Fusion Terms

Nextgen Group Holdings Pty Ltd (Nextgen) would like to welcome you to the Customer Portal. By viewing the pages of this portal, you acknowledge that you have read and accepted the following terms and conditions.

Site Access

To the maximum extent permitted by law, Nextgen does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained in this portal. The Customer will be fully responsible for any act or omission of any of its employees or agencies in using this website or this portal.

General errors

Nextgen has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this portal and the information on it may occur from time to time and Nextgen does not guarantee that the portal will always operate or be error free.

Pricing errors

Although Nextgen does its best to ensure that prices stated in this portal are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), Nextgen will not be bound by the incorrect pricing stated, and reserves the right to cancel your purchase.

Product Data

The Product Data including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice. Except as otherwise expressly provided herein or in the Product Data, and to the extent permitted by law, the Product Data is provided on an “as is, as available” basis without any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for particular purposes, title, non-infringement, security, availability, accuracy, or otherwise

Contract Formation

By submitting an order for products or services via this portal, you are making an offer to buy those products or services. On receiving confirmation that your order has been accepted, a binding contract for the purchase of those goods and services is formed.

Identification Numbers and Passwords

You acknowledge and agree that, in the event that Nextgen provides you with any identification numbers and passwords to access and use this portal, you:

  • (a) bear sole responsibility for protecting the secrecy of all identification numbers and passwords;
  • (b) will not provide such identification numbers and passwords to any third party or any unauthorised person;
  • (c) will remain fully responsible and liable for any authorised or unauthorised use or misuse of your identification numbers and passwords, including any orders made via the portal;
  • (d) will for security purposes change such passwords periodically or as directed by the Company from time to time;
  • (e) must notify Nextgen immediately if you suspect that any of your identification numbers or passwords has been stolen, disclosed without authorisation or comprised in any way;
  • (g) acknowledge that Nextgen nor any representative of Nextgen is responsible for any loss that you incur as a result of any unauthorised use or misuse of your identification numbers and passwords; and
  • (h) indemnify Nextgen against any loss, damage, costs, actions, claims demands or liabilities whatsoever suffered as a result of any unauthorised use or misuse of your identification numbers or password.

Third parties

You acknowledge and agree that the ability of Nextgen to provide third party products and the product data is subject to its agreements with the relevant third party suppliers. In particular:

  • (a) such agreements may expire or terminate; and
  • (b) a third party supplier may not agree to provide services, products or data under such agreements on a case by case basis or at all, and in such circumstances, Nextgen may not be able to, and will have no obligation to, provide some or all of the products or the product data, either on a timely basis or at all; and
  • (c) Nextgen does not verify the accuracy or completeness of any information, pricing or data supplied by any third party.

Security

Nextgen uses reasonable endeavours to ensure this portal and any transactions conducted on it are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Neither Nextgen nor any member of Nextgen will be liable for any loss or damage whatsoever suffered by you due to failure, delay, interception or manipulation of electronic communications by third parties, including transmission of viruses and other malware.

Limitation of Liability

To the extent permitted by law neither Nextgen or any member of Nextgen will be liable to you for any loss or damage (including incidental, indirect, special or consequential damages) arising out of or in connection with access to or use of this website or this portal.

Applicable Law

If a dispute arises regarding these terms and conditions, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum. If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Last Updated 29th February 2016