Terms & Conditions

INTRODUCTION

The Terms of Use will govern your use of this website, including all pages within this website (Nexa Finance Website). The Terms of Use of the Nexa Finance Website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Nexa Finance Website (Additional Terms and Conditions). Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Nexa Finance Website.

By using the Nexa Finance Website, you acknowledge and agree to all the Terms of Use. You must not use the Nexa Finance Website, if you do not agree, or have any objection, to any of the Terms of Use.

WEBSITE ACCESS

Nexa Finance does not guarantee that access to the Nexa Finance Website will be uninterrupted or that the Nexa Finance Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the Nexa Finance Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.

Certain areas of the Nexa Finance Website may be restricted from access by you and Nexa Finance may further restrict your access to any areas of the Nexa Finance Website, at any time, in its sole and absolute discretion.

LIMITATION OF LIABILITY

The Nexa Finance Website is provided “as is,” and Nexa Finance makes no express or implied representations or warranties, of any kind related to the Nexa Finance Website or its content. Nexa Finance does not warrant the accuracy, reliability, adequacy or completeness of any of the Nexa Finance Website content. You acknowledge and accept that the Nexa Finance Website content may include faults, inaccuracies and errors.

Nothing contained on the Nexa Finance Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the Nexa Finance Website you wish to rely upon.

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Nexa Finance excludes all liability for, and neither Nexa Finance nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:

your use of, or reliance on, the Nexa Finance Website or its content; or
the performance or failure of the Nexa Finance Website.

You hereby indemnify Nexa Finance from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses (including reasonable lawyer’s fees) arising directly or indirectly out of, or in any way related to, your use of the Nexa Finance Website, its content or breach of any of the provisions of the Terms of Use.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth) implies a warranty or guarantee into the Terms of Use that may not lawfully be excluded, then Nexa Finance’s liability for breach of such a warranty or guarantee will be limited, at its option, to any one or more of the following:

in the case of goods:
replacement of the goods or the supply of equivalent goods;
repair of the goods or payment of the cost of having the goods repaired; or
payment of the cost of replacing the goods or acquiring equivalent goods; and
in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

INTELLECTUAL PROPERTY

The content on the Nexa Finance Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of Nexa Finance or have been made available for use by Nexa Finance and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:

copy, reproduce, perform, adapt, modify or translate the Content; or
retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,

without the express prior written consent of Nexa Finance. Alternatively, you should direct the third party to the Nexa Finance Website and the relevant Content on the Nexa Finance Website.

Nexa Finance does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or Brands or in the user interface of the Nexa Finance Website except as granted in these Terms of Use or as expressly granted by Nexa Finance in writing.

SUBMISSIONS

Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the Nexa Finance Website (Your Content) will be deemed to be non-confidential and non-proprietary. Nexa Finance will be entitled to use any of Your Content for any purpose without compensation to you.

Your Content must be your own and must not infringe any third party’s rights. You grant Nexa Finance a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the Nexa Finance Website.

THIRD PARTY WEBSITES

The Nexa Finance Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Nexa Finance does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. Nexa Finance does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.

LINKS TO Nexa Finance WEBSITE

If you wish to establish a link to this website, you must first seek approval from Nexa Finance. You must not establish a link to the Nexa Finance website without Nexa Finance’s express written approval.

If Nexa Finance agrees to your proposed link, you must comply with any terms and conditions imposed by Nexa Finance as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Nexa Finance and provide a new description of your website and seek Nexa Finance’s written approval to retain the link to the Nexa Finance Website.

Nexa Finance may at any time withdraw its approval to your link by notifying you in writing. If Nexa Finance notifies you that its approval has been withdrawn you must immediately remove the link to the Nexa Finance Website.

INTERFERENCE WITH WEBSITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Nexa Finance Website or any of its Content or Brands.

You must not:

use the Nexa Finance Website in any way that is, or may be, damaging to the Nexa Finance Website or to Nexa Finance or in a way that causes, or may cause, harm to Nexa Finance, the Nexa Finance Website or to any person or entity;
use the Nexa Finance Website in any way that impacts with user access to the Nexa Finance Website;
use the Nexa Finance Website contrary to applicable laws or regulations;
engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Nexa Finance Website or its Content or while using the Nexa Finance Website or its Content; or
use the Nexa Finance Website to engage in any advertising or marketing.

JURISDICTION

These Terms of Use are governed by and construed in accordance with the Australian Capital Territory, Australia. If a dispute arises from the Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Canberra (ACT), Australia.

VARIATION OF TERMS

Nexa Finance is permitted to revise these Terms of Use at any time as it sees fit, and by using the Nexa Finance Website you are expected to review such Terms on a regular basis to ensure you understand all the Terms of Use governing use of the Nexa Finance Website.

ASSIGNMENT

Nexa Finance may assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification or consent required. However, you must not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.