Terms of Use / Privacy

"We" are Nestoria Australia Limited (UK company number: 173788) and our address is First Floor, 7-10 Chandos Street, London, W1G 9DQ, United Kingdom .

These terms and conditions are deemed to include our privacy policy and are collectively known as "these Terms".

When you use this Site, you agree to be bound by these terms and conditions.

a. Nestoria Australia Limited ("NESTORIA") provides its service to you, subject to the following Terms and conditions ("Terms of Use"), which may be updated by NESTORIA from time to time without notice to you. You should review the Terms of Use periodically for changes at: http://www.nestoria.com.au/

b. In addition, when using particular NESTORIA services, you and NESTORIA shall be subject to any guidelines and rules applicable to such services which may be posted by NESTORIA from time to time. All such guides and rules are hereby incorporated by reference into the Terms of Use. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the Terms of Use to that part, but to the extent of any inconsistency between the Terms of Use and any guide or rule, the Terms of Use will prevail. NESTORIA may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.

c. If you do not agree to be bound by these Terms, you may not use this Site.

NESTORIA currently provides users with access to a collection of on-line resources, (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Use. You acknowledge and agree that the Service is provided "AS IS" and that NESTORIA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3.

You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.

a. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by NESTORIA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

b. NESTORIA grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NESTORIA for use in accessing the Service

c. Without limitation to clause 2.a), the house in the nest and nestoria.com.au logo is our registered trademark. You may not use or copy it without our prior written consent.

d. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NESTORIA has no control over such sites and resources, you acknowledge and agree that NESTORIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NESTORIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

The details of the properties available on this Site are provided to us by estate agents and other third parties for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.

You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.

You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.nestoria.com.au, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

The use of derived informations from the Nestoria service, (notably average house prices) in any and all its available original formats (HTML, XML or JSON via our API, RSS, KML, FBML, etc.) must link back to the original URL at the domain Nestoria as specified at http://www.nestoria.com.au/help/linking-to-nestoria, quoting authorship and source of the data as Nestoria's.

We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

a. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

b. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

c. The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.

d. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.

a. Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.

b. Subject to clause 6.a), we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.

c. Subject to clause 6.a), we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

d. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 6.a), we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.

e. Subject to clause 6.a), we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.

f. Subject to clauses 6.a) to 6.e) inclusive, we shall not be liable to you for:

• any indirect, consequential, special or punitive loss, damage, costs and expenses;
• loss of profit;
• loss of business;
• loss of reputation;
• depletion of goodwill; or
• loss of, damage to or corruption of data.

Your correspondence or business dealings with, or participation in promotions of, advertisers and Estate Agents found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or Estate Agent. To the fullest extent permitted by applicable law, you agree that NESTORIA shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and Estate Agents on the Service.

English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.

a. All notices shall be given:

• to us via our online feedback form or by post to Lokku Ltd. Unit 1, 82 Clerkenwell Road, London EC1M 5RF, United Kingdom
• to you, by email to the email address that you provide to us via our feedback form.

b. All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 8 working days after the date of posting.

We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us via our online feedback form

We aim to acknowledge all customer feedback.

Information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.nestoria.com.au/help/privacy

You agree to indemnify and hold NESTORIA and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit or post through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

NESTORIA respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the problem via our online feedback form.

Please report any violations of the Terms to our customer support team via our online feedback form.

NESTORIA is not responsible for the content of external internet sites.

a. Modifications to service -

NESTORIA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NESTORIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

b. General information -

These Terms of Use (including the guides and rules referred to herein) constitute the entire agreement between you and NESTORIA and govern your use of the Service, superseding any prior agreements between you and NESTORIA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and NESTORIA shall be governed by the laws of England. You and NESTORIA agree to submit to the exclusive jurisdiction of the English courts. Any failure by NESTORIA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

c. General practices regarding use and storage -

You acknowledge that NESTORIA may establish general practices and limits concerning use of the Service, including with out limitation the maximum number of days that blog postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NESTORIA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You further acknowledge that NESTORIA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

d. Termination -

You agree that NESTORIA in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NESTORIA believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. NESTORIA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that NESTORIA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NESTORIA shall not be liable to you or any third-party for any termination of your access to the Service.

e. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.