PLEASE READ THIS TERMS AND CONDITION CAREFULLY BEFORE USING OUR WEBSITE WHICH IS MANAGED BY NEXG PLATFORMS PRIVATE LIMITED. BY USING THIS WEBSITE OR REQUESTING SERVICES OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED BELOW. THE TERM ‘NEXG PLATFORMS’ OR ‘US’ OR ‘WE’ REFERS TO THE NEXG PLATFORMS, OWNER OF THE WEBSITE. THE TERM ‘YOU’ REFERS TO THE USER OR VIEWER OF OUR WEBSITE.
This Terms and Conditions (the “T&C”) governs your use of this website, https://nexgplatforms.com (the “Website”). NEXG PLATFORMS PRIVATE LIMITED, a company incorporated under the Company Act, 2013 (the “NEXG PLATFORMS”) through the website offers the products and Services as mentioned or available on this Website. This T&C includes, and incorporates by this reference, the policies and guidelines referenced below. NEXG PLATFORMS reserves the right to change or amend the terms of this T&C at any time by posting any changes or a amended T&C on this Website. NEXG PLATFORMS will alert you that changes or revisions have been made by indicating on the top of this T&C the date it was last revised. The changed or revised T&C will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised T&C will constitute your acceptance of any such changes or revisions. NEXG PLATFORMS encourages you to review this T&C whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This T&C does not alter in any way the terms or conditions of any other written T&C you may have with NEXG PLATFORMS for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. PRODUCTS & SERVICES
Terms of Offer. This Website offers for sale certain Products and Services (the “Products” and the “Services”).By placing an order for Products and Services through this Website, you agree to the terms set forth in this T&C.
Customer Solicitation: Unless you notify our third party call center representative or direct NEXG PLATFORMS sales representative, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations NEXG PLATFORMS and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: info@nexgplatforms.com].
Proprietary Rights. NEXG PLATFORMS has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by NEXG PLATFORMS. NEXG PLATFORMS also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Tax. If you purchase any Products or avail any Services, you will be responsible for paying the applicable taxes.
II. WEBSITE
Content; Intellectual Property; To the extent that NEXG PLATFORMS does create the content on this Website, such content is protected by intellectual property laws of the India., Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.
Use of Website; NEXG PLATFORMS is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from NEXG PLATFORMS or the applicable third party (if third party content is at issue).
III. DISCLAIMER
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEXG PLATFORMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS/SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS/SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXG PLATFORMS MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
IV. LIMITATION OF LIABILITY
NEXG PLATFORMS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS T&C IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR PRODUCTS/SERVICE AVAILED OR PURCHASED VIA THE WEBSITE.
NEXG PLATFORMS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS T&C OR THE PRODUCTS OR SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES OR CONTENT; (3) ANY PRODUCTS PURCHASED OR SERVICES AVAILED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless NEXG PLATFORMS, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this T&C or the breach of your warranties, representations and obligations under this T&C; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including the Demo Products) or any Service availed; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this T&C; or (6) any information or data you supplied to NEXG PLATFORMS. When NEXG PLATFORMS is threatened with suit or sued by a third party, NEXG PLATFORMS may seek written assurances from you concerning your promise to indemnify NEXG PLATFORMS; your failure to provide such assurances may be considered by NEXG PLATFORMS to be a material breach of this T&C. NEXG PLATFORMS will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of NEXG PLATFORMS choice at its expense. NEXG PLATFORMS will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend NEXG PLATFORMS against any claim, but you must receive NEXG PLATFORMS prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or Products or Services.
VI. PRIVACY
NEXG PLATFORMS believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to NEXG PLATFORMS privacy policy, incorporated by reference herein, that is posted on the Website.
VII. T&C TO BE BOUND
By using this Website or ordering Products or availing Services, you acknowledge that you have read and agree to be bound by this T&C and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. NEXG PLATFORMS will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. NEXG PLATFORMS may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products and Services.
Entire T&C. This T&C comprises the entire T&C between you and NEXG PLATFORMS and supersedes any prior T&Cs pertaining to the subject matter contained herein.
Effect of Waiver. The failure of NEXG PLATFORMS to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this T&C remain in full force and effect.
Governing Law; Jurisdiction. These T&C will be construed and enforced in all respects in accordance with the laws of India and courts of NEW DELHI shall have the exclusive jurisdiction over the matters related to your use of this website and any dispute arising out of such use of the website.
Courts of NEW DELHI shall have sole and exclusive jurisdiction over matters in connection with any action or proceeding that arises from, or relates to, these T&C and any breach by you, and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that NEXG PLATFORMS may seek to enforce any judgment in its favor in courts of NEW DELHI. Notwithstanding the foregoing, NEXG PLATFORMS may seek injunctive or other equitable relief in any court of NEW DELHI to protect its proprietary and other rights. You agree that your breach or threatened breach of these T&C may result in immediate and irreparable damage to NEXG PLATFORMS for which there is no adequate remedy at law. These Terms are only valid in the English language.
Waiver of Class Action Rights. BY ENTERING INTO THIS T&C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS T&C MUST BE ASSERTED INDIVIDUALLY.
Termination. NEXG PLATFORMS reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this T&C. Following termination, you will not be permitted to use the Website and NEXG PLATFORMS may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website is terminated, NEXG PLATFORMS reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This T&C will survive indefinitely unless and until NEXG PLATFORMS chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. NEXG PLATFORMS makes no representation that the Website or Products or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this T&C to anyone. NEXG PLATFORMS may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS OR AVAILING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AN CONDITIONS OF THIS T&C.
