Terms & Condidtions

This agreement applies as between you, the User of this website (www.nexusingredient.com) and Nexus Ingredient  (hereinafter referred to as “Nexus Ingredient” or “we”), the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

1. Intellectual Property
   • All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Nexus Ingredient, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Australian and international intellectual property and other relevant laws.
   • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Nexus Ingredient.

2. Prohibited Uses
   • You may use our website only for lawful purposes. You may not use our website:
     • in any way that breaches any applicable local or international laws or regulations;
     • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
     • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
     • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   • You also agree:
     • not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
     • not to access without authority, interfere with, damage, or disrupt:
     • any part of our website;
     • any equipment or network on which our website is stored;
     • any software used in the provision of our website; or
     • any equipment or network or software owned or used by any third party.

3. Restrictions
   • Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
     • not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
     • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
     • not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
     • to include our copyright notice on all entire and partial copies you make of our website on any medium;
     • to comply with all applicable technology control or export laws and regulations; and
     • not to disrupt, disable, or otherwise impair the proper working of the Services, our website or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

4. Links to Other websites

This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Nexus Ingredient or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

5. Privacy
   • For the purposes of applicable data protection legislation, Nexus Ingredient will process any personal data you have provided to it in accordance Privacy Policy available on the Nexus Ingredient website or on request from Nexus Ingredient.
   • You agree that, if you have provided Nexus Ingredient with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Nexus Ingredient and (b) that you have brought to the attention of any such third party the Privacy Notice available on the Nexus Ingredient website or otherwise provided a copy of it to the third party.
   • You agree to indemnify Nexus Ingredient in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

6. Disclaimer
   • Nexus Ingredient operates all services with the greatest possible care and reliability. It does not guarantee that the services are accessible without interruption and that the services or the desired connections are always accessible. This also applies in the event of disruptions occurring in the public telecommunications network between participants and the donation portal dial-in point and in the event of disruptions occurring in national and international network areas not operated by the donation portal.
   • Nexus Ingredient shall be liable without limitation in the event of intent, fraudulent intent and gross negligence on the part of Nexus Ingredient, as well as in the event of personal injury as a result of Nexus Ingredient’ actions.
   • In the event of a negligent breach of essential contractual obligations, Nexus Ingredient’ liability is limited to the amount of the typical and foreseeable damage. Nexus Ingredient’ obligations in this sense are the contractual main performance obligations, the fulfilment of which enable the proper execution of the contract concluded between Nexus Ingredient and the donor. In this case, however, Nexus Ingredient shall not be liable for lost profit, indirect damage, consequential harm caused by a defect and/or claims by third parties.
   • For all other cases, the liability of Nexus Ingredient is excluded.

7. Blog
   • Nexus Ingredient blog and its contents have been compiled with the greatest possible care. However, Nexus Ingredient does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our blog.
   • Liability claims against Nexus Ingredient, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of Nexus Ingredient.
   • Nexus Ingredient expressly reserves the right to change, supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
   • All data is published conscientiously but without guarantee.
   • Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction and translation, are reserved and require the written consent of Nexus Ingredient. Unauthorised use, even of extracts, will be prosecuted.

8. Limitation of Liability
   • To the maximum extent permitted by law, Nexus Ingredient accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
   • Nothing in these terms and conditions excludes or restricts Nexus Ingredient’ liability for death or personal injury resulting from any negligence or fraud on the part of Nexus Ingredient.
   • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Law and Jurisdiction

These terms and conditions and the relationship between you and Nexus Ingredient shall be governed by and construed in accordance with the Law of Australia and Nexus Ingredient and you agree to submit to the exclusive jurisdiction of the Courts of Victoria.