This privacy policy covers Neon Fields treatment of personally identifiable information such as your name, address, email address, or phone number and other such information that is not otherwise publicly available information (“Personal Information”). It also covers any information collected or received by Neon Fields in relation to any purchases or your use of any Neon Fields services (“Services”). This policy has been drafted having regard to the obligations of Neon Fields under the Australian Privacy Act 1988 (including the new National Privacy Principles) (“Privacy Act”). This Policy is a public document and has been prepared in light of the National Privacy Principle on Openness. This policy is limited to the procedures and systems that Neon Fields owns and/or controls and to the activities of its officers and employees. This policy does not cover the practices of any third party outside of the employ or control of Neon Fields. Information Collection The primary purpose Neon Fields will collect Personal Information is to supply customers with the products and services requested from it and its related companies. Other secondary purposes include: 1. billing and account management; 2. business planning and product development; 3. to provide you with information about promotions, as well as the products and services of Neon Fields  affiliated companies and other organizations; and 4. to enhance your service experience when using Neon Fields by displaying products and/or services that match your personal preferences based on their previous browsing history and/or buying activity. Neon Fields may collect Personal Information when: you register as a user of any Neon Fields Services; a page of any Neon Fields service is visited; any page related to the content contained within the Neon Fields services is visited (e.g. Neon Fields may combine information about you along with information obtained by Neon Fields business partners or other companies). Neon Fields will not collect Sensitive Information except with your consent and only if the collection of such information is necessary for an activity or function. Registration information will primarily include information such as your first and last name and email address, but in certain circumstances your address or other information will be required in order to assist Neon Fields to, when applicable, contact you or to provide goods or services to you. If you register and subsequently sign in to use Neon Fields Services all such use will no longer be anonymous and Neon Fields will collect information about your transactions with Neon Fields and your use of Neon Fields Services. This information may be used to tailor our presentation of information, ads or offers to you or for other purposes. The use of that information may enable us to give you additional information on your professional affiliations, conference and seminar attendance or your preferred airlines, accommodation, music, bands, events or even special promotions. Neon Fields automatically receives and records information from your browser (such as your IP address, browser settings, and pages requested) on our server logs. Neon Fields collects this information through a variety of methods including data entry by the user, the tracking of links clicked by a user and other actions taken by the user.  Some of the Information such as data entered by the user is collected voluntarily while information such as the links that a user clicks is collected involuntarily. To receive our products and services, some information is mandatory due to a number of reasons including the ability to identify how to make payments to you.  Other information we request is optional. Neon Fields may also collect names, favourite product suggestions, and other information, which you divulge about other people, in the process of making referrals or gift purchases. Advertising appearing on the Neon Fields site may also collect anonymous information. Widgets or other applications created by third party developers may also be available on the Neon Fields Services.  Neon Fields does not control the development or use of such software and if you choose to use such software you are engaging with the third party developer, not with Neon Fields.  We encourage you to not provide personal information to such third parties or to use their applications unless you know the third party and you have confidence in their products and services. If you click on links to any other website or application, we encourage you to read the privacy policies of those linked websites or applications as their privacy standards may differ. Some membership information that you have provided to Neon Fields (such as your full name, email address, school or company) may be publicly viewable to assist you and other users to locate each other and connect on Neon Fields. Please edit your profile if you wish such information to be restricted or kept private. Of course, search engines may also be able to access displayed information. Neon Fields may periodically send you promotional materials such as newsletters if you have consented to receive such material. Please notify us if you no longer wish to receive such information. You can notify Neon Fields of your decision by either changing your user preferences under the “Edit your profile” link or by clicking the “unsubscribe” link at the bottom of each email. Neon Fields does not actively market to children, and we never knowingly ask a child under 13 to divulge Personal Information.  We strongly recommend that minors between the age of 13 and 18 seek the consent of a parent or guardian before providing any information to Neon Fields or using any commerce-related services or tools on the Neon Fields services. Information Use Neon Fields uses information to: fulfill your product and service requests; provide you with product and service information, email announcements, special deals, newsletters or advertisements, but you will have the option to not receive these types of communications; create customer profiles based on browsing or purchasing history or to supplement information collected at Neon Fields with data from other sources such as credit history to authorise purchases; improve Neon Fields Services; and/or contact you, conduct research, and provide anonymous reporting for internal and external clients. Neon Fields will not use Sensitive Information for Direct Marketing purposes. In some circumstances Neon Fields may use non-sensitive Personal Information to enable Direct Marketing to individuals on the basis that: you will be clearly notified of your right to expressly request an exclusion from any further Direct Marketing (“Opt Out”); you will be given the option to Opt Out from any further Direct Marketing; and if you Opt Out of all Direct Marketing your decision will be respected by Neon Fields and all its Related Body Corporate. Information Sharing and Disclosure Neon Fields may disclose Personal Information to a Related Body Corporate or an unrelated third party if your consent has been obtained and this may include for disclosures made under the credit reporting requirements of the Privacy Act. Neon Fields does not rent, sell, or share Personal Information about you with other people or non-affiliated companies, except to provide products or services you've requested. Such disclosure will be limited to when we have your permission or when such disclosure is within your reasonable expectations. The other exceptions will be when Personal Information is disclosed: to a trusted partner who works on behalf of or with Neon Fields under confidentiality agreements (“Service Partner”) or to billing, customer relations management, credit card, order fulfilment or shipping companies in order to provide goods or services to you; to a Service Partner who requires access to your Personal Information to help Neon Fields communicate with you (but a Service Partner will not have an independent right to share Personal Information or to contact you regarding any matter not related to Neon Fields); as required under a subpoena, court order, or legal process, or in order to establish, exercise or defend Neon Fields legal rights;  in order (in the reasonable opinion of Neon Fields) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Neon Fields Terms of Use, or as otherwise required by law; and   in circumstances where Neon Fields is acquired by or merged with another company (in which case Neon Fields will give notice that such information is to be transferred and the information will become subject to a different privacy policy). Cookies Neon Fields will set and access Neon Fields cookies on your computer and also requires a non-persistent cookie, used only to keep track of your login status. A cookie is a small text file that our web server places on a user’s computer hard drive to be a unique identifier. Cookies enable Neon Fields to track usage patterns and deliver customised content to users.  Our cookies do have an expiration date. Our cookies do not collect personally identifiable information. Changing Information and Preferences You are entitled to access in accordance with the Privacy Act any Neon Fields records that contain your Personal Information. Neon Fields will at your request in accordance with the Privacy Act, correct as soon as reasonably possible any Neon Fields records that contain your Personal Information. Although Neon Fields may charge a fee for a complex or resource intensive change, there will normally be no fee charged for processing an access or correction request. You can lodge a request to access and/or correct their Personal Information, edit your account information at any time or cancel your membership by contacting support at support@neon fields.com Conditional Use Your use of Neon Fields is conditional on your acceptance that: Any material you post on a Neon Fields service (including in a chat, message board or forum) will be publicly displayed and it may not be possible to subsequently delete or remove such material; Any material you may have contributed to Neon Fields may remain in some form on the site even after you cease to be a member; and Receiving certain communications from Neon Fields (such as service announcements and administrative messages) is a condition of Neon Fields membership. Confidentiality and Security Access by Neon Fields employees to your Personal Information will be restricted to circumstances where we reasonably believe such access is needed in order to provide products or services to you or for operational purposes. Physical, electronic, and procedural safeguards will be implemented in order to protect your Personal Information. You are responsible for the content of your account information and for protecting your Neon Fields password. All financial transactions are encrypted by a 128bit SSL certificate. Please do not send private information to Neon Fields via email or instant messages as those forms of communication are less secure. Overseas Information Transfer Reasonable steps will be taken to limit the amount of Personal Information Neon Fields sends to unrelated organisations located overseas. If there are sound business reasons for Personal Information being sent overseas, Neon Fields will require the overseas service provider to sign a service contract that obliges that entity to handle that information in accordance with the National Privacy Principles. Policy Changes Neon Fields reserves the right to change this policy from time to time and such changes will take effect once placed on the Neon Fields.com website or application. Further Information Please contact us at support@neonfields.com if you have questions or suggestions. Definitions Direct Marketing means the marketing through written, verbal or electronic means of goods or services that may be those of Neon Fields or a Related Body Corporate or those of an independent third party. Neon Fields means all companies in the Neon Fields Pty Limited. Related Body Corporate means a body corporate that is or is deemed to be related to: a holding company of another body corporate; a subsidiary of another body corporate; or a subsidiary of a holding company of another body corporate, Sensitive Information means health information or information or an opinion about an individual's: racial or ethnic origin; or political opinions; or membership of a political association; or religious beliefs or affiliations; or philosophical beliefs; or membership of a professional or trade association; or membership of a trade union; or sexual preferences or practices; or criminal record.

These Terms form a legal agreement between you and Neon Fields and they govern your access to and use of Neon Fields. Please carefully read them before deciding whether to join Neon Fields. If you click on the “Agree” button, you agree to use Neon Fields and to be bound by these Terms (“Terms”). We do not grant you the right to use the Services if you do not agree to be bound by these Terms and if you use the Services, you will be deemed to be bound by these Terms. 1. Variation 1. Neon Fields reserves the right to change its practices and/or these Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on the Services. 2. If you continue to use the Services after the Terms are varied, you are deemed to have agreed to be bound by the variation. It is therefore important that you review these Terms and Neon Fields policies regularly. 2. Privacy Policy and Terms of Use The Neon Fields Privacy Policy applies to all your interaction with Neon Fields. 3. Use of the Services 1. The key ways a user may interact with the Services are: Event Manager: a user may post an event on the Services and use the tools of the Services to administer the planning and conduct of an event, to create web or mobile phone applications and/or to sell tickets. Attendee: a user may purchase a ticket to an event planned or conducted by an Event Manager or purchase a good or service by clicking through an Ad displayed on the Services or a third party’s service. Advertiser: a user may post advertising material (an “Ad”) for the user’s goods or services on the Services and state the price and any conditions that apply to those goods or services. 2. A reference to “You” in these Terms refers to a user of the Services whether as a Event Manager, Attendee or Advertiser. It also includes anyone acting on your behalf or with your express or implied authority. 3. Unless otherwise stated, a reference to these Terms also includes any related policies. 4. While Neon Fields invites the public to use the Services, such use is not an entitlement. Neon Fields may exercise its discretion to alter, suspend, terminate or restrict the Services. Neon Fields may also exercise its discretion to alter, suspend, terminate or restrict a particular user’s use of the Services. This could result in the affected user either temporarily or permanently being unable to access the Services. A user subject to such circumstances is prohibited from applying for a new account. 5. The right to use the Services is not transferable. You will remain responsible for all use of the Services through your account. You undertake to maintain control of your account and to not allow others to use your account without your explicit permission. Please report any unauthorised use of your account. 4. Core Representations 1. If you agree to these Terms you represent to Neon Fields that you: are 18 years old or older; and are capable of entering into a legally binding agreement; or have parental consent to enter into this contract with Neon Fields. 2. If you are a business entity, you also represent that: you are duly authorised to do business in the jurisdictions where you trade; any employee, officer, representative and agent that accesses the Services is duly authorised to act on behalf of your business; and your business agrees to be legally bound by any transaction conducted under your username and password. 5. Additional Representations and Warranties 1. You also represent and warrant that: all information you have provided to Neon Fields to enrol as a user is correct and current; you have the power and authority necessary to enter into the agreement formed under these Terms and to perform the acts required under these Terms; you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-spam laws and any relevant data protection or privacy laws); you will not and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories. 2. Use of the Services and registration to be a user is void if prohibited under these Terms or any applicable law. 6. Transactions Parties 1. You agree that neither Neon Fields nor any Related Bodies Corporate (as defined in the Corporations Act 2001) of Neon Fields is a party to any transactions that you enter whether as an Event Manager or Attendee. Although Neon Fields may have its own legal relationship, rights and obligations with other third parties, Neon Fields is not an agent, buyer nor seller in a transaction between you and a third party unless the contrary is specifically stated on the Services. 2. It is a condition of your use of the Services that you accept that Neon Fields is not involved in any actual transaction between you and an Event Manager or Attendee. 3. ALL CLAIMS ARE THE RESPONSIBILITY OF THE RELEVANT PARTIES AND NEON FIELDS, TO THE EXTENT PERMITTED BY LAW, HAS NO RESPONSIBILITY TO YOU. 4. Neon Fields has no control over the truth, accuracy, quality, safety and legality of Ads, third party information or other content posted on the Services or the goods or services bought or sold in relation to such content. Nor can Neon Fields control an Event Manager’s ability to manage and conduct and event or an Attendee’s conduct at an event. Neon Fields cannot guarantee that any user of the Services will act honestly, complete a transaction or act lawfully. 5. It is the responsibility of an Event Manager to accurately and comprehensively state the price and any conditions that apply to an event that the Event Manager posts on the Services. 6. A legally binding contract will be formed with another Neon Fields user if you enter into a transaction unless such a transaction is prohibited either by law, these Terms or any policy issued by Neon Fields. You must fulfil your contractual obligations to the other Neon Fields user and it is your responsibility to inform yourself of the relevant laws related to the transaction and to ensure that you fully comply with those laws. 7. If a dispute arises between you and an Event Manager or Attendee, Neon Fields may help resolve the dispute. Regardless of Neon Fields assistance, the dispute will at all times remain a dispute between you and the other Neon Fields user and Neon Fields will not bear any responsibility. If another Neon Fields user breaches an obligation to you, it is your responsibility, not Neon Fields responsibility, to enforce your rights. 8. The Services are merely a communication facility that enables users to offer, buy and sell goods and/or services. Neon Fields does not offer any insurance or other seller or buyer protection unless the contrary is specifically stated on the Services. 9. Limited protection (or chargeback protection) may be obtained by the use of credit card or PayPal payment processes. You should inform yourself of the merits and applicability of such options and decide which means of completing the transaction best suits you. 10. Any amount payable to you may be set off against any amount you owe Neon Fields. 7. Taxes 1. You are responsible for the reporting and payment of all applicable taxes that relate to your use of the Services and you must comply with all applicable tax laws. 2. GST will apply to all goods and services sold in Australia. Each Event Manager must ensure all prices advertised on the Services are in Australia Dollars (unless otherwise stated) and are inclusive of any applicable GST. 3. If the goods or services sold in another jurisdiction where a value added tax or consumption tax (“VAT”) is levied on such transactions then it remains the responsibility of the Event Manager to ensure all prices a advertised on the Services are in the correct currency and are inclusive of any applicable VAT. 8. Your Rights and Obligations 1. Subject to any third party agreements and the following subclause, you may at any time cancel an event you have posted as an Event Manager or an Ad you have posted as an Advertiser or you may terminate the agreement formed under these Terms with or without cause by sending written notice of that termination to Neon Fields. 2. The financial or legal consequences of an Event Manager advertising, conducting or cancelling an event are the responsibility of the Event Manager and the Event Manager fully indemnifies Neon Fields and will keep Neon Fields indemnified in relation to any related claim from an Attendee, Advertiser or any other person. 3. This agreement formed under these Terms will be deemed to terminate within ten business days of Neon Fields receipt of your termination notice. 4. Neon Fields also reserves the right to terminate without notice any account that has been inactive over a period of two years. 9. Ticketing Terms and Conditions 1. The Event Manager is responsible for any tickets sold for a particular event, show or performance. 2. The following conditions are conditions of sale (including any resale or subsequent permitted assignment) and may be conditions of attendance at an event. Except as required by law and as otherwise specified by the Event Manager, there will be no refund or exchange on any ticket. If a refund is made, Neon Fields may, to the extent permitted by law, retain any fee or commission Neon Fields has charged. 3. An Event Manager may reserve the right to: add, withdraw, reschedule or substitute artists and/or vary any advertised programs, prices, venues, seating arrangements and audience capacity; charge a fee for the replacement of tickets; not replace tickets where seating is not allocated (general admission tickets). 4. An Event Manager may also reserve the following rights: Broadcast and recording rights: cameras, audio and video recorders may not be permitted into the venue. Admission rights: admission is subject to the Event Manager’s and the venue's terms of admission; a ticket holder’s admission may be delayed if the ticket holder arrives late and the ticket holder may not be admitted until there is a suitable break in the performance; and admission may be refused if tickets were not purchased from Neon Fields or another authorised point of sale or if the ticket is damaged or defaced. 10. Attendee’s Obligations 1. Please select a collection or delivery method that is most suitable given the applicable period between the purchase date and the date of the performance or event. 2. You must provide suitable and valid identification when collecting concession tickets or attending a venue under a concession ticket. 3. It may be a condition of entry to an individual event that you consent to your person or possessions being searched at the time of the entry to the venue. 4. You must not, without the relevant Event Manager’s and Neon Fields prior written consent: resell or offer for resale (including via on-line auction websites) any ticket at a price that includes a premium; use any ticket for any commercial purpose to advertise, promote (whether as part of a trade promotion or competition) for advertising, promotion or purposes intended to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. 5. A ticket may be cancelled without refund and admission may be refused if the ticket is sold or used in a manner that breaches these Terms. 6. Any ticket sales legislation in the relevant jurisdiction may apply to the resale of a ticket and a breach of that legislation may result in criminal penalties and it is your responsibility to inform yourself of any applicable law. 7. For Australian event’s, the Code of Practice for Event Ticketing and other information on live entertainment and sporting events ticketing can be obtained from www.liveperformance.com.au. 11. No Endorsement 1. Neon Fields does not endorse the safety, quality, accuracy, reliability, integrity, legality or completeness of any information or product displayed, distributed or sold through the Services (“Content”). Nor does Neon Fields give any warranty regarding the availability, fitness for purpose of such Content or whether such Content fits the description an Event Manager or an Advertiser or other third party has provided. 2. Neon Fields, to the full extent permitted by law, disclaims all liability or responsibility for any errors or omissions in any Content or in the Services. Neon Fields also reserves the right, but has no responsibility, to edit, amend, reject or delete any Content that Neon Fields considers in its sole and absolute discretion to be, in whole or in part, offensive, incorrect, inaccurate, illegal or fraudulent or that violates these Terms. 3. Neon Fields may plead these Terms in bar to any claim, action, proceeding or suit brought by you against Neon Fields in relation to any Content or the Services or otherwise in respect of these Terms or your use of the Services. This does not affect any rights you may lawfully have against Neon Fields for Neon Fields own acts or omissions. 12. Termination Neon Fields may refuse to approve or decide to terminate an existing registration at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law). 13. Prohibited Use 1. The Services may only be used for legal and legitimate transactions. You must not use the Services to process payments related to the sale of any illegal goods or services or for any illegal transaction. 2. You must not: display any Ad along with any pornographic, hate-related, violent, or illegal content; use any third party’s intellectual property in an Ad or in the display of an Ad unless such use is specifically authorised by the relevant third party; modify, adapt, decompile, reverse engineer, disassemble, develop derivative works; attempt to derive source code from any Neon Fields services, software or documentation; copy, reproduce, alter or modify or create derivative works of any Content or information included in the Services unless you have received specific written authorisation from Neon Fields; create or attempt to create a substitute or similar service or product through your use of or access to the Services or any of Neon Fields proprietary information; remove, obscure, or alter Neon Fields brand or Neon Fields copyright notice or other notices on the Services; "crawl", "spider", index or in any non-transitory manner store or cache information obtained from all, part of an event posting an Ad or any copy or derivate of an event posting or an Ad; disseminate malware or other malicious code that harms or subverts the Services or a user’s enjoyment of the Services by damaging, modifying, deleting, accessing (without express consent) or expropriating any data or functionality directly or indirectly related to the Services or users of the Services; create a new account to use the Services after Neon Fields has terminated your account due to your breach of these Terms; act in any way that violates these Terms; or engage in any action or practice that reflects poorly on Neon Fields or otherwise disparages or devalues Neon Fields’s reputation or goodwill. 3. If you participate in any attempted or actual violation of any of these Terms, it will be a material breach of this legal agreement between you and Neon Fields. Neon Fields may pursue any and all applicable legal and equitable remedies against you, including the immediate suspension of your account, termination of these Terms, and pursue any civil or criminal remedy that is available. 14. Reserved Rights 1. Neon Fields reserves the right to, from time to time and without seeking your consent:  alter the format, look and feel of the Services;  alter the format, look and feel of an Ad;  delete an event posting from the inventory of available events;  delete an Ad from the inventory of available Ads;  establish general practices and limits concerning use of the Services;  limit or amend individual or aggregate transaction limits whether that limit is on the monetary amount or the number of such transactions in a specified period;  change, suspend or discontinue (without notice and/or without incurring any liability) any aspect of the Services (or any Service features) at any time, including the hours the Services are operational or available;  restrict access to all or part of any Service (without notice and/or without incurring any liability); and  decline to process any transaction without prior notice to the relevant Event Manager or Attendee. 15. Neon Fields Rights 1. Neon Fields owns all right, title and interest, including without limitation all Intellectual Property Rights related to your use of the Services including Neon Fields technology and brand including implied licenses, but excluding any items Neon Fields has licensed from third parties. 2. You will not acquire any right, title, or interest in or to the Services except as expressly set forth in these Terms. 16. Information Rights 1. Your rights regarding information Neon Fields collects or holds about you are detailed in the Privacy Policy. 2. Neon Fields may: transfer and disclose to third parties personally identifiable information about you in order to approve and activate your participation as a User of the Services; provide such information to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction; share non-personally-identifiable information about you, including URL and URL-specific statistics and other similar information collected by Neon Fields with Neon Fields’s advertisers, business partners, sponsors and other third parties; and provide information courts or other authorities in response to a valid legal process or to establish or exercise Neon Fields legal rights or defend against legal claims. 3. Neon Fields will not be liable to you for any disclosure of that information by any such third party. 17. Password Protection 1. You remain responsible for: keeping your username and password protected and confidential; each transaction conducted by any persons using your username or password if you provided your details to that person; the consequences of any use or misuse of your username and password. 2. You must immediately notify Neon Fields if you become aware of any security breach or any unauthorised use or misuse of your username or password. 3. A business entity is responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether access to the Service using the user name and password of the business was authorised. 4. You agree that any employee, officer, representative and agent that may access the Services using the username and password of the business: is duly authorised to act on behalf of your business; has been granted access to the username and/or password; and is vested with the authority from you to use the Services and legally bind you. 18. Electronic Communications 1. You agree that Neon Fields may use electronic means such as email and notices posted on the Services to communicate with you concerning: changes to the Services; amendments to the Terms; payment authorisations; notices or other disclosures; any other matter related to the Terms and/or Services. 2. Please retain copies of any electronic communication by either saving a ‘soft’ copy or printing the document. You will be deemed to receive the communication once it is sent to you at your email address or posted on the Services. 3. You agree to receive electronic communication even in circumstances where you may have a statutory right to receive such communication in paper form. You are entitled to request an electronic communication to be resent or to order a paper copy, but Neon Fields reserves the right to charge a reasonable fee for such additional service. 4. Please promptly notify Neon Fields of any change to your email address. You may also notify us if you withdraw your consent to receive electronic communication, however Neon Fields reserves the right to suspend or terminate your access to the Services if you withdraw that consent. 19. Inappropriate Content Please notify us if you consider any content inappropriate and it will be removed if it breaches Neon Fields content guidelines. 20. No Guarantee 1. Neon Fields does not give you any guarantee or representation regarding the continuation of the Services or of the agreement formed under these Terms; or the operational stability, availability or continuation of the Services. 2. Neon Fields warns you that the Service may be discontinued at Neon Fields sole and absolute discretion or that the Services may be inoperable at times due to: down time and scheduled maintenance; outages to any public Internet backbones, networks or servers; equipment failure including the failure of third party systems such as international or local access systems; or a Force Majeure Event. 21. No Warranty 1. Subject to the following LOCAL LAWS paragraph, Neon Fields to the full extent permitted by law EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS, RESPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AN UNDERTAKING SET OUT IN THESE TERMS (WHETHER EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING OR OTHER SERVICES. 2. NEON FIELDS WILL HAVE NO LIABILITY RELATED THE DISPLAY OF AN EVENT POSTING OR AN AD TO THE EXTENT AN EVENT POSTING OR AN AD IS BASED ON OR DISPLAYED IN CONNECTION WITH NON-NEON FIELDS CONTENT. 22. Local Laws 1. These Terms may not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into these Terms that cannot be excluded. Neon Fields liability will, to the extent permitted by the relevant laws, be limited at Neon Fields option, to the supply of the services again, or payment of the cost of having the services supplied again. 2. These limits will not apply to you if your use of the Services is considered to be in the role of a consumer and to be for personal, domestic or household use as defined under Australian consumer protection law. 23. Limitations of Liability 1. NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND NEON FIELDS'S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID OR PAYABLE BY NEON FIELDS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM EXCEPT IF: such exclusion is prohibited under your local laws; you are subject to an indemnity or confidentiality obligation to Neon Fields under these Terms; you have breached Neon Fields Intellectual Property Rights and/or proprietary interests related to the Services. 2. To the extent permitted by law, Neon Fields liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the website or the content available through the website is limited to A$100. 3. To the maximum extent permitted by applicable law, in no event (including negligence) will Neon Fields, its officers, directors, members, parents, affiliates, subsidiaries, licensees, assigns, successors, agents, representatives, employees or licensors be liable for any damages whatsoever (including, without limitation, damages arising out of an action under contract, negligence or any other theory and damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, incidental damages, consequential loss, punitive damages, exemplary damages), whether or not Neon Fields knows of the possibility of such damage. 4. Each party that enters into an agreement under these Terms relies on the stated limitations of liability stated and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party has any liability for any Force Majeure Event. 5. If a jurisdiction does not allow such an exclusion or limitation of liability, but allows a limitation of a certain maximum extent then our liability is limited to that extent. 24. Disclaimer 1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Neon Fields is not obliged to notify you of any malfunction in the Services, or if any Service feature is limited, restricted or ceases, nor if any Ad is not being properly displayed or is functioning incorrectly. 2. To the maximum extent permitted by applicable law, Neon Fields disclaims all warranties, either express or implied, including but not limited to: uninterrupted or continuous availability of the Services; and implied warranties of merchantability, fitness for a particular purpose with respect to the Services under these Terms. 3. Although Neon Fields intends to take reasonable steps to protect the integrity and reliability of the Services and despite any step taken, Neon Fields does not warrant that the Services, or any part of those services, or any information or other material accessible through the Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component. 4. Neon Fields reserves the right to investigate, at its own discretion, any activity that it considers may violate these Terms including, but not limited to, the use of any software to access the Services, the Ads in an unauthorised manner or any other activity prohibited under these Terms. 5. Neon Fields may, in its sole and absolute discretion, limit or suspend your use of the Services at any time. Neon Fields will attempt to notify you by email if your use of the Services is suspended. Suspension of your use of the Service will not diminish or affect your rights and obligations that arose under these Terms before or after your suspension. 25. Validity If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 26. No Waiver Neon Fields's failure to act with respect to a breach by you or any third party does not waive Neon Fields's right to act with respect to subsequent or similar breaches. 27. Assignment 1. Neon Fields has the right to assign these Terms in whole or in part to any person or business entity. 2. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Neon Fields. 28. Entire Agreement These Terms constitutes the entire agreement between the parties with respect to this subject matter. 29. Amendment These Terms may only be amended by: written agreement between you and Neon Fields; your online acceptance of amended Terms; your continued use of the Services after the Terms have been amended. 30. Relationship Your relationship with Neon Fields is not a partnership. You and Neon Fields are independent contractors. 31. Governing Law The laws of New South Wales govern any agreement formed under these Terms and the parties irrevocably submit to the jurisdiction of the courts of that State. 32. Definitions “Force Majeure Event” means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside Neon Fields control. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements of those rights, now or later that are in force and effect worldwide.