End-User License Agreement (EULA)

This End-User License Agreement (“Agreement“) is a legal agreement between you (“User,” “you,” or “your“) and NextGen Solutions Limited (“NextGen,” “we,” “our,” or “us“) governing your access to and use of the services, products, software, applications, content, and materials (“Services“) provided via nextgenjamaica.com (“Site“).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR SERVICES.
BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICES.

1. License Grant

Subject to the terms and conditions of this Agreement, NextGen Solutions Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:

  • Access and use the Site and Services solely for your personal, non-commercial use or internal business use;

  • Download, install, and use any authorized applications or content provided through the Site in accordance with this Agreement.

2. Restrictions

You agree not to:

  • Copy, modify, adapt, translate, or create derivative works of the Site or Services;

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software;

  • Rent, lease, sell, sublicense, assign, distribute, publish, or otherwise transfer the Services to any third party;

  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of NextGen or its licensors;

  • Use the Services for any unlawful purpose or in violation of any applicable law;

  • Interfere with or disrupt the operation of the Site or the networks connected to the Site.

3. Ownership and Intellectual Property Rights

All content, features, functionality, software, and intellectual property associated with the Site and Services are owned by NextGen Solutions Limited or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Nothing in this Agreement grants you any ownership rights or licenses to the intellectual property except as explicitly stated.

4. Updates and Upgrades

NextGen may, at its sole discretion, provide patches, updates, or upgrades to the Services, which may include adding or removing features or functionality.
All updates or upgrades shall be subject to the terms of this Agreement unless otherwise specified.

You acknowledge that updates may be automatically installed without further notice or consent.

5. User Content

Where the Services allow you to upload, store, or share content (“User Content“), you retain ownership of your content.
However, by uploading or submitting User Content, you grant NextGen a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, and distribute your content for the purpose of operating and improving the Services.

You represent and warrant that:

  • You have the rights to submit such content;

  • Your content does not violate any laws, third-party rights, or this Agreement.

6. Termination

This Agreement remains effective until terminated by you or NextGen.

We reserve the right to:

  • Suspend or terminate your access to the Services at any time, without notice, if you violate this Agreement;

  • Terminate this license automatically without notice if you fail to comply with any term.

Upon termination:

  • All rights granted to you under this Agreement will cease;

  • You must immediately cease using and destroy all copies of any software, content, or materials downloaded from the Services.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:

  • WARRANTIES OF MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

NextGen does not guarantee that the Services will be error-free, uninterrupted, secure, or meet your specific requirements.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTGEN SOLUTIONS LIMITED SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;

  • ANY LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL;

  • DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES;

  • EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESS TO THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless NextGen Solutions Limited, its affiliates, officers, directors, employees, agents, licensors, and partners from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:

  • Your use or misuse of the Services;

  • Your violation of this Agreement;

  • Your violation of any rights of another.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of law principles.
Any disputes arising out of or related to this Agreement shall be resolved exclusively by the courts located in Kingston, Jamaica.

11. International Use

Access to the Site or Services may not be legal by certain persons or in certain countries.
You access the Site at your own risk and are responsible for compliance with local laws.

12. Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including those of Jamaica and other relevant jurisdictions.

13. Changes to This Agreement

We reserve the right to modify this Agreement at any time.
When we do, we will update the “Effective Date” at the top.
You are encouraged to review this Agreement periodically. Continued use of the Services after changes have been posted constitutes your acceptance of the new terms.

14. Entire Agreement

This Agreement, along with our Privacy Policy and any other legal notices posted by us, constitutes the entire agreement between you and NextGen Solutions Limited concerning the use of the Services, superseding any prior agreements between you and NextGen with respect to the Services.

15. Contact Information

For questions regarding this Agreement, please contact:

NextGen Solutions Limited
Kingston, Jamaica
Email: support@nextgenjamaica.com