TERMS OF SERVICE
Welcome to thenestery.in ((“thenestery.in”), “The Nestery”, “us”, “we”, “our” “site”).We encourage you to take advantage of the content and features available on thenestery.in and all the nestery owned and managed websites (each, a “Site”).
The following Terms of Service are applied when The Nestery offers you access to our website. Any reference to access to our website in the agreement below is not limited to thenestery.in and also refers to access to our platform in any form or format.
By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms. If you are using the Site on behalf of any other person/s (including individuals) or entity (including bodies corporate and unincorporated), you further represent and warrant that you are authorized to accept these Terms on such entity’s/person’s behalf, and that such entity agrees to indemnify The Nestery for violations of these Terms.
You agree that all matters relating to your access to or use of the The Nestery, including all disputes, will be governed by the laws of India without regard to its conflicts of laws provisions. This Agreement shall be deemed to have been made and executed at Noida, India, and in all respects shall be interpreted, construed and governed by and in accordance with laws of India with exclusive jurisdiction of the Courts at Noida, India, and all disputes arising out of or in connection with this Agreement shall be subject to Governing Laws of the Courts of Noida, India. You agree to the personal jurisdiction by and venue in the courts at Noida and waive any objection to such jurisdiction or venue.
THE PROVISIONS GOVERNING YOUR USE OF www.thenestery.in:
COMMENCEMENT OF SERVICE
The Service shall be deemed to have commenced on the “Date of Commencement” of service. “Date of Commencement” is the date indicating the acceptance by the user to use the services of The Nestery Acceptance is indicated by accessing, browsing or otherwise using www.thenestery.in
RIGHTS TO WEBSITE AND CONTENTS THEREOF
This Site is owned and operated by The Nestery. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, trademarks, logos, artwork, computer code, images (photographic and moving), illustrations, information, software and selection and arrangement thereof (the “Content”), is owned, lawfully licensed or is used as available from the public domain by The Nestery.
All elements of this website, including, but without limitation, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under these Terms, or other written license or agreement with The Nestery, no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of The Nestery, its licensors or its third-party data partners.
COLLECTION OF PERSONAL INFORMATION
In the course of delivering this site to you The Nestery does NOT collect any personally-identifiable information about you, such as your name, address, phone number or email without your knowledge.
If you have any questions or concerns regarding this matter, please feel free to contact us.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links to third party websites and other independent Web sites (“Linked Sites”) that are not wholly owned or controlled by The Nestery. The Nestery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The Nestery does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. In addition, The Nestery will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve The Nestery from any and all liability arising from your use of this Website and any third party website as described above. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
CONTENT NOT TO BE CONSTRUED AS MEDICAL ADVICE
The Nestery is a website which works closely with bloggers, content creators and experts (across multiple fields) and aims to provide information around parenting to individuals on one platform. The content presented on the website and you obtain or receive from The Nestery, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site including, but without limitation, Health Care, and/or Healthcare Professionals, and/or Medical Professionals or any other information is for informational and educational purposes only. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. You are encouraged to independently verify any such information and seek the advice of your physician or healthcare provider. No licensed medical professional/patient relationship is created by using information provided by or through the use of the site or through any other communications from The Nestery including, but not limited to, the listing of medical professionals, services as mentioned on the website eg. Articles on parenting, reviews, comments etc., or any other feature specific to medical advice” features, links to other sites or any assistance we may provide to help you find an appropriate medical professional or specialist in any field.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, accuracy and completeness of service/product or other information herein. Furthermore, we do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
- The information provided on the site and in any other communications from or provided through The Nestery is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
- All recommendations on our site are as per peer reviews and The Nestery does not independently verify these. We do not recommend or endorse any specific tests, doctors, dentists, health care providers, procedures, opinions, or other information that may appear on this Site. If you rely on any of the Information provided by this Site, you do so solely at your own risk.
- You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
- You explicitly release The Nestery of any legal liability especially medico legal liability arising form the use of any The Nestery listings or services.
USING THE WEBSITE (REVIEWS, RATINGS, COMMENTS AND COMMUNICATIONS)
The Nestery provides services and content, including, but without limitation, of reviews, information directory services, informational articles for individuals, and other platform for discussion, your use of any of the aforementioned content or any content of The Nestery to post reviews, ratings and comments about the The Nestery services and also about the Advertiser’s listed at The Nestery is subject to additional terms and conditions as mentioned herein.
This Site and its Content are intended for Users of www.thenestery.in,. You may not use this Site or the content for any purpose, which is not related to your business with www.thenestery.in. You shall use the Service only for the purpose for which it is subscribed. It is also clarified that if there are any issues, claims or violations of these Terms then in addition to the right to indemnity available to The Nestery, The Nestery shall have the right to take appropriate legal recourse available against you and immediately evocate any usernames, passwords or other permissions that may have been granted by www.thenestery.in or the use of this Site.
You are solely responsible for the content of any transmissions you make to the Site and any publishing, updating, sharing or retransmitting of data added to the Site by you (in case of available access) or, data including but not +limited to transmissions like your Reviews, Ratings, Comments, Messages posted by you(the “Communications”). The Nestery does not endorse or accept any of your Communication as representative of The Nestery’s views.
You are specifically prohibited from, in relation to and including, but without limitation, to The Nestery or any other User or a third party: (i) downloading, copying, printing, duplicating, deleting, varying, uploading, publishing, updating, sharing or retransmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with The Nestery; or amend or use any data or personal information posted by any User on The Nestery except such data and information which is posted by the particular User himself/herself. (ii) using any data mining or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the site or the content by using, framing or similar navigational technology; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or into the internet or The Nestery network system; (iv)using the Site or Content other than for its intended purpose, make any unauthorized commercial use of the Service. Such unauthorized use may also include, but without limitation, use of material protected by patent, copyright, trademark, and/or other intellectual property right. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. (v) uploading, publishing, updating, sharing or retransmitting any data which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, sexually explicit, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, contains medical advice, or otherwise unlawful in any manner whatever; harm minors in any way; (vi)You represent and warrant that you will comply with all applicable regulations, including, without limitation, those relating to the internet, data, e-mail, privacy and the transmission of technical data exported from India or the Country in which you reside. (xi) You agree not to make use of anyone else’s information other than as necessary to complete any transactions in which you are involved.
The Nestery has the right, but not the obligation to monitor and edit or remove any content posted by you as your communication. However, The Nestery reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which The Nestery in its sole discretion deems inappropriate, offensive or contrary to any The Nestery policy, or that violate theses terms.
REGISTRATION AND SECURITY:
Certain features or services offered on or through the Site may require you to create an account (including setting up an User ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Nestery immediately of any breach of security or unauthorized use of your account. Although The Nestery will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses to The Nestery or others due to such unauthorized use. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of another person without appropriate authorization. The Nestery reserves the right to refuse registration of, or cancel a User ID in its discretion.
The Website, including the services provided on the Website, are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Nestery. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The Nestery’s services and offerings.
Because of the nature of the Internet, The Nestery might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the “Maintenance”). The Nestery may at its sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User’s access to The Nestery and/or the Services (as the case may be) without notice to carry out Maintenance. Without prejudice to any other provisions of this Agreement, The Nestery shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, as a result of such deactivation and/or suspension.
You understand that The Nestery has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You agree to defend, indemnify and hold harmless The Nestery, its respective proprietors, its affiliates, licensors, employees, agents, officers, members, representatives, attorney’s, successors, assigns, third party information providers, other third party persons and independent contractors against any claims, losses, damages, costs, liabilities, proceedings, injuries and expenses (including, but not limited to, reasonable attorneys’ fees and litigation expenses) arising out of or related to any of your Communication, or otherwise transmission of data through the Site, your conduct, any breach by you of these Terms, or of any representation or warranty contained herein, your unauthorized use of the Content or the site, or your violation of any rights of another.
The actions of The Nestery, other than an express written waiver or amendment, shall not be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, it will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on the Site, any license contained on the Site and any other information or license terms without prior notice. These Terms set out the entire agreement between The Nestery and you relating to your use of this Site. Any rights not expressly granted herein are reserved.
Notwithstanding any of these Site Terms, The Nestery reserves the right, without notice and in its sole discretion, and without having to give any reason whatsoever, to terminate your account and/or to block your use.
IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS
The Website may now or in the future permit the submission of videos or other communications (audio/written) submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The Nestery does not guarantee any confidentiality with respect to any submissions. Further we assume no responsibility as to the accuracy and authenticity of the content of the User Submissions. However the User Submissions shall be in accordance with the following guidelines:
- You declare and undertake that the User Submission is the original work and that you own the copyright and other relevant licenses, rights, consents, and permissions to use and authorize The Nestery to use;
- You retain all ownership rights in your User Submissions;
- You grant us a non-exclusive, perpetual, royalty-free, worldwide, sub-licensable and transferable license to republish any material you submit to us in any format, including, without limitation, print and electronic format;
- You undertake and confirm that the User Submissions does not contain anything obscene, offensive, defamatory of any person or otherwise illegal;
- You agree that the User Submissions is not misrepresentations that could damage The Nestery or any third party;
- You agree not to post material including spamming which is deliberately intended to upset other users.
DELAY IN SERVICES
The Nestery shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
You and The Nestery agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.
LIMITATION OF LIABILITY
In no event shall The Nestery, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that The Nestery shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
We will use our best endeavors to make this Site secure and have implemented technology for this purpose. However, because of the nature of the internet, we do not warrant that this Site will be secure. Your access and use of this Site is subject to factors beyond our control. We are providing the Site and Service and its respective contents on an “As is” and “As available” basis for informational purposes only.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, The Nestery, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. The Nestery makes no warranties or representations about the accuracy or completeness of this website’s content, information, software, products, features and services or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors, omissions, interruptions, deletions, defects, delay in operation or transmission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. The Nestery does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the The Nestery will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Inclusion of any linked website on the website does not imply approval or endorsement of the linked website by The Nestery. When you access these third-party sites, you do so at your own risk. The Nestery takes no responsibility for third party advertisements which are posted on the website or through The Nestery, nor does it take any responsibility for the goods or services provided by its advertisers. The Nestery is not responsible for the conduct, whether online or offline, of any user of The Nestery. The Nestery assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication, whether based on contract, tort, negligence, strict liabilty or otherwise. The Nestery is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of The Nestery services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation in connection with The Nestery services. Under no circumstances shall The Nestery be responsible for any loss or damage, including personal injury or death, resulting from use of The Nestery’s services, attendance at a The Nestery event, from any content posted on or through The Nestery services, or from the conduct of any users of The Nestery services, whether online or offline, whether in contract tort or otherwise. The Nestery services are provided “as-is” and as available and The Nestery expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Nestery cannot guarantee and does not promise any specific results from use of the website.
The Nestery may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Nestery’s rights or property, or the rights or property of visitors to or users of the Site, including The Nestery customers.
The Nestery reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Nestery also may disclose your information when The Nestery determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that The Nestery may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
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