1. The basics
(a) “Neon Dynamic Print Solutions” means ADL Marketing Pty Limited ACN 611 554 959 trading as Neon Dynamic Print Solutions and our related bodies corporate. This document explains how the agreement is made up and sets out the terms of our agreement with you.
(b) Neon Dynamic Print Solutions is a diversified print and production business.
(c) Your use of this website (including affiliated websites and pages, and including but not limited to the website at www.neonprint.com.au and all web and mobile applications) (Services) is subject to the terms of a legal agreement between you and Neon Dynamic Print Solutions.
(d) Unless otherwise agreed in writing with Neon Dynamic Print Solutions, your agreement with Neon Dynamic Print Solutions will always include the terms and conditions set out in this document (“Main Terms”).
(e) Your agreement with Neon Dynamic Print Solutions will also include the terms of any additional notices we send you or post on any website owned or operated by Neon Dynamic Print Solutions applicable to the Services, or any other agreement we enter into with you (including an agreement for the provision of Services), in addition to the Main Terms, together with any agreement we enter into with you in relation to any Services (“Additional Terms”).
(g) If there is any contradiction between what the Additional Terms say and what the Main Terms say, then the Additional Terms shall prevail in relation to that Service.
2. Accepting the Terms
(a) In order to use the Services, you must first agree to the Terms. You are not allowed to use the Services if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by Neon Dynamic Print Solutions in the user interface for any website, app or Service (whether through a web browser, mobile app or otherwise); or
(ii) by actually using the website, app or Services. In this case, you agree that Neon Dynamic Print Solutions will treat your use of the website, app or Services as acceptance of the Terms from that point onwards.
(c) You may not use the website, any app or the Services if you are not of legal age or capacity to form a binding contract with Neon Dynamic Print Solutions, or you are a person barred from receiving the Services by law.
3. Provision of the Services by Neon Dynamic Print Solutions
(a) Neon Dynamic Print Solutions will use all reasonable endeavours to provide the Services as represented on the Neon Dynamic Print Solutions website, or on promotional material. The Services may change, but the Terms as published on this website will remain in force.
(b) Neon Dynamic Print Solutions may refuse to allow you to access the Services at its sole discretion, and/or may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Neon Dynamic Print Solutions’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Neon Dynamic Print Solutions when you stop using the Services. Neon Dynamic Print Solutions is not required to act in good faith or reasonably.
(c) If Neon Dynamic Print Solutions disables access to the website or any Services, you may be prevented from accessing the Services, your account details or any files or other content which is contained therein.
4. Your Use of the Services
(b) Neon Dynamic Print Solutions will rely on the accuracy of the information you provide. All Services will be provided in accordance with the information you have provided as at the date of provision of the Services. Neon Dynamic Print Solutions will not be liable to you in any respect or for any amount for any loss suffered by you) if you have not provided accurate information.
(c) You may be required to pay fees for some Services. You agree to pay all fees charged based on Neon Dynamic Print Solutions’ pricing, charges, and billing terms notified to you. For the avoidance of doubt, this may include any charges contained on our website.
(d) Any data you provide to Neon Dynamic Print Solutions will be error free, legible (or audible) in a manner that will reasonably be considered to allow us to provide the Services. We will not be liable to you in any respect for any amount for any loss suffered by you if you have not provided information of such quality.
(e) You agree to use the Services only for purposes that are agreed at the time of using the Services and in accordance with law.
(f) You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Neon Dynamic Print Solutions, unless you have been specifically allowed to do so in a separate agreement with Neon Dynamic Print Solutions.
(g) You agree that you will not do anything that interferes with or disrupts the Services to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Neon Dynamic Print Solutions may suffer) of any such breach. You agree to indemnify Neon Dynamic Print Solutions for any loss suffered by reason of any breach of your obligations under the Terms (including any consequential damage.
(h) You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, and you will not alter, modify, remove or otherwise obscure any content that you access by using the Services. You must keep all aspects of the Services, including any source code, completely confidential and will not provide any such information to any other party. You will indemnify and hold harmless Neon Dynamic Print Solutions for any loss it suffers if you breach this obligation.
5. Your account security and data security
(a) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Neon Dynamic Print Solutions will not be responsible for any loss suffered by you or any other person by reason of unauthorised use of your account.
(b) You may not transfer your account to any other person, unless specifically agreed in writing by Neon Dynamic Print Solutions.
(c) If you become aware of any unauthorised use of your password or of your account, you agree to change your account password and notify Neon Dynamic Print Solutions immediately using the contact details on our website.
6. Privacy and personal information
7. Intellectual property
(a) Neon Dynamic Print Solutions has the right to use the “Neon Dynamic Print Solutions” name and “Neon Dynamic Print Solutions” intellectual property.
(b) You acknowledge and agree that Neon Dynamic Print Solutions (or Neon Dynamic Print Solutions’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Neon Dynamic Print Solutions and that you shall not disclose such information without Neon Dynamic Print Solutions’ prior written consent.
(c) You acknowledge that you have no ownership in the intellectual property comprised in the Services.
(d) Unless you have agreed otherwise in writing with Neon Dynamic Print Solutions, nothing in the Terms gives you a right to use any of Neon Dynamic Print Solutions’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (whether owned or licensed by Neon Dynamic Print Solutions).
(e) You agree to wholly indemnify Neon Dynamic Print Solutions for any loss or damage suffered by Neon Dynamic Print Solutions by reason of any breach by you of this Clause.
8. Indemnity and release
- To the fullest extent permitted by law, you agree to indemnify Neon Dynamic Print Solutions and hold it harmless against any loss (either direct or indirect) damage or expense whatsoever which Neon Dynamic Print Solutions may suffer or incur in respect of:
- Any breach by you of the provisions of the Terms;
- Any claim in connection with your use of the Services by any person;
- Any claim by any person in connection with your infringement of any intellectual property rights arising from your use of the Services; and/or
- Any claim by any person against you arising out of or in respect of the exploitation of the intellectual property in the Services by Neon Dynamic Print Solutions.
- You irrevocably release Neon Dynamic Print Solutions and waive all claims which you may have in the future against Neon Dynamic Print Solutions, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the intellectual property in the Services by Neon Dynamic Print Solutions, or your use of the Services.
9. Terminating the agreement
(a) The Terms will continue to apply until terminated by either you or Neon Dynamic Print Solutions as set out below.
(b) Neon Dynamic Print Solutions may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement); or
(ii) Neon Dynamic Print Solutions is required to do so by law; or
(iii) any third party regarding whom Neon Dynamic Print Solutions offered the Services to you has terminated its relationship with Neon Dynamic Print Solutions or ceased to offer the Services to Neon Dynamic Print Solutions or you; or
(iv) you or your employer have not made payment as required for the Services;
(v) Neon Dynamic Print Solutions is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(vi) the provision of the Services to you by Neon Dynamic Print Solutions is, in Neon Dynamic Print Solutions’ opinion, no longer commercially viable; or
(vii) for any other reason Neon Dynamic Print Solutions in its reasonable discretion thinks fit.
(c) Termination of the agreement will result in an automatic revocation of any licence provided under it in relation to the Services, unless otherwise agreed in writing with Neon Dynamic Print Solutions.
(d) Nothing in this Section shall affect Neon Dynamic Print Solutions’ rights regarding provision of Services under the Terms.
10. Return & Refund Policy
(a) It is the intention of Neon Dynamic Print Solutions to provide our customers with products that meet the specifications stated on our web site as well as our customer’s expectations. In the unlikely event that our your expectations are not met, we ask that the you email us immediately with photos and a description of the problem and we will make every effort to reach a fast and mutually agreeable resolution.
(b) It is important to note that all of our products are custom printed with artwork which the customer approves prior to printing so it is essential that you select your product and check your artwork very carefully. It is also important to note that the colours in the artwork proof displayed on your screen are not accurate. Colours will print differently on different printers and materials and will display differently on different computer screens. If a colour is important it is essential that a Pantone (PMS) colour is advised prior to the artwork proof being approved so we can do our best to achieve the closest possible colour match.
(c) Neon Dynamic Print Solutions will repair or replace any products which are not as stated on our web site or quotation, not as shown on the approved artwork proof (please note the above paragraph regarding colours) or are found to be defective within the warranty period stated on our web site.
(d) In the event of a warranty claim by you, and photos of the issue being received, Neon Dynamic Print Solutions will:
(i) If notified within 14 days of the goods being received by the customer:
i) Arrange and pay for the return of the goods to Neon Dynamic Print Solutions for repair, then repair the goods and return them at no cost to the customer; or
ii) Replace the goods at no cost to the customer. If Neon Dynamic Print Solutions requires the goods to be returned, Neon Dynamic Print Solutions will arrange and pay for the return of the goods.
(ii) If notified later than 14 days of the goods being received by the customer:
i) Require the customer to return the goods to Neon Dynamic Print Solutions (at the customer’s cost). Neon Dynamic Print Solutions will then repair or replace the goods and return them at no cost to the customer
(e) In the event of a warranty claim, our liability will be limited to the cost of repairing or replacing the goods. Neon Dynamic Print Solutions will not be liable for any associated costs incurred by the customer as a result of a warranty claim. This includes, but is not limited to, the cost of installing any print or signage that is the subject of the warranty claim. It is essential that all signage is carefully inspected at time of receipt – and approved or rejected by the customer prior to the customer arranging installation of the signage.
(f) Refunds are not offered for custom printed products.
11. EXCLUSION OF LIABILITY
(a) NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT NEON DYNAMIC PRINT SOLUTIONS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW OR OTHERWISE CONTAINED IN ANY WARRANTY IDENTIFIED IN ANY ADDITIONAL TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
(c) IN PARTICULAR, NEON DYNAMIC PRINT SOLUTIONS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) THE ADVICE YOU RECEIVE USING THE SERVICES WILL BE ACCURATE OR FIT FOR PURPOSE;
(iii) ANY OF THE INFORMATION OR CONTENT YOU ACCESS USING THE SERVICES IS ACCURATE, RELIABLE, OR THAT ANY PARTICULAR RESULT OR EFFECT WILL BE ACHIEVED BY USING THE SERVICES OR ANY OF THE CONTENT ACCESSED OR DOWNLOADED USING THE SERVICES,
(iv) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR VIRUSES,
(v) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(vi) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR AND YOU RELEASE US IN CONNECTION WITH ANY LOSS OR DAMAGE SUFFERED BY YOU IN CONNECTION WITH ANY CONTENT STORED ON A SERVER HOSTED BY ANY THIRD PARTY. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAY STORE DATA ON A CLOUD SERVER THAT IS HOSTED OUTSIDE OF AUSTRALIA, AND WILL MAKE NO CLAIM FOR LOSS OR DAMAGE AS A RESULT EXCEPT WHERE SUCH RELEASE IS PROHIBITED BY LAW.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEON DYNAMIC PRINT SOLUTIONS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(g) NEON DYNAMIC PRINT SOLUTIONS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEON DYNAMIC PRINT SOLUTIONS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(i) 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 NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU., INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
(iii) ANY CHANGES WHICH NEON DYNAMIC PRINT SOLUTIONS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(v) YOUR FAILURE TO PROVIDE NEON DYNAMIC PRINT SOLUTIONS WITH ACCURATE ACCOUNT INFORMATION
(vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(b) THE LIMITATIONS ON NEON DYNAMIC PRINT SOLUTIONS’ LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT NEON DYNAMIC PRINT SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(c) WE SHALL NOT BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM OR PROVIDE THE SERVICES BY REASON OF ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
(d) TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT NEON DYNAMIC PRINT SOLUTIONS IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU TO NEON DYNAMIC PRINT SOLUTIONS, A REPLACEMENT OF THE SERVICES SUPPLIED, OR REPERFORMANCE OF THE SERVICES SUPPLIED.
13. Other content
(a) The Services may include hyperlinks to other web sites or content or resources. Neon Dynamic Print Solutions may have no control over any web sites or resources which are provided by companies or persons other than Neon Dynamic Print Solutions.
(b) You acknowledge and agree that Neon Dynamic Print Solutions is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources, and is not liable for any loss or damage which may be incurred by you in accessing those websites or resources.
14. Changes to the Terms
(a) Neon Dynamic Print Solutions may make changes to the Terms from time to time. When these changes are made, Neon Dynamic Print Solutions will make a new copy of the Terms available on any platform through which the Services are accessed. Neon Dynamic Print Solutions shall not be required to otherwise notify you of any changes to the Terms, and you agree to be bound by the Terms as applicable from time to time.
(b) You understand and agree that if you use the Services after the date on which the Main Terms or Additional Terms have changed, Neon Dynamic Print Solutions will treat your use as acceptance of the updated Terms.
(a) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and Neon Dynamic Print Solutions and govern your use of the Services (but excluding any services which Neon Dynamic Print Solutions may provide to you under a separate written agreement), and completely replace any prior agreements and/or representations between you and Neon Dynamic Print Solutions in relation to the Services.
(c) You agree that Neon Dynamic Print Solutions may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if Neon Dynamic Print Solutions does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Neon Dynamic Print Solutions has the benefit of under any applicable law), this will not be taken to be a waiver of Neon Dynamic Print Solutions’ rights and that those rights or remedies will still be available to Neon Dynamic Print Solutions.
(e) If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be read down or removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
(f) No agency or partnership shall be construed to have been created by virtue of this agreement.
(g) You acknowledge and agree that each member of any company or entity to which Neon Dynamic Print Solutions is directly related (through whole or part ownership or control) shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
(h) The Terms, and your relationship with Neon Dynamic Print Solutions under the Terms, shall be governed by the laws of the State of New South Wales (or Australia where applicable). You and Neon Dynamic Print Solutions agree to submit to the non-exclusive jurisdiction of the courts located within the State of New South Wales (or Australia, where applicable) to resolve any legal matter arising from the Terms.
(i) You acknowledge and warrant that you are of legal capacity and have obtained, or had a reasonable opportunity to obtain independent legal advice in relation to the Terms and enter this agreement with an understanding of the legal and practical effect of the Terms. Neon Dynamic Print Solutions shall not be liable for any breach of this warranty.