Date of Last Revision: 13/12/2023
Nexaminds Website:
These Website Terms & Conditions (“T&Cs”) apply to your access and use of www.nexaminds.net (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
Eligibility:
You must be at least 18 years old (or the age of majority in applicable jurisdictions) to use our Sites and Services.
By using our Sites and Services, you represent and warrant that:
T&C Updates:
Nexaminds reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. Nexaminds will post the changes to these T&Cs on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised T&Cs.
General Conditions/Access and Use:
Authorization to Access and Use Site and Content:
Subject to your compliance with these T&Cs and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of Nexaminds and Nexaminds’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by Nexaminds.Ownership and Restrictions:
All rights, title and interest in and to the Site and Content will remain with and belong exclusively to Nexaminds. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of Nexaminds that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by Nexaminds to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by Nexaminds. Nexaminds reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Nexaminds on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data:
You are solely responsible for all data, information and other content that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site.Reservation of Rights:
Nexaminds and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. Nexaminds grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these T&Cs.Use of Intellectual Property:
Rights in User Content:
By posting your information and other content (“User Content”) on or through the Site and Content, you grant Nexaminds a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. Nexaminds has the right, but not the obligation, to monitor the Site and Content and User Content. Nexaminds may remove or disable any User Content at any time for any reason, or for no reason at all.Unsecured Transmission of User Content:
You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to Nexaminds’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. Nexaminds will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.Feedback:
You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or Nexaminds’ business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Nexaminds may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Nexaminds considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.Your Representations and Warranties:
You represent and warrant to Nexaminds that your activity on the Site and Nexaminds’ possession and use of User Content as contemplated in these T&Cs do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.Termination of Access Due to Violations:
Nexaminds may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to Nexaminds, for which monetary damages would be inadequate, and you consent to Nexaminds obtaining any injunctive or equitable relief that Nexaminds deems necessary or appropriate in such circumstances, without limiting Nexaminds’ other available remedies. Further, Nexaminds may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.Geographical Limitations and Compliance with International Laws:
Nexaminds acknowledges the global nature of its digital talent management services provided on www.nexaminds.net (the “Site”). However, due to the intricate landscape of international laws and sanctions, access to our services may be limited in certain geographical regions.
By utilizing our Site, you understand and agree that you are responsible for adhering to the laws and regulations of your jurisdiction.
Nexaminds retains the right to adjust, suspend, or terminate services to any user or region at its discretion to ensure compliance with international laws and regulations, including restrictions mandated by the United Nations, the United States government, the European Union, and other relevant authorities.
For inquiries regarding the availability of our services in your region or questions about compliance, please contact us at contact@nexaminds.net.
Governing Law and Jurisdiction (Tunisia):
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Tunisia. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the competent courts of Tunisia, and the parties hereby consent to the personal jurisdiction and venue of such courts. The prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorney's fees and costs incurred in connection with such action or proceeding.
Non-Affiliation Disclaimer:
The site and content, along with all server and network components, are provided on an "as is" and "as available" basis with all errors and defects and without any warranties of any kind. NexaMinds expressly disclaims all representations and warranties, including any implied warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. This disclaimer extends to any representations or warranties arising from the course of dealing, course of performance, or usage of trade.
You acknowledge that NexaMinds does not warrant that your access or use or both of the site and content will be uninterrupted, timely, secure, error-free, or virus-free. NexaMinds does not make any warranty as to the results that may be obtained from the use of the site and content. No information, advice, or services obtained by you from NexaMinds or through the site will create any warranty not expressly stated in these T&Cs. You should not rely solely on the site and the general content as the basis for your business decisions.
Nexaminds reserves the right to undertake any of the following, at any time and without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Force Majeure:
In the event that Nexaminds is prevented from performing its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government actions, natural disasters, cyber-attacks, or any other unforeseeable and unavoidable events (hereinafter referred to as "Force Majeure Event"), Nexaminds shall promptly notify the other party of the occurrence of such event and the expected duration of its inability to perform.
During the period of the Force Majeure Event, Nexaminds' performance obligations under this agreement shall be suspended, and the time for performance shall be extended for a period equal to the duration of the Force Majeure Event. However, Nexaminds shall make reasonable efforts to mitigate the effects of such an event and resume its obligations under this agreement as soon as reasonably practicable. If the Force Majeure Event continues for a period exceeding 15 days, Nexaminds may, at its option, terminate this agreement by providing written notice to the other party without incurring any liability for such termination.
Notwithstanding the foregoing, the party entering into an agreement with Nexaminds shall not be relieved of its obligation to make payments that have accrued prior to the occurrence of the Force Majeure Event. Nexaminds shall make diligent efforts to minimize the disruption caused by the Force Majeure Event and shall keep the other party informed of its progress in resuming normal operations.
Acknowledgment of Inherent Risks:
Users acknowledge and accept the inherent risks associated with online platforms, including potential unauthorized access, cyber-attacks, and data breaches when using www.nexaminds.net (the “Site”).
While Nexaminds implements industry-standard security measures, users recognize that no digital system is entirely immune to risks.
Users are responsible for safeguarding their account credentials, and Nexaminds is not liable for unauthorized access resulting from user negligence.
Nexaminds commits to promptly notifying users in the event of a data breach or unauthorized access, as required by applicable laws.
Users agree that Nexaminds is not liable for losses arising from unauthorized access, cyber-attacks, or data breaches, including data loss or business interruption.
NO WARRANTIES AND DISCLAIMER BY NEXAMINDS:
The site and content, along with all server and network components, are provided on an "as is" and "as available" basis with all errors and defects and without any warranties of any kind. NexaMinds expressly disclaims all representations and warranties, including any implied warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. This disclaimer extends to any representations or warranties arising from the course of dealing, course of performance, or usage of trade.
You acknowledge that NexaMinds does not warrant that your access or use or both of the site and content will be uninterrupted, timely, secure, error-free, or virus-free. NexaMinds does not make any warranty as to the results that may be obtained from the use of the site and content. No information, advice, or services obtained by you from NexaMinds or through the site will create any warranty not expressly stated in these T&Cs. You should not rely solely on the site and the general content as the basis for your business decisions.
Nexaminds reserves the right to undertake any of the following, at any time and without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITED LIABILITY:
To the maximum extent permitted by applicable law, in no event will NexaMinds be liable for any incidental, indirect, consequential, or special damages, including, without limitation to, loss of income or profit, loss of use, loss of data, or other losses of any kind or character, relating to or resulting from the use of or inability to use the services, even if NexaMinds has been advised of the possibility of such damages.
In any and all events, NexaMinds' aggregate liability to you for any and all claims you make under these terms or in connection with the use of the services shall be limited to the greater of (I) $50 USD, or (II) the amounts paid by you to NexaMinds during the three (3) month period immediately preceding the event(s) giving rise to such liability.
To the maximum extent permitted by applicable law, NexaMinds will never be responsible for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, relating to or arising out of the conduct of you or other users or third parties in connection with the use of the services, including without limitation, bodily injury, emotional distress, identity theft, and/or any other damages arising out of different interactions with other users, including users who have registered under false pretenses or who attempt to defraud or harm you.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
These T&Cs and any additions, changes, edits, and/or modifications made thereto by Nexaminds cannot be amended except by Nexaminds as set forth above. The failure of Nexaminds to exercise or enforce any right or provision of these T&Cs will not be a waiver of that right. Any notices to Nexaminds in connection with this agreement will be made by email transmitted to contact@nexaminds.com provided that you also send a copy of such notice via nationally recognized carrier to Nexaminds, LLC, Rue Lac Tibériade, Lac 1, Tunis, Tunisia, Attn: Legal Department. In the event that any provision of these T&Cs will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&Cs will otherwise remain in full force and effect and enforceable.
Acceptance of Terms:
Nexaminds permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these T&Cs. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&Cs. If you are entering into these T&Cs on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&Cs, you must not accept these T&Cs or access or use the site or content.