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Maintenance Agreement Terms and Conditions

NEXGEN AUSTRALIA agrees to provide and the Customer agrees to accept maintenance service provided by NEXGEN AUSTRALIA for the equipment (“the Equipment”) described in the “Equipment Schedule” annexed hereto.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions: In this Agreement unless otherwise indicated by the context or subject matter the following terms have the following meanings:
a. Commencement Date” means the date of execution of the Agreement by NEXGEN AUSTRALIA as inserted in the Schedule;
b. “Equipment” means the equipment described in the Equipment Schedule;
c. “Maintenance Period” means the working day period during which maintenance service will be provided being between 8.30am and 5.00pm Monday to Friday inclusive but excluding Public Holidays observed at the Site where the Equipment is installed.
d. “Response Time” means the period of time elapsing between when a fault is logged with NEXGEN AUSTRALIA’s Customer Service Centre and the commencement of remote diagnosis or contact by our technical support staff to perform over the phone diagnostics or arrange the dispatch of a field technician, at the discretion of NEXGEN AUSTRALIA;
e. “Site” means the location of the Equipment as specified in the Schedule;
f. “Term” means the Term of this Agreement as specified in the Schedule.
g. Major Failure – The hardware is completely inoperative; all handsets cannot place or receive calls. This does not relate to a line or internet fault(s). It also excludes power outages.
h. Minor Failure – All other issues are defined as Minor Failures.

1.2 Interpretation:
a. In this agreement except to the extent that the context otherwise requires:
b. Words importing the singular include the plural and vice versa and words importing a gender include other genders;
c. Where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings;
d. Paragraph headings are for reference purposes only and shall not affect the interpretation of this Agreement.

2. TERM OF AGREEMENT

a. This Agreement comes into effect on the receipt of the signed and accepted Maintenance Agreement, or once the equipment listed in the equipment schedule is installed.
b. The minimum term of this Agreement is 12 months. The minimum 12 months will commence after any promotional free periods have expired.
c. At the expiration of the term this Agreement will, unless written notice of termination is given by one party to the other, continue subject to the terms and conditions contained herein for further successive terms of monthly intervals until terminated by either party giving to the other, 30 days prior written notice of its intention and desire to terminate the Agreement.

3. MAINTENANCE SERVICE

3.1 Subject to, and in consideration for, payment of the maintenance charge specified in Clause 5 hereof, NEXGEN AUSTRALIA shall, during the Maintenance Period, perform the maintenance service outlined in clause 3.2.
3.2 NEXGEN AUSTRALIA will provide maintenance service only for the equipment listed in the Equipment Schedule. NEXGEN AUSTRALIA’s minimum maintenance service pursuant to this Agreement is as follows:
3.3 NEXGEN AUSTRALIA shall supply parts, materials and service necessary to maintain the Equipment according to its specifications;
3.4 NEXGEN AUSTRALIA shall dispatch service personnel to the Site to perform any necessary repairs to allow the Service personnel to arrive at the site within the Response Time, unless NEXGEN AUSTRALIA is able to perform the repairs by remote access.

4. NEXGEN AUSTRALIA’s maintenance service does not include the following items:

a. Services connected with relocation of the Equipment, the addition or removal of accessories, attachments and other devices;
b. Repair of any equipment not specified in the Schedule;
c. Repair or replacement of any battery backup associated with the Equipment;
d. Repair of any malfunction or damage whatsoever caused, in NEXGEN AUSTRALIA’s opinion, by incorrect operation or installation of the Equipment or from the Customer’s (or its servants or agents) misuse of the Equipment or failure to observe and operate the Equipment in accordance with the Manufacturers published written instructions, or by the customer’s failure to perform its obligations pursuant to Clause 6 hereof.
e. Repair of any malfunction or damage whatsoever caused to the Equipment by war, fire, flood or any Act of God.
f. Repair of any part which has become worn due to other than fair wear and tear.
g. Taking responsibility for lines or network terminations on the Equipment, as this is your network provider’s responsibility.
h. Internal cabling is not included as part of the maintenance agreement.
i. Recording/Call Accounting/Desktop software packages as well as servers.
j. Maintenance of your internal data network including routers, Internet connections, switches and patch panels/ leads.
k. Any form of headset/lifter, Tone ringer, Loudspeaker, Amplifier.
l. Travel and expenses where on-site support is required at a Site located more than 50km from our point-of-presence, which are payable by you as extra charges.

5. FEES:

5.1 In consideration for the maintenance service provided hereunder the Customer shall pay to NEXGEN AUSTRALIA the maintenance fee specified in the Schedule and as varied from time to time, in advance, on an annual/monthly basis as specified in the Schedule.
5.2 The customer agrees to pay NEXGEN AUSTRALIA the additional fees as specified in the Schedule and as varied from time to time, for any maintenance service provided by NEXGEN AUSTRALIA at the customer’s request outside the Maintenance Period.
5.3 On the Commencement Date the customer will be invoiced with the annual OR monthly fee – Monthly fees will be charged to your NEXGEN AUSTRALIA phone account.
5.4 All fees payable to NEXGEN AUSTRALIA by the Customer pursuant to this Agreement shall be paid within 14 days of the date of NEXGEN AUSTRALIA’s invoice. If the Customer defaults in payment by the due date, NEXGEN AUSTRALIA shall, in addition to any other right NEXGEN AUSTRALIA may have at law or in equity, have the right to suspend its obligations to provide maintenance service pursuant to this Agreement. NEXGEN AUSTRALIA will also be entitled to charge late payment fees up to $35 Plus GST.
5.5 The Customer acknowledges that NEXGEN AUSTRALIA shall be entitled to vary the fees for maintenance service by giving the Customer 30 days prior written notice of the proposed increase, which then the increase will apply from the next due date for payment of the annual or monthly charge.
5.6 NEXGEN AUSTRALIA will charge, and the Customer agrees to pay, travel and living expenses for maintenance service carried out on Equipment installed at a Site more than 50 kilometers from the nearest State Capital GPO or the nearest NEXGEN AUSTRALIA Customer Service Centre, in accordance with an accepted quote.
5.7 Any other costs, charges or fees payable to NEXGEN AUSTRALIA by the Consumer pursuant to this Agreement shall be invoiced by NEXGEN AUSTRALIA to the Customer and the Customer shall pay within 14 days of the date of the invoice.
5.8 The obligations of the Customer pursuant to this Clause 5 which arise prior to the date of termination shall remain in full force and effect after the termination of this Agreement and shall not be deemed to have been waived, merged or extinguished upon such termination.

6. CUSTOMER’S RESPONSIBILITIES

During the Agreement the Customer shall:
a. Allow NEXGEN AUSTRALIA, its servants and agents, full, free and safe access to the Equipment and all relevant documentation to permit NEXGEN AUSTRALIA to fulfil its obligations pursuant to this Agreement.
b. Immediately notify NEXGEN AUSTRALIA of any malfunction of the Equipment.
c. Operate the Equipment in the manner for which it is designed and maintain, to the best of its ability, the appropriate operational conditions as specified by the Manufacturer for the Equipment.
d. Provide adequate onsite facilities and assistance to enable NEXGEN AUSTRALIA to fulfil its obligations pursuant to this Agreement.
e. Not without prior written consent of NEXGEN AUSTRALIA allow any adjustments, modifications, alterations, repairs or servicing to the Equipment to be carried out by persons other than authorized NEXGEN AUSTRALIA personnel.
f. Not, without the prior written consent of NEXGEN AUSTRALIA, move, alter, modify, add to, detach from or attach to the Equipment any other items. The Customer acknowledges that if NEXGEN AUSTRALIA’s consent is given pursuant to this sub-clause, NEXGEN AUSTRALIA is entitled to revise the maintenance fee as a prerequisite of giving its consent.

7. TERMINATION

7.1 The customer may terminate this agreement with 30 days written notice. Termination fees will apply if the agreement is still within its minimum term. Termination fees are calculated as remaining months of the contract multiplied by the minimum monthly charge. E.g If there is 5 months remaining on the current agreement and the monthly charge is $80, then a termination fee of $80 x 5 = $400 Plus GST will be charged.
7.2 NEXGEN AUSTRALIA may terminate this Agreement at any time upon giving the Customer 30 days written notice.

8. CUSTOMERS WARRANTY

8.1 The Customer warrants that as at the Commencement Date the Equipment described in the Schedule is in good working condition and fully operational.

9. NEXGEN AUSTRALIAS WARRANTY

9.1 NEXGEN AUSTRALIA warrants that it will perform its obligations pursuant to this Agreement in a proper and workmanlike manner to a standard acceptable within the telecommunications industry.

10. LIABILITY OF NEXGEN AUSTRALIA

10.1 NEXGEN AUSTRALIA shall not be liable to the Customer for any loss, damage or expense suffered by the Customer or any failure or delay which is occasioned by any cause beyond NEXGEN AUSTRALIA’s reasonable control. Such causes include but not limited to a; wars, fires, floods, strikes, lock outs, delays in transport, breakdowns in machinery, restrictions or prohibitions by any Government or semi-Government authorities or embargos.
10.2 NEXGEN AUSTRALIA shall be liable for, and shall indemnify the Customer against any legal liability, loss, claim or proceeding in respect of direct physical injury or direct physical damage to persons or property to the extent that such injury or damage is due to the negligence of NEXGEN AUSTRALIA, its servants or agents
10.3 Except as expressly provided to the contrary in this Agreement, all terms, conditions, warranties, undertakings, inducement or representations whether express, implied, statutory or otherwise relating in any way to this Agreement are excluded. Without limiting the generality of the preceding sentence, NEXGEN AUSTRALIA shall not be under any liability to the Customer in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred, or which may arise directly or indirectly, in respect of the failure or omission on the part of NEXGEN AUSTRALIA to comply with its obligations under this Agreement.
10.4 Where any Act of Parliament implies in this Agreement any term, condition or warranty and such Act avoids or prohibits provisions in an agreement excluding or modifying the application of, or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this Agreement. However,
the liability of NEXGEN AUSTRALIA for any breach of such term, condition or warranty shall be limited, at the option of NEXGEN AUSTRALIA to any one or more of the following: If the breach relates to goods supplied: a) The replacement of the goods; or b) The supply of equivalent goods; or c) Payment of the cost of replacing such goods; or d) Payment of the cost of acquiring equivalent goods; or e) The repair of the goods; or f) Payment of the cost of having the goods repaired. If the breach relates to services supplied: a) The supplying of such services again; or b) The payment of the cost of having such services supplied again.

11. ASSIGNMENT

11.1 The Customer shall not assign, transfer or otherwise dispose of its rights or obligations under this Agreement to any other person, firm or company other than with the prior written consent of NEXGEN AUSTRALIA.

12. WAIVER

12.1 Any failure by NEXGEN AUSTRALIA to require strict performance by the Customer or any waiver by NEXGEN AUSTRALIA of any provision herein shall not be construed as a consent or waiver of any other breach of the same or of any other provision.

13. SEVERABILITY

13.1 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, but is capable of being read down, it shall be read down to the extent necessary to render it binding and enforceable. If it is not capable of being so read down then such word or words or if required, the whole provision shall thereupon be severed and the remainder of this Agreement shall otherwise remain in full force and effect.

14. ENTIRE AGREEMENT

14.1 This Agreement and the Schedule incorporated herein constitutes the whole of the Agreement and understanding between NEXGEN AUSTRALIA and the Customer. Any additions or modifications hereto shall be made in writing and shall only be effective if signed by the duly authorized signatories of the parties.

15. GOVERNING LAW

15.1 This Agreement is to be governed by, and construed in accordance with the laws of the State of NSW, QLD, VIC, WA, SA and NT.

16. Maintenance Coverage time frames:

Standard Business Maintenance 8:30am to 5:00pm, Monday to Friday excl. Public Holidays
Response time:
Major Failure: 2-4 business hours.
Minor Failure: 8-16 Business hours

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Terms Of Use

Your access to the Nexgen website at https://www.nexgen.com.au is your acceptance of these Terms and Conditions and your access and use of the website is subject to these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website. In these Terms and Conditions, capitalised words have special meanings. These special meanings are set out in the “General” section of this document.

Disclaimer of Liability – General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Website or a Linked Website or the failure to provide this Website.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Disclaimer of Liability – Specific Warnings and Disclaimers

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time, change or add to this Website (including these Terms and Conditions and privacy policy) or information, products or services without notice and your continued use of the Website will constitute acceptance of the variation. However, we do not undertake to keep this Website or these Terms and Conditions updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

To the extent permitted by applicable law, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Website, is limited to providing access to the Website.

You may not use the Website to collect or harvest Personal Information, including Internet addresses, about other users. You must comply with our Acceptable Use Policy available on the Website.

You must abide by any Terms and Conditions posted on the Website. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected to, the use of the Website by you.

Charges

You are responsible for the costs of all Internet access and telecommunications charges incurred when using the Website and accept that your use of the Website is your responsibility and is at your own risk entirely.

Nexgen operates secure servers to minimise the risk of unauthorised use of credit card information but unauthorised credit card use is at your risk.

Copyright

This Website, including without limitation, documents, information, programs and designs is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:

1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or

2. commercialise any information, products or services obtained from any part of this Website, without our written permission.

Google Online Advertising

Nexgen use the Google AdWords Remarketing service which advertises across the internet to previous visitors to our website.

Google AdWords Remarketing displays relevant advertising content based on which sections of the Nexgen website you have visited. This is done by placing a cookie on your machine. A cookie is a small file sent to your browser from a web server to be stored on your computer. Cookies do not allow access to your computer or any data / files contained in your computer. It will not identify you in any way. Google Adwords Remarketing allow us to tailor our advertising and marketing content so it is relevant and suits your needs.

Any data collected as part of our use of Google Adwords Remarketing will be in accordance with Arrow’s privacy policy and Google’s privacy policy.

If you do not wish to be a part of our Google AdWords Remarketing, you can opt out by visiting Google Ads Preference Manager:

https://www.google.com/settings/ads

Then go to the “opt-out settings” where you can opt out of all interest based ads on Google and across the web.

Trade Marks

Intellectual Property in all materials, documents, information, data, images, logos and trade marks that we provide you or which are contained on the Website are owned or licensed to us and all rights are reserved.

Other product and company names mentioned in this Website may be the trade marks of other people or entities.

If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

Linked Websites

This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We do not make any representation as to the accuracy or sustainability of any of the information contained on those other sites, and do not accept any responsibility or liability for the conduct or content of those other sites.

Links to those Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Other Websites.

Unless stated otherwise on this Website, we have:

1. no relationship with the owners or operators of those Linked Websites; and

2. no control over or rights in those Linked Websites.

Personal Information

When transacting with you we may ask you for personal details such as your name, address and email address so that we can accurately identify who is using our services. By accessing the Website you consent to us sending you commercial electronic messages. If you do not want us to send you commercial electronic messages you may ask us not to by sending a blank email to [email protected]

Cookies

“Cookies” are a standard for storing small pieces of data on a web client (ie. the web browser on your computer). Any Web server (including this one) may:

1. store one or more cookies in your browser; or

2. request your browser to transmit the data to the Web server.

This Website may store cookies on your Web client in order to better serve you upon your subsequent visits to this Website.

By using cookies, Websites can track information about visitors’ usage of the site, provide customised content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.

Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. Please refer to the documentation and help screens for your web browser.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information or content which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

General

In these Terms and Conditions:

1. “Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to any copyright, trade mark, domain name, business name, design, patent, circuit layout, semi-conductor or other similar proprietary rights and licenses and sub-licenses of such rights (irrespective of whether or not such rights are registered, or formal or informal); trade secrets, technical or non-technical data, knowledge, information or documentation; secret or confidential operations or information; business systems, business methods or business plans (whether registered, formal, informal or otherwise); customer lists, supplier lists and other proprietary lists, names, addresses or information not generally known; techniques, diagrams, data, proofs, prints, particulars, inventions and prototypes.

2. “Linked Websites” means Websites of people other than NexGen which are hyperlinked from this Website.

3. “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.

4. “Personal Information” means any information from which your identity is apparent or can be reasonably ascertained as defined in the Privacy Act 1988 (Cth).

5. This “Website” means the whole or any part of the web pages located at https://www.nexgen.com.au (including the layout of this Website; individual elements of the Website design; underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website).

6. “We” and “us” refer to Nexgen Australia Group Pty Ltd trading Nexgen Australiaas and “our” has a similar meaning.

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions or this Website.

Nothing contained in these Terms and Conditions derogates from Nexgen’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Nexgen with respect to that use.

Nexgen Master Security License Certificate Number is 410 295 251, ID Number 108 216 452 Nexgen is a member of ASIAL.

Privacy Policy

  • 1. About this Document
    • 1.1 This document (“Privacy Policy”) sets out the policy of Nexgen Investment Group Pty Ltd Trading As Nexgen Australia – ABN 88 606 251 503 in respect of the treatment of your Personal Information or your affairs or personal particulars.
  • 2. Interaction with Telecommunications Act 1997 (Cth)
    • 2.1 Nexgen is a Carriage Service Provider and is subject to obligations set out in the Telecommunications Act 1997 (Cth)
    • 2.2 To the extent that any of your Personal Information is also information of the kind referred to section 276 of the Telecommunications Act 1997 (Cth) (in particular, information that relates to your affairs or personal particulars) Nexgen will not use or disclose that information unless permitted by the Telecommunications Act 1997 (Cth) and the Privacy Act 1988 (Cth).
  • 3. Dictionary
    • 3.1 To assist in the understanding of this Privacy Policy, the following capitalized words in this Privacy Policy have the following meanings:
      Carriage Services has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Carriage Service Provider has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      Related Body Corporate has the meaning given to that term in the Privacy Act 1988 (Cth).
      Sensitive Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      and includes information as to race, political opinion, religious believes, sexual preferences and membership of a professional or trade association.
  • 4. Collection
    • 4.1 1 Nexgen will collect Personal Information from you if that Personal Information is necessary for one or more of Nexgen’s functions or activities.
    • 4.2 Personal Information is predominantly collected so that Nexgen can supply Carriage Services to you (or contact you in respect of a proposed supply of Carriage Services) and perform ancillary and incidental functions. This includes:
      • customer service;
      • complaints handling;
      • billing; and
      • promoting our special offers as well as offers from our Related Bodies Corporate, suppliers and/or affiliated third parties.
    • 4.3 Nexgen may collect Personal Information using several different methods. For example, Personal Information may be collected by Nexgen:
      • directly from you by telephone, email or by completing a form (e.g. Nexgen may be provided with Personal Information on a customer application form, during contractual negotiations, during voice verification etc.); or
      • from third parties such as our Related Bodies Corporate, credit reporting agencies or your representatives; or
      • from information in the public domain – however if it is reasonable and practicable to do so, we will only collected Personal Information about you directly from you.
    • 4.4 Nexgen will take reasonable steps to ensure that you are aware at the time of collection (if practicable):
      • that Nexgen is collecting the Personal Information and as to how to contact Nexgen (if this is not obvious to you);
      • that you may gain access to the Personal Information (see paragraph 9 below);
      • the purpose for which the Personal Information is collected (this may be referring you to this Privacy Policy); done by
      • of the organisations (or types of organisations) to which Nexgen usually discloses Personal Information (this may be done by referring you to this Privacy Policy);
      • of any law that requires the Personal Information to be collected (for example, for compliance with the laws relating to the Integrated Public Number Database); and
      • of the consequences (if any) of Nexgen not collecting the Personal Information (typically, this will be an inability to supply Carriage Services to you).
    • 4.5 If it is not practicable for Nexgen to take reasonable steps to ma e you aware of the matters set out in paragraph 4.4 at the time of collection, Nexgen will do so as soon as practicable after collection.
  • 5. Use and Disclosure
    • 5.1 Nexgen will generally only use Personal Information for the primary purpose for which it was collected (for example, Personal Information set out in a customer application form is collected for Nexgen). the primary purpose of facilitating the supply of Carriage Services by
    • 5.2 However, Nexgen may use or disclose Personal Information for a secondary purpose in the following circumstances:
      Reasonable Expectation
    • 5.3 Nexgen may use or disclose Personal Information for a secondary purpose if:
      • the secondary purpose is related to (or if the Personal Information is Information, directly related to) the primary purpose of collection; and Sensitive
      • you would reasonably expect Nexgen use or disclose the Personal Information for that purpose.
    • 5.4 For example, Nexgen considers that if you are a customer, you would reasonably expect Nexgen to disclose or use your Personal Information to:
      • its printing and mailing house to print and dispatch correspondence and communications to you or
      • notify the customer of special offers or promotions from Nexgen, its Related Bodies Corporate, suppliers and/or affiliated third parties; or
      • ask you to participate in a customer satisfaction survey; or
      • to its dealers, sub-contractors and agents to enable them to perform certain functions on behalf of Nexgen.
  • Consent
    • 5.5 5 Nexgen may use or disclose Personal Information for a secondary purpose if you provide your express consent or consent can be implied.
    • 5.6 Nexgen may seek your consent on an application form for services, during the voice contracting stage of your application or in some other way.
  • Direct Marketing
    • 5.7 Nexgen may use or disclose Personal Information for the secondary purpose of direct marketing.
    • 5.8 Unless paragraphs 5.3 to 5.6 allow Nexgen to otherwise use Personal Information for direct marketing, Nexgen will only use Personal Information for direct marketing to you if:
      • it is not Sensitive Information;
      • it is impracticable for Nexgen to seek your consent before that particular use;
      • Nexgen will not charge you for giving effect to a request by you to not receive direct marketing communications;
      • you have not made a request to Nexgen not to receive direct marketing communications;
      • in each direct marketing communication with you, Nexgen draws to your attention, or prominently displays a notice, that you may express a wish not to receive any further direct marketing communications; and
      • each written direct marketing communication by Nexgen with you sets out Nexgen’s business address and telephone number and, if the communication is made by fax, telex or other electronic means, a number or address at which Nexgen can be directly contacted electronically.
    • 5.9 To avoid doubt, Nexgen will also comply with the Spam Act 2001 (Cth) and Do Not Call Register Act 2006 (Cth) in circumstances of direct marketing to you.
  • Life, Health and Safety
    • 5.10 Nexgen may use or disclose Personal Information if Nexgen reasonably believes that it is necessary to lessen or prevent:
      • a serious and imminent threat to an individual’s life, health or safety; or
      • a serious threat to public health or public safety.
  • Unlawful Activity
    • 5.11 Nexgen may use or disclose Personal Information if Nexgen has reason to suspect that unlawful activity has been, is being, or may be engaged in. However, Nexgen’s use or disclosure will be limited to that which is a necessary part of Nexgen’s investigation into the matter or in reporting Nexgen’s concerns to relevant persons or authorities.
  • Permitted by Law
    • 5.12 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to:
      • a law enforcement request;
      • ccourt order or subpoena; or
      • its interception obligations.
  • Disclosure to Enforcement Body
    • 5.13 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to an enforcement body (for example, the Australian Federal Police, ASIC, ACCC, police force etc.) if Nexgen believes that it is reasonably necessary for:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      • the enforcement of laws relating to the confiscation of the proceeds of crime;
      • the protection of the public revenue;
      • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
  • 6. Data Quality
    • 6.1 Nexgen will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
    • 6.2 Nexgen will also take reasonable steps to make sure that the Personal Information collected, used or disclosed is accurate, complete and current.
  • 7. Data Security
    • 7.1 Nexgen will take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. It will generally do so by:
      • restricting or limiting the access to Personal Information to those of its employees, agents or contractors who have a ‘need to know’;
      • removing access from employees, agents or contractors who no longer work for or with Nexgen or no longer have a ‘need to know’;
      • reviewing and resetting passwords which provide access to Personal Information with reasonable frequency; and
      • implement enhanced security access features to prevent unauthorised access, use or disclosure.
    • 7.2 Nexgen will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the Personal Information may be used or disclosed.
  • 8. Openness
    • 8.1 The Nexgen website will contain a prominently displayed link to this Privacy Statement.
    • 8.2 Nexgen will refer any person to this Privacy Statement if that person requests information on Nexgen’s policy on the management of Personal Information.
    • 8.3 On request by a person, Nexgen will take reasonable steps to let the person know, in general terms, what sort of Personal Information is held and the reasons for which that Personal Information is generally collected. Nexgen will also provide information, in general terms, in respect of how Nexgen holds, uses and discloses that Personal Information.
  • 9. Access and Correction
    • 9.1 1 If Nexgen holds your Personal Information, Nexgen will provide you with access on request to that Personal Information, in particular, so that you can verify the Personal Information is accurate, complete and current. If the Personal Information is not accurate, complete or current, Nexgen will take reasonable steps to remedy the inaccurate, incomplete or outdated Personal Information.
    • 9.2 However, Nexgen will not provide you with access to the extent that:
      • providing access would pose a serious and imminent threat to the life or health of any person; or
      • providing access would have an unreasonable impact upon the privacy of any other person; or
      • the request for access is frivolous or vexatious; or
      • the Personal Information relates to existing or anticipated legal proceedings between Nexgen and yourself, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
      • providing access would reveal Nexgen’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
      • providing access would be unlawful; or
      • denying access is required or authorised by or under law; or
      • providing access activity; or would be likely to prejudice an investigation of possible unlawful
      • providing access would be likely to prejudice:
        • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
        • the enforcement of laws relating to the confiscation of the proceeds of crime; or a prescribed law; or
        • the protection of the public revenue; or
        • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
        • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
      • an enforcement body performing a lawful security function asks Nexgen not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
    • 9.3 Additionally, if providing access would reveal evaluative information generated within Nexgen in connection with a commercially sensitive decision-making process, Nexgen may give you an explanation for the commercially sensitive decision rather than direct access to the information.
    • 9.4 Nexgen reserves the right to charge a fee for searching for and providing access to your Personal Information (except if any other law prohibits Nexgen from charging a fee). In any event,
  • 10. Anonymous Transactions
    • 10.1 Nexgen will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
  • 11. Transferring Personal Information Overseas11.1 Nexgen may transfer Personal Information outside of Australia where Nexgen considers that it is necessary or desirable to do so. However, Nexgen will not transfer your Personal Information outside of Australia unless any of the following circumstances exist:
    • Nexgen reasonably believes that the recipient of the Personal Information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles contained in the Privacy Act 1988 (Cth); or
    • you consent to the transfer; or
    • the transfer is necessary for the performance of a contract between Nexgen and yourself, or for the implementation of pre-contractual measures taken in response to the your request; or
    • the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Nexgen and a third party; or
    • all of the following apply:
      • the transfer is for your benefit;
      • it is impracticable to obtain your consent to that transfer;
      • if it were practicable to obtain your consent, you would be likely to give it; or
    • Nexgen has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles contained in the Privacy Act 1988 (Cth).