Terms of Service - Nextboards
NGV terms of service, NGV privacy policy, nextboards terms of use
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These Terms are valid as per 15th of November 2017.

NGV PRIVACY POLICY

 

By using NGV Site, you also agree to NGV’s Privacy policy that is also a part of NGV’s Terms of use and “End user license Agreement” document .

If you do not agree with this Privacy policy, NGV kindly ask you not to use the NGV’s Services.

Since NGV respects Privacy and will resolve all the issues with regards to it.

NGV is the sole owner of the information collected on this site. NGV will not sell, share, or rent this information to any outside parties, except as outlined in this policy. NGV collects information from our users at several different points on our NGV site in order to process orders and better serve you with pertinent information. Information collected includes name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as credit card.

All information, collected through NGV’s Site are used strictly and solely for – analysis, development and improvement of individual functions within the Service – providing technical support to you with regards to Service

We will use statistical data that may be connected with your device ID only for our internal purposes of developing, delivering, improving, personalizing and tailoring our products, services, content, and understanding and analyzing trends in connection with the usage of the Service, and administering the Service and customer communications. NGV also requires you to submit a user name and password of your choice for future access to your information. Your user name and password is to remain confidential and you should not share this information with anyone.

NGV collects both personal information and non-personal information that you provide to us, including personal information that may be contained in any video, comment, or other submission you upload or post to the Services. “Personal information” is information that identifies you and can be used alone to contact you online or offline. NGV may collect Personal information from you in the context of:

 

  • Account registration and administration of your user account.
  • Customer support and technical assistance.
  • Processing your services offered by NGV.
  • Registration for your NGV Services.
  • Providing updates to you regarding your NGV Services.
  • Newsletter subscriptions.
  • Access to NGV Services or third party services.
  • Other uses of the Services where Personal information is requested for use and/or participation.

 

NGV may also ask for “non-Personal information,” i.e., information that, alone, cannot be used to identify or contact you. You may be asked to submit non-Personal information with Personal information or separately. Such information may include IP address, profile information, aggregate user data, preferences, technical session information, browser type, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data including log files, server logs, clickstream data, and other data such as your location, where enabled, and language preference. User IP addresses are recorded for security and monitoring purposes. If you arrived at NGV Site via a link from another webpage, NGV may receive aggregate or otherwise anonymous statistical information about your visit to the site. NGV monitors customer traffic patterns and site usage to help develop the design and layout of the site, and to improve the content of website. NGV may combine this automatically collected and other non-Personal information with Personal information, in which case NGV will treat the combined information as Personal information under this Privacy Policy.

Except as otherwise stated in this Privacy Policy, NGV does not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. NGV shares Personal Information with vendors who are performing services for NGV.

NGV may disclose to parties outside NGV collected information when NGV has a good faith belief that disclosure is reasonably necessary to (i) comply with a law, regulation, or compulsory legal request, (ii) protect the safety of any person from death or serious bodily injury, (iii) prevent fraud or misuse of Service or its users, or (iv) to protect NGV’s property rights.

In general, the Personal Information you provide to NGV is used to help communicate with you. For example, NGV uses Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

In general, NGV uses Non-Personal Information to help improve the Service and customize the user experience. This Privacy Policy does not limit in any way NGV’s use or disclosure of Non-Personal Information and NGV reserves the right to use and disclose such Non-Personal Information to our partners, advertisers and other trusted third parties only to perform these tasks on NGV’s behalf. These third parties may have access to the collected information only for the purposes of performing these tasks on NGV’s behalf, and will be under the same obligations as NGV in protecting the collected information. Some of these employees, contractors, trusted third parties and affiliated organizations may be located outside of your home country; by using NGV Service, you consent to the transfer of such information to them.

In the event NGV undergoes a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, yours Personal and Non-personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of NGV’s assets may continue to process your Personal and Non personal Information as set forth in this Privacy Policy.

If NGV’S information practices change at any time in the future, NGV will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

This website uses the Google AdWords, Google Analytics, Facebook and Youtube service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who have not completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the NEXTBOARDS.COM website. Of course, any data collected will be used in accordance with our own privacy policy.

Alternatively, you can opt out of a third-party vendor’s use of cookies by visiting Settings pages. By using this site, you represent that you are eligible to use this Site and services as NGV’S Terms of use require.

Certain Services may enable you to publish or share publicly with others content you have generated or obtained from other sources (“User Content”). You retain all Intellectual property rights you already hold under applicable law in User Content you publish or share through the Products and Services, subject to the rights, licenses, and other terms of this Privacy Policy and Terms of Use, including any underlying rights of others in any User Content that you may use or modify. You grant to NGV, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), modify, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of the User Content you publish or share through Site (and derivative works thereof), solely for the purpose of providing the Products and Services to you. Each time you publish or share any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you publish or share, and that, in regard to that User Content, (a) you are the sole author and owner of the Intellectual property and other rights to the User Content, or you have a lawful right to publish and share the User Content and grant NGV the right to use it as described in this Section, all without any NGV obligation to obtain consent of any third party and without creating any obligation or liability of NGV ; (b) the User Content is accurate; (c) the User Content does not and, as to Products and Services permitted uses and exploitation set forth in this Policy and Terms of use, will not infringe any Intellectual property or other right of any third party; and (d) the User Content will not violate this Privacy Policy and Terms of use or cause injury or harm to any person.

When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.

Certain content, products and services available via NGV Service may include materials from third parties (»Linked Sites«). Linked Sites may direct you to third-party websites that are not affiliated with NGV. NGV is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Linked Sites are not under the control of NGV, NGV provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with NGV . NGV is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

NGV Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

You agree to indemnify NGV, our partners, officers, agents and others related to NGV for any claim from third party that could arise from your use of our websites or your violation of this Privacy Policy.

You agree to indemnify, defend and hold harmless NGV, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use our Products and Services, any user postings made by you, your violation of any terms of this Privacy Policy or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

NGV reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

NGV is not responsible if information made available on NGV site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

NGV is not responsible if information made available on NGV site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

NGV’s services are controlled, operated and administered by NGV from our offices within the EU.

If you access our services from a location outside the EU, you are responsible for compliance with all local laws. You agree that you will not use our services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

NGV stores your information for as long as needed to provide you with Services. NGV may store information longer, but only in a way that it cannot be tracked back to you. NGV deletes the information as soon as they are not needed for providing our services.

Traffic information is erased or made anonymous when it is no longer needed for the purpose of the transmission or, in the case of payable services, up to the end of the period during which the bill may lawfully be challenged or payment pursued. Location information is stored to the extent and for the duration necessary for providing Services. Cookies, direct marketing and provision of value-added services information (including traffic information used for these purposes) is stored as long as the same is necessary for the provision of these activities, or up to the time when a user opts out from such use in accordance with this Privacy Policy and the “Access to Personal Information” section herein. This section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary in order for NGV to provide the service you requested.

When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.

If your name, e-mail or postal address, telephone number or other personal information changes, you may update, correct or omit the relevant information by contacting NGV customer service at nextboards@nextboards.com.

If you prefer not to receive newsletters or other marketing e-mails from NGV please let us know by clicking on the unsubscribe link within any newsletter or marketing e-mail you receive.

If you wish for your personal data to be completely removed from NGV’s systems, please send deletion request to the email address nextboards@nextboards.com.

You understand that by using Service, those who are in a workspace with you, will be able to identify you by your profile.

You may change or remove Your profile information displayed through our Service at any time by going to Your profile and editing Your information. However, if You want to change the personal information we hold about You in our systems, You will need email Your request to nextboards@nextboards.com. Please be sure to include in any e-mail your full name, e-mail address, and any message. Please note that such requests may take up to ten (10) days to become effective.

If You want to stop using Your account You may deactivate it. When You deactivate an account, You will not be able to use our Sites or Services and Your information will not be capable of being viewed through our sites. However, even after You deactivate Your account, copies of Your information including but not limited to name and email address may be retained by us as backup copies for legal and compliance reasons, or to retain audit trail.

 

These Terms are valid as per 15th of November 2017.

 

TERMS AND CONDITIONS FOR PRE-ORDER

 

Pre-order is placing orders in advance and requires a down payment and these Terms are part of Terms of Service by NGV. Please read these Terms carefully before submitting your Pre-Order of any NGV Products. By submitting your Pre-Order, you agree to be legally bound by these terms.

When placing a Pre-Order for Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. NGV shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to nextboards@nextboards.com.

You will be charged 100% of the full purchase Price of the Product at the time of placing the Pre-Order (preorder price). The Price does exclude VAT, battery, charger and shipping (EXW-Ljubljana, Slovenia), all other taxes, customs and other applicable taxes in your country are your responsibility. The preorder price of the Product as indicated on our web, is not subject to change. However, if prior to production of the Product there will be significant changes we will inform you about them.

You may cancel the Pre-Order for any or no reason 15 days prior to Production date which will be communicated to you over email. If you do so prior to our notice, you will obtain a refund of the deposit. If NGV cancels your reservation you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee). If you cancel after notice on Production date, your deposit will be retained for covering already incurred costs for production and administration.

 

When you confirm our notice on Production date, your Preorder will be considered as Order and you shall be bound by Terms of Sale. However, the Product becomes Non cancelable, non returnable as you confirm our notice on Production date.

If you return the Product due to damages or dysfunctionalities, we will refund you in accordance with our Terms of sale.

The sale to other EU countries will be subject to the 0% VAT rate in the Slovenia, provided that you will provide NGV on the day of pickup, with the relevant documents to support the application of the 0% VAT rate in Slovenia. The following documents are requested from customer:

1. A valid VAT number that we can check: http://ec.europa.eu/taxation_customs/vies/vatResponse.html. If the above number is not provided, NGV is entitled to an adjusted invoice with the Slovenian VAT (22%) amount due on the sale.

The export sale (Non-EU countries) will be subject to the 0% VAT rate in Slovenia, provided that you will provide NGV within 30 days after pick-up with proof-of-export documents. The proof-of-export documents consist of:

1. Signed CMR for transport from Slovenia to destination country
2. Copy of import documents into destination country. If the above documents are not provided within the agreed timeframe, NGV is entitled to an adjusted invoice with the Slovenian VAT (22%) amount due on the sale.

NGV will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with these Terms, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations.

The expected shipping date provided is only an estimate and is subject to change. Since NGV uses EX WORKS INCOTERMS 2010, Ljubljana, you are responsible for picking up the Product in one week after our notice that your Product is ready for delivery. If you are unable to make a pickup within the specified period, please contact NGV to request additional time, which NGV may grant at its sole discretion. If you are unable to make the pickup within the additionally granted period, your deposit will not be refunded and the Products will be made available for sale to other customers.

Upon this Terms NGV does not represent or warrant that it will be able to ship the Product by the estimated date, until your Pre-order becomes an Order as defined above. You hereby accept that currently we are not able to commit to a fixed shipping or delivery date and you will be notified of updates to the same in due course. In the event that a delay arises for any reason, foreseen or unforeseen, and the estimated shipment and/or release dates for the Product are not met, we will not be responsible for any damages that may occur due to the delay or cancellation of the Product, and we will not be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays or cancellations.

You expressly acknowledge and understand that we make no representations or warranties that we will ship a Product.

In the event of any failure to deliver a Product, refunds will be offered. If we cannot deliver the Products you Pre-Ordered, you will receive an email from us at your registered email address informing you that your Pre-Order has been cancelled and we will refund the total Pre-Order deposit payment you have made in accordance with the rules of our payment processor.

UNDER NO CIRCUMSTANCES WILL NGV BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT NGV IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

The purchase of the Products is subject to additional terms and conditions provided by NGV, including privacy issues and in respect of intellectual property embodied in the Products or data collected by the Products. The current Terms of use, including Privacy Policy can be found at nextboards.com and are subject to change without notice and these Terms are part of Terms of use. Your Pre-order of the Product will be subject to these Terms, unless otherwise stipulated.

NGV DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY NGV WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PREORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN THESE TERMS.

NGV reserves the right to change any of the terms for any or no reason.

These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. If these Terms and Terms of Use collide in some clauses, these Terms prevail.

These Terms shall be governed by and shall be construed in accordance with the laws of the Republic of Slovenia. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Ljubljana. You may not assign any of the rights granted to you hereunder.

 

These Terms are valid as per 15th of November 2017.

 

TERMS AND CONDITIONS OF SALE

 

These terms and conditions govern the Sale and Purchase of Products (“Products”) and the provision of services (“Services”) by NGV (referred to as SELLER). and its divisions, subsidiaries and affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Terms”) take precedence over your supplemental or conflicting terms and conditions to which notice of objection is hereby given. Your acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the Terms contained herein. THESE TERMS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.

 

ORDER

 

You are bound by these Terms after you confirm SELLER’s Final price sheet and Production date notification you received via e-mail you provided SELLER with when you preordered Product.

 

PRICES AND PAYMENT

 

Prices that you received in Final Price sheet and Pickup Date notification are valid and SELLER has to receive your full payment before SELLER ships. You can pay with a pre-arranged payment method as defined in Final Price Sheet and Pickup date notification.

 

PICKUP AND TITLE, SHIPPING

 

All deliveries will be made EXW (Ex Works as defined in Incoterms 2000) Seller’s facility. Subject to Seller’s right of stoppage in transit, pickup of the Products to the carrier shall constitute pickup to You and title and risk of loss shall thereupon pass to You. Selection of the carrier and pickup route shall be made by Seller unless specified by You. You acknowledge that pickup dates provided by Seller are estimates only and Seller shall not be liable for delays in pickup or for failure to perform due to causes beyond the reasonable control of Seller nor shall the carrier be deemed an agent of Seller. In the event of delay caused by such event, the date of pickup shall be extended for a period equal to the time lost as a consequence of the delay in pickup without subjecting Seller to any liability or penalty. If the Products perished while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Pickup of a quantity, which varies from the quantity specified, shall not relieve You of the obligation to accept pickup and pay for the Products picked up. Delay in pickup of one installment shall not entitle You to cancel other installments.

For all orders shipments may be subject to import fees and taxes which are due on arrival. It’s impossible for SELLER to determine these charges as they vary from country to country and state to state. If you need any detailed information about these charges please contact your local customs office.

 

USE OF DATA

 

By registering to the SELLER web page, you give SELLER consent to store, process and use personal data, submitted through a web form, until withdrawal, for the following purposes: sending the informing about new and special offers by telephone, in writing or electronically, inviting to events, customer segmentation, conducting surveys, statistical analyses. Processing of your personal data is in accordance with SELLER privacy policy and valid legislation.

SELLER is provided a limited license to your data for the sole and exclusive purpose of providing the services for your order placing, including a license to collect, process, store, generate, and display your data only to the extent necessary in the providing of the Services. SELLER shall: (a) keep and maintain your data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in these Terms and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose your data solely and exclusively for the purpose of providing the services, such use and disclosure being in accordance with these Terms and the applicable law; and, (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make available your data for SELLER’s own purposes, or for the benefit of anyone other than you without your prior written consent.

SELLER Privacy Policy is published at nextboards.com and incorporated herein by this reference.

 

WARRANTY

 

SELLER warrants that Products thereof will be free of defects in workmanship and materials for a term of one year (unless local legislation requires differently) from the date of pickup, otherwise they are NCNR (Non-Cancelable, Non-Returnable) Products.

SELLER will, without charge, repair or replace, at it’s option a Product defective due to manufacturing defect upon pickup to the SELLER Service Department if accompanied by proof of the date of pickup, such as a verified warranty or sales receipt. Before sending the Product to repair, please contact us via email: nextboards@nextboards.com. This will ensure the fastest turnaround time on any repair.

This Warranty does not apply to (w) SELLER Products you purchase from unauthorized resellers; (x) where the instructions for use of Product are not complied with; (y) where Product is used in contrary with instructions to use and safety instructions; or (z) where Product is damaged as a result of abuse, accident, unauthorized modification or other causes beyond SELLER reasonable control.

Instructions for safe and proper use are always available per request via e-mail: nextboards@nextboards.com.

 

LIMITATION OF LIABILITY

 

SELLER SHALL HAVE NO LIABILITY TOWARDS YOU BEYOND THE EXPRESS TERMS OF SUCH MANUFACTURER PRODUCT WARRANTIES. SELLER ASSUMES NO LIABILITY FOR THE QUALITY OF THE WORK PERFORMED OR SERVICES RENDERED BY THIRD PARTY VENDORS/SERVICE PROVIDERS. IT IS YOUR OBLIGATION TO REQUEST COPIES OF ANY APPLICABLE MANUFACTURER WARRANTIES AND YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH WARRANTIES UPON ACCEPTANCE OF THE PRODUCTS AND/OR SERVICES.

Seller’s exclusive obligations with respect to a non-conforming Product or Service shall be, at Seller’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to You the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of Seller for all claims shall not exceed the sum of your payments for the Products or Services which are the subject of the dispute and the foregoing is your sole and exclusive remedy for all claims under this Section.

THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY SELLER IN CONNECTION WITH THE PRODUCTS AND SERVICES, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Replacement Products shall be warranted as set forth above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section for the remainder of the manufacturer’s warranty period. No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.

YOU SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED YOU’S PURCHASE PRICE FOR THE PRODUCT GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SELLER SHALL NOT BE LIABLE FOR AND YOU SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON SELLER’S COMPLIANCE WITH YOU’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN SELLER, OR USE IN COMBINATION WITH OTHER PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE STATE OR PROVINCIAL LAW, YOU AGREES THAT SELLER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.

(g) You acknowledges that this Agreement was entered into at arms length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and You explicitly disclaims and waives any claim with respect thereto.

 

RETURN POLICY

 

All Products are NCNR (Non-Cancelable, Non-Returnable) Products, except in cases of manufacturing defect. Shipments will be deemed to have been accepted by you upon pickup of the said shipments to you unless rejected upon receipt. You shall perform whatever inspection or tests you deem necessary as promptly as possible but in no event later than five (5) days after receipt, after which time you will be deemed to have irrevocably accepted the Products. Any discrepancy in shipment quantity must be reported within five (5) working days of receipt of the Products. Any Product returns due to manufacturing defect shall be subject to compliance with Seller’s Return Merchandise Authorization (“RMA”) policies and procedures, which are available upon request. Returned Products must be in the original manufacturer’s sealed packaging and conform to minimum package quantity (“MPQ”) requirements. Products not eligible for return shall be returned to you freight collect.

 

INTELLECTUAL PROPERTY

 

If any Product includes software or other intellectual property, such software or other intellectual property is provided by Seller to you subject to the copyright and user license only fort he purpose of use of Product. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by these Terms. Software is made available “as is”. SELLER makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

SELLER PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN SELLER UNLESS SELLER AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY SELLER . SELLER PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY SELLER

You agree that SELLER owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Products and Services, including, but not limited to invention, discovery, concept, expression or work, whether or not patented or patentable, including, without limitation, discoveries, compositions, know-how, procedures, technical information, processes, methods, devices, formulas, protocols, techniques, designs and drawings, any physical embodiment thereof, and any patent (and applications therefore), copyrights (and applications therefore), trademarks, industrial designs and utility models, trade secret or other intellectual property right related thereto, including each party’s Confidential Information and trade secrets.

 

EXPORT CONTROL

 

SELLER Products thereof supplied by SELLER under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries’ laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of SELLER Products and will obtain all required Slovenian and other local authorizations, permits, or licenses. SELLER and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export SELLER Product without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom SELLER is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Products to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any SELLER Product with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Products. You shall defend, indemnify, and hold SELLER harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Section.

You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

 

GOVERNING LAW, APPLICABLE LAW AND COMPETENT COURT

 

Place of fulfilment and performance for any obligation arising in context with our deliveries is Ljubljana, Slovenia.

The place of jurisdiction shall be Ljubljana, Slovenia and its competent courts.

Governing Law shall be the law of Slovenia with the exclusion of international conflict of law’s provisions thereof and with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 

These Terms are valid as per 15th of November 2017.

 

TERMS AND CONDITIONS OF USE

 

NGV d.o.o. (“NGV “) provides its services through www.nextboards.com and any other website for which NGV owns the domain registration (the “Site”), its proprietary platform and the services made available by NGV therein, including the NGV Network, mobile applications and data connectivity and storage services allowing you to use our software running on a supported platform that allow you to access the NGV services (collectively, the “Service”) through registered access to account.

1. Acceptance of the TOU

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU”) ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use NGV Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions (“Product-Specific Terms”). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product Specific Terms will take precedence with respect to your use of or access to that area of the Service.
These TOU comprise also
Privacy policy
End User License Agreement

 

ELECTRONIC COMMUNICATIONS

 

When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that NGV provides to you electronically satisfy any legal requirement that such communications be in writing.

 

LIMITATION OF LIABILITY

 

NGV, NGV’s affiliates, NGV’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by NGV and its partners, or stored or hosted by NGV in connection with a Service NGV provides.

THE NGV SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NGV SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

NGV’S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER NGV NOR NGV’S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PSERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED.

WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.

Software is made available “as is”. NGV makes no warranties, conditions, accompanying documentation) as to any matter including (without limitation) performance, results, security, non-infringement, merchantability, integration, quiet enjoyment, features, expectations, satisfactory quality or fitness for any particular purpose.

NGV PROVIDES NO WARRANTY REGARDING AND WILL HAVE NO RESPONSIBILITY FOR ANY CLAIM ARAISING OUT OF: (I) USE OF SOFTWARE IN CONTRARY WITH PROVISIONS OF THIS TERMS AND CONDTIONS OR IT’S PURPOSE (II) MODIFICATION OF SOFTWARE MADE BY ANYONE OTHER THAN NGV UNLESS NGV AUTHORISED SUCH MODIFICATION (III) DAMAGES DUE TO IMPROPER OR SLOPPY USE (IV) USE OF SOFTWARE IN COMBINATION WITH ANY OPERATING SYSTEM OR ANY SOFTWARE OR/ANDHARDWARE NOT AUTHORISED OR FORBIDDEN BY NGV. NGV PROVIDES NO WARRANTY AND WILL HAVE NO RESPONSIBILITY FOR (I) OPERATION OF SOFTWARE TO BE UNINTERRUPTED (II) OPERATION OF SOFTWARE TO BE ERROR FREE (III) THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET REQUIREMENTS (IV) THAT SOFTWARE WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE, EXCEPT SOFTWARE AND FARWARE AUTHORISED BY NGV

NGV shall not be liable whether in tort (including for negligence or breach of statutory duty),contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this TOU; and NGV’s total aggregate liability in contract, including in respect of the indemnity tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount of the payments received for the products in question.

 

NOTICE REGARDING NGV SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY.

 

Your use of NGV Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. NGV IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TOPOOR, NONE OR EXTENSIVE LACK OF COVERAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NGV 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 SOFTWARE.

 

LICENSE AND INTELLECTUAL PROPERTY

 

You agree that NGV owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You shall take reasonable precautions to prevent unauthorized access and use of the Software and documentation by third parties. You can’t let any third party copy, decompile, disassemble, or otherwise reverse-engineer Software, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. NGV reserves all rights in webpages and Services not specifically granted to you under these Terms.

NGV grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by NGV or its licensors, suppliers, publishers, rights holders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NGV without express written consent. You may not use any meta tags or any other “hidden text” utilizing NGV name or trademarks without the express written consent.

 

EXPORT CONTROL

 

NGV Service thereof supplied by NGV under these Terms are subject to export controls under the laws and regulations of the Republic of Slovenia (“Slovenia”) and any other applicable countries’ laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of NGV Service and will obtain all required Slovenian and other local authorizations, permits, or licenses. NGV and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export NGV Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals. You certify that you are not a person with whom NGV is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any NGV Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity.. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold NGV harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.

 

INTELLECTUAL PROPERTY

 

You also represent and warrant that your officers, employees and agents shall comply with the anticorruption laws of your resident country and Laws of Republic of Slovenia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.

 

SEVERABILITY

 

In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These TOU are effective unless and until terminated by either you or NGV. You may terminate these TOU at any time by notifying us that you no longer wish to use NGV’S Services, or when you cease using NGV’S sites. If in NGV’S sole judgment you fail, or NGV suspects that you have failed, to comply with any term or provision of these TOU, NGV also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).

 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

These TOU and any related Terms and policies operating rules posted by NGV on this site or in respect to The Service constitutes the entire agreement and understanding between you and NGV and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).

Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.

 

GOVERNING LAW

 

These TOU and any related Terms and policies as well as separate agreements whereby NGV provides you Services shall be governed by and construed in accordance with the laws of Slovenia, with competent court in Ljubljana.

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the TOU at any time at this page.

NGV reserves the right, at it’s sole discretion, to update, change or replace any part of these TOU by posting updates and changes to NGV’S websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to NGV website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.

 

These Terms are valid as per 15th of November 2017.