DATED: THE 25th of May 2018
In these terms and conditions, “we” “us” and “our” refers to Neowealth as trustee for Neowealth Investment Trust. Your access to and use of all information on this website including purchase of our product/s which includes goods or services, is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Members
1. In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our registration page. Please refer to our Privacy Policy linked on the footer of the website pages for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On Membership registration, we provide you with a password and username which needs to be confirmed by you via email. After the confirmation of the registration, you agree, if it applies, to pay for the services as set out on the website.
4. We reserve the right to terminate your membership(s) at any time if you breach these terms and conditions.
5. Members may upgrade to Premium Membership status by purchasing selected service which needs to be confirmed by you and approved by Neowealth.
Our Website Services
6. Our website services are provided to adults over the age of eighteen (18) years. By proceeding to purchase a program through our website, you acknowledge that you are over 18 years of age.
7. All prices are in American Dollars (USD). We endeavour to ensure that our price list is current. Our price list can be accessed from our contact page by emailing to Neowealth administration and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Worldwide Use
Neowealth as trustee for Neowealth Investment Trust makes no representation of any kind that all content, materials and services on the website are appropriate or available for use in all geographic locations outside Australia.
Anyone accessing the site, wherever all content, materials and services may be illegal, act on their own initiative and we are not liable for their agreement with related laws.
Product Descriptions
8. We strive to ensure that our service(s) are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that service(s).
Services Orders
10. Our services orders are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
11. We endeavour to ensure that our service(s) price list is current, however we give no undertaking as to the availability of any service(s) advertised on our website.
12. All prices are in American Dollars (USD). Our price list can be accessed by Contacting Neowealth using Contact Page and we reserve the right to amend our prices at any time.
13. When it applies, packaging and postage is an additional charge, calculated at time of purchase.
14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
15. We undertake to accept or reject your order within seven days. If we have not responded to you within seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product or service available at the time of the order.
16. Once you have submitted an order, you may cancel that order within 7 days. We offer 100% guarantee on the services rendered and will return the money to the pro rata of the remaining time left to complete a program or service.
e.g. If you choose to cancel a 8 weeks program on the 4th week, 50% of the value will be return to you.
17. Delivery of your ordered service or training program will be as set out on our website. Title in the goods passes to you when we have received payment.
18. When a program is purchased through a payment plan, a 10% overall surcharge will occur.
The recurring payments are automatically renewed weekly or fortnightly until full payment.
Order Cancellation Due To Error
19. Where a service has been listed at the incorrect price due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns – goods only
20. We undertake to replace any goods delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated contact us webpage where we set out our requirements relating to return of such goods.
21. We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within seven days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
22. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
23. When it applies, the Member or subscriber may cancel the new or renewed subscription at any time and the access to the product will be granted up to the date of the corresponding month of renewal of subscription.
24. Neowealth trading as trustee for Neowealth Investment Trust will terminate the respective subscription if it is unable to renew the subscription due to Credit Card validation issues or misconduct and behaviour.
Site Access
25. When you visit our website, we give you a limited licence to access and use our information for personal use.
26. You may be, at times, permitted to download a copy of the information on this website to your computer for your personal use only, providing that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
27. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
28. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
29. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
30. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
31. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to Neowealth or we have a licence to use those materials.
32. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
33. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
34. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
35. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
36. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
37. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
38. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
39. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
40. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
Indemnity
41. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
42. If a Force Majeure event causing delay continues for more than thirty days, we may terminate this Agreement by giving at least seven days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
43. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria (Australia) and you agree to submit to the jurisdiction of those Courts.
44. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
45. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
46. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
These Terms and Conditions have been specifically drafted for, and provided to Neowealth as trustee for Neowealth Investment Trust by LawLive Pty Ltd (www.lawlive.com.au).