Terms of Service
- This is a legal agreement ("Agreement") between you and Northcott Innovation Limited (ABN 45601575633), owner and operator of the Nest www.gonest.com.au website and matching service ("Nest"). By accessing the Nest website, currently located at www.gonest.com.au (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a User and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site and/or Services.
- IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
- The Nest services consist of the following, without limitation:
- A service for individuals to match to disability accommodation ("Individual Service");
- A service for individuals or companies acting as an agent on behalf of a person or people ("Agent Service");
- A service for companies who provide suitable disability accommodation to promote their accommodation ("Provider Service")
- Nest may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Nest also reserves the right to cease offering any of the Services.
- This Agreement is subject to change by Nest in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please refer to the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Individual Service, you represent and warrant that you are at least 18 years old.
- Meeting Matching System Criteria. The Individual Service requires your completion of the Registration Form in order for Nest to find good quality matches for you. However, Nest may still deliver matches to you via any general searches, but they are limited in their level of matching and suitability. In all cases Nest does not guarantee that there will be any suitable matches or that the identification of a suitable match will lead to a successful filling of a room.
Use of Site and Service
- There are three categories of user:
- Individual user ("Individual") who must be a real person residing in/or intending to reside in Australia.
- Agent ("Agent") who is acting on behalf of an individual or individuals. An agent may be an individual or corporate entity.
- Provider ("Provider") who is promoting suitable accommodation on the Site. A provider must be a registered organisation with a registered office in Australia with an Australian Business Number. A provider may authorise and manage sub-users of its provider user account.
- As any category of user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to be bound by the terms and conditions of this Agreement, including any specific terms and conditions relating to your User type.
- Exclusive Use. Your account is for your use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nest is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and Services are intended for use in Australia. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are prohibited in your jurisdiction, you may not use the Services.
- Information Submitted. You are solely responsible for, and assume all liability regarding:
- The information and content you contribute to the Service;
- The information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and
- Your interactions with other Registered Users through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including:
- Subsequent in-person meetings of Nest users such as discussions, negotiations and communications associated with filling of a room.
- You acknowledge that Nest is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that Nest is unable to confirm that any Registered User is who he or she claims to be.
- You agree to take all necessary precautions when communicating with Users. You understand that Nest makes no representations, warranties or guarantees either express or implied, regarding your ultimate compatibility with any individuals or rooms.
- You further understand that Nest makes no representations, warranties or conditions, either express or implied, as to number or frequency of matches made available to you through the Services.
- No Guarantees. Nest may not be able to provide matches for everyone seeking to use its services. Further, Nest makes no guarantees as to the number or frequency of matches through the Services, or to such matches' ability, desire or criteria to communicate with any user. You understand that Nest makes no guarantees, either express or implied, regarding your oltimate compatibility with individuals or rooms.
- Reporting of Violations. You will promptly report to Nest any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. Nest reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Nest will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Nest further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
Posting and Communication Restrictions
- You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, colt, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information. You will not provide inaccurate, misleading or false information to Nest or to any other user. If information provided to Nest or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Nest of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Nest, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Nest $50 (AUD) for each such unsolicited communication you send through the Services.
- Unique and Bona Fide Profile. As a Registered User of the Individual Service, you will create only one unique profile. In addition, your use of the Individual Service must be for bona fide accommodation-seeking purposes in order to maintain the integrity of the Service (for example, you may not become a Registered User solely to compile a report of compatible properties/rooms in your area, or to write a research paper). Not all registered users are available for matching. From time to time, Nest may create test profiles in order to monitor the operation of the Services.
- No Harassment of Nest Employees or Agents. You will not harass, annoy, intimidate or threaten any Nest employees or agents engaged in providing any portion of the Services to you.
- Ownership of Proprietary Information. You hereby acknowledge and agree that Nest is the owner of highly valuable proprietary information, including without limitation, the matching system, profiles, and application forms (collectively, "Confidential Information"). Nest owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any:
- Confidential Information or
- other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Nest or third party proprietary information available via the Services or the Site.
- Grant of License. By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Nest and its users, an irrevocable, perpetual, non-exclusive, folly-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- Disclosure By Law. You acknowledge and agree that Nest may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to
- comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law);
- protect or defend Nest's, or a third party's, rights or property; or
- protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Nest reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Nest suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Nest, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Nest is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, you agree to allow Nest to anonymously use the information from you and your experiences through the Services to continue Nest's research into disability accommodation needs and to improve the Services. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
Disclaimer of Warranty
- No Warranties. This section will apply to the maximum extent permitted by applicable law. Nest provides the services on an "as is" and "as available" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the services or the site (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Nest does not warrant that your use of the services will be secure, uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the services will be corrected. Nest disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Nest, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Nest does not:
- guarantee the accuracy, completeness or usefulness of any information provided on the services, or
- adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than nest. Under no circumstances will Nest be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to or by any users.
- Beta Features. From time to time, Nest may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Nest's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
- Limitation and Liquidated Damages. To the extent permitted by law, in no event shall Nest be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the site or services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Nest knows or has been advised of the possibility of such damages. Under no circumstances will Nest’s aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you for your account (if any). Nest shall not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third party advertisers or resulting from the presence of such advertisers on the Site or Services.
- No Liability for Users of the Site. While Nest performs an initial limited screening of providers registering for the Provider Service, Nest makes no representations or warranties as to the conduct of such suppliers or their compatibility with any current or future Registered Users. To the maximum extent permitted by law, in no event will Nest be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Registered Users of the Services or persons matched to you by the Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you.
- Information Verification. Nest and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Nest and its contractors will have no liability to you arising from any incorrectly verified information.
- You agree to indemnify, defend and hold harmless Nest, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of any third party claim that:
- your use of or inability to use the Site or Services,
- any user postings made by you,
- your violation of any terms of this Agreement or your violation of any rights of a third party, or
- your violation of any applicable laws, roles or regulations. Nest reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nest in asserting any available defences.
Complaints / Law Enforcement Contact
- To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the Nest website, or email us at firstname.lastname@example.org.
Communication and Privacy
- We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Statement to review your options.
- Termination and Suspension of Service. Either you or Nest may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Nest reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time in our sole discretion.
- Law and Jurisdiction. This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts. Notwithstanding this, before resorting to any external dispute resolution mechanisms the parties agree to firstly attempt to settle any dispute arising out of or in connection with this Agreement, the Site or the Services by mediation. Unless otherwise agreed by the parties, the mediation shall be conducted by teleconference and the venue for any alternative dispute resolution shall be in Sydney, NSW. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief (including urgent interlocutory relief) at any time.
- This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, additional Services terms, comprise the entire agreement between you and Nest regarding the use of this Service, superseding any prior agreements between you and Nest related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Nest to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. To the maximum extent permitted by law, any claim or cause of action arising out of or related to the use of the Site, Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Nest. For your complaint to be valid, you must provide the following information in writing:
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit Nest to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
- A signed statement that the above information is accurate and that you are the copyright owner or are authorised to act on behalf of the owner.
Terms of service for Agent Service
- In addition to above general conditions, there are specific conditions relating to Users who are registered as Agents:
- You have obtained the relevant consents from individuals to act on their behalf, including creating a profile and submitting applications and that you will provide those consents if requested by Nest.
- You will not disclose, publish or share an Individual’s contact details except in the operation of the site as an Agent.
- You agree that Nest may at its absolute discretion, remove, suspend or otherwise modify any Individual profiles created by you acting as an Agent User.
- Nest reserves the right to introduce fees and payments in connection with the operation of an Agent account at its absolute discretion. In doing so, Nest will provide 10 business days' notice of an intention to introduce fees and payments, including outlining the fees and payments structure.
Terms of Service Provide Service
- In addition to above general conditions, there are specific conditions relating to Users who are registered as Providers:
- The properties and rooms that you are including on the site and making available for potential matches are genuinely available at or around the dates indicated in the information that you provide on the Site.
- That images, floorplans and other information that are displayed for properties and rooms are of those specific properties and rooms, unless clearly notified otherwise (e.g. for a not yet built property they might be concept illustrations or general location views).
- That you agree to comply with the Code of Conduct for a Provider as posted and modified by Nest.
- That you agree to deal with Individuals and Agents in a fair and prompt manner.
- You will not disclose, publish or share an Individual’s or Agent’s contact details.
- You acknowledge that you are solely responsible for all sub-users of your Supplier login.
- Nest retains the right to exercise its unrestricted discretion in deciding whether or not to delete any posts or publications, including listings of available properties and rooms.
- Nest does not warrant in any way that the applications received for your rooms via the Nest platform are suitable, genuine applicants.
- Nest reserves the right to introduce fees and payments in connection with the inclusion of properties, rooms, operating a Supplier account at its absolute discretion. In doing so, Nest will provide 10 business days' notice of an intention to introduce fees and payments, including outlining the fees and payments structure.
- That you agree to inform Nest via email when a room is filled (but without needing to disclose who filled the room).
- You acknowledge that Nest holds and owns copyright in and to all content on and available through the Website and that you are only authorised to view, use, copy for your records and download small portions of such content (including without limitation text, graphics, software, audio and video files and photos) for your personal informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
- We reserve the right (but are not obligated) to do any or all of the following:
- Examine an allegation that a publication should be removed and do so at our sole discretion;
- Limit or restrict your access to any or all Public Areas and/or the Website if we suspect any breach of these Terms;
- Monitor, edit, or disclose any publication in the Public Areas;
- Take any action we deem necessary to preserve the rights of any persons using the Website or participating in the Interactions.
- If you make any publication or submission during the Interactions or to an area of the Website accessed or accessible by the public or if you submit any business information, idea, concept or invention to us in any way, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
- This Agreement was last revised on 23 August 2017.
- Copyright © 2000-2017 Northcott Innovation Limited. All Rights Reserved. NEST, and several other marks, colours, and images are registered and common law trademarks of Nest, Inc. Other trademarks and brands are the property of their respective owners.