Terms and Conditions

Adelaide Socials Terms and Conditions

Last Updated: 24th of January 2025

Introduction Welcome to Adelaide Socials, a digital marketing and social media management firm that operates under the DBA of Neon Garage PTY LTD. By accessing our services through the website or any associated service channels, you are agreeing to the following terms and conditions.

Table of Contents

1. Agreement to Terms
2. Intellectual Property Rights
3. User Representations
4. Fees, Payments, and Subscriptions
5. Cancellation Policy
6. Hosting Services
7. White Label Services
8. User-Generated Contributions
9. Third-Party Websites and Content
10. Site Management
11. Privacy Policy
12. Term and Termination
13. Modifications and Interruptions
14. Governing Law
15. Dispute Resolution
16. Disclaimer
17. Limitations of Liability
18. Indemnification
19. User Data
20. Electronic Communications, Transactions, and Signatures
21. Miscellaneous
22. Contact Us

 

1. Agreement to Terms

By accessing and using the website, digital platforms, or services provided by Neon Garage Pty Ltd, doing business as Adelaide Socials, you signify your acceptance and agreement to be bound by these terms and conditions, and any other related policies, conditions, and guidelines. If you are using our services on behalf of any entity, you represent and warrant that you are authorised to accept these terms on such entity’s behalf, and that such entity agrees to indemnify you and Neon Garage Pty Ltd for violations of these terms. These terms apply to all users of our services, including but not limited to users who are browsers, vendors, customers, merchants, and contributors of content.

 

2. Intellectual Property Rights

All content present on our Site—including visuals, text, logos, documents, downloadable files, and anything else that contributes to the composition of our site—is owned by Adelaide Socials Pty Ltd or is used with permission. This site and the content provided on it may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for public or commercial purposes, except as provided under these Terms and Conditions without prior written consent from Adelaide Socials Pty Ltd. You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the service, and you will not alter the content in any way.

 

3. User Representations

By using the Site, you affirm that you are at least 18 years old or have legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You further represent and warrant that you are legally permitted to use the service, and take full responsibility for the selection and use of and access to the service. This agreement is void where prohibited by law, and the right to access the service is revoked in such jurisdictions.

 

4. Fees, Payments, and Subscriptions

Fees for our services are stated in Australian Dollars (AUD) and United States Dollars (USD) and include GST if applicable. Payment for services must be made using a valid credit card through our online payment system or any other payment method designated by us. You agree to pay all applicable fees or charges based on the fee and billing terms in effect at the time a fee or charge is due and payable. Your agreement to pay such fees shall be binding at the time of purchase.

Subscriptions to our services may require a recurring fee. By subscribing, you hereby authorise Neon Garage Pty Ltd, doing business as Adelaide Socials, to charge your credit card automatically according to the terms of your subscription. All recurring subscriptions are renewed automatically until canceled by the user in accordance with the terms specific to the subscription agreement.

Certain subscriptions, particularly those associated with promotional offers or those involving significant upfront investments on our part (such as the provision of free or discounted services or equipment), may not be cancellable prior to the end of their agreed term. These subscriptions are subject to specific terms that were agreed upon at the beginning of the subscription period. Any attempt to cancel these subscriptions before the end of the specified term may result in cancellation fees or the forfeit of any discounts received.

Charges incurred by your account are not refundable, except as explicitly stated in our Cancellation Policy. We encourage you to review the specific terms of your subscription agreement to understand your rights and obligations.

 

5. Cancellation Policy

You may cancel your subscription to services provided by Neon Garage Pty Ltd, doing business as Adelaide Socials, at any time. For most services, you must provide at least one month’s written notice via email or using the contact form on our website. The cancellation will take effect the day after the last day of the current subscription period, ensuring you are not billed for any subsequent periods.

If you cancel your subscription before the end of the current subscription period, you will retain access to the services until the subscription period ends. Cancellation becomes effective after the end of the current paid term.

For users who have accepted the free website offer under our promotional giveaway, a minimum subscription period of two years is mandatory. If you choose to cancel before the completion of the two-year period, you may be subject to penalties or fees, as specified at the time of accepting the offer. Specific conditions and potential fees associated with early termination will be communicated at the outset of the subscription period.

No refunds are provided for cancellation partway through a subscription period unless explicitly specified or agreed upon under exceptional circumstances at the discretion of Neon Garage Pty Ltd. Subscriptions that are part of specific promotional agreements or that have involved substantial upfront investments from us are subject to the terms agreed upon at the start of the subscription, which may include non-cancellation clauses for a defined period.

 

6. Hosting Services

Neon Garage Pty Ltd doing business as Adelaide Socials provides web hosting services under the following terms:

• Service Level: We strive to ensure maximum uptime and reliability. Our hosting services include routine maintenance and support to maintain performance standards. Despite our efforts, occasional outages and downtime may occur as a result of maintenance, updates, or external factors beyond our control.
• Liability for Damages: Neon Garage Pty Ltd is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of our hosting services—including but not limited to data loss, lost revenues, or business interruption.
• Data Integrity: While we perform regular backups, clients are encouraged to maintain their own backups. We are not responsible for data loss due to unforeseen circumstances or client-side errors.
• Usage Policy: Hosting services may not be used for unlawful activities, including but not limited to the hosting of malicious or harmful software.
• Payment and Fees: Hosting fees are due at the beginning of each billing cycle. Failure to fulfill payment obligations may result in the suspension or termination of services.
• Resource Usage: Clients must ensure that their use of resources does not adversely affect the overall server performance or the services provided to other customers.
• Outages: Neon Garage Pty Ltd is not responsible for any interruptions or performance issues caused by factors outside of our direct control, including but not limited to technical malfunctions, natural disasters, or network issues. While we aim to minimise disruption and maintain a high standard of service continuity, we cannot guarantee continuous, uninterrupted access to our hosting services.

 

7. White Label Services

Neon Garage Pty Ltd doing business as Adelaide Socials offers white label services allowing clients to rebrand and resell our services under their own names:

• Anonymity: We ensure complete anonymity in our white label partnerships, allowing our clients to maintain a seamless brand experience.
• Support and Maintenance: We provide ongoing support and maintenance to our white label partners, ensuring that the services are up to date and functioning optimally.
• Pricing and Fees: Specific pricing agreements are established under individual contracts to support the business goals of our white label partners.

 

8. User-Generated Contributions

The website may allow users to post content, submit feedback, or make other contributions. Such contributions must be lawful and must not infringe on the rights of others:

• Moderation: We reserve the right to review, edit, or remove any content that does not comply with our policies or that is deemed offensive or inappropriate.
• Ownership and Rights: By posting content on our site, users grant Neon Garage Pty Ltd a non-exclusive, royalty-free license to use, reproduce, modify, and display the content in relation to our services.
• Responsibility: Users are solely responsible for their contributions and the implications of posting or publishing them.

 

9. Third-Party Websites and Content

Our services may link to other websites or contain third-party content. These links and contents are not under our control, and we are not responsible for their terms of use or privacy practices:

• Third-Party Interactions: Any interactions or business dealings with third parties found through our services are solely between you and the third party.
• No Endorsement: Inclusion of, linking to, or permitting the use or installation of any third-party content does not imply an endorsement or approval of these sites or their content by Neon Garage Pty Ltd doing business as Adelaide Socials.

 

10. Site Management

Neon Garage PTY LTD doing business as Adelaide Socials reserves the right but not the obligation, to:

• Monitor the Site for violations of these Terms and Conditions.
• Take appropriate legal action against anyone who, in our sole discretion, violates applicable laws or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
• Manage the Site in a way that protects our rights and property and facilitates the proper functioning of the Site, which includes, but is not limited to, removing or modifying inappropriate or illegal content, correcting errors, or improving the overall usability of the Site.
• Restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user’s contribution or any part thereof that may violate these Terms and Conditions or any applicable law.

 

11. Privacy Policy

Your privacy is critically important to us. Neon Garage PTY LTD doing business as Adelaide Socials Privacy Policy details how we collect, use, and protect your information when you visit and use our Site and services. By using the Site, you agree to the collection and use of information in accordance with this policy. We will not use or share your information with anyone except as described in this Privacy Policy.

 

12. Term and Termination

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

• Neon Garage PTY LTD doing business as Adelaide Socials may also terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms and Conditions.
• Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

 

13. Modifications and Interruptions

Neon Garage PTY LTD doing business as Adelaide Socials reserves the right to modify or discontinue, temporarily or permanently, the Site or any part of it with or without notice at any time. You agree that Neon Garage Pty Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

• We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors.
• You agree that we have no liability whatsoever for any loss or damage caused by your inability to access or use the Site or any part thereof during any downtime or discontinuance of the Site. We are not obliged to maintain and support the Site or to supply any corrections, updates, or releases.

 

14. Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of South Australia and the federal laws of Australia applicable therein, without regard to its conflict of law principles. You agree that any legal action or proceeding between you and Neon Garage PTY LTD doing business as Adelaide Socials will be brought exclusively in the courts located in South Australia, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

 

15. Dispute Resolution

Arbitration: You agree that any and all disputes, claims, or controversies arising out of or related to these Terms and Conditions, the Site, or the services offered on the Site, including any billing disputes, shall be submitted to final and binding arbitration under the Rules of Arbitration of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in South Australia, Australia, and shall be conducted in English.

Class Action Waiver: You hereby waive any right to commence or participate in any class action lawsuit against Neon Garage PTY LTD doing business as Adelaide Socials related to any claim, dispute, or controversy and, where applicable, you hereby agree to opt out of any class proceeding against Neon Garage PTY LTD doing business as Adelaide Socials otherwise commenced.

Exception – Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

16. Disclaimer

The Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by Neon Garage PTY LTD doing business as Adelaide Socials on an “AS IS” and “AS AVAILABLE” basis unless otherwise specified in writing. Neon Garage PTY LTD doing business as Adelaide Socials makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products, or services included on or otherwise made available to you through the Site, unless otherwise specified in writing.

 

17. Limitations of Liability

General Limitation: Neon Garage PTY LTD doing business as Adelaide Socials shall not be liable for any damages that result from the use of, or the inability to use, the services and products provided, including but not limited to reliance by a user on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to Neon Garage PTY LTD’s doing business as Adelaide Socials records, programs, or services.

Specific Exclusions:

• Direct Damages: In no event will Neon Garage PTY LTD doing business as Adelaide Socials be liable for any direct damages exceeding the amount you paid to us for the product or service from which the claim arises within the twelve (12) months prior to the claim.
• Indirect Damages: Neon Garage PTY LTD doing business as Adelaide Socials specifically disclaims any liability for any indirect, incidental, consequential, or special damages, including loss of profits, business interruption, or loss of business opportunity, even if such damages are foreseeable and whether or not Neon Garage PTY LTD doing business as Adelaide Socials has been advised of the possibility thereof.
• Data Loss: Neon Garage PTY LTD doing business as Adelaide Socials is not responsible for the loss or corruption of data maintained in our systems or while in transit as part of our services, assuming standard industry practices for data protection have been followed.
• Third-party Actions: Neon Garage PTY LTD doing business as Adelaide Socials is not liable for any unauthorised access to or use of your personal and/or financial information stored on our servers, except to the extent that such access or use is a direct result of Neon Garage PTY LTD doing business as Adelaide Socials gross negligence or willful misconduct.

Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

 

18. Indemnification

Scope of Indemnification: You agree to defend, indemnify, and hold harmless Neon Garage PTY LTD doing business as Adelaide Socials, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorised in these Terms and Conditions, or your use of any information obtained from the Site.

Specific Indemnification Provisions:

• Third-party Claims: You will indemnify Neon Garage PTY LTD doing business as Adelaide Socials against any and all claims, actions, demands, or lawsuits from third parties arising from or relating to your use of the Site or services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.
• Breach of Terms: In the event of your breach of these Terms and Conditions, including but not limited to negligence or wrongful conduct, you agree to indemnify, defend and hold harmless Neon Garage PTY LTD doing business as Adelaide Socials and its officers, directors, employees, agents, affiliates, successors, and permitted assigns against any liability, damage, loss, or expense (including reasonable attorneys’ fees and costs) incurred in connection with any claim, suit, action, demand, or proceeding brought against Neon Garage PTY LTD doing business as Adelaide Socials arising out of such breach.
• Collaboration on Defense: Neon Garage PTY LTD doing business as Adelaide Socials reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Neon Garage PTY LTD doing business as Adelaide Socials, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Neon Garage PTY LTD doing business as Adelaide Socials. Neon Garage PTY LTD doing business as Adelaide Socials will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Insurance Requirement: You shall maintain appropriate insurance that covers any liability or claim that may arise under or relate to these Terms and Conditions. Proof of such insurance will be provided to Neon Garage PTY LTD doing business as Adelaide Socials upon request.