted by law we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, fitness for purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use our Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
In circumstances where we are found to be liable, our liability (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) must be limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the action giving rise to liability or (b) thousand USD ($1,000.00) or equivalent in your local currency.
This clause does not purport to limit liability or alter your rights as a consumer in a way that cannot be excluded under applicable law, including any of the non-excludable requirements of any local consumer protection regulations.
We may use Third Parties for certain processes in the provision of our Services. We are not responsible for any Third Party information, goods, or services, any other transactions made in connection with Third Parties or any harm or damages related to these. Please review carefully the Third Party’s policies and practices and make sure you understand them before you engage in any transaction.
There may be instances where our logo is featured on a Third Party website or software unlawfully. Be aware that we do not have control the content on those sites. It is your responsibility to keep yourself protected from malware, viruses and other malicious software.
Any complaints or questions regarding Third Party products should be directed to the Third Party.
You agree to indemnify and hold harmless us (and our affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees), from any claims, demands, and damages including legal fees on an indemnity basis, known or unknown, of every kind and nature, arising out of or in connection with our Services.
We will not be liable for any loss, inconvenience, damage, additional expense, injury, or any other claim for acts beyond our reasonable control, including any:
- act, omission, or defect outside of our reasonable control; or
- event unforeseeable or unpreventable by reasonable diligence on our part including, but not limited to: Act of God, war, government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or any other emergency of a comparable nature making it impossible, illegal, or which materially affects our ability to perform our obligations under this Contract.
DATA PROTECTION AND PRIVACY
COMPLAINTS AND DISPUTES
If you wish to make a complaint or raise a dispute with us, you can do so by sending an email with your complaint. In the process of investigating a complaint, we may ask you to provide further information or evidence of your claim.
The parties agree to attempt an effort to negotiate in good faith to resolve the dispute themselves prior to legal action. Where we cannot respond to a notice of dispute by you within 21 days, we will provide you with the reason for the delay.
Where any dispute arising out of or in connection with these Terms of Service cannot be resolved between the parties, the complaint shall be submitted to mediation, and the costs of the mediation shall be borne by the parties equally.
The parties agree that mediation is a pre-condition to the arbitration or litigation of any disputes. You agree to reserve any legal action in relation to a dispute until the mediation process is completed.
Enforceability and Severability
If any of these terms is at any time held by an applicable jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
This Agreement contains the entire understanding between the parties and all agreements, negotiations, understandings, representations, warranties, memoranda, or commitments in relation to or affecting the subject matter of this Agreement are superseded by this Agreement and shall be of no force or effect whatsoever.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.
Independent Legal Advice
You agree that you have read and understood the terms of this Agreement and acknowledge that you have had the opportunity to obtain independent legal advice with respect to the overall terms and conditions contained on this website.
You may not assign or transfer these Terms in whole or in part without our prior agreement in writing. You give us your approval to assign or transfer these Terms in whole or in part, including to a subsidiary or affiliate, an acquirer of our equity, business or assets, or a successor by merger.
A notice to be given under this Agreement must be in writing and may be:
- delivered personally;
- posted to their address specified in this agreement (or as later notified by them), in which case it will be treated as received on the second business day after posting; or
- sent by email or text message, in which case it will be treated as received when it enters the recipient’s information system; or
- made by way of update to our website.
All electronic communication to us is to be directed to our Contact Form.
We may send you email or text (SMS) messages as part of the normal operation of our Services. You may opt-out of receiving email and text messages by giving us notice in writing. Opting out of receiving text (SMS) and email messages may impact your use of the Services.
If you have any further questions about the above terms, please forward your enquiry to our Contact Form.