- Welcome to Neuroe (the ‘Application‘). The Application provides
you with an opportunity to browse and purchase various products that have been
listed for sale through the Application (the ‘Products‘). The Application provides this service by way of
granting you access to the content on the Application (the ‘Purchase Services‘).
- The Application is operated by
Neuroe PTY. LTD. (ABN 85 635 398 248). Access to and use of the Application, or
any of its associated Products or Purchase Services, is provided by Neuroe.
Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the
Application, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of
the Application, or any of its Purchase Services, immediately.
- Neuroe reserves the right to
review and change any of the Terms by updating this page at its sole
discretion. When Neuroe updates the Terms, it will use reasonable endeavours to
provide you with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
- You accept the Terms by using
or browsing the Application. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by
Neuroe in the user interface.
- In order to access the Purchase
Services, you must first register as a user of the Application. As part of the
registration process, or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:
- You warrant that any
information you give to Neuroe in the course of completing the registration
process will always be accurate, correct and up to date.
- Once you have completed the
registration process, you will be a registered member of the Application (‘Member‘) and agree to be bound by the
Terms. As a Member you will be granted immediate access to the Purchase
Services.
- You may not use the Purchase
Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Neuroe; or
- you are a person barred from receiving the Purchase Services under
the laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
- As a Member, you agree to
comply with the following:
- You will use the Purchase
Services only for purposes that are permitted by:
- any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality
of your password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or
third parties, is strictly prohibited. You agree to immediately notify Neuroe
of any unauthorised use of your password or email address or any breach of
security of which you have become aware;
- access and use of the Application is limited, non-transferable and
allows for the sole use of the Application by you for the purposes of Neuroe
providing the Purchase Services;
- you will not use the Purchase Services or Application for any
illegal and/or unauthorised use which includes collecting email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email or unauthorised framing of or linking to the Application;
- you agree that commercial advertisements, affiliate links, and other
forms of solicitation may be removed from the Application without notice and
may result in termination of the Purchase Services. Appropriate legal action
will be taken by Neuroe for any illegal or unauthorised use of the Application;
and
- you acknowledge and agree that any automated use of the Application
or its Purchase Services is prohibited.
- In using the Purchase Services
to purchase the Product through the Application, you will agree to the payment
of the purchase price listed on the Application for the Product (the ‘Purchase Price‘).
- Payment of the Purchase Price
may be made through one of the following third party providers: Stripe (the ‘Payment Gateway Providers‘)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
- Following payment of the
Purchase Price being confirmed by Neuroe, you will be issued with a receipt to
confirm that the payment has been received and Neuroe may record your purchase
details for future use.
- Neuroe may, at their sole
discretion, provide a refund on the return of the Products within 14 days where
the Product packaging is unopened and remains in a saleable condition. You
acknowledge and agree that you are liable for any postage and shipping costs
associated with any refund pursuant to this clause.
- Neuroe’s Products come with
guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure of the Product and
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the Products repaired or replaced if the Products fail to be
of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
- You may make a claim under this
clause (the ‘Warranty Claim‘) for
material defects and workmanship in the Products within 12 months from the date
of purchase (the ‘Warranty Period‘).
- In order to make a Warranty
Claim during the Warranty Period, you must provide proof of purchase to Neuroe
showing the date of purchase of the Products, provide a description of the
Products and the price paid for the Products by sending written notice to
Neuroe at 18 Radcliffe Street, Ingleburn, New South Wales, 2565 or by email at
support@neuroe.co.
- Where the Warranty Claim is
accepted then Neuroe will, at its sole discretion, either repair or replace any
defective Products or part thereof with a new or remanufactured equivalent
during the Warranty Period at no charge to you for parts or labour. You
acknowledge and agree that you will be solely liable for any postage or
shipping costs incurred in facilitating the Warranty Claim.
- The Warranty shall be the sole
and exclusive warranty granted by Neuroe and shall be the sole and exclusive
remedy available to you in addition to other rights and under a law in relation
to the Products to which this warranty relates.
- All implied warranties
including the warranties of merchantability and fitness for use are limited to
the Warranty Period.
- The Warranty does not apply to
any appearance of the supplied Products nor to the additional excluded items
set forth below nor to any supplied Products where the exterior of which has
been damaged or defaced, which has been subjected to misuse, abnormal service
or handling, or which has been altered or modified in design or construction.
- You acknowledge that the
Purchase Services offered by Neuroe integrate delivery (the ‘Delivery Services‘) through the use of
third party delivery companies (the ‘Delivery
Service Providers‘).
- In providing the Purchase
Services, Neuroe may provide you with a variety of delivery and insurance
options offered as part of the Delivery Services by the Delivery Service
Providers. You acknowledge and agree that Neuroe is not the provider of these
delivery and insurance options and merely facilitates your interaction with the
Delivery Service Providers in respect to providing the Delivery Services.
- In the event that an item is
lost or damaged in the course of the Delivery Services, Neuroe asks that you:
- contact the Delivery Service Provider directly to request a refund
or to claim on any insurance options available; and
- contact us by sending an email to support@neuroe.co outlining in
what way the Products were damaged in transit so we are able to determine if
the Delivery Service Provider should be removed from the Purchase Services.
- The Application, the Purchase
Services and all of the related products of Neuroe are subject to copyright.
The material on the Application is protected by copyright under the laws of
Australia and through international treaties. Unless otherwise indicated, all
rights (including copyright) in the site content and compilation of the
Application (including text, graphics, logos, button icons, video images, audio
clips and software) (the ‘Content‘)
are owned or controlled for these purposes, and are reserved by Neuroe or its
contributors.
- Neuroe retains all rights,
title and interest in and to the Application and all related content. Nothing
you do on or in relation to the Application will transfer to you:
- the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Neuroe; or
- the right to use or exploit a business name, trading name, domain
name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a system or
process).
- You may not, without the prior
written permission of Neuroe and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the Content or third party
content for any purpose. This prohibition does not extend to materials on the
Application, which are freely available for re-use or are in the public domain.
- Neuroe takes your privacy
seriously and any information provided through your use of the Application
and/or the Purchase Services are subject to Neuroe’s Privacy Policy, which is
available at https://neuroe.co/privacy.
- You acknowledge that Neuroe does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
- Neuroe will make every effort to ensure a Product is accurately
depicted on the Application, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Application.
- Nothing in these Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by law, including
the Australian Consumer Law (or any liability under them) which by law may not
be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions
which are not expressly stated in these Terms are excluded; and
- Neuroe will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
Purchase Services or these Terms (including as a result of not being able to
use the Purchase Services or the late supply of the Purchase Services), whether
at common law, under contract, tort (including negligence), in equity, pursuant
to statute or otherwise.
- Use of the Application, the Purchase Services, and any of the
products of Neuroe (including the Delivery Services), is at your own risk.
Everything on the Application, the Purchase Services, and the Products of
Neuroe, are provided to you on an “as is” and “as
available” basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party
content providers or licensors of Neuroe (including any third party where the
Delivery Services are made available to you) make any express or implied
representation or warranty about its Content or any products or Purchase
Services (including the products or Purchase Services of Neuroe) referred to on
the Application. This includes (but is not restricted to) loss or damage you
might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion,
defect, failure to correct defects, delay in operation or transmission,
computer virus or other harmful component, loss of data, communication line
failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
- the accuracy, suitability or currency of any information on the
Application, the Purchase Service, or any of its Content related products
(including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the
Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for
the User’s convenience;
- any failure to complete a transaction, or any loss arising from
e-commerce transacted on the Application; or
- any defamatory, threatening, offensive or unlawful conduct of third
parties or publication of any materials relating to or constituting such
conduct.
- If you are in the business of
providing similar Services for the purpose of providing them to users for a
commercial gain, whether business users or domestic users, then you are a
competitor of Neuroe. Competitors are not permitted to use or access any
information or content on our Application. If you breach this provision, Neuroe
will hold you fully responsible for any loss that we may sustain and hold you
accountable for all profits that you might make from such a breach.
- Neuroe’s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not
exceed the most recent Purchase Price paid by you under these Terms or where
you have not paid the Purchase Price, then the total liability of Neuroe is the
resupply of information or Purchase Services to you.
- You expressly understand and agree that Neuroe, its affiliates,
employees, agents, contributors, third party content providers and licensors
shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however caused
and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
- Neuroe is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the
Application or in connection with the Purchase Services, whether posted or
caused by users of the Application of Neuroe, by third parties or by any of the
Purchase Services offered by Neuroe.
- You acknowledge that Neuroe does not provide the Delivery Services
to you and you agree that Neuroe will not be liable to you for any special,
indirect or consequential loss or damage, loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Delivery Services.
- The Terms will continue to apply until terminated by either you or
by Neuroe as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Neuroe at any time; and
- closing your accounts for all of the Purchase Services which you
use, where Neuroe has made this option available to you.
- Your notice should be sent, in writing, to Neuroe via the ‘Contact
Us’ link on our homepage.
- Neuroe may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any
provision;
- Neuroe is required to do so by law;
- the partner with whom Neuroe offered the Purchase Services to you
has terminated its relationship with Neuroe or ceased to offer the Purchase
Services to you;
- Neuroe is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the
service; or
- the provision of the Purchase Services to you by Neuroe is, in the
opinion of Neuroe, no longer commercially viable.
- Subject to local applicable laws, Neuroe reserves the right to
discontinue or cancel your membership to the Application at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Application or the Purchase Services without notice if you breach any provision
of the Terms or any applicable law or if your conduct impacts Neuroe’s name or
reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations
and liabilities that you and Neuroe have benefited from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
- You agree to indemnify Neuroe, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses,
loss and damage (including legal fees on a full indemnity basis) incurred,
suffered or arising out of or in connection with any Content you post through
the Application;
- any direct or indirect consequences of you accessing, using or
transacting on the Application or attempts to do so and any breach by you or
your agents of these Terms; and/or
- any breach of the Terms.
- Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).- Notice:
A party to the Terms claiming a dispute (‘Dispute‘)
has arisen under the Terms, must give written notice to the other party
detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
- Resolution:
On receipt of that notice (‘Notice‘)
by that other party, the parties to the Terms (‘Parties‘) must:- Within 14 days of the Notice endeavour 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, 14 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 Conflict Resolution Service 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;
- The mediation will be held in , New South Wales, Australia.
- Confidential
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations
for the purpose of applicable laws of evidence.
- Termination of Mediation:
If 14 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.
- The Purchase Services offered
by Neuroe is intended to be viewed by residents of Australia. In the event of
any dispute arising out of or in relation to the Application, you agree that
the exclusive venue for resolving any dispute shall be in the courts of New
South Wales, Australia.
- The Terms are governed by the
laws of New South Wales, 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 New South Wales, 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.
- 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 any part of these Terms is
found to be void or unenforceable by a Court of competent jurisdiction, that
part shall be severed and the rest of the Terms shall remain in force.
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| Date Last Updated: | 23 October 2019 |