NextGen and Student together shall be referred as the ‘Parties’.1
By using NextGen Website - including its products and services (hereinafter known as ‘the website’) you confirm that you have read, understood and agree to be bound by these Terms. By accessing or using any NextGen Website you also ratify that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms. If you do not agree to the Terms, you are not authorized to use the NextGen Website.
1.1. NextGen Website: NextGen Website will include all website and sub-domains currently owned or which might be purchased in the future by NextGen or its Affiliates. Below is an indicative list of the same;
1.2. NextGen Affiliates: For the purposes of these Terms, NextGen Affiliates shall include;
1.2.1. MyNextGen International Pvt LTD
1.4. Chargeback: It is a forced transaction reversal initiated by a student, using bank or payment gateway.
2. Website Registration: You shall be required to register with our website in order to use the services provided by NextGen. Protecting the confidentiality of your User Name and Password is solely your responsibility. You expressly agree to absolve the NextGen of any responsibility / liability in this regard.
3. Use of the Website: We offer NextGen Website globally, except Iraq and countries that are sanctioned by the UAE. Therefore, If you access or use the Website from these jurisdiction then you will be doing so at your own risk and you are solely responsible for the compliance with the local laws or any other applicable national and international laws, sanctions and regulations.
4. Regulated Use of NextGen Website:
4.1. NextGen Website is accessible from most parts of the world; however, NextGen does not provide its services to the residents in countries Iraq and others, which are currently under sanctions imposed by UAE or under the respective applicable laws. NextGen is not obliged to provide the complete list of sanctioned or prohibited countries, and therefore, Students are expected to do their own due diligence before using NextGen Website or Services offered by NextGen.
4.2. If a Student is resident of restricted countries then NextGen has the complete discretion to cancel such services as and when it comes to its attention and NextGen shall not have any obligation towards such Students. Such Students shall not have any right to seek refund from NextGen; however, NextGen has the discretion to whether or not return the package fee for such Students, depending upon the length of service used by the student.
5. General Duties of NextGen;
5.1. NextGen will always endeavour to ensure quality and timeliness of its services,
5.2. Student has the right to raise a complaint about service deficiencies in accordance with the Terms and other policies agreed between the Parties.
5.3. We always strive to provide quick and efficient student support services,
6. Student Support: For any Student Support Queries (account-related and payment-related questions), please submit a ticket to our Student Service department using the Student Service contact form available at www.MyNextGen.io. NextGen will use reasonable endeavours to respond to all Student Support Queries within a reasonable time frame but we make no promises that any Student Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
7. Disclaimers and Limit to Liability of NextGen:
7.1. You understand and agree that NextGen provides the Services on 'as-is', 'with all faults' and 'as available' basis. You agree that use of the NextGen Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company whether express or implied and expressly disclaim any and all representations and warranties as to the
7.1.1. Accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose;
7.1.2. That the Services will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected;
7.1.3. The quality of any services, content, information, data, or other material on the NextGen Website will meet your expectations or requirements;
7.1.4. Any errors in the NextGen Website shall be corrected;
7.1.5. Warranties against infringement of any third party intellectual property or proprietary rights; or other warranties relating to performance, non-performance, or other acts or omissions of the NextGen, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
7.1.6. NextGen does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. NextGen, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the NextGen Website or the Services, whether based in contract, tort, strict liability, or other theory, even if NextGen have been advised of the possibility of damages.
7.2. NextGen, its officers, managers, students, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of Services offered by NextGen, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by NextGen or the materials on the NextGen Website. The fact remains true despite the advice given to NextGen or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not be applicable to everyone since some jurisdictions do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
7.3. NextGen is not a Bank, Trading, Hedge fund, Brokerage or Investment Company, NextGen is an online Education Platform. NextGen is “NOT” FCA regulated, DSA registered, has any other financial certification or any insurance policy setup because being an Online Education Provider, it doesn’t require one. We do not have Investment, we do not have Investors, we do not have Deposits, we do not have ROI (Return on Investment), there is no Reinvestment and there is no guarantee of percentage on profit shared.
7.4. However in the event any exclusion contained herein be held to be invalid for any reason NextGen or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of NextGen or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding account set-up charges paid by you.
7.5. All NextGen students are required to have access to a Smart Phone with Internet and be able to instal and use Apps on their phone. Also they should be able to read and understand English to learn the education provided at www.MyNextGen.io.
7.6. In case there are five or less weeks remaining from the 52-week training period, the student shall not need to manually turn the cogwheel on. It shall happen automatically.
8. Limitation on Bringing Claim: Student and NextGen agree that any cause of action arising out of or related to use of the NextGen Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
9. Reserved Right to Modify Terms: Student agree that NextGen has the right to make changes, modifications, amendments, alterations or deletions of any content of these Terms at any given time. Due to timely updates, Students are expected to regularly visit the NextGen Website to identify revisions to which they are bound. Use of the NextGen Website after changes made, signifies acceptance, agreement and assent of the most recent version of the Terms and is therefore, bound by the updated Terms. When we make material changes to the Terms, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service or NextGen Website after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service or NextGen Website under the new version of the Terms, you may terminate your account by contacting us.
10. Intellectual Property Rights: Unless otherwise specified, all materials appearing on the NextGen Website, including the text, site design, logos, graphics, icons, and images, trademarks and other intellectual property assets as well as the selection, assembly and arrangement thereof, are the sole property of NextGen. You may use the content of NextGen Website only for the purpose of shopping on NextGen Website or placing an order on NextGen Website and for no other purpose. No materials from the NextGen Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission of the NextGen. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on NextGen Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11. Payment Methods: Please note that we accept wide range of payment methods that shall be available to you while registering to our website NextGen Website. Kindly note that these Payment Methods or Gateways options keeps on changing and therefore we do not guarantee that a specific Payment Method or Gateway will be available all time on our platform or NextGen Website.
12. Links to Other Website: The NextGen Website may contain links or pointers to other sites on the Internet that are owned and operated by Third Parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
12.1.2. NextGen is not responsible for the content or practices of any other website even if it links to the NextGen Website. You acknowledge and agree that NextGen is not responsible or liable to you for any content or other materials hosted and served from any website other than the NextGen Website.
14. NextGen Cancellation Policy: NextGen has a Cancellation Policy that forms a vital part of these Terms. For the updated version of our Cancellation Policy, please refer to our website www.MyNextGen.io
15. NextGen Refund Policy: NextGen has a Refund Policy that forms a vital part of these Terms. For the updated version of our Refund Policy, please refer to our website www.MyNextGen.io
16. Inaccuracies: In the event Services are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, NextGen shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. NextGen shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged or not. For further details, please refer to NextGen Cancellation and Refund Policy.
17. Site User Conduct: All users of the NextGen Website shall be minimum eighteen (18) years of age or older (as required by the applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement as per their local jurisdiction laws and regulations. In connection to the use of the NextGen Website and content, users are not allowed to:
17.1. Upload, post, e-mail, or otherwise transmit any:
17.1.1. Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
17.1.2. Content that does not give any right to users to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
17.1.3. Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
17.1.4. Unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
17.1.5. Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
17.2. Use the NextGen Website for any unlawful purpose;
17.3. Interfere with or disrupt the services and content of the NextGen Website,
17.4. Intentionally or unintentionally, violate any applicable local, state, national, or international law.
18. Disclaimer of Warranty: NextGen disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible pursuant to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the NextGen Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of the any content on the NextGen Website; any losses or damages; or any conduct by users of the NextGen Website, either online or offline. NextGen does not warrant or represent the use or results of the use of the services or materials on the NextGen Website in terms of correctness, accuracy, reliability, or otherwise. The users/clients or Students shall assume the entire cost of servicing, repair or correction.
19. Representation by Student:
19.1. The Student represents that they are legally eligible to enter into a contract as per the applicable law.
19.2. The Student represents that all the information provide by them during the purchase of any Service or subsequently is absolutely correct.
19.3. The Student agrees that they shall not make a copy or duplicate any part or content of the Services offered by NextGen, whether by recording the screen or otherwise. They shall not copy the content or the model of operation, the reward programme or any other part of business, or business in full to sell it under another branding or name.
19.4. The Student agrees that they shall not promote or partake in any other opportunity that is in direct or indirect conflict with NextGen.
19.5. The Student represents that they have read all the Terms and applicable policies and is in full compliant with them and shall remain so in the future.
20. Warranties and Indemnification by Student:
20.1. The Student has read all the Terms and other applicable policies and warrants that they are in full compliance with the applicable laws, rules, regulations and policies, and will remain so at all times during the term of agreement with NextGen and shall indemnify NextGen or its Affiliates if they breach any of the Representation made above in Clause 19 of these Terms.
20.2. In the event the Student is in breach or reasonably anticipated breach, of any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, NextGen will have the right immediately in its reasonable discretion, suspend any related Services if deemed reasonably necessary by NextGen to prevent any harm to NextGen or its business.
21. Autonomous Termination Rights of NextGen; NextGen has the unilateral right to termination or cancel the Student’s Services if NextGen reasonably believes that the Student was engaged or is engaged in below mentioned activities;
21.1. Activities causing damage to the goodwill, reputation or business of NextGen,
21.2. Student engaged in misrepresentation or fraud related to the Services offered by the NextGen,
21.3. Student has been charged for criminal misconduct in any jurisdiction/country,
21.4. If the Student initiates the Chargeback for the Services where such Chargeback to the best NextGen knowledge is not justified,
21.6. Student violates the provision of Clause 17 of these Terms, which provide for Site User Conduct,
21.7. Student violates any of the Intellectual Property Rights of NextGen, its Affiliates or business partners,
21.8. If the NextGen finds out that the registered Student is from the Restricted Countries as mentioned in Clause 4,
21.9. If the student has multiple (more than one) User ID,
21.10. If the student provides false, inaccurate or incomplete information; engagement to any conduct that would otherwise harm any of NextGen’ rights or interests in its website, products, services, or other property; or for any or no reason, can all be grounds for termination without prior notice.
22. Confidentiality and Non-Disclosure; The Student agrees to strictly abide by the NextGen Student Confidentiality and Non-Disclosure Agreement (hereinafter referred as the ‘NDA’). The said NDA shall form the integral part of agreement between the Parties. By using our website, you automatically agree not to share any of company’s or its student’s data with any third party. Please read NDA on our website
23. Force Majeure:
23.2. When affected by any such event, NextGen shall
23.2.1. Promptly notify Student of the occurrence of such an event and describe in reasonable detail the nature of the event, and
23.2.2. Use commercially reasonable efforts to resume performance of its obligations under these Terms as soon as reasonably practical.
24. No Waiver: No failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver of it, nor will any single or partial exercise of any right, power or privilege under the same preclude any other or further exercise of it or any other right, power or privilege under the Terms or otherwise.
25. Class Action Waiver: Where permitted under the applicable law, Student and NextGen agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Student and NextGen agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
26. Media Contact: The Student shall not speak, write or interact in any form with print, electronic, social and/or radio platforms/media, without the prior written permission of NextGen, making false claims or depicting NextGen in bad light hampering the reputation, goodwill and the trust of NextGen’ other students and partners in negative sense. If the Student makes a public statement in any form, whether written or oral, for which prior written permission was not provided by the NextGen than that shall be termed as a breach of the these Terms at the option of NextGen.
27. Governing Law of the Terms and Conditions: The governing law for these Terms shall be the laws of UAE.
28.1. The arbitration proceeding shall be administered by CIArb.
28.2. The Language of the arbitration proceeding, including any documentation submitted shall be English.
28.3. The Governing Law for the arbitration shall be UAE Federal Arbitration Law.
28.4. The Place of arbitration shall be UAE.
28.5. The arbitration award shall be final and binding on both Parties.
28.6. Entire arbitration proceeding, including oral hearing, notices, written submissions, interim orders or awards, final award and evidences produced shall be completely confidential.
29. Jurisdiction: Any dispute that is not arbitrable as per the applicable laws shall be submitted for the adjudication by the courts of jurisdiction where the Student is the lawful resident.
30.1. NextGen Student Confidentiality and NDA (Available at – www.MyNextGen.io)
30.2. NextGen Refund Policy (Available at – www.MyNextGen.io)
30.3. NextGen Cancellation Policy (Available at – www.MyNextGen.io)
32. Severability: If any Clause or specific part of a Clause of these Terms or applicable policies is held to be illegal, invalid or unenforceable, that Clause or part of a Clause shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but that shall not affect the legality, validity or enforceability of any other Clause of the Terms.
33. Prevailing Language: These Terms might be agreed between the Parties in more than one language apart from English. In the event of any dispute, the English version shall be prevailing in all matters related to these Terms between the Parties.
34. Counterparts: These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. These Terms may be delivered by email, and email copies of executed signature pages shall be binding as originals.
35. Disclaimer: We make every effort to ensure that we accurately represent our products and services and their potential for income. Income and Earning statements made by NextGen and its students are estimates of what we think you can possibly earn. Student understands and agrees that NextGen is a mere provider of market and financial information; however, it does not guarantee the accuracy, reliability and usefulness of the said information. The information provided by NextGen might not be appropriate for all users or Students and use of the same can result in a significant loss or additional liabilities. It is strongly advisable to users and Students to take help of financial and legal experts before basing their decisions on the information provided by NextGen.