These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Nest Home (as defined below) governing your access to and use of the Nest Home Platform, including any subdomains thereof, and any other websites through which Nest Home makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Nest Home Services"). The Site, Application and Nest Home Services together are hereinafter collectively referred to as the "Nest Home Platform".
When these Terms mention "Nest Home," "we," "us," or "our," it refers to the Nest Home company you are contracting with. Your contracting entity will be Nest Home Malaysia. Your "Country of Residence" is the jurisdiction associated with your Nest Home Account as determined by either your express selection or by Nest Home's assessment of your residence using various data attributes associated with your Nest Home Account.
Our collection and use of personal information in connection with your access to and use of the Nest Home Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the Nest Home Platform ("Payment Services") are provided to you by Nest Home.
1. Scope of Nest Home Services
1.1 The Nest Home Platform is an online marketplace that enables Nest Home to directly communicate and transact directly with registered users ("Members") that are seeking to book properties ("Listings" or "Accommodations") provided by Nest Home.
1.2 Nest Home strives to provide truthful or accurate Listing descriptions, Ratings, Reviews, or other Member Content (as defined below).
1.3 Nest Home does not endorse any Member. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Nest Home about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken.
1.4 To promote the Nest Home Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Nest Home cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Nest Home Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.5 The Nest Home Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Nest Home is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Nest Home of such Third-Party Services.
1.6 Due to the nature of the Internet, Nest Home cannot guarantee the continuous and uninterrupted availability and accessibility of the Nest Home Platform. Nest Home may restrict the availability of the Nest Home Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Nest Home Platform. Nest Home may improve, enhance and modify the Nest Home Platform and introduce new Nest Home Services from time to time.
2. Eligibility, Using the Nest Home Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Nest Home Platform or register an Nest Home Account. By accessing or using the Nest Home Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Nest Home may make access to and use of the Nest Home Platform, or certain areas or features of the Nest Home Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member's booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Nest Home Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Nest Home Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement. Some areas of the Nest Home Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Nest Home reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Nest Home Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Nest Home Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Nest Home Account") to access and use certain features of the Nest Home Platform, such as booking a Listing. If you are registering an Nest Home Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Nest Home Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Nest Home Account and your SNS Account at any time, by accessing the "Settings" section of the Nest Home Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Nest Home Account and public Nest Home Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Nest Home Account unless Nest Home authorizes you to do so. You may not assign or otherwise transfer your Nest Home Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Nest Home Account credentials and may not disclose your credentials to any third party. You must immediately notify Nest Home if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Nest Home Account. You are liable for any and all activities conducted through your Nest Home Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5. Content
5.1 Nest Home may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Nest Home Platform ("Member Content"); and (ii) access and view Member Content and any content that Nest Home itself makes available on or through the Nest Home Platform, including proprietary Nest Home content and any content licensed or authorized for use by or through Nest Home from a third party ("Nest Home Content" and together with Member Content, "Collective Content").
5.2 The Nest Home Platform, Nest Home Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Malaysia and other countries. You acknowledge and agree that the Nest Home Platform and Nest Home Content, including all associated intellectual property rights, are the exclusive property of Nest Home and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Nest Home Platform, Nest Home Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Nest Home used on or in connection with the Nest Home Platform and Nest Home Content are trademarks or registered trademarks of Nest Home in Malaysia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Nest Home Platform, Nest Home Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Nest Home Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nest Home or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Nest Home grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Nest Home Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Nest Home Platform, you grant to Nest Home a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Nest Home Platform, in any media or platform. Unless you provide specific consent, Nest Home does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Nest Home Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Nest Home Platform or you have all rights, licenses, consents and releases that are necessary to grant to Nest Home the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Nest Home's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Nest Home policy. Nest Home may, without prior notice, remove or disable access to any Member Content that Nest Home finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Nest Home, its Members, third parties, or property.
5.8 Nest Home respects copyright law and expects its Members to do the same. If you believe that any content on the Nest Home Platform infringes copyrights you own, please notify us through our Contact Us page.
6. Service Fees
6.1 Nest Home may charge fees to Guests ("Guest Fees" or "Service Fees") in consideration for the use of the Nest Home Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Guest prior to booking a Listing. Nest Home reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Nest Home. The applicable Service Fees (including any applicable Taxes) are collected by Nest Home. Any Guest Fees are included in the Total Fees collected by Nest Home. Except as otherwise provided on the Nest Home Platform, Service Fees are non-refundable.
7. Terms specific for Guests
7.1 Terms applicable to all bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Nest Home, you can book a Listing available on the Nest Home Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Nest Home Account.
7.1.2 Upon receipt of a booking confirmation from Nest Home, a legally binding agreement is formed between you and Nest Home, subject to any additional terms and conditions of Nest Home that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Nest Home Payments will collect the Total Fees at the time of the booking request.
7.1.3 If you book a Listing on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by Nest Home, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by Nest Home. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.
7.2 Fulfillment Policy
7.2.1 You understand that a confirmed booking of an Accommodation ("Accommodation Booking") is a limited license granted to you by Nest Home to enter, occupy and use the Accommodation for the duration of your stay, during which time Nest Home (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with Nest Home.
7.2.2 You agree to leave the Accommodation no later than the checkout time that Nest Home specifies in the Listing or such other time as mutually agreed upon between you and Nest Home. If you stay past the agreed upon checkout time without Nest Home's consent ("Overstay"), you no longer have a license to stay in the Accommodation and Nest Home is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by Nest Home, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by Nest Home, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by Nest Home as a result of such Overstay. If you Overstay at an Accommodation, you authorize Nest Home to charge you to collect Overstay Fees. A Security Deposit, if required by Nest Home, may be applied to any Overstay Fees due for a Guest's Overstay.
8. Booking Modifications, Cancellations and Refunds
8.1 Guests are responsible for any modifications to a booking that they make via the Nest Home Platform or direct Nest Home customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
8.2 Guests are responsible for any cancellations to a booking that they make via the Nest Home Platform or direct Nest Home customer service to make ("Booking Cancellations"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Cancellations.
8.3 Guests may make Booking Cancellations or make Booking Modifications up to three (3) days before the check in date. Booking Cancellations made three (3) days before the check in date will be entitled to a full refund of the Total Fees. No refunds will be issued for Booking Cancellations made three (3) days or less before the check in date.
8.4 For bookings on monthly leases and bookings that span more than thirty (30) nights up to ninety (90) nights ("Long Term Bookings"), the Guest is required to notify Nest Home at least thirty (30) days to make Booking Modifications or Booking Cancellations. For Long Term Bookings, Booking Cancellations made without notifying Nest Home at least thirty (30) days before the intended cancellation date will be charged additional fees for inconveniences suffered by Nest Home ("Inconvenience Fees"), plus the Total Fees. Guests that failed to notify Nest Home of Booking Cancellations or Booking Modifications authorize Nest Home to charge the Guest to collect Inconvenience Fees plus Total Fees and any other applicable fees.
8.5 If Nest Home cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation, in the form of a discount coupon for the Guest's next stay. In some instances, Nest Home may allow the Guest to apply the refund to a new booking, in which case Nest Home will provide a discount coupon, with value not exceeding the full refund of the Total Fees, for the Guest's subsequent booking at the Guest's direction. Furthermore, Nest Home may publish an automated review on the Listing cancelled by Nest Home indicating that a booking was cancelled.
8.6 In certain circumstances, Nest Home may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons (i) where Nest Home believes in good faith that this is necessary to avoid significant harm to Nest Home, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
8.7 Except as otherwise set out in these Terms, Nest Home may send or request money for additional Damage Claims related to bookings to the Guest, should the Guest(s) damage the property during the Guest(s)'s stay. You agree to pay all amounts sent requested by Nest Home, and Nest Home will handle all such payments.
9. Ratings and Reviews
9.1 Within a certain timeframe after completing a booking, Guests can leave a public review ("Review") and submit a star rating ("Rating") about the Listing. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Nest Home. Ratings and Reviews are not verified by Nest Home for accuracy and may be incorrect or misleading.
9.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
9.3 Ratings and Reviews are part of a Member's public profile and may also be surfaced elsewhere on the Nest Home Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
10. Damage to Accommodations
10.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding Nest Home (and the individuals Nest Home invites to the Accommodation, if applicable).
10.2 If Nest Home claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), Nest Home can seek payment from you. Nest Home reserves the right to collect payment from you and pursue any remedies available to Nest Home in this regard in situations in which you are responsible for a Damage Claim.
10.3 Members agree to cooperate with and assist Nest Home in good faith, and to provide Nest Home with such information and take such actions as may be reasonably requested by Nest Home, in connection with any Damage Claims or other complaints or claims made by Nest Home relating to Accommodations or any personal or other property located at an Accommodation. A Member shall, upon Nest Home's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with Nest Home, which process will be conducted by Nest Home or a third party selected by Nest Home or its insurer, with respect to losses for which Nest Home is requesting payment from the Member.
10.4 If you are a Guest, you understand and agree that Nest Home may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) to the Listing. You agree to cooperate with and assist Nest Home in good faith, and to provide Nest Home with such information as may be reasonably requested by Nest Home, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Nest Home may reasonably request to assist Nest Home in accomplishing the foregoing.
11. Rounding off
Nest Home generally supports payment amounts that are payable from Guests to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Nest Home's third-party payment services provider does not support payments in the smaller unit supported by a given currency, Nest Home may, in its sole discretion, round up or round down amounts that are payable from Guests to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Nest Home may round up an amount of RM101.50 to RM102.00, and round down an amount of RM101.49 to RM101.00.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Nest Home Platform. In connection with your use of the Nest Home Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Nest Home Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Nest Home endorsement, partnership or otherwise misleads others as to your affiliation with Nest Home;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Nest Home Platform in any way that is inconsistent with Nest Home's Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
- use the Nest Home Platform in connection with the distribution of unsolicited commercial messages ("spam");
- unless Nest Home explicitly permits otherwise, book any Listing if you will not actually be staying yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Nest Home Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Nest Home Platform to request, make or accept a booking independent of the Nest Home Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Nest Home Platform or Nest Home Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Nest Home harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services.
- use, display, mirror or frame the Nest Home Platform or Collective Content, or any individual element within the Nest Home Platform, Nest Home's name, any Nest Home trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Nest Home Platform, without Nest Home's express written consent;
- dilute, tarnish or otherwise harm the Nest Home brand in any way, including through unauthorized use of Collective Content, registering and/or using Nest Home or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Nest Home domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Nest Home Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Nest Home or any of Nest Home's providers or any other third party to protect the Nest Home Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Nest Home Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Nest Home Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else's rights or otherwise cause harm to anyone.
12.2 You acknowledge that Nest Home has no obligation to monitor the access to or use of the Nest Home Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Nest Home Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Nest Home in good faith, and to provide Nest Home with such information and take such actions as may be reasonably requested by Nest Home with respect to any investigation undertaken by Nest Home or a representative of Nest Home regarding the use or abuse of the Nest Home Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Nest Home by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Nest Home terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Nest Home Account as a Guest, any confirmed booking(s) will be automatically cancelled and no refunds will be given to any confirmed booking(s).
13.3 Nest Home may immediately, without notice, terminate this Agreement and/or stop providing access to the Nest Home Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Nest Home believes in good faith that such action is reasonably necessary to protect the personal safety or property of Nest Home, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.4 In addition, Nest Home may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Nest Home Account registration or thereafter, (iv) you have repeatedly cancelled confirmed bookings without a valid reason, or (vii) Nest Home believes in good faith that such action is reasonably necessary to protect the personal safety or property of Nest Home, its Members, or third parties, or to prevent fraud or other illegal activity:
- cancel any pending or confirmed bookings;
- limit your access to or use of the Nest Home Platform;
- temporarily or in case of severe or repeated offenses permanently suspend your Nest Home Account and stop providing access to the Nest Home Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Nest Home and an opportunity to resolve the issue to Nest Home's reasonable satisfaction.
13.5 When this Agreement has been terminated, you are not entitled to a restoration of your Nest Home Account or any of your Member Content. If your access to or use of the Nest Home Platform has been limited or your Nest Home Account has been suspended or this Agreement has been terminated by us, you may not register a new Nest Home Account or access and use the Nest Home Platform through an Nest Home Account of another Member.
13.6 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
14. Disclaimers
If you choose to use the Nest Home Platform or Collective Content, you do so voluntarily and at your sole risk. The Nest Home Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Nest Home Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Nest Home relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your stay and to the maximum extent permitted by law, you agree to release and hold harmless Nest Home from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the stay or in any way related to your stay.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15. Liability
15.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Nest Home Platform and Collective Content, your booking of any Listing via the Nest Home Platform, your stay at any Accommodation or any other interaction you have with other Members whether in person or online remains with you. Neither Nest Home nor any other party involved in creating, producing, or delivering the Nest Home Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Nest Home Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Nest Home Platform, or (iv) from your booking of a Listing, including the provision or use of a Listing's Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Nest Home has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Nest Home's aggregate liability arising out of or in connection with these Terms and your use of the Nest Home Platform including, but not limited to, from your booking of any Listings via the Nest Home Platform, or from the use of or inability to use the Nest Home Platform or Collective Content and in connection with any Accommodation or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Nest Home Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Nest Home and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect Nest Home's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
15.2 If your Country of Residence is in the EU, Nest Home is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Nest Home is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Nest Home in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Nest Home is excluded.
16. Indemnification
You agree to release, defend (at Nest Home's option), indemnify, and hold Nest Home and its affiliates and subsidiaries, including but not limited to, Nest Home officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Nest Home Platform or any Nest Home Services, (iii) your interaction with any Member, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
17. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Nest Home Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact Us" section of the Nest Home Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
18. General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Nest Home and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Nest Home and you in relation to the access to and use of the Nest Home Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and Nest Home as a result of this Agreement or your use of the Nest Home Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 Nest Home's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Nest Home's prior written consent. Nest Home may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
18.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Nest Home via email, Nest Home Platform notification, or messaging service (including SMS and WeChat).
18.8 If your Country of Residence is in the EU you can access the European Commission's online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Nest Home is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
18.9 If you have any questions about these Terms please contact us through our Contact Us page.