Terms & Conditions

Neild & Co and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Neild & Co, you accept these conditions. Please read them carefully.

In addition, when you use any current or future Neild & Co service or visit or purchase from any business affiliated with Neild & Co, whether or not included in the Neild & Co Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIOR TO USE OF THE NEILD & CO WEBSITE
Do not use this website unless you have read these terms and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. By using this site, you signify your continued acceptance of these terms of use. We reserve the right to change, modify, add or remove any part of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will try to highlight any significant or substantive changes to these terms to you where possible. if you choose to use Neild & Co’s website we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Neild & Co’s rights and obligations to each other.

AMENDMENT OF TERMS
Neild & Co reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time you use the website and only if you accept these terms should you proceed to access and use the features on the website. We will try to highlight any significant or substantive changes to you where possible, but it is your responsibility to read the terms each time you use our site.

ELECTRONIC COMMUNICATIONS
When you visit Neild & Co or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONSULT YOUR LEGAL ADVISOR
The law is different in each jurisdiction of Australia. If you are unsure as to any of the terms, credit applications, terms and conditions of trade or any of the information or how it applies to your specific circumstances then you should consult your legal adviser (solicitor, barrister, paralegal etc).

COPYRIGHT, TRADEMARK AND RESTRICTION OF USE
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Neild & Co or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Neild & Co and protected by international copyright laws. All software used on this site is the property of Neild & Co or its software suppliers and protected by international copyright laws.
You are not permitted to reproduce the documents, information or materials on the Neild & Co website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from this website. You are permitted to download a copy of the documents and retain them on computers used in your business or at home for any legitimate or proper purpose of conducting your business or personal affairs.
Additionally, you are not permitted to use any trademarks, trade names, graphics, or designs on our website. Neild & Co expressly reserves all copyright and trademark in this website and in all documents and information on this website and reserves the right to take action against you if you breach any of these terms.

LICENSE AND SITE ACCESS
Neild & Co grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Neild & Co. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Neild & Co. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Neild & Co and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Neild & Co’s name or trademarks without the express written consent of Neild & Co. Any unauthorised use terminates the permission or license granted by Neild & Co. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Neild & Co so long as the link does not portray Neild & Co, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Neild & Co logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Neild & Co reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Neild & Co and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Neild & Co and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Neild & Co or its affiliates for all claims resulting from content you supply. Neild & Co has the right but not the obligation to monitor and edit or remove any activity or content. Neild & Co takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Neild & Co and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

RISK OF LOSS
All items purchased from Neild & Co are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Neild & Co and its affiliates attempt to be as accurate as possible. However, Neild & Co does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Neild & Co itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES
Parties other than Neild & Co and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Neild & Co does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
It is an essential pre-condition to you using Neild & Co’s website that you agree and accept that Neild & Co is not legally responsible for any loss or damage you might suffer related to your use of the website, howsoever arising. Your use of this website is at your own risk. If you use the materials provided on this website incorrectly, you may suffer adversely: you may not get the certificate you wanted or the outcome you desired.

Please note the following:
This site is provided by Neild & Co on an “as is” and “as available” basis. Neild & Co makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Neild & Co disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neild & Co does not warrant that this site, its servers, or e-mail sent from Neild & Co are free of viruses or other harmful components. Neild & Co will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. The applicable law in your exclusive jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties, and you may have additional rights. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this site. It is your responsibility to do so.

AUSTRALIAN CONSUMER LAW
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1., Subdivision A of the Competition and Consumer Act 2010 (Cth), Neild & Co’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

APPLICABLE LAW
By visiting Neild & Co, you agree that the laws and jurisdiction of New South Wales, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Neild & Co or its affiliates resulting in litigation then you must submit to the jurisdiction of the courts of New South Wales.

DISPUTES
Any dispute relating in any way to your visit to Neild & Co or to products you purchase through Neild & Co shall be submitted to confidential arbitration in {{ store_city }}, Australia, except that, to the extent you have in any manner violated or threatened to violate Neild & Co’s intellectual property rights, Neild & Co may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Neild & Co. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining

EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any jurisdiction then such a clause shall not apply in that jurisdiction and shall be deemed never to have been included in these terms and conditions in that jurisdiction. However, if any clause above is legal and enforceable in any other jurisdiction, it shall continue to be fully enforceable and part of this agreement in those other jurisdictions. Any deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

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