This agreement applies as between you, the User of this Website and Next Gen Retail, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, payment information, and credentials used by Users to access paid content and/or any communications system on the Website.
"Content": means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
"Facilities": means collectively any online facilities, tools, services or information that Next Gen Retail makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Next Gen Retail proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and and payment gateway details.
"System": means any online communications infrastructure that Next Gen Retail makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links.
"User" / "Users": means any third party that accesses the Website and is not employed by Next Gen Retail Pty Ltd and acting in the course of their employment.
"Website": means the website that you are currently using (www.nextgenretail.com.au) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
"We/Us/Our": means Next Gen Retail, a company incorporated under Australian Business Number (ABN) 81276904591.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Next Gen Retail, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Australian copyright law apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Next Gen Retail or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.nextgenretail.com.au without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at hello@nextgenretail.com.au.
Users must adhere to proper online conduct when engaging with any communication facilities available on the Website, including refraining from offensive, illegal, or harmful behavior.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged a percentage of the course cost based on the progress of the course.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Next Gen Retail or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Next Gen Retail correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
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13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Next Gen Retail and you.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method. Each course or resource is a one-time purchase, and no recurring charges or subscription fees will apply unless otherwise specified in the order confirmation. Any applicable fees will be clearly displayed at checkout before completing the transaction.
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13.5 Next Gen Retail shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.6 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.7 Next Gen Retail provides technical support via email. Next Gen Retail makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from
Next Gen Retail. If you need to speak to us about your Order, then please contact customer care by email at
hello@nextgenretail.com.au. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
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14.1 If you are a consumer based in Australia or internationally, you have a statutory right to a 7 calendar day cooling-off period. This period begins once your order is confirmed and the contract is formed. If you change your mind within this period and have not accessed the course or resource, you may request a full refund.
- 14.2 If the course or resource has been accessed within the cooling-off period, a refund may not be granted, or a partial refund may apply depending on the level of usage.
- 14.3 Refund requests made after the 7-day cooling-off period will be assessed on a case-by-case basis and may be subject to administrative fees.
- 14.4 Refunds, where applicable, will be processed within 14 working days from approval.
- 14.5 Once a refund has been approved, access to the course or resource will be immediately revoked.
Use of the Website is also governed by Our Privacy Policy (www.nextgenretail.com.au/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with Australian Privacy Act 1988 (Cth), the General Data Protection Regulation (GDPR) for international users, and other applicable privacy laws.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission, except where required by law.
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17.1 We make no warranty or representation that the Website or Services will meet your requirements, be of satisfactory quality, or be fit for a particular purpose. We do not guarantee that the Website will be free from errors, secure, or that all information provided will be accurate or complete. To the maximum extent permitted by law, we disclaim all warranties, express or implied, in relation to the Website and Services.
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17.2 The information and content provided on the Website are for general informational purposes only and should not be relied upon as professional advice. We do not accept liability for any reliance placed on such information.
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17.3 No part of this Website constitutes a contractual offer capable of acceptance beyond the terms explicitly stated.
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17.4 We take reasonable steps to ensure that the Website is secure and free from viruses or other harmful components. However, we do not guarantee that the Website will be free from cybersecurity threats. Users are responsible for ensuring their own online security, including the use of up-to-date antivirus and security software.
- 17.5 Nothing in this section affects any statutory rights that cannot be excluded under Australian Consumer Law or other applicable international laws.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. Next Gen Retail uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages.
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19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users acknowledge that they use the Website and its Content at their own risk.
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20.2 Nothing in these Terms and Conditions excludes or restricts .
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20.3 Nothing in these Terms and Conditions excludes or restricts Next Gen Retail's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
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20.4 If any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.
Failure by either party to exercise any right or remedy contained in these Terms and Conditions shall not be construed as a waiver of that right or remedy.
If any conflict arises between these Terms and Conditions and prior versions, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
These Terms and Conditions do not confer any rights upon any third party. The agreement is between you and Next Gen Retail.
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24.1 All notices or communications should be sent to us either by post to our registered address or via email at hello@nextgenretail.com.au. Notices will be deemed received three days after posting (if sent by priority mail or tracked postal service) or on the next business day if sent via email on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and Next Gen Retail shall be governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of Australian courts, except where international consumer protection laws may apply.
