Terms & Conditions
OVERVIEW
This website, www.neongoat.com.au (“the Site”) is operated by Neon Goat Pty Ltd ACN 657 400 283 (“Neon Goat”). Throughout the site, the terms “we”, “us” and “our” refer to Neon Goat. Neon Goat offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - INTENDED USE
By placing an order with us, you agree to use the products only for their intended purpose. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.
SECTION 3 - PRODUCT INFORMATION
The statements made about products on the Site have not been evaluated by the Australian Competition and Consumer Commission, National Industrial Chemicals Notification and Assessment Scheme or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.
If any minor uses any products or goods purchased through the Site, it should be only after the parent or legal guardian has discussed the product with the minor.
The product statements are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential reactions.
Use of the Site is not meant to serve as a substitute for professional medical advice. The Site is solely an online store for personal hygiene products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Neon Goat does not give or intend to give any answers to medical related questions and the Site do not replace any medical professional or medical resource. Neon Goat does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site.
If you are in need of medical attention, call emergency services or your physician immediately.
In the event that the product you receive is defective or incorrect, then our Returns Policy shall apply.
SECTION 4 - INTELLECTUAL PROPERTY RIGHTS
In this document:
- Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
- Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or the Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.
Neon Goat makes no representations or warranties about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of Neon Goat or any third party.
SECTION 5 - LIMITED LICENCE
We grant you a limited, revocable, and non-exclusive licence to access the Site for your personal use. This limited licence does not permit, and you are, therefore, restricted from:
- framing or utilising framing techniques to enclose the whole or any part of the Site;
- publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Site or Content (except caching or as necessary to view the Site);
- making any use of the Site or Content other than for personal use;
- modifying, reverse engineering or creating any derivative works based upon the Site or Content;
- collecting account information for the benefit of yourself or another party;
- using any meta tags or any other "hidden text" utilizing any Content; or
using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorised use by you of the Site or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to Neon Goat under applicable laws or the Terms.
SECTION 6 - GENERAL CONDITIONS
We reserve the right to refuse the Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 7 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current.
The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 8 - MODIFICATIONS TO THE PRODUCT AND PRICES
Prices are inclusive of GST and are displayed in Australian Dollars (AUD) on the Site.
Prices for our products are subject to change effectively immediately upon posting to the Site without notice.
We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.
SECTION 9 - PRODUCTS (if applicable)
Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on the Site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new products and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - PLACING ORDERS
To place an order or make a booking, you must:
- meet the eligibility criteria (see below); and
- provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.
- you hold a valid credit or debit card issued by a bank that is acceptable to Neon Goat or you hold another means of payment that is acceptable to Neon Goat, such as a valid Paypal account (Alternative Payment Method);
- you have authorised Neon Goat to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.
We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.
Please refer to our Privacy Policy for further information about how we use your personal information.
SECTION 13 – ACCEPTANCE OF YOUR ORDER
When you place an order via the Site you make an offer to purchase the selected goods from us in accordance with these Terms of Service. Unless you cancel your order or booking, your offer is accepted, and the contract for the supply of the goods or services completed when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier.
For the avoidance of doubt, your offer has not been accepted when:
- you add 1 or more items to your cart; and / or
- following the placement of your order, you receive an email acknowledging details of your order. This email is to confirm that we have received notice of, but not accepted, your order or booking.
At the time your order or booking is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.
We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.
We reserve the right to:
- reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms;
- restrict or limit the quantity of particular goods being shipped to any one customer or postal address.
The contract for the supply of goods or services (as the context permits) is completed in New South Wales, Australia.
SECTION 14 - THIRD-PARTY LINKS
Certain content, resources, hyperlinks, products and services available via the Site may include materials from third-parties including social media webpages (“Third Party Sites”).
Third-party links on the Site may direct you to third-party websites that are not affiliated with us.
We are not responsible for content or accuracy of any Third Party Sites linked to or from the Site and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or materials or websites, or for any other materials, products, or services of third-parties including but not limited to any offerings, advertising, products or services available from such websites or resources.
We are not responsible or liable, directly or indirectly for any damage, loss, or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, services, material, available on such external websites or resources.
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Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You should also carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the Third Party Site.
Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Neon Goat.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://neongoat.com.au/pages/privacy-policy
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
We attempt to provide accurate information on the Site. Occasionally there may be information on the Site or in products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Neon Goat, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
- we do not warrant that information contained on the Site or in the content, including any product descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
- Neon Goat takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content; and
- the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including warranties of merchantability, non-infringement or fitness for a particular purpose.
Nothing in the Terms of Service excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms of Service will be limited, at our option to:
- replacing the goods or supplying equivalent goods;
- repairing the goods;
- paying the cost of replacing the goods or of acquiring equivalent goods; or
- paying the cost of having the goods repaired.
SECTION 19 – LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
- interruption of business;
- access delays or access interruptions to the Site;
- data non-delivery, misdelivery, corruption, destruction or other modification;
- computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website;
- any inaccuracies or omissions in the Site or Content; or
- events beyond our reasonable control.
SECTION 20 - NO COMMERCIAL USE
The Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods purchased on or via the Site), or any of its content, to further any commercial purpose, including, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
SECTION 21 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neon Goat and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any terms of the Terms of Service or the documents they incorporate;
- any breach or inaccuracy in any of your representations and warranties;
- your violation of any Law;
- your violation of the rights of any third party; or
- your use of the Site or the content located on the Site.
SECTION 22 - MOBILE SERVICES
Please be aware that when you access the Site through a mobile device your carrier's normal rates and fees, such as text messaging fees or data charges, will apply.
SECTION 23 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services, the Site or our products (or any part thereof).
SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site at any time without notice.
Any changes are effective immediately upon posting to, or removal the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any change, then you must immediately stop using the Site.
We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, withdraw the Site from use and terminate any or all of the rights granted by the Terms of Service.
SECTION 28 - SHIPPING
Shipping of orders is governed by our Shipping Policy.
SECTION 29 - RELATIONSHIP
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended to be created between you and us by the Terms of Service.
SECTION 30 - FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
SECTION 31 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@neongoat.com.au
Our contact information is posted below:
Neon Goat Pty Ltd
info@neongoat.com.au
Level 7, 66 Hunter Street, Sydney, NSW 2000
ABN: 85 190 821 481