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Terms and Conditions

 

Terms and conditions

By accessing the nextgenleads.com.au website and/or using any of the nextgenleads.com.au services, you acknowledge that you accept these Terms and Conditions. Please read these Terms and Conditions carefully before using the nextgenleads.com.au website, as they govern your use of this site.

If you do not agree to the Terms, do not use the nextgenleads.com.au website, or services. We reserve the right to revise these Terms and Conditions at any time. Please periodically review our revised terms. By continuing to use the nextgenleads.com.au website, you agree to accept and abide by any changes we make to our Terms of Use or Privacy Policy.

Submissions from users:

General

All the content and materials posted to the nextgenleads.com.au website, including all advertisements, photos, and creative designs, are either your works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos, and designs) to any part of the nextgenleads.com.au website you automatically grant to us or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that the content that you provide to the nextgenleads.com.au website is true, accurate, and accurate at the time when it was entered into our website. You warrant that no information you post on this website will: (i) be defamatory; (ii) breach any contract or law; (iii) contain any viruses; (iv) infringe the intellectual property rights of any person; and/or (v) violate any copyright, privacy laws or regulations or confidentiality restrictions.

Ratings

When you submit any rating feedback you acknowledge that you will act honestly and fairly and that you will not engage in any conduct which may injure the reputation of a Solar Installer or undermine the functioning of the rating system in any way. If we consider your feedback inappropriate or deceptive, we reserve the right to remove it from the star rating system without any notification to you.

Reviews and comments

As a result of accepting these Terms and Conditions when registering for an account, you entitle us to all present and future rights in all original content that you submit or publish on the website, including comments, forum posts, public messages, reviews, ratings, and compilations of any inspiration boards (but not including advertisements, advertiser profiles, or requests for quotes). In addition, you irrevocably consent to us using the content in any way, including in a way that might violate your moral rights. To be bound by these Terms and Conditions, you do not need to create an account, and your use of the website constitutes your agreement to them.

 Evaluation of submissions

Any files, messages, or discussions you upload to nextgenleads.com.au will be reviewed and may also be modified by the site administrators before being accepted for publication on this website. Files that you upload to a bulletin board may be subject to copyright, publicity, or other rights of the owner. By uploading files, it is your responsibility—not ours—to ensure compliance with applicable laws and regulations in this regard. Please be aware that any personal information you share on the nextgenleads.com.au website may be collected and used by third parties for their purposes, and we are not responsible for such uses of your personal information.

If you post any information which is libelous, defamatory, obscene, offensive, sexually explicit, fraudulent, untrue (whether intentional or otherwise) or contains viruses, trojans, and/or harmful code then this will be deemed illegal.

If we, in our reasonable discretion, determine that you have violated any law or any provision of these Terms and Conditions or are otherwise in violation of these Terms and Conditions, we may deny you access to all or part of the nextgenleads.com.au website and/or suspend or cancel your service account without notice.

Copyright

The contents and design of the nextgenleads.com.au website are protected by copyright laws and are proprietary to us. The Nextgenleads website is for your personal, non-commercial use only—you may not modify it in any way, nor can you sell anything made from its materials. Any material contained on the nextgenleads.com.au website or in our e-newsletters may not be reproduced, modified, copied, distributed, transmitted, communicated, displayed, published, or used without our explicit prior written consent or the permission of the relevant copyright owner. You may not use any of the information or content on this website for commercial purposes. Upon breaching this paragraph, you acknowledge that any damage caused to us cannot be adequately remedied by damages and that we may seek injunctive relief against you as a result.

General Disclaimer

As far as legal provisions allow, our liability for failure to meet a Consumer Guarantee is limited (at our option) to the following: (a) if we supply goods to you, we will replace the goods or provide equivalent goods (or pay the cost of replacing or supplying equivalent goods to you), or we will repair the goods (or pay for the repair) and (b) supplying the services again, or paying for the cost of having the services supplied again.

In accordance with the Consumer Guarantees

nextgenleads.com.au website is provided on an “as is, with all faults, as available” basis without any warranties, either expressed or implied, to the fullest extent permitted by law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or custom of trade. nextgenleads.com.au does not make any representations or warranties about the accuracy, completeness, appropriateness, reliability, or timeliness of its content. Additionally, we do not provide any warranty that the nextgenleads.com.au website will be available uninterruptedly, securely, error-free, and free of viruses, unauthorized codes, or other harmful elements. Any time without notice, we may stop operating nextgenleads.com.au.

Use of the nextgenleads.com.au website:

Although we try to make the nextgenleads.com.au website as reliable as possible, you understand and agree that its use is at your own risk. As a user of the nextgenleads.com.au website, you are responsible for taking all precautions you deem necessary to protect yourself from any claim, damage, loss, or hazard that may arise. There is no liability or responsibility on our part or on the part of anyone involved in the creation, production, or delivery of the nextgenleads.com.au website, our e-newsletters, or any of the materials contained therein regarding the accuracy, completeness, or usefulness of any information provided and will not be liable for any direct, indirect, incidental, special or consequential damages arising from the use of, or inability to use, the nextgenleads.com.au website.

In no way may you use automatic search or mining methods to find information on the nextgenleads.com.au website, or interfere with or attempt to interfere with its proper operation. As a user of the nextgenleads.com.au website, you agree not to take any action that impedes the operation of our infrastructure or otherwise tampers or interferes with the nextgenleads.com.au website, our systems or data, or those of any third party.

Disclaimer

Our goal is to provide you with accurate and valuable information. To provide accurate information on the nextgenleads.com.au website, the editors have consulted reliable sources. The nextgenleads.com.au website contains works from authors, editors, and publishers that may contain errors. Therefore, neither we nor any other party involved in the preparation of the content on the nextgenleads.com.au website nor our e-newsletters certifies that the information contained therein is accurate or complete in every respect and to the maximum extent possible, they are not responsible for any errors or omissions or any results obtained from the use of such material. Other sources should be consulted to verify the information contained therein.

Users of nextgenleads.com.au, whether reading articles or other material posted on the website or e-newsletters, should carefully review this information. The information should not be used to replace professional advice. The content and other services provided through our Web site or e-newsletters are not intended as professional advice.

The certifications, licenses, competence, solvency, or information provided by professionals and facilities listed in our directories are not examined, determined, or warranted by us. In our directories, we rely on professionals and facilities to provide accurate information. We are not responsible for verifying this information. As far as we are permitted by law, any use of our directories to locate professionals or facilities is purely voluntary, and we and any of our agents will not be responsible for any loss or damage to any user resulting from selecting a professional or facility or from the services provided by those professionals or facilities listed in our directories, or for any other loss or damage that may occur. Make sure you check with the applicable licensing board or authority, about the certification and/or licensing of any professional or other service providers.

You should confirm the competence, solvency, insurance, and licensing of anyone you engage through our services, including posting a job / Get Quotes. You cannot hold us responsible for any losses caused to you by an individual or entity that you retain as a result of using our directory.

You may find links to third party websites on the nextgenleads.com.au website. We do not control these linked sites nor do we accept responsibility for their contents, any links contained in them, or any updates or changes to such sites. nextgenleads.com.au does not endorse, approve or warrant any product, service, or link in our e-newsletters and disclaims all liability regarding such products, services, or links.

Registration

To submit information to the nextgenleads.com.au Web site, you must register and obtain a user account with us. To learn more about what registration offers you, please go to the “Register Now” page. Once you have registered, we will confirm your registration details with one of our sales representatives. A password will be emailed to you once your service account has been activated.

As you have been granted access to our website and are responsible for maintaining the confidentiality of your password, we ask you not to disclose it to any third parties. Please do not send your password or other sensitive information via email to us as we’ll never ask you to do so. We will never ask you to enter your username and password via any website other than one starting with nextgenleads.com.au. Change your password immediately and contact us if you suspect that your account has been accessed without your permission. It is your responsibility to prevent any unauthorized use of your account by anyone you gave access to directly or indirectly.

In the event that you close your service account, you will remain responsible for any obligations related to your account. After closing your service account, the sections titled Copyright, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability, and Rights of Third Party as well as the first paragraph of User Submissions will remain in effect.

Copyright Representative

According to the Copyright Regulations 1969 (Cth), carriage service providers are not liable for copyright infringement relating to certain online activities that are protected by the safe harbor scheme. In relation to all activities that we carry out as a carriage service provider, this is our designated representative who receives notifications and notices:

Email: nextgenleads.com.au

Indemnification

As a result of your agreement, we, as well as our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers, will be indemnified, defended, and held harmless from any losses, expenses, damages, and costs resulting from violations of these Terms and Conditions by you or any other person accessing the nextgenleads.com.au website using your service account, including reasonable solicitor’s fees. Our indemnity does not cover negligent or wilful acts.

Waiver, Release and Limitation of Liability:

As far as we are legally permitted, and except for the Consumer Guarantees, we and our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers will not be liable to you with your use of nextgenleads.com.au website under any theory of liability or indemnity. If we fail to comply with any of the terms or conditions implied by any law, including, without limitation, the Consumer Guarantees, we will be liable for any claim to the maximum extent possible, which, in the case of services, may consist of resupplying the relevant services or paying for the cost of resupplying those services.

As far as loss or damage resulting from the nextgenleads.com.au website is concerned, the maximum liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers, if any, is the greater of your fees for the particular information or service provided or AUD$200. We, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers, except where such limitations are prohibited by law, cannot be held liable for any loss or damage other than the amount mentioned above and they are hereby excluded from all liability for any other loss or damage, direct or indirect, special, incidental, consequential, or punitive, resulting from the use of the nextgenleads.com.au website, regardless of whether we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers were advised of the possibility of such damages.

Our company, nor any of its affiliates, directors, officers, employees, or third-party vendors, nor any of our affiliates are liable or responsible for any loss or damage that may result from the failure or interruption of the nextgenleads.com.au website except in relation to a Consumer Guarantee. Any loss or damage resulting from nextgenleads.com.au’s act or omission resulting in the availability of the information on its Web Site to you, or resulting from any other cause associated with your access to or inability to access the nextgenleads.com.au website or that information, except where we have acted negligently or wilfully.

Rights of third party

This indemnification, waiver, release, and limitation of liability provision are intended for our benefit, as well as for the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors, and suppliers. Individuals or entities in these categories may take action directly against you on their behalf to enforce those provisions.

Miscellaneous

● nextgenleads.com.au’s advertisers and sponsors have no influence over editorial content or presentation on its website and/or e-newsletters.

● These Terms and Conditions prohibit the assignment or transfer of any of your rights or obligations without our prior written consent.

● These Terms and Conditions govern our relationship with you as independent contractors, not as a joint venture, partnership, or principal and agent.

We will send service-related notices or communications regarding your service account to the email address you designate. Please ensure that this is a valid email address at all times. The best way to contact us is through the “Contact Us” facility on nextgenleads.com.au. Please address any formal notices or communications to our postal address set out at the beginning of these Terms and Conditions. If a notice is sent to you via email or facsimile, it will be considered received by you 24 hours after being sent, regardless of whether you have actually read it. Mail notices are deemed received three days after mailing (7 days if sent outside Australia).

Whenever a clause or provision of these Terms and Conditions is deemed illegal, invalid, unenforceable, or capable of termination by any party within any jurisdiction in which the Terms and Conditions are to apply, it will be construed so that it is enforceable to the extent feasible. In the event that there is no feasible interpretation of such a clause or provision that would restore its enforceability, the clause will be severed from the remainder of these Terms and Conditions without affecting the enforceability of any other clauses or provisions.