Terms of Service
Last Updated: November 9, 2022
By joining NEOREN as a member, you accept the following terms and conditions (the ‘Terms’). These Terms form the entire agreement between you and NEOREN.
By joining NEOREN, you confirm that you are at least 21 years of age, that you have the necessary legal capacity to enter into legally-binding contracts under applicable law, and where you are contracting on behalf of a company, you are properly authorized to bind the company to these Terms.
1. MEMBERSHIP DESCRIPTION
Membership of NEOREN will include a variety of events, experiences and networking opportunities. Benefits for members may include, but is limited to, discounts, exclusive access and VIP perks with partners and brands.
Events, experiences, opportunities and benefits are subject to change and may be location dependent. Exact availability and scheduling of events are also location dependent.
For the purposes of these Terms, “Member(s)” shall mean the member(s) whose details you included as part of the application process).
All memberships are non-transferable and non-refundable. Membership tokens will be confiscated if found being used for access by anyone other than the applicable Member, and the misuse of membership tokens will be taken into consideration upon any request to renew a membership.
You must enter your payment details via the method suggested by your Membership Manager. By providing your payment details, you accept and consent to your card or bank account being charged with membership fees through our online payment provider, both on joining and periodically thereafter as set out herein. Please see clause 25 below for further information about how your information is collected and used.
You agree to notify NEOREN as soon as reasonably practicable if changes are made to any payment details associated with your NEOREN account by updating the information on the NEOREN Members’ Site.
Membership fees are charged in accordance with the payment plan selected as part of the application process. Membership fees may be subject to an increase at any time.
Any reduction or other discount to the membership fees as compared with the rate set out during the application process is applicable for the set period which has been agreed with the Membership Manager, after which the rate will revert back to the then current rate.
Unless otherwise agreed by the Membership Manager, membership fees are payable in advance and will be charged on a recurring basis under the terms agreed upon between the Member and the Membership Manager.
Failure to pay any membership fees within 5 days of you being notified of the overdue payment will result in late fees being applied. NEOREN reserves the right to charge interest on any overdue amount at a rate of 6% per annum. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. Continued payment delinquency will result in suspension of your NEOREN membership until payment has been made, with potential membership termination.
3. MEMBERSHIP COMMENCEMENT
A membership is only considered confirmed once these Terms have been accepted, security deposit (where applicable), identification documents and all payment details have been received and verified. Acceptance of your membership will be confirmed to you by email or via phone, together with confirmation of the date selected by you during the application process as the date on which your membership will commence (your ‘start date’).
You are entitled to cancel your membership prior to your membership start date if notice of cancellation is received by the date which is fourteen (14) days prior to your membership renewal date (‘cancellation date’), in which case you will be entitled to a full refund of any sums paid by you to secure your membership. If notice to cancel is received after the cancellation date (but before your start date), you will be entitled to a 50% refund of any sums you have paid.
4. MEMBERSHIP TERM, RENEWAL AND TERMINATION
Membership renews on the schedule agreed upon at the time of initiation, reflected by the payment schedule initiated in the payment processor.
Membership will renew automatically if the Member does not cancel in compliance with the process highlighted in the following paragraph. NEOREN reserves the right to cease renewal of Membership at any time at its sole discretion.
In order to terminate your membership, you need to send an email to email@example.com with your cancellation request at least 7 business days prior to your renewal date. In addition to being able to terminate your membership in accordance with the notice periods set out above, NEOREN reserves the right to terminate your membership immediately at its sole discretion.
Members must rectify any damage caused to NEOREN property or the property of its partners and affiliates and may be charged the costs incurred by NEOREN to make good any damage.
5. RELEASE OF CONTENT AND IMAGE
Many of the NEOREN events are recorded and each member agrees to be filmed, recorded, and photographed. All content will be owned and used at the full discretion of NEOREN. If a member brings guests, the member is responsible for notifying their guest(s) of this policy as the guest is subject to the same policy.
6. GUESTS AT NEOREN
Each Member is allowed to bring guests to selected events each year with varying terms based on the details of the event, and each guest can be invited to a total one (1) event before they must become a member to participate in additional NEOREN and affiliated events.
All guests must be signed in at NEOREN’ reception upon arrival and members are responsible for receiving their guests during an event. Members must provide the names and contact information of their guests to NEOREN. Due to frequent over-subscription, all participants including members and guests are first come first serve.
Members are entirely responsible for their guests whilst within NEOREN, and for their behavior and conduct, which should at all times comply with these Terms.
Members are also responsible for making their guests aware of all applicable safety procedures as well as these Terms.
Unless approved in advance by the Membership Manager of the applicable NEOREN location, children are not permitted within NEOREN and our premises are not child safe.
No dogs or other pets shall be permitted at any NEOREN location unless this is specifically permitted by the Membership Manager. To the extent dogs or other pets are permitted, owners are asked to be considerate of those around them and are entirely responsible for their dog’s behavior and any damage or injury to NEOREN or other members or visitors or their property caused by them whilst on the premises. You may be required to produce proof of vaccination for any permitted dog or pet and evidence of compliance with applicable local regulations. Even where dogs or other pets are permitted, we reserve the right to restrict any Member’s right to bring a dog or pet into the premises in our sole discretion. Notwithstanding the above, service animals will be permitted at the premises as required in accordance with local law.
7. TECHNOLOGY & SUPPORT
Access to the NEOREN networks and public internet is provided for Members and guests, the use of which must be made in accordance with applicable laws and any NEOREN usage policies, and must not be used for any activity which is considered by NEOREN to be illegal, immoral or have a detrimental effect on other members or guests. Such access is subject to reasonable and fair usage by Members and guests in the absolute discretion of NEOREN. Members and guests may request network bursting capabilities to accommodate the transfer and/or management of large files, at an additional charge (and prior notice is required to enable this service to be set up for any Member or guests).
Access to the NEOREN Members’ Site is offered free of charge to all Members. The NEOREN Members’ Site is designed to help NEOREN manage membership and use of the NEOREN Members’ Site shall be subject to your acceptance of the NEOREN Members’ Site acceptable use policy (which you will be invited to accept upon using the NEOREN Members’ Site for the first time and again each time you use the NEOREN Members’ Site where there is a change to that policy).
The premises – and the spaces within it – are not to be used as public retail facilities.
Members are responsible for their possessions at all times within the premises. NEOREN’ insurance does not cover or include loss, damage or theft of Members’ possessions. Members’ who leave possessions unattended at any time on the premises do so at their own risk.
NEOREN accepts no responsibility or liability for loss or damage to property brought into the premises. This is not intended to affect any mandatory rights you have under local law that cannot be legally restricted or excluded.
10. HEALTH & SAFETY
NEOREN will comply with its legal obligations in respect of the wellbeing and safety of all those within the premises.
Members should not do anything that compromises their own safety or that of others whilst within the premises.
11. LIABILITY OF NEOREN
By agreeing to these terms, each member and their guests waives their right to hold NEOREN liable for death or personal injury caused by its negligence (or that of its employees or agents) or fraud or fraudulent misrepresentation.
Subject to the above, in no circumstances will NEOREN be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) to Members for any loss of profits, loss of production, loss of or corruption to data, loss of or corruption to software, loss of business, loss of revenue, loss of operation time, loss of goodwill or reputation or loss of opportunity, in each case whether direct or indirect, suffered by you or any claim by third parties made against you.
NEOREN’ total liability to an individual Member (or team where applicable) or any guest whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms shall not exceed the charges paid by such Member or team under the Terms in the 12 months prior to the first event or occurrence giving rise to the liability.
NEOREN is not liable for any financial loss suffered by its members, guests, or their affiliates. Members are entirely responsible to make their own financial decisions and agree to accept the consequences of their decisions without holding NEOREN liable. We encourage members to maintain caution in any business dealings sourced through NEOREN and its affiliates and by agreeing to these terms, members agree to not hold NEOREN liable for any financial loss.
We encourage you to refer individuals to NEOREN. Should you do so, you consent to the referred individual sharing your name and email address with NEOREN in order for NEOREN to confirm the referral. Additionally, the referred member must use the existing member’s unique referral link to earn a referral fee. Each successful referral grants the referring member a one-time bonus, calculated at 10% of the new member’s first payment. There is no limit to how many referrals a member can earn.
13. YOUR OBLIGATIONS
NEOREN is not responsible for the actions of Members and shall have no responsibility with regard to, or obligation to participate in or mediate, any dispute between Members.
Members are responsible for the actions of and damage caused by any guests they invite to any NEOREN premises.
You agree to release, indemnify and keep indemnified NEOREN and its affiliates from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by NEOREN to the extent arising out of or in connection with your, or your guests’, failure to comply with these Terms, or your use of any NEOREN premises and your membership.
Members shall only be entitled to explore the areas permitted based on the event at the NEOREN property and is only allowed to take photographs and film within the permitted premises.
Members must not use, copy or reproduce the NEOREN name, logo, colors, trademark or other identifying features without obtaining the prior written consent of NEOREN or the Membership Manager.
Members may not alter any part of the physical space, furniture, or equipment.
Members nor their guest or invitees shall do anything at or from the premises which is illegal, unlawful, immoral, unsafe or dangerous.
NEOREN is a non-alcohol environment. Apart from designated outside spaces, the use of vapes and e-cigarettes is also not permitted at any NEOREN in-door premises.
These Terms may be amended at any time. The current Terms can be found via the website.
14.2 FORCE MAJEURE
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms (with the exception of any obligations on a Member’s part to pay any sum due under the Terms) if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that the affected party shall use its reasonable endeavors to resume normal performance.
The failure by a party to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies nor shall it preclude or restrict the further exercise of that right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any provision of these Terms (or part of any provision) shall be found by any court or competent authority to be invalid or unenforceable, that provision or part- provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of these Terms shall not be affected.
NEOREN may at any time assign, transfer, charge, subcontract, delegate or deal in any other manner with any or all of its rights and obligations under these Terms.
Members are not permitted to assign, transfer, charge, subcontract, or deal in any other manner with any of its rights and obligations under these Terms.
15. GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER
15.1 GOVERNING LAW
Where a Member entering into these Terms is organized or incorporated in the United States of America, the laws of the State of California and the United States of America shall apply to these Terms without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
15.2 ARBITRATION & VENUE
With the exception that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these Terms, or at law, or the breach, termination or invalidity of these Terms that cannot be settled by agreement of the parties shall be finally settled, as follows:
Where a Member that has entered into these Terms is organized or incorporated in the United States of America, the Member agrees to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of these Terms. Arbitration shall be before JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The arbitration will be an individual arbitration and shall in no event be commenced as a representative or class arbitration. The place of arbitration shall be California, United States of America.
EACH MEMBER AGREES THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THESE TERMS.
15.3 PROCEEDINGS; JUDGMENT
The proceedings shall be confidential and in English, the award rendered final, and judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable legal fees and other fees, costs and expenses in connection with the action, suit or proceeding, as well as any appeal or petition, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. These Terms shall be interpreted and construed in the English language.
15.4 CLASS ACTION WAIVER
Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither any Member nor NEOREN will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. The parties agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person’s account, if NEOREN are a party to the proceeding. The Members agree to giving up their right to participate as a class representative or class member on any class claim against NEOREN including any right to class arbitration or any consolidation of individual arbitrations.
Except as described below, the term “Dispute” as used herein means any dispute, claim, or controversy between a Member and NEOREN regarding any aspect of your relationship with NEOREN, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration provision and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.