Terms & Conditions
Updated at December 1st, 2024
General Terms
By accessing and placing an order with Nexus Grad, you confirm
that you are in agreement with and bound by the terms of service
contained in the Terms & Conditions outlined below. These terms
apply to the entire website and any email or other type of
communication between you and Nexus Grad.
Under no circumstances shall Nexus Grad team be liable for any
direct, indirect, special, incidental or consequential damages,
including, but not limited to, loss of data or profit, arising
out of the use, or the inability to use, the materials on this
site, even if Nexus Grad team or an authorized representative has
been advised of the possibility of such damages. If your use of
materials from this site results in the need for servicing,
repair or correction of equipment or data, you assume any costs
thereof.
Nexus Grad will not be responsible for any outcome that may occur
during the course of usage of our resources. We reserve the
rights to change prices and revise the resources usage policy in
any moment. This Privacy Policy was created with Termify.io
License
Nexus Grad grants you a revocable, non-exclusive,
non-transferable, limited license to download, install and use
the app strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Nexus
Grad (referred to in these Terms & Conditions as "Nexus Grad",
"us", "we" or "our"), the provider of the Nexus Grad website and
the services accessible from the Nexus Grad website (which are
collectively referred to in these Terms & Conditions as the
"Nexus Grad Service").
You are agreeing to be bound by these Terms & Conditions. If you
do not agree to these Terms & Conditions, please do not use the
Nexus Grad Service. In these Terms & Conditions, "you" refers
both to you as an individual and to the entity you represent. If
you violate any of these Terms & Conditions, we reserve the right
to cancel your account or block access to your account without
notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms &
Conditions, every time any of these terms are referenced, are
strictly defined as:
• Cookie: small amount of data generated by a website and saved
by your web browser. It is used to identify your browser, provide
analytics, remember information about you such as your language
preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or
“our,” it refers to Nexus Future Sdn. Bhd., (10-2, Jalan Putra
Mahkota 7/8a, Putra Heights, 47650 Subang Jaya, Selangor) that is
responsible for your information under this Terms & Conditions.
• Country: where Nexus Grad or the owners/founders of Nexus Grad
are based, in this case is MY
Device: any internet connected device such as a phone, tablet,
computer or any other device that can be used to visit Nexus Grad
and use the services.
• Service: refers to the service provided by Nexus Grad as
described in the relative terms (if available) and on this
platform.
• Third-party service: refers to advertisers, contest sponsors,
promotional and marketing partners, and others who provide our
content or whose products or services we think may interest you.
• App/Application: Nexus Grad app, refers to the SOFTWARE PRODUCT
identified above
• You: a person or entity that is registered with Nexus Grad to
use the Services.
Restrictions
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host,
outsource, disclose or otherwise commercially exploit the app or
make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse
compile or reverse engineer any part of the app.
• Remove, alter or obscure any proprietary notice (including any
notice of copyright or trademark) of Nexus Grad or its
affiliates, partners, suppliers or the licensors of the app.
Payment
If you register to any of our recurring payment plans, you agree
to pay all fees or charges to your account for the Service in
accordance with the fees, charges and billing terms in effect at
the time that each fee or charge is due and payable. Unless
otherwise indicated in an order form, you must provide Nexus Grad
with a valid credit card (Visa, MasterCard, or any other issuer
accepted by us) (“Payment Providerâ€) as a condition to signing
up for the Premium plan. Your Payment Provider agreement governs
your use of the designated credit card account, and you must
refer to that agreement and not these Terms to determine your
rights and liabilities with respect to your Payment Provider. By
providing Nexus Grad with your credit card number and associated
payment information, you agree that Nexus Grad is authorized to
verify information immediately, and subsequently invoice your
account for all fees and charges due and payable to Nexus Grad
hereunder and that no additional notice or consent is required.
You agree to immediately notify Nexus Grad of any change in your
billing address or the credit card used for payment hereunder.
Nexus Grad reserves the right at any time to change its prices
and billing methods, either immediately upon posting on our Site
or by e-mail delivery to your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in
collection of delinquent undisputed amounts shall be the
responsibility of and paid for by you. No contract will exist
between you and Nexus Grad for the Service until Nexus Grad
accepts your order by a confirmatory e-mail, SMS/MMS message, or
other appropriate means of communication. You are responsible for
any third-party fees that you may incur when using the Service.
Return and Refund Policy
Thanks for shopping at Nexus Grad. We appreciate the fact that
you like to buy the stuff we build. We also want to make sure you
have a rewarding experience while you’re exploring, evaluating,
and purchasing our products. As with any shopping experience,
there are terms and conditions that apply to transactions at
Nexus Grad. We’ll be as brief as our attorneys will allow. The
main thing to remember is that by placing an order or making a
purchase at Nexus Grad, you agree to the terms along with Nexus
Grad's Privacy Policy. If, for any reason, You are not completely
satisfied with any good or service that we provide, don't
hesitate to contact us and we will discuss any of the issues you
are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions
(collectively, "Suggestions") provided by you to Nexus Grad with
respect to the app shall remain the sole and exclusive property
of Nexus Grad. Nexus Grad shall be free to use, copy, modify,
publish, or redistribute the Suggestions for any purpose and in
any way without any credit or any compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete
transparency into what is being set when you visit our site and
how it's being used. By using our app, registering an account, or
making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The
Services may contain links to other websites not operated or
controlled by Nexus Grad. We are not responsible for the content,
accuracy or opinions expressed in such websites, and such
websites are not investigated, monitored or checked for accuracy
or completeness by us. Please remember that when you use a link
to go from the Services to another website, our Terms &
Conditions are no longer in effect. Your browsing and interaction
on any other website, including those that have a link on our
platform, is subject to that website’s own rules and policies.
Such third parties may use their own cookies or other methods to
collect information about you.
Cookies
Nexus Grad uses "Cookies" to identify the areas of our website
that you have visited. A Cookie is a small piece of data stored
on your computer or mobile device by your web browser. We use
Cookies to enhance the performance and functionality of our app
but are non-essential to their use. However, without these
cookies, certain functionality like videos may become unavailable
or you would be required to enter your login details every time
you visit the app as we would not be able to remember that you
had logged in previously. Most web browsers can be set to disable
the use of Cookies. However, if you disable Cookies, you may not
be able to access functionality on our website correctly or at
all. We never place Personally Identifiable Information in
Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Nexus Grad may stop (permanently
or temporarily) providing the Service (or any features within the
Service) to you or to users generally at Nexus Grad’s sole
discretion, without prior notice to you. You may stop using the
Service at any time. You do not need to specifically inform Nexus
Grad when you stop using the Service. You acknowledge and agree
that if disables access to your account, you may be prevented
from accessing the Service, your account details or any files or
other materials which is contained in your account. If we decide
to change our Terms & Conditions, we will post those changes on
this page, and/or update the Terms & Conditions modification date
below.
Modifications to Our app
Nexus Grad reserves the right to modify, suspend or discontinue,
temporarily or permanently, the app or any service to which it
connects, with or without notice and without liability to you.
Updates to Our app
Nexus Grad may from time to time provide enhancements or
improvements to the features/ functionality of the app, which may
include patches, bug fixes, updates, upgrades and other
modifications ("Updates"). Updates may modify or delete certain
features and/or functionalities of the app. You agree that Nexus
Grad has no obligation to (i) provide any Updates, or (ii)
continue to provide or enable any particular features and/or
functionalities of the app to you. You further agree that all
Updates will be (i) deemed to constitute an integral part of the
app, and (ii) subject to the terms and conditions of this
Agreement.
Third-Party Services
We may display, include or make available third-party content
(including data, information, applications and other products
services) or provide links to third-party websites or services
("Third- Party Services"). You acknowledge and agree that Nexus
Grad shall not be responsible for any Third-Party Services,
including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other
aspect thereof. Nexus Grad does not assume and shall not have any
liability or responsibility to you or any other person or entity
for any Third-Party Services. Third-Party Services and links
thereto are provided solely as a convenience to you and you
access and use them entirely at your own risk and subject to such
third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or
Nexus Grad. Nexus Grad may, in its sole discretion, at any time
and for any or no reason, suspend or terminate this Agreement
with or without prior notice. This Agreement will terminate
immediately, without prior notice from Nexus Grad, in the event
that you fail to comply with any provision of this Agreement. You
may also terminate this Agreement by deleting the app and all
copies thereof from your computer. Upon termination of this
Agreement, you shall cease all use of the app and delete all
copies of the app from your computer. Termination of this
Agreement will not limit any of Nexus Grad's rights or remedies
at law or in equity in case of breach by you (during the term of
this Agreement) of any of your obligations under the present
Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe
any material on our app constitutes an infringement on your
copyright, please contact us setting forth the following
information: (a) a physical or electronic signature of the
copyright owner or a person authorized to act on his behalf; (b)
identification of the material that is claimed to be infringing;
(c) your contact information, including your address, telephone
number, and an email; (d) a statement by you that you have a good
faith belief that use of the material is not authorized by the
copyright owners; and (e) the a statement that the information in
the notification is accurate, and, under penalty of perjury you
are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Nexus Grad and its parents,
subsidiaries, affiliates, officers, employees, agents, partners
and licensors (if any) harmless from any claim or demand,
including reasonable attorneys' fees, due to or arising out of
your: (a) use of the app; (b) violation of this Agreement or any
law or regulation; or (c) violation of any right of a third party
No Warranties
The app is provided to you "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, Nexus Grad, on its
own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise,
with respect to the app, including all implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, Nexus Grad provides no warranty or
undertaking, and makes no representation of any kind that the app
will meet your requirements, achieve any intended results, be
compatible or work with any other software, , systems or
services, operate without interruption, meet any performance or
reliability standards or be error free or that any errors or
defects can or will be corrected. Without limiting the foregoing,
neither Nexus Grad nor any Nexus Grad's provider makes any
representation or warranty of any kind, express or implied: (i)
as to the operation or availability of the app, or the
information, content, and materials or products included thereon;
(ii) that the app will be uninterrupted or error-free; (iii) as
to the accuracy, reliability, or currency of any information or
content provided through the app; or (iv) that the app, its
servers, the content, or e-mails sent from or on behalf of Nexus
Grad are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components. Some jurisdictions do not
allow the exclusion of or limitations on implied warranties or
the limitations on the applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not
apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire
liability of Nexus Grad and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by you
for the app. To the maximum extent permitted by applicable law,
in no event shall Nexus Grad or its suppliers be liable for any
special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of
profits, for loss of data or other information, for business
interruption, for personal injury, for loss of privacy arising
out of or in any way related to the use of or inability to use
the app, third-party software and/or third-party hardware used
with the app, or otherwise in connection with any provision of
this Agreement), even if Nexus Grad or any supplier has been
advised of the possibility of such damages and even if the remedy
fails of its essential purpose. Some states/jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to
you.
Severability
If any provision of this Agreement is held to be unenforceable or
invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions
will continue in full force and effect. This Agreement, together
with the Privacy Policy and any other legal notices published by
Nexus Grad on the Services, shall constitute the entire agreement
between you and Nexus Grad concerning the Services. If any
provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Nexus
Grad's failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or
provision. YOU AND Nexus Grad AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Agreement shall
not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver
of a breach constitute waiver of any subsequent breach. o failure
to exercise, and no delay in exercising, on the part of either
party, any right or any power under this Agreement shall operate
as a waiver of that right or power. Nor shall any single or
partial exercise of any right or power under this Agreement
preclude further exercise of that or any other right granted
herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement
shall govern.
Amendments to this Agreement
Nexus Grad reserves the right, at its sole discretion, to modify
or replace this Agreement at any time. If a revision is material
we will provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be
determined at our sole discretion. By continuing to access or use
our app after any revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms,
you are no longer authorized to use Nexus Grad.
Entire Agreement
The Agreement constitutes the entire agreement between you and
Nexus Grad regarding your use of the app and supersedes all prior
and contemporaneous written or oral agreements between you and
Nexus Grad. You may be subject to additional terms and conditions
that apply when you use or purchase other Nexus Grad's services,
which Nexus Grad will provide to you at the time of such use or
purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make
changes to these Terms so that they accurately reflect our
Service and policies. Unless otherwise required by law, we will
notify you (for example, through our Service) before we make
changes to these Terms and give you an opportunity to review them
before they go into effect. Then, if you continue to use the
Service, you will be bound by the updated Terms. If you do not
want to agree to these or any updated Terms, you can delete your
account.
Intellectual Property
The app and its entire contents, features and functionality
(including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by Nexus Grad, its licensors or
other providers of such material and are protected by MY and
international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws. The
material may not be copied, modified, reproduced, downloaded or
distributed in any way, in whole or in part, without the express
prior written permission of Nexus Grad, unless and except as is
expressly provided in these Terms & Conditions. Any unauthorized
use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A
DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF
REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Nexus Grad's
INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any
dispute, action, or other controversy between you and Nexus Grad
concerning the Services or this agreement, whether in contract,
warranty, tort, statute, regulation, ordinance, or any other
legal or equitable basis. “Dispute” will be given the broadest
possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Nexus Grad must give the other
a Notice of Dispute, which is a written statement that sets forth
the name, address, and contact information of the party giving
it, the facts giving rise to the dispute, and the relief
requested. You must send any Notice of Dispute via email to:
[email protected] Nexus Grad will send any Notice of Dispute to
you by mail to your address if we have it, or otherwise to your
email address. You and Nexus Grad will attempt to resolve any
dispute through informal negotiation within sixty (60) days from
the date the Notice of Dispute is sent. After sixty (60) days,
you or Nexus Grad may commence arbitration.
Binding Arbitration
If you and Nexus Grad don’t resolve any dispute by informal
negotiation, any other effort to resolve the dispute will be
conducted exclusively by binding arbitration as described in this
section. You are giving up the right to litigate (or participate
in as a party or class member) all disputes in court before a
judge or jury. The dispute shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Either party may seek
any interim or preliminary injunctive relief from any court of
competent jurisdiction, as necessary to protect the party’s
rights or property pending the completion of arbitration. Any and
all legal, accounting, and other costs, fees, and expenses
incurred by the prevailing party shall be borne by the
non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative
suggestions, designs, photographs, information, advertisements,
data or proposals, including ideas for new or improved products,
services, features, technologies or promotions, you expressly
agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole
property of Nexus Grad without any compensation or credit to you
whatsoever. Nexus Grad and its affiliates shall have no
obligations with respect to such submissions or posts and may use
the ideas contained in such submissions or posts for any purposes
in any medium in perpetuity, including, but not limited to,
developing, manufacturing, and marketing products and services
using such ideas.
Promotions
Nexus Grad may, from time to time, include contests, promotions,
sweepstakes, or other activities (“Promotions”) that require you
to submit material or information concerning yourself. Please
note that all Promotions may be governed by separate rules that
may contain certain eligibility requirements, such as
restrictions as to age and geographic location. You are
responsible to read all Promotions rules to determine whether or
not you are eligible to participate. If you enter any Promotion,
you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods
or services on or through the Services, which terms and
conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect
price or with incorrect information due to typographical error,
we shall have the right to refuse or cancel any orders placed for
the product and/or service listed at the incorrect price. We
shall have the right to refuse or cancel any such order whether
or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and
your order is canceled, we shall immediately issue a credit to
your credit card account or other payment account in the amount
of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any
provision or portion of these Terms & Conditions to be
unenforceable, the remainder of these Terms & Conditions will
continue in full force and effect. Any waiver of any provision of
these Terms & Conditions will be effective only if in writing and
signed by an authorized representative of Nexus Grad. Nexus Grad
will be entitled to injunctive or other equitable relief (without
the obligations of posting any bond or surety) in the event of
any breach or anticipatory breach by you. Nexus Grad operates and
controls the Nexus Grad Service from its offices in MY. The
Service is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation. Accordingly, those
persons who choose to access the Nexus Grad Service from other
locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable. These Terms & Conditions (which
include and incorporate the Nexus Grad Privacy Policy) contains
the entire understanding, and supersedes all prior
understandings, between you and Nexus Grad concerning its subject
matter, and cannot be changed or modified by you. The section
headings used in this Agreement are for convenience only and will
not be given any legal import.
Disclaimer
Nexus Grad is not responsible for any content, code or any other
imprecision. Nexus Grad does not provide warranties or
guarantees. In no event shall Nexus Grad be liable for any
special, direct, indirect, consequential, or incidental damages
or any damages whatsoever, whether in an action of contract,
negligence or other tort, arising out of or in connection with
the use of the Service or the contents of the Service. The
Company reserves the right to make additions, deletions, or
modifications to the contents on the Service at any time without
prior notice. The Nexus Grad Service and its contents are
provided "as is" and "as available" without any warranty or
representations of any kind, whether express or implied. Nexus
Grad is a distributor and not a publisher of the content supplied
by third parties; as such, Nexus Grad exercises no editorial
control over such content and makes no warranty or representation
as to the accuracy, reliability or currency of any information,
content, service or merchandise provided through or accessible
via the Nexus Grad Service. Without limiting the foregoing, Nexus
Grad specifically disclaims all warranties and representations in
any content transmitted on or in connection with the Nexus Grad
Service or on sites that may appear as links on the Nexus Grad
Service, or in the products provided as a part of, or otherwise
in connection with, the Nexus Grad Service, including without
limitation any warranties of merchantability, fitness for a
particular purpose or non-infringement of third party rights. No
oral advice or written information given by Nexus Grad or any of
its affiliates, employees, officers, directors, agents, or the
like will create a warranty. Price and availability information
is subject to change without notice. Without limiting the
foregoing, Nexus Grad does not warrant that the Nexus Grad
Service will be uninterrupted, uncorrupted, timely, or
error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
• Via Email: hello@nexus-future.com
• Via Phone Number: +60137007249