Nestor

Please read the following terms and conditions carefully. These terms and conditions apply to the use of this website.

1. Terms of Agreement

1.1 This agreement is made between you as the user (´you´ or ´your´) and Nestor Limited (´Nestor´) and it constitutes the terms and conditions in respect of your access to and use of the Nestor Website (´the Website´). By accessing the Website you agree to be bound by all these terms and conditions.

1.2 As a condition of your use of the Website, you warrant to Nestor that you will not use the Website for any purpose that is unlawful or prohibited (expressly or by implication) by these terms and conditions. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party´s use and enjoyment of the Website.

2. Modification of Terms

2.1 These terms and conditions may be changed by Nestor at any time via notice on the Website. Your use of the Website at any particular time will be governed by the version of the terms and conditions published on the Website at that particular time.

3. Terms of Use

3.1 You will be provided with an access login and initial password for the Website once you are approved as an authorised user. When you first log on you will be prompted to change your password (and such new password must meet a minimum security criteria). You must keep your login details and password secure at all times and not share such details with any third party. If you do share those details with a third party you will be responsible for all use of the Website by that third party.

3.2 You may use this Website for the purposes of requesting a building report for a property, or accepting such request and uploading a building report (as the case may be) and for other purposes agreed or reasonably required to ensure the efficient and effective operation of the Nestor System.

3.3 You will:

Be solely responsible for all content that you upload (including, but not limited to, images, text, documents (each in any format) and any other kind of content capable of electronic transmission) to the the Website;
Not use this Website directly or indirectly for any activity which is unlawful, infringes a third party´s rights, or breaches these terms and conditions;
Not attempt to gain unauthorised access to the Website or use another person´s name, registration account or password;
Not tamper with, hinder the operation of, or make unauthorised modifications to the Website;
Not:
1. Translate, reverse engineer, reverse assemble, or decompile, or otherwise attempt to access or discover the source or object code of the Website;
2. Copy or reproduce the Website(whether in whole or in part) without Nestor´s prior written consent;
3. Permit any third party to examine, repair or in any way alter the Website;
4. Provide access to, sell, transfer, licence, sub-licence, loan, lease, disclose or publish the Website to any third person, except with Nestor´s prior written consent;
Not upload any content onto the Website that:
1. Is illegal, offensive or unsafe or which breaches the copyright of any third party;
2. Is inaccurate, misleading or deceptive; or
3. Contains any malicious code, data or disabling feature.

4. Intellectual Property

4.1 You acknowledge that Nestor is the sole owner (or licensee) of all intellectual property and content (including, but not limited to, all trademarks, brands, trade names, ideas, systems, applications, copyrights, trade secrets, database, know how, confidential information, message and communication facilities, any textual or graphic material, processes and competitions, together the ´Intellectual Property´) which is displayed on the Website (for the avoidance of doubt, Nestor has an unlimited, irrevocable and royalty free licence to use any content posted on the Website by a user of the Website for the purpose of providing Nestor’s services).

4.2 Nestor provides a non-exclusive licence to you to use the Website solely for the purposes set out in these terms and conditions.

5. Privacy

5.1 We will act in accordance with the Privacy Act 2020. For further details, please read our Privacy Policy.

6. Liability

6.1 Nestor does not warrant, guarantee or make any representations regarding the security of the Website, or that the Website is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage, nor does Nestor warrant, guarantee or make any representations that the Website will be fully accessible at all times, uninterrupted or error free.

6.2 Any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent allowed by law. You agree that if you are using the Website in trade the Consumer Guarantees Act 1993 does not apply, you have an opportunity to receive advice from a lawyer prior to contracting under these terms and conditions and it is fair and reasonable to be bound by this clause.

6.3 Nestor shall not be liable in contract, tort (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of use of the Website, infringement of any intellectual property or any act or omission of Nestor.

6.4 If you place reliance on material posted on this Website you do so at your own risk, and you indemnify Nestor (and its related entities) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted on this Website.

7. General

7.1 These terms and conditions are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.

7.2 If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.