Terms and Conditions

1. INTRODUCTION

This Service Agreement (“Service Agreement”) is a legal document that details your rights and obligations as a User. A User is one who has registered for the Mobibudget Service, which includes creating an account for online service (collectively called the “Service”), and is referred to herein as “User” or collectively “Users” in this Service Agreement. For the purpose of this Service Agreement, an account for Service shall have been created when a User provides billing information, i.e. credit card information, for the purpose of making payment for fees associated with the Service, (“Registered”, or “Registration”). You cannot become a User or create a Service account until you have accepted the terms of the Service Agreement. The Service Agreement provides very important information about your Service, so you should take the time to read and understand it. If you have questions about the Service Agreement, or about your rights and responsibilities as a User, please contact us at legal@mobibudget.com.au. You should also take the time to review the Neonook Privacy Policy and the Neonook Security Policy. The Internet and online world is changing rapidly and as technology and Neonook’s business continue to evolve, these policies may have to be updated or revised. Since these policies may change, you should regularly check for the most current version.

For the same reasons, it may be necessary for Neonook to update or revise certain provisions of the Service Agreement. By using the Service and/or accepting the Service Agreement you agree that Neonook may change the terms of this Service Agreement at any time, and you agree to be bound by any such changes. If you don’t agree to the changes proposed by Neonook, or to any of the terms in this Service Agreement, your only remedy is to cancel your Service. By continuing to use or subscribe to the Service following such changes, you agree to be bound by these changes to the Service Agreement. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with Neonook or third parties.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service's Registration. If you provide any information that is untrue, inaccurate, not current or incomplete, or Neonook has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Neonook has the right to suspend or terminate your account and refuse any and all current or future use of and/or subscription to the Service.

2. THE BASICS OF YOUR MOBIBUDGET SERVICE

This Agreement is your entire agreement with Neonook and governs your use of the Service. To access the Service you must accept the terms of this Agreement and comply with the terms contained herein.

3. SERVICE ACCESS AND SPEED

Service speed can vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic and other factors beyond the control of Neonook. Neonook provides the Service on a "best effort" standard and does not guarantee upload or download speeds.

You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

Neonook cannot guarantee access if the Internet connection for your online or Internet service provider or chosen Institution(s) is down or inaccessible or if you provide incorrect information. Should your chosen Institution(s) terminate your online access to their servers or should your online or Internet service provider terminate your service, the Service will be inaccessible to you. Neonook is not responsible for any fees, long-distance, toll or other charges you incur while you are Registered in the Service.

4. ACCOUNT REQUIREMENTS

In order to activate the Service, you will need to provide personal information, including your name, valid and current e-mail address and postcode.

You agree to provide the accurate and complete personal information required to activate the Service. You agree to provide the accurate and complete account information required to utilise the Service. You agree to keep your personal information and account information up-to-date and accurate. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law. You agree that your right to use the Service is personal to you, and that you may not resell or make any commercial use of the Service, unless otherwise specified in a Contract Agreement with Neonook.

5. YOUR SERVICE, PRIVACY, PASSWORD AND SECURITY

Upon Registration, you will select a username and password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify Neonook immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.

Neonook will not sell, exchange, or release your personal information or account information to any third party without your express permission, unless required by law or court or governmental order. However, Neonook may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Neonook Privacy Statement for more information on Neonook's privacy practices.

6. MONITORING THE SERVICE

Neonook has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if Neonook adheres to its outlined Privacy Statement and in its sole discretion believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Service properly; or protect itself and its Users. Please see the Neonook Privacy Statement. Neonook may immediately remove your information from Neonook's servers, in whole or in part, which Neonook, in its sole and absolute discretion, determines to infringe another's property rights.

7. CHARGES, BILLING AND REFUNDS

Neonook reserves the right to change our fees or billing methods at any time. Before Neonook makes such changes to the Service Agreement, Neonook will post the changes to the Agreement at least 30 days before they take effect. Neonook also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service. If you don’t like the changes in fees or billing methods, you may cancel your Service at any time subject to the cancellation provisions outlined below.

The Service is a pre-paid service. Payment for service is due on the 1st day of Registration and thereafter on the 1st day after the end of each billing cycle. Billing cycles vary depending on the type of payment plan a User selects. Payment for the Service grants access to Users to utilize the Service 24 hours 7days per week, 365 days per year. Please note, except as provided herein, or except by express notification from Neonook to the contrary, payment for the Service is non-refundable.

Most Users pay by credit card. We will charge your designated card every billing cycle. Every time you use the Service and/or by continuing to subscribe to the Service, you re-affirm that Neonook is authorised to charge your credit card, depending on which payment method you have selected. However, nonuse of or non-payment for the Service does not constitute cancellation of the Service nor does it remove your ongoing obligation to pay applicable Service fees (see Termination and Cancellation below). Neonook is not responsible for any charges or expenses (for example, for overdrawn accounts, exceeding credit or debit card limits, etc.) resulting from charges billed by Neonook.

No matter which plan you select, your membership will automatically renew at the end of the plan’s term unless you cancel your membership via the My Account section within Mobibudget.

We expect you to pay your account balance on time. Delinquent accounts may be suspended or canceled at Neonook's sole discretion, however charges will continue to accrue until the Service is canceled. Neonook may bill an additional charge to reinstate suspended or cancelled Service. Neonook will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower, with a minimum charge of $1.00) per month late charge if your payment is 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees that Neonook may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if your Service is cancelled. You must communicate any billing problems or discrepancies to:billing@mobibudget.com.au, within 60 days after they first appear on your bank and/or credit card statement from Mobibudget; otherwise you agree that you waive your right to dispute such problems or discrepancies.

8. TERMINATION AND CANCELLATION

Either you or Neonook may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Neonook. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Service Agreement or Neonook's enforcement or application of this Service Agreement; (2) any policy or practice of Neonook, including the Neonook Privacy Policy and the Neonook Security Policy, or Neonook's enforcement or application of these policies; (3) your ability to access and/or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. The terms and provisions of Sections 9 through 11 below shall remain in force and continue to be binding on you should your account be terminated or cancelled for any reason.

You may cancel your membership at anytime via the My Account section within Mobibudget. Cancellation will take effect immediately. Neonook will send you written e-mail confirmation.

Not using the Service does not in any way make you eligible for a refund or credit of outstanding Service fees or related charges. If you cancel and are inadvertently charged for the next billing period's fee contact Neonook at billing@mobibudget.com.au to have the charges reversed. Neonook reserves the right to collect fees, surcharges or costs incurred and/or any outstanding balances before you cancel your account.

9. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEONOOK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEONOOK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NEONOOK OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NEONOOK OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NEONOOK , NEONOOK EMPLOYEES, NEONOOK AGENTS AND YOUR FINANCIAL INSTITUTION ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NEONOOK'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.

NEONOOK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF NEONOOK , ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST NEONOOK IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. NEONOOK WOULD NOT BE ABLE TO HAVE PROVIDED THIS SERVICE TO YOU WITHOUT SUCH LIMITATIONS.

11. INDEMNIFICATION

Upon a request by Neonook, you agree to defend, indemnify and hold harmless Neonook and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Service Agreement for which you are responsible or from the use of the Service or the Internet. Neonook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User. In that event, the User shall have no further obligation to provide indemnification for Neonook in that matter

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Service Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Trademark and Copyright Legal Notices

Neonook, the Neonook logo, Mobibudget are registered trademarks Neonook (“Neonook”).

Neonook does not grant any license or other authorization to any user of its trademarks, registered trademarks, or other copyrightable material or other intellectual property, by placing them on this Web site.