NEXIS may change all or any part of the Terms and any other information without notice.
The customer is responsible to regularly review these terms and conditions and abide by them.
The material on the website or in written communication published by NEXIS (be in printed or electronic) is copyright © 2016 Nexis ICT Pty. Ltd. (Trading as DPV Solutions) and/or other copyright owners.
To the full extent permitted by law NEXIS disclaims any and all warranties, express or implied, regarding:
• the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked sites; and
• the accuracy, reliability, timeliness or otherwise of any information contained or referred to in written or verbal communication; and
• merchantability or fitness for any particular purpose for any service or product offered or provided; and
• the design, implementation or suitability of services or products offered.
NEXIS will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of the Customer:
• acting, or failing to act, on any information; and
• using or acquiring, or inability to use or acquire, any service or product.
Whether caused through NEXIS negligence or the negligence of its employees, independent contractors or agents, or through any other cause, NEXIS is not liable for any:
• errors or omissions by the customer;
• delays to, interruptions of or cessation; or
• direct or customer indirect costs.
The Customer agrees to accept the full cost of any necessary repair, correction and maintenance which may be necessary as a consequence of procuring services or solutions from NEXIS.
2. Disclaimer of Warranty and Limitation of Liability
Although NEXIS has attempted to provide accurate information on this website and though our correspondence, information may contain technical inaccuracies or typographical errors. The contents of any documents and information provided are believed to be current and accurate as at their publication dates. NEXIS assumes no responsibility for the accuracy of the information. NEXIS may change the services referred to at any time without notice.
THE SERVICES AND SOLUTIONS OFFERED INCLUDING ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THEM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
NEITHER NEXIS NOR ITS LICENSORS, STAFF OR REPRESENTATIVES SHALL BE LIABLE TO THE CUSTOMER OR THE CUSTOMERS SUPPLIERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, EXCESS DATA, REVENUE, DAMAGE TO REPUTATION OR BUSINESS INTERRUPTION.
To the full extent permitted by law NEXIS’s liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
• If the breach of an implied warranty or condition relates to services:
• the supply of the services again; or
• the payment of the cost of having the services supplied again; and
• if the breach of an implied warranty or condition relates to goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods; or
• the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
3. Applicable law
This agreement and all claims relating to it are governed by the State of Victoria, Australia.
The Customer will at all times indemnify and keep indemnified NEXIS respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
ii. publication of or distribution of the material and/or information supplied by the Customer.
5. Relevant jurisdiction
i. If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
ii. These Terms will be governed by and interpreted in accordance with the law of the Victoria of Australia, without giving effect to any principles of conflicts of laws.
6. Tax Clause
The Customer is liable for any applicable tax.
NEXIS reserves the right to adjust subscription / maintenance pricing when necessary and will notify the Customer of any pricing adjustments by email. 30 days’ notice will be provided prior to new pricing being applied to the Customer’s account.