Terms and Conditions
2. You acknowledge that THE NEST is the proprietor or the authorized user of the Copyright, trademarks and all other intellectual property rights (IP Rights) in the software, text, graphics and other material (Content) displayed or available through the Site.
Unauthorized use of the Content is strictly prohibited and may infringe the IP Rights in the Content. No content may be reproduced, published or transmitted in any manner without the prior written consent of THE NEST.
In particular and without limitation, you may not, without prior written permission from THE NEST:
• archive the Content or any part of it;
• form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
• redistribute or republish the Content ; or
• link to the Site including (without limitation) linking in any way which frames the Site; replicates the Site or misleads any person regarding any association with the Site; or your association with THE NEST or otherwise whether implicitly or expressly
3. Your use of the Site is at your own risk. THE NEST makes no warranties or representations as to its accuracy or completeness. THE NEST specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether THE NEST is aware of such errors or omissions or not. To the fullest extent permitted by law, neither THE NEST nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.
Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that the Consumer Guarantees Act 1993 and similar legislation in New Zealand may confer rights and remedies on you in relation to the provision by THE NEST of goods or services on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”).
Notwithstanding the foregoing paragraphs, THE NEST does not exclude any non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
To the fullest extent permitted by law, THE NEST’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of THE NEST.
4. THE NEST will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of THE NEST site, even if THE NEST has been advised of the possibility of such damages. IN NO EVENT SHALL THE LIABILITY OF THE NEST FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO THE NEST FOR ACCESS TO THE CONTENT WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL THE NEST’S LIABILITY EXCEED FIFTY DOLLARS (NZ $50). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.
5. Indemnification You agree to defend, indemnify and hold harmless THE NEST and THE NEST’S officers, directors, predecessors, successors in interest, shareholders, employees, and agents (cumulatively ” THE NEST Indemnities”) for all claims against the THE NEST Indemnities that arise from or are related to your use of THE NEST Sites.
6. The trademarks used on the Site are either trademarks of THE NEST and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of THE NEST or, if applicable, the third party owner of the relevant trade mark.
7. Products described or depicted on the Site (“Products”), are available for purchase through the Site (including, without limitation, prices of Products displayed on the Site) are subject to change without notice. Copyright may exist on teachings, books and other materials. Unauthorized recording of such materials may be contrary to applicable copyright laws.
8. THE NEST assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. THE NEST also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
9. Any software downloaded from the Site (including the Downloadable Content) is at your own risk and neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), whatsoever caused, as a result of any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
10. If you send any communication or material to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential. Anything you transmit or post may be used by THE NEST or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You grant to THE NEST an irrevocable, perpetual, unrestricted, royalty-free worldwide license to use, copy, modify, redistribute or otherwise deal with such information or materials including, without limitation, and without any compensation to you except were agreed via THE NEST Multimedia Agreement, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to marketing and selling products using such information.
11. The Site may refer to Products that are generally available for purchase in New Zealand. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with THE NEST for the availability of these specific products in your locality.
12. THE NEST is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While THE NEST may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, THE NEST disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
13. Although THE NEST may from time to time monitor or review forums on the Site (“Forums”), THE NEST is under no obligation to do so and assumes no responsibility or liability arising from the content of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site:
• any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;
• any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or
• any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material purchased from this site. THE NEST will fully cooperate with any law enforcement authorities or court order requesting or directing THE NEST to disclose the identity of anyone breaching this clause.
14. If THE NEST provides you with user details to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize your User Details. THE NEST is entitled to act on instructions received under your User Details. THE NEST cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorize (and not write down) your User Details.
15. You agree to indemnify THE NEST and keep THE NEST indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by THE NEST as a result of, or in connection with, any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms and Conditions, by you or anyone using your User Details.
18. THE NEST may at any time revise the Terms and Conditions by updating this web page without prior notice to you, in which case the Terms and Conditions as modified will apply to you from the date of modification. You should periodically visit this page to review the then current Terms and Conditions.
21. The trademarks, logos, and service marks (collectively the “Trademarks”) listed below are trademarks of THE NEST and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of THE NEST or such third party owner. Product names, service names or logos used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of the companies represented on the site. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.
22. THE NEST is not responsible for the content of any site advertised or products advertised on the Site. Your noting or using of the material, products are entirely at your own risk. While THE NEST may provide information on products on the Site, the inclusion of such information is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the material/products or its content. Subject to any Non-Excludable Rights, THE NEST disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained.
Information that you provide to THE NEST
1. To enable THE NEST to provide you with products and to enable you to participate in THE NEST’S promotional offers and other marketing activity, THE NEST may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site (“Your Information”).
2. THE NEST may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer’s hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
3. All information that you provide to THE NEST must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, THE NEST may suspend or terminate your participation in promotions, offers or membership of THE NEST (and right to use) the Site immediately.
4. Your personal information that is provided by you and how it is used (if and when required only)
• We do not collect personal information when you visit our site unless you log on, place an order or register with us.
• When you place an order you will be asked for the following personal information: your name, e-mail address, phone number, inter alia.
• All information regarding credit card details is held by THE NEST’s e-gateway supplier and Merchant account providers and is NOT held or stored by THE NEST at all.
• When you log on to the Site, you will be asked for your e-mail address and Password.
• If you belong to THE NEST Membership programme, you may be sent information about specials on offer to members. You may be asked for information which identifies you as a member. There may be an option to unsubscribe to such information, if you do not wish to receive it.
• There are regular news updates and e-mails advising you of specials – to make your shopping and purchasing experience easier.
• When you submit feedback or questions via e-mail, or contact us for information about the Website, we will request your name and e-mail address. This information is for the sole purpose of responding to your inquiries.
• Your personal information is not shared, sold, rented or traded to any third party without your permission.
• Our site contains links to other sites. THE NEST is not responsible for the privacy practices or the content of other websites.
• By default, all web server log files capture IP addresses. Your IP address may be used to help diagnose problems with the server, administer the website and to track web usage. This information is used internally and is not shared with anyone else except where required or entitled by law to do so (such as in the investigation of fraud or other inappropriate activity).
THE NEST will comply with and will not reveal your personal information to external organisations except for the purposes of fulfilling statutory requirements i.e. information sought by THE NEST’s Bank or Supplier of e-gate way/ Merchant Account.
THE NEST Online Membership registration and account:
1. Some features on the Site are only accessible for registered members. You can register as a Member by following the instructions on the Site. You will be authorized to be a Member of THE NEST only if THE NEST advises you that your application for registration as a Member has been approved. You will be required to accept these Terms in order to become a Member.
2. There is a charge for membership of THE NEST and there are 2 payment options for single and married couples: Full payment upfront for the current year’s membership or 10 consecutive monthly subscription payments. Membership fees may be varied at any time between your initial payment of your membership fee and any subsequent membership applications/renewals and payments of fees.
3. If you have selected the subscription payment option your fees are due by no later than the 28th of each month. If you fail to pay by this date your membership with THE NEST will be terminated with effect from the 1st of the following month. You will have access to the material you have paid for up to the point of termination. You may reinstate your membership by making up the missed payments.
4. Your THE NEST account/membership and any other related membership benefits are not transferable and may not be combined or merged with other Member accounts/membership.
5. THE NEST reserves the right to refuse your application for registration or terminate your registration at its sole discretion, including but not limited to if it has been inactive for an extended period of time, or if renewal membership fees have not been paid, or if the payment made has been determined or is suspected of been made in a fraudulent or suspected fraudulent means, as determined by THE NEST.
6. When you register as a Member of THE NEST you must choose a password. Your password must be used, together with your email address (each a “Unique Identifier”), each time you access your THE NEST account. THE NEST may reject any Unique Identifier that you choose, in THE NEST’s sole discretion. You are responsible for keeping your Unique Identifiers confidential. You must immediately notify THE NEST if you become aware of any unauthorized use of your Unique Identifiers or any other breach of security related to your THE NEST account/membership.
7. You are solely responsible for all activities that occur under your THE NEST account including, without limitation, all activities authorized or unauthorized, lawful or unlawful, which utilize your Unique Identifiers. THE NEST is entitled to act on instructions received under your Unique Identifiers. THE NEST cannot and will not be liable for any changes made to your THE NEST account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should memorize (and not write down) your Unique Identifiers, and close the browser window at the end of each session.
8. You may terminate these Terms and your registration at any time, without cause and with immediate effect, please contact us by sending an e-mail via the contact us form. Membership fees are strictly non-refundable in all circumstances. THE NEST may terminate these Terms and THE NEST registration at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to THE NEST. In the event of termination you will immediately cease to use THE NEST. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such termination.
Digital Media Downloads
For media files (i.e.teaching files), your purchase grants you the following rights:
• To have 1 (ONE) copy of the media file stored on a single hard drive for the purpose of back-up.
• Reproduce the media file in 1 (ONE) other format for personal use (i.e. portable media device, CD or MD).
However the following rights have NOT been granted to you:
• Reproduce further copies of the media file in whole or in part.
• Translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
• Cause or permit any third party to translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
• Sub-license, lease, lend, sell, rent, distribute or grant others any rights, or provide copies of the media file to others.
• To share any of The Nest material on any social media platforms or online storage medium or by email.
In order to use certain Available Features, including, but not limited to the media download service, you are required to have Internet access and may be required to download/obtain certain (i) software and (ii) particular compatible devices. You acknowledge and agree that your ability to use Available Features will depend on (among other things) the speed of your Internet access and the hardware and software accessing the Available Features (including whether you have obtained the upgrades and updates that are available for such hardware and software). You are responsible for maintaining your Internet service and hardware and software, including obtaining/downloading any updates/upgrades to such hardware and software. You acknowledge and agree that THE NEST may, at any time and in its sole discretion, change the Available Features and the requirements (type of Internet access, hardware, software) relating to the Available Features THE NEST does not guarantee or warrant that you will have access, at any time, to the THE NEST Sites or any Available Features.