Terms and conditions

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The Terms of Service sets forth the general terms and conditions of your use of the www.nextnova.org website ("Website" or "Service"), its subpages, and any of its related products and services (collectively "Services"). This Terms of Service is legally binding between you and the operator of this Website ("NextNova", or "we"). By accessing and using the Website and/or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Terms of Service.

 

If you are entering into this Terms of Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Terms of Service, in which case the term "you" shall refer to the aforesaid entity. If you do not have such authority, or if you do not agree with the terms contained herein, you must not accept these Terms of Service and may not access and use the Website and/or Services.

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Links to other resources

 

Although the Website and/or Services may link to other resources (such as websites, mobile applications, etc), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, NextNova may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and/or Services. Your linking to any other off-site resources is at your own risk.

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Prohibited uses

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In addition to other terms as set forth in the Terms of Service, you are prohibited from using the Website and/or Services or parts of the content thereof: -

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(a) for any unlawful purpose;

 

(b) to solicit others to perform or participate in any unlawful acts;

 

(c) to violate any local or foreign laws;

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(d) to infringe upon or violate our intellectual property rights ("IPRs") or the IPRs of others;

 

(e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

 

(f) to submit false or misleading information;

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(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and/or Services, third party products and services, or the Internet;

 

(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;

 

(i) for any obscene or immoral purpose; or

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(j) to interfere with or circumvent the security features of the Website and/or Services, third party products and services, or the internet.

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We reserve the right to terminate your use of the Website and/or Services for violating any of the prohibited uses.

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IPRs

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IPRs mean all present and/or future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other IPRs, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

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This Terms of Service does not transfer to you any intellectual property owned by NextNova or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with NextNova. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of NextNova or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and/or Services may be the trademarks of other third parties. Your use of the Website and/or Services grants you no right or license to reproduce or otherwise use any of NextNova or third-party trademarks.

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For the avoidance of doubt, the contents contained in the Website and/or Services are copyrighted under the Berne Convention for the Protection of Literary and Artistic Works. The ownership of the aforesaid lies with NextNova. Your use of the Website and/or Services grants you no right or license to reproduce or otherwise use any of the copyrighted materials without the express written consent of NextNova.

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Limitation of liability

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To the fullest extent permitted by applicable law, in no event will NextNova, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

 

To the maximum extent permitted by applicable law, the aggregate liability of NextNova and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to NextNova for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.

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Indemnification

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You agree to indemnify and hold NextNova and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and/or Services or any wilful misconduct on your part.

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Severability

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All rights and restrictions contained in this Terms of Service may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Terms of Service illegal, invalid or unenforceable. If any provision or portion of any provision of this Terms of Service shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall remain in full force and effect.

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Dispute resolution

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The formation, interpretation, and performance of this Terms of Service and any disputes arising out of it shall be governed by the substantive and procedural laws of the Hong Kong SAR without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Hong Kong.

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For any dispute, controversy, difference or claim arising out of or relating to the Website and/or Services, you hereby agree to dispute resolution first by way of mediation (with Hong Kong as the forum). Failing which, you agree to refer the same to and finally resolve by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be in Hong Kong. The arbitration proceedings shall be conducted in English.

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Changes and amendments

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We reserve the right to modify this Terms of Service at any time, effective upon posting of an updated version of this Terms of Service on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and/or Services after any such changes shall constitute your consent to such changes.

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Acceptance of these terms

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You acknowledge that you have read this Terms of Service and agree to all its terms and conditions. By accessing and using the Website and/or Services you agree to be bound by this Terms of Service. If you do not agree to abide by any of the terms of this Terms of Service, you are not authorised to access or use the Website and/or Services.

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Contacting us

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If you have any questions about the above, please contact us.

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This Terms of Service was last updated on 19 September 2023.