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Terms & Conditions

Last updated: 18 November 2025

 

These Terms & Conditions govern your access to and use of the website www.nextgenachievers.com (including all sub-domains) and the e-learning services provided by Next Gen Achievers Pty Ltd (ABN 49 685 561 344), a company incorporated in Queensland, Australia (“NGA”, “we”, “us”, “our”).


By accessing the Website, creating an Account, or purchasing Services you agree to be legally bound by these Terms & Conditions. If you do not agree, you must immediately cease using the Website.

 

1. Definitions & Interpretation

  • Account – personal information, Payment Information, and credentials used to access paid content and communication systems. 

  • Content – any text, graphics, images, audio, video, software, course materials, e-learning modules, and any other information on the Website. 

  • Intellectual Property Rights – all intellectual property rights worldwide, registered or unregistered. 

  • Services – use of NGA’s proprietary e-learning platform and any related facilities, tools, or information made available through the Website. 

  • User/You – any person accessing the Website who is not employed by NGA acting in the course of employment.
    Headings are for convenience only.

 

2. Age Restrictions & Children’s Data

2.1 Persons under 18 may only use the Website under adult supervision.
2.2 Users under 13 are prohibited from creating an Account without verifiable parental consent (COPPA).
2.3 Users under 16 may only create an Account or access Services if their parent/legal guardian expressly consents on their behalf by ticking the mandatory checkbox during sign-up:
“I am the parent or legal guardian of the child named in this account and I give consent for them to use the Next Gen Achievers platform in accordance with these Terms & Conditions and the Privacy Policy.”
2.4 We may request proof of age or consent at any time. Failure to provide satisfactory evidence may result in immediate suspension or termination.

 

3. Business Customers

These Terms apply equally to consumers and to customers procuring Services in the course of business.

 

4. Referral & Affiliate Program (the “Program”)

4.1 A Paid Referral is a verified purchase of a referral-eligible course via your unique link after the 15-day refund period has elapsed without refund.
4.2 Only courses explicitly marked “referral-eligible” qualify. Trials, free events, and promotional offers are excluded unless expressly stated.
4.3 Self-referrals, same-household/IP/payment-method referrals, duplicate accounts, or manipulation are prohibited and result in permanent disqualification and forfeiture of all rewards.
4.4 Rewards are single-level only; multi-level/downline rewards are prohibited.
4.5 Visionary status (elevated rewards) is granted/renewed monthly at NGA’s sole discretion.
4.6 Rewards are normally issued as Amazon gift vouchers or, for approved Visionary participants, via PayPal (cash).
4.7 You must clearly disclose your affiliate relationship (e.g., “I may receive a reward if you sign up using my link”) in compliance with Australian Consumer Law, FTC, CMA, and EU rules.
4.8 You are solely responsible for all taxes on rewards. NGA may require ABN/W-9/W-8BEN before payment.
4.9 Non-compete & non-solicitation – During participation and for three (3) months after termination (for any reason), you must not, directly or indirectly:
(a) promote, market, or refer customers to any online educational course or program that directly competes with NGA’s referral-eligible courses; or
(b) establish or operate any affiliate or referral program for a competing online education provider.
Scope: Worldwide. Exceptions: passive investments <5 % in publicly listed competitors and products disclosed before joining.

 

5. Intellectual Property

5.1 All Content (except User-uploaded content) is owned by NGA or its licensors.
5.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Content solely for personal, non-commercial educational purposes during your active subscription.
5.3 Prohibited acts include recording, screenshotting for redistribution, downloading for offline use beyond permitted access, creating derivative works, using for AI training, or sharing with third parties.

 

6. Third-Party Intellectual Property & Fair Use

Third-party trademarks and copyright remain the property of their owners. Fair-use exceptions under the Copyright Act 1968 (Cth) apply only to non-commercial uses permitted by law.

 

7. Links to/from Other Websites

We are not responsible for external sites. You may link to our homepage without permission; deep-linking requires written consent.

 

8. Use of Communication Facilities & Community Standards

You must not post unlawful, abusive, threatening, defamatory, obscene, or otherwise objectionable content, impersonate others, or send spam. Breaches may lead to immediate suspension/termination.

 

9. Accounts

9.1 You warrant that all information provided is accurate and will be kept up-to-date.
9.2 You are responsible for maintaining the confidentiality of your Account credentials.

 

10. Termination & Suspension

We may suspend or terminate your Account at any time with or without cause (subject only to mandatory consumer laws). Upon termination you lose access to Services and all pending referral rewards are forfeited (non-compete obligations survive).

 

11. Services, Pricing & Availability

11.1 Prices include Australian GST where applicable; EU VAT or other local taxes will be added at checkout as required by law.
11.2 We may change prices and offerings at any time; the price at the time of your order applies.

 

12. Orders & Contract Formation

Your order is an offer; a binding contract is formed only when we send an order confirmation email.

 

13. Payment

Payment is taken immediately for any setup fee and monthly on the same date each billing cycle.

 

14. Cancellation & Refunds (Consumer Rights)

14.1 You have a 14-calendar-day cooling-off period from contract formation to cancel for any reason and receive a full refund.
14.2 If you request immediate access within the 14-day period, you lose the right to cancel once Services are fully performed and remain liable pro-rata if you cancel part-way.
14.3 Nothing in these Terms excludes or limits statutory rights under Australian Consumer Law, EU Consumer Rights Directive, UK CRA 2015, California CCPA/CPRA, or equivalent laws in your jurisdiction.

 

15. Privacy & Cookies

Use of the Website is governed by our Privacy & Cookie Policy at nextgenachievers.com/privacy (incorporated by reference). We comply with GDPR, Australian Privacy Act, CCPA/CPRA, and all other applicable data-protection laws.

 

16. Accessibility

We are committed to making our Website and Services accessible to people with disabilities. Full details of our ongoing accessibility efforts, including conformance with WCAG 2.2 Level AA guidelines and how to report issues, are set out in our Accessibility Statement at www.nextgenachievers.com/accessibility, which forms part of these Terms & Conditions.

 

17. Dispute Resolution & Arbitration

17.1 Contact us first at info@nextgenachievers.com.
17.2 Where permitted by law, disputes will be resolved by binding arbitration under ACICA Expedited Rules on an individual basis only (no class actions).
17.3 EU/UK consumers retain the right to use local courts and the European ODR platform (ec.europa.eu/odr).

 

18. Electronic Communications & Signatures

By creating an Account, placing an order, or ticking any consent checkbox (including the parent/guardian box in clause 2.3), you consent to electronic communications and agree that click-through acceptances have the same legal effect as handwritten signatures under applicable electronic transactions laws worldwide.

 

19. Disclaimers & Limitation of Liability

19.1 The Website and Services are provided “as is” with no guarantee of specific results.
19.2 To the fullest extent permitted by law, we exclude liability for indirect, consequential, or special damages.
19.3 Nothing excludes liability for death/personal injury caused by negligence, fraud, or any liability that cannot be excluded under mandatory law.

 

20. Force Majeure

We are not liable for failure to perform due to events beyond our reasonable control.

 

21. Changes to Terms

We may update these Terms at any time. Material changes will be notified by email or prominent notice. Continued use constitutes acceptance.

 

22. Severability, No Waiver, Third-Party Rights, Entire Agreement

If any provision is invalid, the remainder remains in force. No waiver unless in writing. No third-party rights. These Terms and the Privacy Policy constitute the entire agreement.

 

23. Governing Law & Jurisdiction

23.1 Governed by the laws of Queensland, Australia.
23.2 Consumers retain all mandatory protections of the law of their country of habitual residence.
23.3 Disputes may be submitted to the courts of Queensland or, where required by mandatory law, the courts of your residence.

 

Contact: info@nextgenachievers.com

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