Terms of Service:
Welcome to NEXQAF. These Terms of Service (“Terms”) govern your access to and use of our website located at https://www.nexqaf.com (“Site”) and the services we provide (“Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.
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Acceptance of Terms
By accessing our website or using our Services, you agree to comply with these Terms and any applicable laws and regulations. If you are using the Site on behalf of an organization, you confirm that you are authorized to accept these Terms on behalf of that organization.
You must be at least 13 years of age to use our Services. If you are under 18, you confirm that you have parental or guardian consent to use our Services.
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Changes to Terms
We may update or modify these Terms at any time. We will notify users of material changes (including changes to pricing, key service features, or liability provisions) by posting an update on this page and/or via email notification at least 30 days before such changes take effect. Continued use of the Site after any such changes constitutes your acceptance of the revised Terms.
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Use of the Site and Services
3.1 Permitted Use
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms.
3.2 Prohibited Activities
You are expressly prohibited from:
- Violating any applicable laws or regulations
- Infringing on our or any third party’s intellectual property rights
- Uploading, transmitting, or distributing malicious code, viruses, or any harmful software
- Attempting unauthorized access to restricted areas of the Site or our systems
- Using the Site to transmit spam, unsolicited messages, or promotional materials
- Engaging in any activity that could damage, disable, or impair our Services
- Impersonating any person or entity or misrepresenting your affiliation
- Harvesting or collecting user information without consent
- Using automated systems or bots to access the Services without permission
- Engaging in any fraudulent, abusive, or illegal activities
3.3 Account Security
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
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Intellectual Property Rights
4.1 Our Content
All content on the Site, including but not limited to text, graphics, logos, images, software, designs, trademarks, and copyrighted materials, is the property of NEXQAF or its licensors and is protected by UK and international intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal or business purposes in accordance with these Terms.
4.3 Restrictions
You may not reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, or transmit any content without our express written permission, except as permitted by law or these Terms.
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Service Availability
5.1 Availability
We strive to maintain continuous availability of our Services but cannot guarantee uninterrupted access. We may suspend or discontinue Services temporarily for maintenance, updates, or technical issues.
5.2 Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice where practicable.
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Third-Party Links and Services
Our Site may contain links to third-party websites, applications, or services. NEXQAF is not responsible for the content, policies, practices, or availability of any third-party sites or services. We encourage you to read the terms and privacy policies of any third-party sites you visit.
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Limitation of Liability
7.1 Limitation
To the maximum extent permitted by English law, NEXQAF shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Site or Services.
7.2 Cap on Liability
Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the amount you have paid us in the 12 months preceding the claim, or £100, whichever is greater.
7.3 Consumer Rights
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under English law. If you are a consumer, your statutory rights under UK consumer protection laws are not affected.
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Disclaimer of Warranties
The Site and Services are provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and satisfactory quality. We do not warrant that the Site will be uninterrupted, error-free, or secure.
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Indemnification
You agree to defend, indemnify, and hold harmless NEXQAF, its subsidiaries, affiliates, directors, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from:
Your use of or access to the Site or Services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property, privacy, or data protection rights
Any User Content you submit or transmit through our Services
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Termination
10.1 Termination by Us
We reserve the right to terminate or suspend your access to the Site or Services immediately, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.
10.2 Termination by You
You may terminate your use of our Services at any time by discontinuing use of the Site and, if applicable, closing your account.
10.3 Effect of Termination
Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will remain in effect.
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Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
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Dispute Resolution
12.1 Informal Resolution
Before initiating any formal proceedings, we encourage you to contact us to seek a resolution of any disputes.
12.2 Mandatory Arbitration
Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA), with the seat of arbitration in London, England.
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Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms, except where you are a consumer resident in Scotland or Northern Ireland, in which case you may bring proceedings in your local courts.
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General Provisions
14.1 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.2 Entire Agreement
These Terms constitute the entire agreement between you and NEXQAF regarding your use of our Services and supersede all prior agreements and understandings.
14.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder. We may assign these Terms without restriction.
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Contact Information
If you have any questions about these Terms, please contact us:
📧 Email: contact@nexqaf.com
🌐 Website: https://www.nexqaf.com
📍 Address: [B1 1TB, West Midlands, Birmingham, United Kingdom)]