Terms & Conditions

This website (the ‘Website’) is provided by Nexty Pty Ltd, a company registered in Australia under Australian Business Number (ABN) 26 165 893 649 and whose registered office is at Ground Floor, 105 Reservoir Street Surry Hills NSW 2010 Australia. By accessing, browsing or otherwise using this Website you agree to these Terms and Conditions. You should read these Terms and Conditions carefully and should check them for any changes on return visits to the Website. Your continued use of the Website following any changes to the Terms and Conditions indicates that you accept any changes.

If you have any questions concerning these Terms and Conditions or the Website please write to Nexty at the postal address above or contact us by e-mail using the following address: [email protected]. All rights not expressly granted in these terms and conditions are expressly reserved by Nexty Pty Ltd.

Ownership and Use of the Website

Copyright © Nexty Pty Ltd. The copyright and all other intellectual property rights in the Website and all content displayed on or accessible from the Website (“Content”) is owned by or licensed to Nexty Pty Ltd and protected by the copyright laws of Australia, international copyright treaties and all other applicable copyright and intellectual property laws.

You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to access, browse and use the Website and the Content only

(i) for your own personal and non-commercial use and otherwise,

(ii) to the extent necessary for Nexty Pty Ltd clients and potential clients to receive and/or evaluate services offered by Nexty Pty Ltd.

We may revoke your right to use this Website at any time in our sole discretion.

You may not access, copy, download, rip, distribute, modify, republish, broadcast, embed into any other website, communicate to the public, or otherwise use, deal with or exploit any part of the Website or Content without the prior written consent of Nexty Pty Ltd except as expressly permitted by these Terms and Conditions.

You must use the Website and Content only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Website and Content. You agree that you will not remove or modify any copyright, other proprietary notices or trademarks which appear on the Website or the Content.

Liability for Content

Nexty Pty Ltd tries to ensure that the Content is correct but accepts no liability for any errors or omissions. The Content should not be relied on and Nexty Pty Ltd accepts no liability for such reliance.

Exclusion of Warranties

To the fullest extent permitted by applicable law Nexty Pty Ltd excludes all warranties, representations or understandings whatsoever (whether express or implied) in relation to the Website and the Content, specifically including but not limited to, any warranty or representation that the Website and the Content are free from computer viruses, errors and omissions and do not infringe any third parties’ rights.

Exclusion of liability

Nexty Pty Ltd shall not be liable for any direct or indirect, special, incidental or consequential loss or damage whatsoever nor for any loss of profits, revenue, contracts, data, goodwill, work stoppage and computer failure resulting from the use of or inability to use, interruption or availability of this website, its operation or transmission, computer viruses, loss of data or otherwise in respect of the use of the website and howsoever caused even if Nexty Pty Ltd shall have been advised of the possibility of such damages.

Indemnity

You agree to use “nexty.com.au” and “nexty.net.au” (the Website) only for lawful purposes and in a way that does not infringe your local laws and regulations, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behaviour includes but is not limited to transmitting obscene or offensive content or other information prohibited by your local laws and regulations or laws of other jurisdictions and disrupting the normal flow of dialogue within “nexty.com.au” and “nexty.net.au”. You agree to indemnify and hold harmless Nexty Pty Ltd against all losses, claims or damages arising directly or indirectly from your illegal, improper use or unauthorised use of the Website or any Content

Trademarks

Nexty Pty Ltd owns the rights in and to the “nexty.com.au” and “nexty.net.au” domain names. Other trademarks, products, services and company names mentioned on the Website or in Content may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

Links

By virtue of hypertext or other computer links you may be able to access other website pages on the Internet which are not part of Nexty’s website content. Nexty Pty Ltd is not responsible for nor assumes any liability for the contents of other websites which are linked to Nexty Pty Ltd’s website. Nexty Pty Ltd shall have no liability in respect of material linked to Nexty Pty Ltd’s website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable regulations as may be from time to time in force. The provision by Nexty Pty Ltd of a link to another website does not constitute authorisation by Nexty Pty Ltd to you to access materials held at that location, nor is it evidence of any endorsement by Nexty Pty Ltd of the material held there. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.

For your own personal, non-commercial purposes, you may establish a link to our Website or any of the Content, provided that in doing so you do not damage or take advantage of our reputation or act illegally. In linking to our Website you must not imply that there is any association, approval or endorsement on the part of Nexty Pty Ltd where none exists. The Website must not be framed on any other site. Nexty Pty Ltd reserves the right to withdraw linking permission without notice.

Use of Your Personal Data

The collection and use of personal information is governed by our Privacy Policy.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. In the case, at our discretion, we may amend that provision in such reasonable manner as achieves the intention of the parties without illegality.

Further Assurances

You agree that you will do any all acts and things, and execute any and all documents, that we may reasonably request in order to carry out the intended provisions of these Terms and Conditions.

Governing Law & Disputes: You irrevocably agree that the courts of Australia shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to the terms and conditions, the Website or the Content and that the laws of Australia shall govern such controversy or claim. You are responsible for compliance with any applicable laws of the country from which you are accessing this website.

Contact

If you have any questions about this policy please contact: [email protected]

These terms are effective and were last updated on March, 2020.