Terms & Conditions

  1. Welcome
    Welcome to our Nexgen Plants website <http://www.nexgenplants.com/> (Nexgen Plants) developed and owned by Nexgen Pty Ltd ACN 159 942 917 (we/us/our).Nexgen Plants is a company delivering solutions to respond rapidly to emerging opportunities and challenges across industries that can develop or utilize plants or plant-based products.These are our Terms and Conditions (Terms) that govern your use of Nexgen Plants. You may access Nexgen Plants in several ways, including but not limited to through the web, PDAs and mobile phones. These Terms apply whenever and however you access Nexgen Plants.
  2. Acceptance
    • You agree that you must only use Nexgen Plants in accordance with these Terms. You must carefully read these Terms and should contact us with any questions before you use Nexgen Plants.
    • By using Nexgen Plants you acknowledge and agree that you have had a sufficient opportunity to read and understand these Terms and that you agree to be bound by them. If you do not agree to these Terms, please immediately leave Nexgen Plants and do not proceed to access or use it in any way.
  3. Variations
    • We reserve the right to modify, permanently or temporarily disable or discontinue any part of Nexgen Plants and to alter, amend or withdraw any part of these Terms or any information or material appearing on Nexgen Plants at any time, without liability or further notice to you.
    • The current version of these Terms is published and available on the Nexgen Plants website. Where changes made to the Terms impact your rights or obligations, you will be provided with reasonable notice before the changes take effect.
    • Please be aware that, your continued use of Nexgen Plants following any change under this clause 5 will constitute your automatic acceptance of it.
  1. Eligibility
    • By creating an account and using Nexgen Plants, you represent and warrant that you:
      1. will take all necessary precautions to ensure that all activities within Nexgen Plants are being conducted in an appropriate and safe location; and
      2. will comply with these Terms and all applicable laws.
  2. Your account
    Some of the content on Nexgen Plants will only be available to you if you have created an account. You may create an account, but on doing so you agree to:

    • not transfer your account to someone else;
    • maintain the security of your user identification, password and personal information and any other confidential information relating to your account;
    • notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password;
    • take the necessary steps to prevent the continuance of any unauthorised use of your account by contacting us to change your login security information; and
    • update and keep your personal information accurate.
  3. Licence to use
    • You are only authorised to use Nexgen Plants for the following:
      • creating an account;
      • updating, amending or editing your account information, once you have created an account;
      • accessing and viewing the content available on Nexgen Plants;
      • reviewing our policies; and
      • contacting us.
    • You must not use any part of Nexgen Plants for any commercial or consumer purpose without our written consent.
  4. Our intellectual property
    • Copyright
      • The information and documentation contained within Nexgen Plants (including its coding, imagery, wording, design, graphics and logos) is owned by us or granted to us under licence and is protected by copyright laws.
      • You may only retain copies of information in Nexgen Plants if it is obtained incidentally to your viewing and if kept only for your own personal reference.
      • For the avoidance of doubt you must not use any copyright content of Nexgen Plants for any commercial or consumer purpose without our written consent.
    • Trade marks
      You acknowledge and agree that you are not granted any right or licence to any of our trade marks as displayed on Nexgen Plants, or the trademarks of any third party displayed on Nexgen Plants.
  5. Submissions
    • From time we may invite or enable you to submit research requests or projects to us through NexGen Plants (Projects Requests).
    • You acknowledge that where you have submitted a Project Request, we may accept or refuse the Project Request at our absolute discretion.
    • Where we accept a Project Request, you acknowledge that all intellectual property rights, and in particular copyright, in all content, documentation, reports, research, notes and other materials that we create in undertaking the Project Request vest in us.
    • You acknowledge that you have no ownership or acknowledgement rights in respect of any of the content, results, documentation, reports, research, notes or other materials that we create and develop in undertaking a Project Request.
    • To the extent that the intellectual property rights referred to in (d) are unable to vest in us and instead vest in you, you grant us a perpetual, worldwide, royalty free, transferrable and sub-licencable right and licence to use, commercialise, host and modify all such intellectual property rights.
    • You warrant that you have the legal capacity to grant us the right and license under paragraph (e).
    • This clause 8 survives any termination of these Terms.
  6. Acknowledgement
    You acknowledge that we may:

    • advertise to you within Nexgen Plants; and
    • utilise your feedback, suggestions and ideas relating to Nexgen Plants without providing any recognition or compensation to you.
  7. Electronic communication
    • When creating an account and using Nexgen Plants you are sending information and communicating electronically.
    • By making such electronic communications you acknowledge and consent to receiving communications (including legal notices) from us electronically. You acknowledge that we may communicate with you by email to the address detailed in your account information.
  8. Consequences of violation
    • If you violate these terms in any way we may in our sole discretion and without notice to you:
      • take any legal action we have available against you;
      • terminate your account;
      • block your use of Nexgen Plants; and/or
      • disclose information about you and your use of Nexgen Plants for investigation by any enforcement body for your unlawful activity.
    • You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, impacting upon our downloads or increasing our expenses and in such a case you irrevocably consent to us seeking injunctive or other equitable relief against you as a consequence of your violation.
  9. Third party content
    • Opinions, advice, statements, or other information made available through Nexgen Plants by third parties, are those of their respective authors, and should not necessarily be relied on. We hold authors fully responsible for any information that they create. We do not:
      • guarantee the accuracy, completeness, or usefulness of any third-party information; or
      • adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party,

      in Nexgen Plants.

      • Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content available on Nexgen Plants that:
        • we have not expressly endorsed; or
        • has been transmitted to you by any third-party via Nexgen Plants.
  10. Third party sites
    • Nexgen Plants may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services. We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive. Such links are provided for convenience only. You use these Linked Sites entirely at your own risk.
    • We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. We advise that users should carefully review each Linked Site’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party via a Linked Site, including one accessed from Nexgen Plants, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.
  11. User’s risk
    • We will use reasonable care and skill to ensure that Nexgen Plants is free from defect and harmful code. Internet services are however, subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.
    • With regard to any such device you choose to use as a means to access Nexgen Plants, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software.
    • We will not be held liable for any losses or damage caused by your use of Nexgen Plants – it is entirely at your risk.
  12. Disclaimer
    • Nexgen Plants is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that Nexgen Plants will be error-free or uninterrupted.
    • Whilst all due care has been taken in providing the information on Nexgen Plants, we do not provide any warranty either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
    • To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
    • All due care is taken in ensuring that Nexgen Plants is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of Nexgen Plants or any Linked Site.
    • We undertake all due care with any information which you may provide when accessing Nexgen Plants and preserve such information in a secure manner in accordance with our Privacy Policy. We however cannot completely ensure the security of all information provided to us, accordingly, the information that you transmit to Nexgen Plants is entirely at your own risk.
    • From time to time we may host third party content on Nexgen Plants such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.
    • We will not be liable to you or any other party for damages of any kind arising from your use of Nexgen Plants.
  13. Indemnity
    You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us where such loss, cost or damage arose out of or in connection with your use of Nexgen Plants (whether directly or indirectly) or a breach by you of these Terms.
  14. General
    • You must not assign, sublicence or otherwise deal in any other way with any of your rights or obligations under these Terms.
    • These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of that State.
    • If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary for it to be valid and enforceable, without affecting the validity or enforceability of the remaining provisions.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  15. Contact us
    • You agree that when you are communicating with any of our staff you will be courteous and professional.
    • You may contact us by emailing: info@nexgenplants.com

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