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.
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.
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.
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.
If you do not wish to be a part of our Google AdWords Remarketing, you can opt out by visiting Google Ads Preference Manager:
Then go to the “opt-out settings” where you can opt out of all interest based ads on Google and across the web.
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:
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.
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@example.com
“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.
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.