Terms & Conditions – Policies

Terms & Conditions

Effective as at 8th May 2023

The website (“Site”) is owned and operated by Neowell Pty Ltd (collectively, “Neowell,” “we,” “our,” or “us”). The Site provides information about our products, suggestions on the best way to use the products, and information on how to purchase our products (“Services”).

These terms of use (“terms”) constitute a binding agreement between you and us. Please read carefully through all sections of these terms. Your access to and use of the site is subject to these terms and all applicable laws, and we reserve the right to terminate your access to the site if you violate these terms. By clicking on links within the site or webpages beyond the site’s homepage or by clicking on a box or icon you agree to the terms of this agreement whether or not you complete a transaction with Neowell, and whether or not you complete your transaction on the site or through other channels, such as by telephone, email, facsimile or otherwise. If you do not agree with these terms, do not access or otherwise use the site, any services available through this site, or any information contained on this site.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER.

Except for certain types of disputes or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. 

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms, however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

In addition to these Terms, your use of certain Services may be governed by additional agreements.

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of Neowell or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted and/or trademarked work of Neowell or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Permitted Uses

  • By accessing or using the Site, you agree that:
  • Your use of the Site is subject to and governed by these Terms;
  • You will only access or use the Site and transact business with us if you are at least 16 years old;
  • You will use the Site solely for its Services offered in the normal course of business;
  • You will always act in accordance with the law, custom, and in good faith;
  • You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site;
  • Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
  • These Terms are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use the Site in any way that:

  • Changes or alters the Site or content or Services that may appear on the Site;
  • Impairs in any way the integrity or operation of the Site;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
  • Transmits any harmful or disabling computer codes or viruses;
  • Harvests email addresses from the Site;
  • Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
  • Interferes with our network services;
  • Attempts to gain unauthorised access to our network services;
  • Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

User Contributions

The Site may contain live chat features and/or other interactive features (collectively, “Interactive Services”) that allow users to submit or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Neowell, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Site.
  • Terminate or suspend your access to all or part of the Site for any reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless Neowell and its affiliates, licensees, and service providers from any claims resulting from any action taken by Neowell during, or taken as a consequence of, investigations by either Neowell or law enforcement authorities.

However, we cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organisation.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Neowell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Third-Party Links

This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Neowell, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. You agree that we will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or content available on or through any third-party sites and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the content or business practices of any third-party. Any reference on the Site to any product, service, publication, institution, organisation of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

Online Purchases and Other Terms and Conditions

All purchases through our Site or other transactions for the sale of goods or services formed through the Site, or resulting from visits made by you, are governed by our Terms of Service which are hereby incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Federal and State Laws  

We operate internationally and transfer information to Australia for the purposes described in this policy. Australia may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in Australia according to the laws of Australia. 

By using our Services, you explicitly consent to this risk and to the transfer, processing and storage of your information in Australia, irrespective of which country you live in. This includes, but is not limited to, when you contact us through webform, telephone, or email for product enquiry or customer service support. We also may transfer your Personal Data to Australia if necessary to perform a contract between you and us.

Minimum Age

We do not allow persons under the age of sixteen (16) to use the Site. By using the Site, you represent and warrant that you are sixteen (16) years of age or over.

Disclaimer of Warranties

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

To the fullest extent provided by law and except as otherwise provided herein or on the site, the information and services offered on or through the site and any referenced third-party site are provided “as is” and without warranties of any kind, either express or implied. Any third-party goods or services provided are supplied as a convenience to you and do not constitute sponsorship, affiliation, partnership, or endorsement. To the fullest extent allowed by law, we disclaim all express and implied warranties, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.

To the fullest extent allowed by law, we do not warrant or make any representations regarding the use or the results of the use of the site, content, or other posted materials on the site in terms of its correctness, accuracy, timeliness, reliability or otherwise.

By providing the services on the site, we do not in any way promise that the services will remain available to you. We are entitled to terminate all or part of any of the site at any time, in our sole discretion without notice to you.

Limitation of Liability

We cannot guarantee the Site will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions. Although we strive to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and we disclaim any liability for damages resulting from such problems.

Notwithstanding the foregoing, the liability of Neowell and its affiliates, employees, agents, representatives and third-party service providers with respect to any and all claims arising out of your use of the site, the materials, the content or services obtained through the site, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the greater of (1) as applicable, the price of the products purchased by you or the price of the services purchased in the 12 months prior to the date of the incident or (2) fifty dollars (AUD$50).

In no event will we be liable to you or any party for any direct, indirect, special or other consequential damages for any use of the site, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data or otherwise, even if we are expressly advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: providing content to or communicating with us or our Affiliates, unauthorised use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

Neowell Pty Ltd
Customer Service
359 Clarendon Street
South Melbourne Vic AUSTRALIA 3205

customerservice@neowell.co

Privacy Policy

Effective as of 8th May 2023

Introduction

Neowell Pty Ltd (“Neowell,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website (the “Site”) and the services provided through our Site (the “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. If we make material changes to our Privacy Policy, we may also notify you by other means, such as sending an email or posting a notice on our home page. If required by applicable data protection laws, we will obtain your consent to any material changes. Please review this Privacy Policy periodically.

Please also refer to our Terms of Use regarding the proper usage of the Sites and Services.

This Privacy Policy covers the following topics:

  1. Who is Neowell?
  2. Collecting and Using Information
  3. Cookies and Other Tracking Technologies
  4. Third Party Processors
  5. International Data Transfers
  6. “Do Not Track” Signals
  7. Advertising and Marketing Choices
  8. Third Party Links
  9. Security
  10. Children’s Privacy
  11. Your Choices and Rights
  12. Your Personal Data and Your Rights 
  13. Accessibility
  14. How to Contact Us 
  1. Who is Neowell?

Neowell was founded to help people achieve optimal health effortlessly through the use of advanced wellness technologies.  By incorporating our technologies into the individuals wellness ecology, we hope to inspire and assist people to improve their quality life so they can thrive and be their best self.

Our global head office is located at 359 Clarendon Street, South Melbourne Victoria, Australia.

  1. Collecting and Using Information

Personal Data We Collect

Through your use of the Site and Services, we collect personal data from you. For purposes of this Privacy Policy, “Personal Data” refers to any information relating to an identified or identifiable natural person that we maintain in an accessible form.

Information You Provide

When you use the Site or Services, you may voluntarily provide us with the following types of Personal Data:

  • Enquire. When you enquire for a salesperson or office personnel to contact you, you may need to provide your name, phone number, email, country details and reason for enquiry.
  • Contact Us. When you contact us by telephone or email, you may need to provide us with your first and last name, email address, and/or phone number.
  • Interact with our Site or Services. When you send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you may need to provide us with your first and last name, and email address.

Information as You Navigate Our Site and Services

We automatically collect certain Personal Data through your use of the Site and Services. We will automatically collect certain Personal Data, such as the following:

  • Usage Information. We collect information such as which of the pages on the Site you access, the frequency of access, and what you click on while on the Site.
  • Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
  • Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
  • Location Information. We collect location information from Site visitors on a city-regional basis.

Third Party Information

In some cases, we may receive certain Personal Data from you about a third party. For example, when you purchase an AirPod product, you may provide the name and physical address of a third party who is receiving the product. If you submit any Personal Data about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Data in accordance with this Privacy Policy.

How We Use Your Personal Data

We use the Personal Data we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personal Data we collect to:

  • Contact you regarding our products and services that we feel may be of interest to you;
  • Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
  • Provide support;
  • Maintain and improve our Site and Services;
  • Defend our legal rights and the rights of others;
  • Efficiently maintain our business; and
  • Comply with applicable law.

How We Share Your Personal Data

We may share the information that we collect about you in the following ways:

  • With service providers who perform data services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.). Any such service providers will be under an obligation to us to maintain the confidentiality of your Personal Data;
  • To service providers to prepare, deploy and analyse advertising content;
  • To the extent that we are required to do so by law;
  • In connection with any legal proceedings or prospective legal proceedings;
  • To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
  • To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data;
  • To any other person or entity as part of any business or asset sale; and
  • To any other person or entity where you consent to the disclosure.
  1. Cookies and Other Tracking Technologies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons). To learn more about how we use cookies and to change your cookie settings, please see our Cookie Policy.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

  1. Third Party Processors

To ensure that your Personal Data receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share your Personal Data with to ensure that your Personal Data is treated by those service providers in a way that is consistent with and which respects the applicable laws on data security and privacy. For example, we use Google Analytics and Office 365 for data backup and recovery.

  1. International Data Transfers

We operate internationally and transfer information to Australia for the purposes described in this policy. Australia may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in Australia according to the laws of Australia.

By using our Services, you explicitly consent to this risk and to the transfer, processing and storage of your information in Australia, irrespective of which country you live in. This includes when you make an inquiry or contact us via telephone or email. We also may transfer your Personal Data to Australia if necessary to perform a contract between you and us.

  1. “Do Not Track” Signals

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

  1. Advertising and Marketing Choices

Depending on your location (and reflecting applicable law), you may have been asked to indicate your preferences, provide us with your consent regarding the receipt of such information from us, and indicate how you would like to receive it.

Wherever you are located, we will send you marketing communications based on any preferences you may have expressed.

We only want to send you information in which you are interested. If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact us as set out in the “How to Contact Us” section below.

For email communications, you can opt out and/or manage your preferences by clicking on the unsubscribe link provided at the bottom of any email you receive from us. You also may submit a request to us at customerservice@neowell.co If we call you with information you do not want to receive, you can advise us of this during the telephone call.

To stop text messages and calls, you can opt out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us; and (ii) for calls, requesting opt out during any call you receive from us or contacting us as set out in the  “How to Contact Us” section below and specifying you want to opt out of calls. Please note that your opt out is limited to the phone number used.

  1. Third Party Links

The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personal Data that is acquired on this Site and Services. We accept no responsibility or liability for these other websites.

  1. Security

We maintain commercially reasonable security measures to protect the Personal Data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee absolute security.

  1. Children’s Privacy

The Site and Services are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal information from children under 16.

  1. Your Choices and Rights

Depending on the jurisdiction in which you are located, you may have additional rights with respect to your Personal Data. We discuss some of those jurisdictions and rights below. For example, you may have the rights to access, delete, update, or correct your information. You also may have the right to object to or opt out of direct marketing from us. If you would like to exercise your legal rights, please contact us at customerservice@neowell.co. We will process your request in accordance with any applicable legal requirements.

Legal Bases for Processing Your Personal Data

The legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.

Consent

We may process your Personal Data based on your consent such as when you create an account or when you ask us to send certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.

Our Legitimate Interests

We may process your Personal Data if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your Personal Data to carry out fraud prevention activities and activities to increase network and information security, to market directly to you, to expand our business activities, and to improve our services and the content and functionality of our Site.

To Perform a Contract

We may process your Personal Data to administer and fulfill contractual obligations to you.

To Enable Us to Comply with a Legal Obligation

We may process your Personal Data to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts and to comply with legal process.

Necessary for the Exercise or Defense of Legal Claims

If you bring a claim against us or we bring a claim against you, we may process your Personal Data in relation to that claim.

If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Data for any specific processing activity, please contact us using the “How to Contact Us” section below.

Your Rights

Access Your Personal Data

You have the right to obtain from us confirmation as to whether or not we are processing Personal Data about you and, if so, the right to be provided with the information contained in this Privacy Policy. You also have the right to receive a copy of the Personal Data undergoing processing.

Rectify Your Personal Data

You have the right to ask us to rectify any inaccurate Personal Data about you and to have incomplete Personal Data completed.

Restrict Our Use of Your Personal Data

You have the right to ask us to place a restriction on our use of your Personal Data if one of the following applies to you:

  • You contest the accuracy of the information that we hold about you, while we verify its accuracy;
  • We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
  • We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
  • You have objected to us using your information, while we check whether our legitimate grounds override your right to object.

Object to Our Use of Your Personal Data

You have the right to object to our use of your Personal Data where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).

Delete Your Personal Data

You can ask us to delete your Personal Data if:

  • We no longer need it for the purposes for which we collected it;
  • We have been using it with no valid legal basis;
  • We are obligated to erase it to comply with a legal obligation to which we are subject;
  • We need your consent to use the information and you withdraw consent;
  • You object to us processing your Personal Data where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.

However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Data Kept” section below.

If you do exercise a valid right to have your Personal Data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).

Transfer Your Personal Data to Another Service Provider

You may request that we transfer some of the Personal Data you have provided to you or another service provider in electronic copy. This applies to Personal Data we are processing to service a contract with you and to Personal Data we are processing based on your consent.

To exercise any of these rights, please contact us as described in the “How to Contact Us” section below.

Make a Complaint

If you have any concerns or complaints regarding our processing of your Personal Data, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority.

How Long Is Your Personal Data Kept?

We will retain your Personal Data for as long as necessary to fulfil the purposes for which we collect it and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting requirements that apply to us.

  1.  Your Personal Data and Your Rights

Right to Request Deletion of Personal Information

You have the right to request that we delete the Personal Information about you that we have collected. However, we may not be required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

How to Submit a Request to Know or Delete

You may submit a request to know or delete by emailing us at customerservice@neowell.co

Our Process for Verifying a Request to Know or Delete

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorised disclosure or deletion as applicable.

For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorised deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorised deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

  1.  Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

  1.  How to Contact Us

For questions or concerns about our privacy policies or practices, please contact us by email at customerservice@neowell.co or by mail at:

Neowell Pty Ltd
359 Clarendon Street
South Melbourne Victoria 3205
AUSTRALIA

APP TERMS OF USE

Effective as of 8th May 2023

This Application (the “App””) is owned and operated by Neowell Pty Ltd,  (“Neowell,” “we,” “our,” or “us”). The App provides information about our programs and services (“Services”).  

This terms of use (“terms”) constitutes a binding agreement between you and us. Please read carefully through all sections of these terms. Your access to and use of the app is subject to these terms and all applicable laws, and we reserve the right to terminate your access to the app if you violate these terms. By clicking “I agree to the terms of use” you acknowledge that you agree to these terms. If you do not agree with these terms, do not click “I agree to the terms of use,” access or otherwise use the app, any services available through this app, or any information contained on this app. 

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. Except for certain types of disputes or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. 

We may make changes to the content available on the App at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the App. By using the App after we have updated the Terms, you are agreeing to the then-current Terms. However, we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. 

In addition to these Terms, your use of certain Services may be governed by additional agreements. 

Accessing the App 

We reserve the right to withdraw or amend this App, and any Services or Materials (defined below) we provide on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the App, or the entire App, to users, including registered users. 

You are responsible for both: 

  • Making all arrangements necessary for you to have access to the App. 
  • Ensuring that all persons who access the App through your internet connection are aware of these Terms and comply with them. 

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete, and that you have the authority to provide such information to us.  

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms. 

Proprietary Rights and Your Use of the App 

Unless otherwise specified in these Terms, all information and screens appearing on this App are the sole property of Neowell or our subsidiaries and affiliates, and other parties. We provide content through the App that is copyrighted and/or trademarked work of Neowell or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, app design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.  

Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this App solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the App or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the App or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the App’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.  

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials. 

Your Communications to the App 

By forwarding any content or communications to us through the App or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above. 

Electronic Communications 

By using the App and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the App and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. 

Permitted Uses 

By accessing or using the App, you agree that: 

  • Your use of the App is subject to and governed by these Terms; 
  • You will only access or use the App and transact business with us if you are at least 18 years old; 
  • You will use the App solely for its Services offered in the normal course of business; 
  • You will always act in accordance with the law, custom, and in good faith; 
  • You will comply with and be bound by these Terms as they appear on the App each time you access and use the App; 
  • Each use of the App by you indicates and confirms your agreement to be bound by these Terms; and 
  • These Terms are a legally binding agreement between you and us that will be enforceable against you. 

You further agree to not use the App in any way that: 

  • Changes or alters the App or content or Services that may appear on the App; 
  • Impairs in any way the integrity or operation of the App; 
  • Interferes with or induces a breach of the contractual relationships between us and our employees; 
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; 
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications; 
  • Transmits any harmful or disabling computer codes or viruses; 
  • Harvests email addresses from the App; 
  • Transmits unsolicited email to the App or to anyone whose email address includes the domain name of the App; 
  • Interferes with our network services; 
  • Attempts to gain unauthorized access to our network services; 
  • Suggests an express or implied affiliation or relationship with us without our express written permission; 
  • Impairs or limits our ability to operate the App or any other person’s ability to access and use the App; 
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; 
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; 
  • Dilutes or depreciates our or any of our affiliates’ name and reputation; 
  • Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or 
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information. 

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this App (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this App or to any other user of this App and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this App or on the Internet. 

User Contributions 

The App may contain leader boards, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App. 

All User Contributions must comply with the Content Standards set out in these Terms. 

Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.  

You represent and warrant that:  

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Neowell, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App. 

Monitoring and Enforcement; Termination 

We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.  
  • Terminate or suspend your access to all or part of the App for any reason, including without limitation, any violation of these Terms. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. 

You waive and hold harmless Neowell and its affiliates, licensees, and service providers from any claims resulting from any action taken by Neowell/any of the foregoing parties during, or taken as a consequence of, investigations by either Neowell/such parties or law enforcement authorities. 

However, we cannot review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. 

We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.  

Content Standards 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy. 
  • Be likely to deceive any person. 
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.  
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Reliance on Information Posted 

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents. 

This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Neowell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Third-Party Links 

This App may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the App may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this App to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this App. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Neowell, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. 

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. 

Any reference on the App to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation. 

Federal and State Laws  

Neowell is located in Australia and the App is operated from Australia. When using the App or when using any content provided by us, you must obey all applicable Australian federal, state and local laws. Information we collect, including personal information, may be transferred to, processed in, and stored in Australia. The data protection laws in Australia may differ from those of the country in which you are located, and your personal information can be subject to access requests from governments, courts, or law enforcement in Australia according to the laws of Australia. By using the App or providing us with any personal information, you explicitly consent to the transfer, processing, and storage of your personal information in Australia. 

Minimum Age 

We do not allow persons under the age of eighteen (18) to use the App. By using the App, you represent and warrant that you are eighteen (18) years of age or over. 

Disclaimer of Warranties  

Your use of this App is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this App. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.  

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE APP, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, CONTENT, OR OTHER POSTED MATERIALS ON THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

BY PROVIDING THE SERVICES ON THE APP, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APP AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. 

Limitation of Liability 

WE CANNOT GUARANTEE THE APP WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE APP REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE APP ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS. 

NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF NEOWELL AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF AS APPLICABLE, THE PRICE OF THE PRODUCTS PURCHASED BY YOU OR ONE HUNDRED DOLLARS (AUD$100).  

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE APP, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Indemnification 

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the App. Such acts may include but are not limited to: providing content to or communicating with us or our Affiliates, unauthorised use of material obtained through the App, engaging in a prohibited activity, or any other action that breaches these Terms.  

Copyright Complaints  

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information. 

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; 
  • Description of the copyrighted work that you claim has been infringed; 
  • The location on the App of the material that you claim is infringing;  
  • Your address, telephone number and e-mail address; 
  • A statement that your claim of infringement is based on a good faith belief; and  
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. 

Our agent for notice of claims of copyright infringement on the App can be reached as follows: 

Neowell Pty Ltd 
Attn: Marketing Department 
359 Clarendon Street 
South Melbourne Victoria 3205 AUSTRALIA

COOKIE POLICY

Last Revised: 8th May 2023

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”) when you visit our website (“Site”), and the services provided through our Site (collectively, “Services”). 

This Cookie Policy covers the following topics:

  1. General Cookie Information
  2. Cookies We Use on AirPod
  3. How You Can Opt-Out of Cookies
  4. How to Contact Us
  1. General Cookie Information

“Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We may use the following types of Cookies:

Strictly Necessary Cookies: These Cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Site will not then work. These Cookies do not store any personally identifiable information.

Performance Cookies: These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Site. They help us to know which pages are the most and least popular and see how visitors move around the Site. All information these Cookies collect is aggregated and therefore anonymous. If you do not allow these Cookies we will not know when you have visited our Site and will not be able to monitor its performance.

Functional Cookies: These Cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these Cookies then some or all of these Services may not function properly.

Targeting Cookies: These Cookies may be set through our Site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these Cookies, you will experience less targeted advertising.

Social Media Cookies: These Cookies are set by a range of social media services that we have added to the Site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these Cookies you may not be able to use or see these sharing tools.

  1. Cookies We Use on the AirPod website
  2. How You Can Opt-Out of Cookies

Your Preferences

When you first visit our Site, you will be presented with a banner that offers you choices about whether to accept or reject cookies or tracking technologies of different types. If you wish to change your preferences, you can do so by clicking the button below.

Cookie Settings

Browser Settings

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.AllAboutCookies.org

Platform Controls

You can opt out of Cookies set by specific entities following the instructions found at these:

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use. 

  1. How to Contact Us

To contact us for questions or concerns about our privacy policies or practices please email customerservice@neowell.co