Terms of service

Terms of Use

Welcome to the Nex website, which is operated and controlled by Nex Level Pty Ltd, ACN 62 650 004 783, and shall be referred to as "Website," "We," "Us," "Our," or "Nexletica" in these Terms of Use. Its consumers, clients, or users may be referred to as "You," or "You." We hereby declare, and you hereby accept, that you are using this website or its services of your own volition and consent. Your continued use of this website will be interpreted as your acceptance of the terms, conditions, notices, and disclaimers included in this page, collectively referred to as Terms of Use or Terms. Your use of the Website and/or access to it signifies your acceptance of the Terms of Use.

If you have any concerns about any of our terms, we recommend that you do not employ our services. We retain the exclusive right to make changes to these terms at any moment, with or without prior notification to you. Although we may or may not notify you of any change, revision, or modification, it is your obligation to examine these Terms of Use on a regular basis. We retain the exclusive right to make changes to these terms at any moment. We urge that you review these terms each time you want to use our sites or services to make sure that you know the terms that are in effect at the moment. We will not be held accountable for any such misunderstanding. We retain the right to update, modify, amend, and change our site at any moment to reflect changes in our products, pricing, descriptions, user demands, and to provide improved products to our various business priorities.

Services Provided:

We cannot guarantee that there will be no disruptions in the usual presentation of our website or any specific content of your choices, and this may cause you to be delayed. We constantly attempt to keep our website up and running to minimise any unwanted downtime. Such an interruption or delay might also be due to security or maintenance concerns. We are not liable for any delays or disruptions to the Webpage. We shall make reasonable and fair efforts to keep delays and interruptions to a minimum. We cannot, however, guarantee that the Site will be constantly available or will be available at any particular moment.

However, we thus notify you and you agree that we will not be accountable in any manner for any damage, expense, loss, or liabilities that may come from our discontinuance of the Service or any delay in providing our services to you.

Intellectual Property Rights:

All content published on this website is our sole property, and you agree to treat it as such, including but not limited to software, design, text, photos, selections, layouts, and graphics. You shall always regard them as our licensed property, which is particularly protected by Australian law and, more broadly, by International Law. Unless you have specific written permission from us, you will not be permitted to use such properties or posted materials for personal advantage or profit.

Without the express written consent of the trade mark owner, your use of the Website does not offer you a licence or serve as a privilege of use of any of the marks or logos featured on the Webpage, whether registered or unregistered. We will keep all rights reserved. We own the copyright to all of the artistic and literary works presented on the Webpage. You can use your web browser to visit the Web or its contents. When browsing the Website, you may only make a short copy of the Internet site using the normal functioning of your browser window.

You are not permitted to:

1. reprint or utilise any of the content on the Web Page for business reasons, including the selling of products or goods;
2. in any manner manipulate or change the website content; or
3. allow any of the Website's content to be linked or incorporated on some other domain.

In conclusion, you must not change, duplicate, copy, reuse, link, transmit to a third party, display, broadcast, or disseminate our uploaded material in any manner unless specifically permitted by us or any of our authorised persons in writing. If you do any of the aforementioned activities, we will not stop to assert our patent rights against you, which may include initiating legal procedures against you in judicial venues. In all such circumstances, you will be fully obligated to indemnify us.

Third Party Links:

The Website may contain references, links, recommendations, and other points to websites controlled by third parties or service providers known as "Linked Websites." We have no affiliation with such connections, nor do we regulate the Linked Websites. As a result, we are not liable for the material of any Linked Website or any reference contained in a Linked Website, including the products displayed on those websites. We provide the hyperlinks solely for your comfort and do not imply, either explicitly or implicitly, our affiliation, association, or support of such Linked Websites or the products and services provided at Linked Websites. You access Linked Websites fully at your own risk, and we strongly advise you to read their guidelines before to use any of their services.

We make no promise, guarantee, or accept responsibility for any part of the Linked Websites or the material provided on such websites. Before making any purchase or employing any of their activities, you should conduct your own research into the appropriateness of the goods and/or services provided to you via a Linked Website.

Disclaimer:

Some laws, such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer rights legislation and rules in other countries, may grant you rights and protections relating to the purchase of goods and services to you by us via the Website that cannot be excluded, limited, or amended (your "Statutory Rights"). Except for your Statutory Rights, we exclude any terms and guarantees implied by convention, law, or legislation.

Except for your Statutory Rights, as stated above, and in relation to the Website, we follow the following rules;

• All material or content on this Website is provided to you "as is," with no express or implied warranties of any kind.
• We expressly disclaim any and all guarantees, including, but not limited to, claims of good quality, standards, suitability, viability, completeness, appropriateness, and fitness for a particular purpose.
• We make no warranties that the features contained in any content on the Website or your access to the Website will be uninterrupted or error-free, that any deficiencies will be corrected, or that the Website or the server that stores and communicates content to you are free of viruses or other malicious elements; and
• We offer no warranty or representation concerning your access to, or the results of your access to, the Webpage, including its correctness, precision, promptness, comprehensiveness, serviceability, or any other.

To the extent permitted by applicable law, include but are not constrained to any action or omission on your part, we will not be responsible for any loss, injury, expenses, or expenditures, whether direct, indirect, incidental, special, and/or consequential, including loss of profits, suffered by you or claims made against you as a result of your use or limited capacity to use or view the Information.

You clearly recognise that we have no power over other online users and that we are not responsible for any harm you may experience as a result of your access, either directly or indirectly. In the event of a violation by one of our users, please notify us, and we will do our best to accommodate such a request as quickly as possible without incurring any obligation.

Indemnification:         

You undertake to indemnify and keep us harmless from and against any and all claims, actions, and suits (whether valid or invalid), losses, damages, costs, expenses, and liabilities of any kind and kind arising out of or linked to the use of this website or any of its provided services/products.

Liability Restrictions:     

To the maximum extent permissible by legislation, our responsibility for breach of any implied warranty or promise provided by us in any manner, or which cannot be avoided by these Terms of Use, is confined to one or more of the following:

When it comes to goods supplied or sold by us:

• the replacement of products or the provision of comparable items;
• the restoration of such items;
• the reimbursement of the expenses of replacing or purchasing comparable products; or
• the settlement of the expenses of repairing the products.

In the context of services, we may direct you to any of the following:

• the re-provisioning of services; or
• reimbursement for the expense of having the services will be provided again.

Privacy Policy:

We acknowledge and accept all of our users' privacy rights, including the information they entrust to us when using our services. We have also placed our privacy policy on our website, which we urge you to read for more information on our privacy terms.

Termination:

We have the exclusive right to terminate our services for any of our users at any time and without prior notice. It is also understood by you that some conditions, such as the Disclaimer, Liability Restrictions, or other terms contained in these Terms of Use, will always exist even after the termination of our services.

Provisions for Miscellaneous or General Purposes:

• We rely on your continuous adherence to the Terms of Service. If we incur damage or loss or incur any expenses as a result of your violation of the Terms of Use or any related legal duty, you agree to reimburse us for all or all of the aforementioned damages, losses, and expenditures.
• We make no guarantees in any manner that the material is appropriate or that it is free to download in all locations, nations, or countries. Access to the website's content may be prohibited for some individuals or in certain jurisdictions. You surf the Website at your own risk and are solely responsible for adhering to the laws of your territory.
• If a Court of Law finds any term of the Terms of Use to be void and unenforceable, such infirmity or invalidation will not impact the remainder of the agreement, which will remain in force at the time without having any effect of such invalidity.
• The rights granted to you in these terms of use are solely to that extent. Unless we specifically state otherwise, no concealed rights are provided to you.
• If we do not act in response to a breach of the Terms of Use by you, we do not renounce our obligations to act in response to future or similar violations by you.

Governing Laws and Jurisdiction:

These Terms of Use are regulated and interpreted in conformity with the laws of New South Wales, Australia. You voluntarily and absolutely consent to the non-exclusive jurisdiction of the N.S.W Courts and Courts of Appeal from them for the resolution of any disagreement relating to these Terms of Use.

Contacting Us:

If you have any concerns about the Terms of Use, please contact us through email at the address provided. We will gladly assist you further.

support@nexletica.com.au