Terms of service

These terms of service (“Terms of Use“) cover your use and access to our services, web application software, downloadable app and websites (“Services“). By using our Services, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement, including Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”). If you do not agree to any of these terms and conditions, you may not use our Services.


Nexchar reserves the right to update and change the Terms of Use by posting updates and changes to the Nexchar website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you and your Nexchar Account.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Nexchar, acceptance is expressly limited to these terms.

1.Account Terms

  • The person registering Nexchar Account for the Service must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

  • To access and use the Services, you must register for a Nexchar account (“Account”) by providing your full legal name, phone number, current address, a valid email address, and any other information indicated as required. Nexchar may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

  • You acknowledge that Nexchar will register and use the email address you provide at the time of creating this account as the primary method for communication.

  • You are responsible for keeping your password secure. We cannot and shall not be responsible for any loss or damage due to your failure to keep your username and password secure.

  • You are responsible for keeping your password secure. Nexchar cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

  • You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Data”, “Material”).

  • You must not transmit any digital worms or viruses or any code of a destructive nature.

  • A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Nexchar will result in an immediate termination of your Account and Services.

2. Fees And Taxes

  • A valid credit card number is required for paying all Fees. We will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and will continue to charge the Authorized Card (or any replacement card) for applicable Fees until you cancel your Account, and any and all unpaid Fees have been paid in full.

  • If you are using a free trial of Nexchar, the free trial will begin on the day that your account is created and end 30 days later. If you wish to continue to use Nexchar at the end of the free trial period, you will need to provide valid credit card details.If you are using a free trial of Nexchar, the free trial will begin on the day that your account is created and end 30 days later. If you wish to continue to use Nexchar at the end of the free trial period, you will need to provide valid credit card details.

  • If you are late in paying any Fees, we may charge a late fee of the greater of NZ$20 (excluding GST, if any) or up to 1.5% of the unpaid Fees

3. Activation and Use of Your Account.

The Account Owner can invite individuals to access its Account as authorized users (“Authorised User”). The Account Owner determines who is Authorised User to use the Hike Service on its behalf. This includes the individual who creates Account on its behalf (Super Admin) and other employees, sub-contractors and individuals who are authorised to use the Hike Services on the Account Owner’s behalf. You acknowledge and

  • the Account Owner determines who is an Authorised User and what level of user role access to the relevant organization and Service that Invited User has;
  • the Account Owner is responsible for all Authorised Users’ use of the Services;
  • the Account Owner controls each Authorised User’s level of access to the organization’s Account and Services at all times and can revoke or change an Authorised User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Authorised User or shall have that different level of access, as the case may be;
  • If there is any dispute between an Account Owner and an Authorized User regarding access to any Account or Services, the Account Owner shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
  • Do not use Meet to promote, organize, or engage in illegal activities or activities that cause serious and immediate physical harm to people or animals.
  • Do not share or distribute content that contains sexually explicit material, such as nudity, graphic sex acts, and pornographic content. This includes driving traffic to commercial pornography sites.
  • use Nexchar in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Nexchar;

6.Data protection

We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Nexchar Services.

You are responsible for complying with all applicable data protection laws in respect of your use of the Nexchar Services and with regard to any instructions you issue to Nexchar with regard to the processing of personal data you provide to Nexchar through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, consumers, personnel or other individuals to whom the data relates, to enable Nexchar to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.

You shall not provide (nor permit any User to provide) any Sensitive Data to Nexchar. For the purpose of these Terms, "Sensitive Data" shall mean data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.

6. Modifications.

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

7. Controlling Law.

This Agreement will be governed by the laws of the State of Bangladesh. Any dispute arising under this Agreement shall be exclusively heard in the court of law in Victoria, Australia. You (Customer) hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia for all disputes arising out of or in connection with this Agreement.

8. Notices.

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Hike must be sent by email to “hello at hikeup dot com” or to any other email address notified by email to You by Hike. Notices to You will be sent to the email address which You provided when setting up Your access to the Services.

12. Refund Policy.

Payments for Nexchar are not refundable for any reason.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Accuracy Of Information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content:

  • for any unlawful purpose
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Changes And Amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance Of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us at help@nexchar.com
This document was last updated on May 27, 2020