Terms of Use

Terms of Use

Thank you for visiting www.nexus.ghd.com. 

We hope that you find our website ("the Site") informative. This Site is operated by GHD and its related entities and affiliates (collectively "GHD").  "GHD" is a reference to GHD Group Pty Ltd and includes any company carrying on business that is part of the GHD group of companies. By using GHD's Site you (meaning any user of this Site) are deemed to expressly accept and be legally bound by the following terms and conditions, our Privacy Notice, and any other documents expressly incorporated by reference.  Please read the terms and conditions carefully.  If you do not wish to be bound by the following terms and conditions, please immediately cease using our Site and downloading any further content from it.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN THE UNITED STATES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE SITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE AND SERVICES. 

  • "The Site" means the whole or any part of GHD’s webpages, including individual elements of design, code elements, all written content, text, sounds, graphics, photographs, logos and other content. 
  • The Site is intended for use by individuals who are at least 18 years of age (or the age of majority in their jurisdiction of residence). By using the Site, you represent and warrant that you meet this age requirement. 
  • The Site is provided for general guidance and information purposes only. The information provided on this Site is not intended to be construed as, or substitute for, the provision of professional advice. We expressly do not purport to give professional advice over our Site. You should consult with a GHD professional advisor in your region in relation to any information on the Site before seeking to rely on it. 
  • We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Site without notice. 
  • This Site is not intended to be accessed by any person who seeks or intends to access the Site for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Site in order to investigate, evaluate, test, and/or assess the Site’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the Site discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against GHD under such laws. Even if you are accessing the Site for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the Site if one of the purposes for which you are accessing the Site is to investigate, evaluate, test, and/or assess the Site’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against GHD under such laws. By accessing the Site and accepting these Terms of Use, you agree that you are not accessing the Site for such purposes, and if you do access the Site for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Site, (b) you have consented to our disclosure of any data collected about you or your interaction with the Site to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release GHD from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the Site. 
  • By using and accessing the Site, you agree use the Site only for lawful purposes and to comply with all applicable laws, regulations, statutes and codes of practice, including without limitation, laws and regulations applicable to intellectual property rights, copyright and moral rights.  
  • By using and accessing the Site, you agree not to misuse the Site or otherwise adversely impact the confidentiality, integrity or availability of the Site or another GHD asset, which includes but is not limited to: 
    • Injection or uploading of code, files, or programs into the URL, forms or other locations on the Site; 
    • Impersonation of another user or entity; 
    • Intercepting, monitoring or disrupting the Site or any communications with the Site; 
    • Copy or create derivative works from or based on the Site 
    • Use any automated system, including without limitation robots, spiders, or scrapers, to access the Site for any purpose; 
    • Use any information from the Site to train any artificial intelligence model; or 
    • sing the Site to harass or send unsolicited, phishing or spam messages or communications to anyone. 
  • By accessing this Site, you allow GHD to collect your geographic location provided by your IP address and use it to provide you with country- and region-specific information.  
  • Any personal data processing that occurs in connection with the Site will occur in accordance with GHD’s Privacy Notice. GHD’s Privacy Notice is available here
  • Certain links on this Site may lead to third party servers, operators or websites over which GHD has no control. GHD disclaims any liability in relation to any links to other servers, operators or websites. It is recommended that you review the relevant website's privacy policy and terms and conditions of use before proceeding.
  • Whilst every reasonable effort has been made by GHD to ensure all information, articles, news, updates, other information or content available on the Site is accurate at the time of publication, some errors or mistakes can occur. All information and content on the Site is provided "as is" with no guarantee, warranty or representation in relation to completeness, accuracy, timeliness, relevance, sufficiency, fitness for any particular purpose or reliability.
  • Content on our Site - including any concepts, ideas, methods, procedures, processes, know-how, publications, models, products, programs, software, technology, techniques, templates, designs, photographs, art work, graphics, logos and information on or described on the Site - may be copyrighted, proprietary or subject to intellectual property or other rights. Any unauthorised use of any materials, content or information on our Site may violate copyright, trademark and other laws or applicable intellectual property or licensing rights. No materials, content or information on our Site may be used, reproduced, transmitted or exploited in any form or by any means without the express written permission of your regional GHD office. 
  • The GHD logo and the GHD name are registered trademarks of GHD. GHD and its related entities and affiliates also hold registered trademarks in relation to other entity and affiliate logos, products, service names, software programs and projects. Use of the GHD name, logo or other related entities' or affiliates' registered marks, products, programs or logos requires express prior permission. Unauthorised use of any GHD name, logo, product, program or other registered marks is prohibited to the fullest extent of the law.  
  • GHD strives to ensure that its Site is at all times technically sound. However, GHD does not warrant and makes no representation that the content or any downloads or other material on this Site will be free from viruses, other harmful components, data-processing errors, technical glitches, operational problems, errors, bugs or other harmful elements. You remain solely responsible for the security and protection of your information or systems when using the Site. 
  • Access to some areas on our Site are deliberately restricted by the use of security measures ("Secure Sites") to certain authorised user(s), GHD client's or employees of GHD who have been granted unique credentials or usernames and passwords ("Authorised Users"). No persons other than Authorised Users are permitted to access Secure Sites. Authorised Users are not permitted to share or transfer their credentials to enable others to access Secure Sites. Authorised Users are responsible for maintaining the security and confidentiality of their password, username and other credentials. Any attempts by unauthorised persons to gain access to Secure Sites or the fraudulent use or misuse of an Authorised User(s) credentials will be investigated by GHD and responded to in accordance with applicable law.  
  • To the fullest extent permissible pursuant to applicable law, GHD disclaims any and all liability to you, any Site users and any affected third party in respect of the whole of the content on this Site and you agree that in no event shall GHD be liable to you or any affected third party for any direct, indirect, incidental, consequential or other damages (including but not limited to, liability for loss of use, data, business interruption or profits), costs or expenses otherwise incurred, whether actionable under tort (including negligence), contract or otherwise, even if GHD was advised or knew or should have known the possibility of such damages. To the extent permitted by law, all warranties (express or implied) are disclaimed. Nothing in these Terms shall exclude or limit GHD's liability for any liability which cannot be excluded or limited under applicable law. 
  • You agree to defend, indemnify and hold GHD and its related entities harmless from any and all liabilities, costs, expenses (including legal costs on a full indemnity basis) in relation to the violation of these Terms of Use by you or in connection with any misuse, misappropriation or unauthorised reproduction or use of any information, content or materials on our Site by you. 
  • These Terms of Use, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual claims), shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. With the exception of the arbitration clause below, the courts of New South Wales shall have non-exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms of Use.  

Arbitration Agreement

  • This arbitration clause shall not apply to the extent that applicable law in a relevant jurisdiction prohibits the enforcement of pre-dispute arbitration agreements. In such cases, disputes shall be resolved subject to the governing law clause above.
  • By accessing and/or using this Site, you agree to try to settle any dispute with GHD arising from or related to your use or access of this Site by sending a letter describing the basis for the dispute and allowing the GHD at least 30 days to respond after the GHD will have received your letter. If you want to send such a letter to the GHD, send it to dataprotection.officer@ghd.com. GHD will respond to you at the address the GHD has on file for you.
  • The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the Site.
  • You and GHD agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or GHD will commence any litigation or file a claim against the other party.
  • By accessing and/or using this Site, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and the GHD waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and GHD’s rights during the arbitration process may be more limited than the rights you or GHD would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.
  • At the beginning of any arbitration process under this arbitration agreement, you and the GHD will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the GHD decide upon. In the event you and the GHD cannot agree on the selection of an arbitrator, the GHD will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and the GHD will alternatively strike arbitrators, with the GHD going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. If you and the GHD cannot agree on an alternative dispute resolution provider, an arbitrator will be appointed according to law. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules.
  • The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and the GHD agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.
  • You and the GHD each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.
  • The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.  
  • Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party. The Parties agree to use any mass arbitration rules and fee schedule of the selected arbitration forum, if available and if applicable, including if such rules or fee schedule become applicable after the commencement of arbitration.
  • Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.
  • THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GHD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Severability

  • If any provision of these Terms is found by any court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed. Any modification or severance of a provision shall not affect the validity and enforceability of the remaining provisions. 

Integration Clause

  • These Terms, together with any other documents expressly incorporated by reference, constitute the entire agreement between you and GHD relating to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written. 

Effective Date and Changes

  • These Terms of Use are effective as of 31 July 2026. We may make changes to our Site or our Terms of Use from time to time by posting a copy of the updated Terms of Use to our Site to this link. Updated Terms of Use will be binding on and from the date of posting to our Site.