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.
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.
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.
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:
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.
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:
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..
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.
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.
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
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.
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:
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;
You agree that you will not: