These terms and conditions (“Terms”) apply to the entire contents of the website under the domain name www.nest.my and at other websites through which Nest Technologies Limited (“Company”) provides the Services (collectively the “Website”). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to book with us. If you do not accept these terms, do not use the Website. Please print a copy of these terms for your records. For the purposes of these Terms, the “Services” means the online business solution that facilitates host families, partners and customers in arranging overnight host family accommodation
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website may only be open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full you must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
a. no documents or related graphics on the Website are modified in any way;
b. no graphics on the Website are used separately from the corresponding text; and
c. the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted to you in these terms are reserved by the Company.
3. Your Use of the Website
3.1 You may not attempt to gain unauthorised access to any portion or feature of the Website or to any other systems or networks connected to the Website or to any Nest, ACMT Enterprise’s server, or to any of the products or services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
3.2 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Nest, ACMT Enterprise, including any account information which is not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Website.
3.3 You may not use the Website or any material contain therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Nest, ACMT Enterprise or others.
3.4 You agree not to modify the software underlying the Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Website.
3.5 Where we request registration information from you, you will provide us with true, accurate, current, and complete information.
3.6 Use of the Website is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Website.
4. Data Protection
4.1 Nest, ACMT Enterprise shall comply with all of its obligations as a data controller in relation to your personal information in accordance with Malaysia on data protection.
5. Privacy Statement
5.1 Use of the Website and all of the information that we collect from you, including personal and non personal information is subject to our Privacy Statement.
6. Service access
6.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
6.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
7. Visitor material and conduct
7.1 Other than personally identifiable information (which is covered under our Privacy Statement) any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from the Website including through the use of the messaging system, video or voice call services, any material:
a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b. for which you have not obtained all necessary licences and/or approvals; or
c. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website, messaging system or video or voice call services (including, without limitation, by hacking).
7.4 The Company retains the right to review and action content hosted through the messaging system or video or voice call services for the purpose of operating the Website.
7.5 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material or otherwise misusing the Website in breach of clause 7.2 or clause 7.3.
8.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website you do so entirely at your own risk.
8.2 If you would like to link to the Website you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject always to the following conditions:
a. you do not remove, distort or otherwise alter the size or appearance of the Website or the Nest.my or ACMT Enterprise logo;
b. you do not create a frame or any other browser or border environment around the Website;
c. you do not in any way imply that the Company is endorsing any products or services other than its own;
d. you do not misrepresent your relationship with the Company or present any other false information about the Company;
e. you do not otherwise use any Nest, ACMT Enterprise trade marks or other intellectual property rights displayed on the Website without express written permission from the Company;
f. you do not link from a website that is not owned by you; and
g. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3 The Company expressly reserves the right to revoke the permission granted in clause 6.2 for breach of these terms and/or to take any other action it deems appropriate.
8.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for any breach of clause 8.2.
9.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
9.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company makes available the Website on the basis that the Company excludes, to the greatest extent permissible by law, all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to the Website.
10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website and Services, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
10.2 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.1 You agree to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Website, including any liability or expense (including legal costs and expenses) arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
12.1 If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
13.1 The Company’s rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by us nor by any failure of or delay by us in asserting any such rights or remedies.
14. Law and Jurisdiction
14.1 These Terms are governed by and construed in accordance with the laws of Ireland and any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Malaysia.
15.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.