Last updated 03 November 2005.

Welcome to the Nestmove.com Terms and Conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website, registering as a member and/or placing an order for a service or product you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

If you have any questions relating to these terms and conditions please contact us by e-mail.

Definitions

"Conditions" means these terms and conditions and the Special Conditions; "Product" or “Service” means a product or service displayed for sale on the Website; "Product Description" or “Service Description” means that part of the Website where certain terms and conditions in respect of the individual Product or Service are provided; "Special Conditions" means the terms and conditions in the Product or Service Description; “Services” means the Services to be provided by Nest to or for the Client; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; “Client” “Customer” or “Member” means the person, firm, company or organisation for whom Nest has agreed to provide Products or Services in accordance with these conditions; "We/us" means Nest Move or Nest; “Contract” means the Contract for the provision of Products or Services which shall be governed by these conditions; “Charge” means the Charge payable by the Client to Nest as notified by Nest from time to time; "Website" or “Portal” means the website located at www.nestmove.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your visit and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.

PRIVACY POLICY

Please refer to our Privacy Policy page.

USE OF THE WEBSITE

Access

You are provided with access to this Website in accordance with these Conditions and any use of information provided or orders placed by you must be placed strictly in accordance with these Conditions. We reserve the right to access or suspend your access to all or part of Nestmove.com or Nest Products or Services without notice, for conduct that we, in our sole discretion, believe is in violation of the law, or is harmful to another user, third-party provider, vendor, other partner or Nest. We may also terminate your access for delinquent payment of any membership fees.

Registration

You warrant that:

• The Personal Information which you are required to provide when you register as a member or customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the Personal Information by e-mailing us at webmaster@nestmove.com.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

• Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 
• Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to Nest in connection with your use of the service are the exclusive property of Nest. They may also be used in any medium and for any purpose worldwide without obtaining your specific consent. Any comments you make on the service can be used in radio, television, Internet and print advertisements. Nest is under no obligation to use your comments or name in confidence, pay you compensation for comments submitted, or respond to your comments. You agree that you will be solely responsible for the content of any comments you make.

Usage by Children Under 18

We cannot prevent minors from using the service. But because financial information is necessary to purchase Products and Services, Nest Products and Services are not available for people under the age of 18.

Business Hours, Charges & Communication

Nest’s normal business hours are 08.00 – 18.00 GMT Monday to Friday. Where Nest is required to provide Services outside these hours Nest shall be entitled to Charge for its Services at a higher hourly rate, as the same shall be notified to the Client in writing from time to time. Outside normal hours, the Client may reach a Nest consultant by telephone, fax or email as notified from time to time. Nest will respond to all messages left by the Client as soon as possible.

Telephone calls between Nest and the Client may be recorded and monitored from time to time for training purposes.

PURCHASE OF PRODUCTS & SERVICES

Supply of Products & Services

Nest shall provide the Products and Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between Nest and the Client.

The service permits the Client to request from Nest any information or suggestions in relation to any business needs or desires of the Client (including events, activities, venues, goods and services). Nest reserves the right to refuse to supply Products and Services if, in the opinion of Nest, the Products and Services are to be used by the Client for any immoral or unlawful purpose. Nest’s information and suggestions will be based upon the specific criteria provided to Nest by the Client.

Nest shall inform the Client from time to time of the type and nature of requests with which Nest are accustomed to or capable of dealing but shall not be liable to the Client in the event that a request made of Nest is not capable of fulfilment by them.

Nest shall, within an agreed reasonable period of time, use all its reasonable endeavours to provide information and suggestions in response to the Clients requests. If Nest is unable to deal with any requests, it will inform the Client as soon as reasonably possible.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Services provided by Nest are provided expressly for the Clients and the Clients shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs Nest at the time of the initial request.

The Client shall immediately inform Nest of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by Nest and Nest shall be entitled to decline to provide such Services to such party without providing any reason.

If the Client should request that Nest use the Clients credit card and /or other credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of its authorisation (in such form as Nest shall request) for Nest to use any such credit facility. The Client acknowledges and agrees that Nest shall have no liability or be responsible in any way whatsoever in respect of the use of the Clients credit card and /or other credit card facilities provided that Nest acts in accordance with the instructions issued by the Client in relation thereto.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the request for Reservation or Business Concierge assistance by completing (in part or whole) the Reservation Request or Business Concierge Request forms and by pressing the Submit buttons.
• We will send to you an order acknowledgement e-mail detailing the request that you have placed. This is not an order confirmation or order acceptance from Nest.
• We will liaise with relevant third parties to fulfill your request and present to you by e-mail or by telephone the fulfillment options as described by the originating supplier.
• You confirm your selection or otherwise in writing by e-mailing nest@nestmove.com for Reservations or concierge@nestmove.com for Business Concierge.
• By confirming your selection you are placing an order with Nest and Nest does not guarantee its fulfillment by the third party supplier.
• Order acceptance and the completion of the contract between you and us will take place on the confirmation by you of your order selection unless we have notified you that we do not accept your order or you have cancelled it.

Non-acceptance of an order may be a result of one of the following:

• The service or product that you requested is unavailable
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error 
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

The details of your specific contract will not be filed by Nest. If you do require any information regarding orders you have placed with Nest e-mail us at webmaster@nestmove.com.

Description of goods and services

Each Product or Service purchased is sold subject to its Product Description or Service Description as may be provided by the third party supplier. We will take all reasonable care to ensure that all details, descriptions and prices of Products and Services appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions or Service Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place a request or an order. We cannot confirm the price of a Product or Service until your order is accepted in accordance with our Order acceptance policy.

Charges

Subject to any special terms agreed, the Client shall pay Nest the Charge and any additional sums agreed between Nest and the Client for the provision of the Products and Services.

Nest shall be entitled to vary the Charge from time to time on written notice to the Client.

Nest shall be entitled to invoice the Client immediately upon receipt of written acceptance of these conditions or at other times agreed with the Client.

All payments made to Nest with a Credit Card are liable to a 3% handling charge. This handling charge of 3% is added to the total sum owing to Nest by the Client.

All quotations given and charges mentioned, will be exclusive of VAT unless otherwise stated.

The Charge and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) in advance or within seven days of Nest’s invoice date.

A late payment penalty of 5% of the total invoiced charge will be payable to Nest should payments not be received by Nest within 14 days after the due date billed.

Payment

Prices may be exclusive or inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system or of supplying you with a quote for the Products or Services that you have requested. You will be advised of the total cost of your order at the time of presenting you with your fulfillment options.

Payment can be made by any a valid debit or credit card, including American Express, or by direct bank transfer and payment will be debited and cleared from your account as agreed with Nest for the Service or Product at the time of order or selection and as outlined in the Charges section above.

You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Refusal of transaction

We reserve the right to withdraw any Products or Services from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product or Service from this Website whether or not that Product or Service has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products or Services on this Website and lawfully enter into and form contracts on this Website under English law you must:

• Register by providing your real name, phone number, e-mail address, payment details and other requested information
• Be over 18 years of age 
• Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable 
• Possess a valid credit or debit card issued by a bank acceptable to us

By making an offer to buy a Product or Service, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Termination

When the Client has entered into an agreement of duration longer than one calendar month, Nest and the Client shall be entitled to terminate the Contract for the provision of all or any of the Services or Products on 30 days written notice to the other.

Without prejudice to any other accrued rights and remedies available, Nest shall have the right to terminate the Contract for the provision of all or any of the Services forthwith upon written notice if:

• The Client commits a serious breach of these conditions or, in the case of a breach capable of remedy, fails to remedy such breach within 7 days of written notice from Nest to so remedy; or
• The Client goes bankrupt or turns insolvent or makes voluntary arrangement with any of its creditors or has an order made against any of its effects or property.

On termination for any reason whatever, the Client shall immediately make payment to Nest of all and any sums outstanding and owing to Nest under these conditions (including the Charge or any outstanding balance) and Nest shall provide information and suggestions in response to all outstanding requests made by the Client prior to termination.

On termination of the Contract pursuant to the Termination clauses above, the Client shall not be entitled to refund of the Charge.

GENERAL

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Trade Marks

Nest, Nest™, Nest Move, Nestmove.com, RPM™, RPM Premium™, RPM Lite™, RPM Satellite™, HSA™, PPS™, Desk Research PPS™, Premium PPS™, UtilitiesConnect™, Tenancy Kick-Start™, NEAR™, Nest rated™, UrbanPak™, WelcomePak™ and any other Products or Services mentioned on this Website are commercial trade marks belonging to Nest Move Limited. Any use of these marks by others must be with the express written permission of Nest Move Limited.

In most instances, when we advise a company that it is misusing or infringing on our trademarks, the company readily complies with our request to modify its advertising or web site. It is Nest’s policy to take action against all unauthorised use of its marks.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

Nest shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or the Client’s reliance upon the information and suggestions provided by Nest hereunder and the resulting supply of goods and Services to the Client by any third party.

Nest warrants to the Client that Nest shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions form time to time. Where Nest supply the Client with any goods or Services supplied by a third party, Nest does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or Services and the Client shall be required to seek compensation for any loss or damage suffered from such third party direct. For the avoidance of doubt Nest does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services and the Client is deemed to be responsible for, and shall use its own skill and judgement as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Contract with any third party for the supply of Services or sale of goods.

Nest shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.

Nest shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure, any of Nests obligations in relation to the Services, if the delay or failure was due to any cause beyond Nests reasonable control.

Subject to the provisions of the Limitation of Liability clause, Nests maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products or Services.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any special or indirect losses,

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No failure or delay by Nest in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by Nest of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held by competent authority to be inapplicable or unenforceable in any circumstances.

Entire Agreement

These conditions (together with any other terms and conditions agreed in writing between Nest and the Clients from time to time) constitute the entire agreement between the parties, supercede any previous agreement or understanding and may not be varied except on notice from Nest. All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.

Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Notices and Revisions

Our business changes constantly and our Privacy Notice and the Terms & Conditions will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.

Complaints

If you have any grievances about Nestmove.com, we want to hear from you so we can improve our service. Please email us at webmaster@nestmove.com and we'll consider your comments carefully.