User Policy

USER POLICY

By joining Nexgeno, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Nexgeno of agreeing to our Data policy, User policy, Cookie policy, Privacy policy, Terms & conditions & Copyright policy (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Services

This Contract applies to Nexgeno.com, Nexgeno.com-branded apps, Nexgeno.com Learning and other Nexgeno.com-related sites, apps, communications, team building, marketing & advertising and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with Nexgeno.com” and “Share with Nexgeno.com” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.

Members and Visitors

When you register and join the Nexgeno.com Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.

Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

Service Eligibility

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Nexgeno.com account which must be in your real name; and (3) you are not already restricted by Nexgeno.com from using the Services. Members who were below this new Minimum Age when they started using the Services under a previous User Agreement may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Nexgeno.com to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

Account

Password is a secret.

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

Payment

Honor your payment obligations and we reserve the right of storing your payment information.

We don't guarantee refunds.

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • If you make a team (virtual/physical) on Nexgeno. Payments shall be made to the respective party as per mutual agreement between the parties and Nexgeno will not play any role whatsoever with regards the payment amongst the parties, continuing to retain the role of platform.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice through your Nexgeno.com account settings under “Purchase History”.

Notices and Service Messages

You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices.

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Sharing

When you share information, others can see, copy and use that information.

Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, project postings, image/video/content and blogs. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Nexgeno.com connections, restricting your profile visibility from search engines, or opting not to notify others of your Nexgeno.com profile update).

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice to the users.

User generated Content Rights

You own the content and information that you submit or post to the Services and you are only granting Nexgeno.com and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Nexgeno.com by our users (Buyers and Sellers) is User Generated Content. Nexgeno.com does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Nexgeno.com is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the service, their delivery, and any communications between buyers and sellers. By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Nexgeno.com. Sellers advertising their service online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the work/project/service and may lead to the suspension of seller's account.

These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  • We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions on sponsored content and company pages may be visible, as noted in the Privacy Policy.
  • We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices.
  • While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Nexgeno.com, you agree that Nexgeno.com can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful..

Service Availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

Nexgeno.com is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Nexgeno.com generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and teams know you or your organization were mentioned in the news. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Nexgeno.com account, that app or site can access information on Nexgeno.com related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Nexgeno.com is not responsible for these other sites and apps – use these at your own risk.

Limits

Nexgeno.com reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Nexgeno.com reserves the right to restrict, suspend, or terminate your account if Nexgeno.com believes that you may be in breach of this Contract or law or are misusing the Services

Intellectual Property Rights

Nexgeno.com reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. Nexgeno.com, and logos and other Nexgeno.com trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Nexgeno.com.

Listed professionals recognizes and confirms that Nexgeno has the exclusive right to supervise, allow and reject the contents of the Website. Nexgeno shall not be liable for contents and images shared, uploaded or displayed on website by listed professionals regarding its services and all consequent liability will be borne by the listed professionals only.

Listed professionals hereby grants to Nexgeno the right to display/delist the services (as updated or to be updated by the listed professionals on the professionals panel at any/all times) and/or related logo and/or trademark and/or brand name, etc. owned by it or its business associates for marketing/selling through the Website. Listed professionals represents that it has the necessary rights to grant such permission to Nexgeno and agrees to indemnify Nexgeno in respect of any claims, damages, losses etc., arising out of or in connection with violation of the same.

Except as agreed to by the Parties, the data of Buyers will be the exclusive property of Nexgeno, and listed professionals will not use for its own purpose or distribute it in any form or means except for the purpose of this agreement and shall keep it confidential at all times. Confidential information would include but not be limited to Buyer details, market information, all works and documents related thereto, the contents of Nexgeno’s website “www.Nexgeno.com” or any other information which is treated as confidential by Nexgeno, and any other information received or to be received by listed professionals which is agreed to be treated under the same terms. The listed professionals also undertakes to fully indemnify Nexgeno against the breach of this clause.

Disclaimer and Limit of Liability

No Warranty

TO THE EXTENT ALLOWED UNDER LAW, NEXGENO.COM AND ITS AFFILIATES (AND THOSE THAT NEXGENO.COM WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS NEXGENO.COM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), NEXGENO.COM AND ITS AFFILIATES (AND THOSE THAT NEXGENO.COM WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, INVENTORY, PORTFOLIOS, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL NEXGENO.COM AND ITS AFFILIATES BE LIABLE TO ANY CLAIM FROM ANY OF TE PARTIES

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEXGENO.COM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF NEXGENO.COM OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Termination

Both you and Nexgeno.com may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Any amounts owed by you prior to termination remain owed after termination.

Dispute Resolution

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, Nexgeno will not be responsible for any operational or financial disputes.
  • Nexgeno.com reserves the right to cancel orders or place them on hold for any suspected fraudulent transactions made on the Site.
  • Any amounts owed by you prior to termination remain owed after termination.

General Code of Conduct

You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • rovide accurate information to us and keep it updated;
  • Use your real name on your profile;
  • Use the Services in a professional manner.

You agree that you will not:

  • Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
  • Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
  • Use an content that is not your likeness or a head-shot photo for your profile;
  • Create a false identity on Nexgeno.com. The occasional creation of clearly fictional profiles by Nexgeno.com or with its express permission in connection with a promotional campaign does not waive this obligation;
  • Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
  • Create a Member profile for anyone other than yourself (a real person);
  • Invite people you do not know to join your network;
  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;
  • Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by Nexgeno.com;
  • Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Nexgeno.com;
  • Solicit email addresses or other personal information from Members you don’t know, without authorization.
  • Use, disclose or distribute any data obtained in violation of this policy;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Violate the intellectual property or other rights of Nexgeno.com, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Nexgeno.com” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
  • Use Nexgeno.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
  • Create profiles or provide content that promotes escort services or prostitution.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by Nexgeno.com without our express consent (e.g., representing yourself as an accredited Nexgeno.com trainer);
  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Nexgeno.com’s consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service