Welcome to www.nestfamily.ie (the “Website“) and Nest Family, the parenting networking, educational and support platform (“Nest”) brought to you by Nest Family Health Limited (“we”, “us” and “our”). We are a private company limited by shares, incorporated in Ireland with company number 675201 and registered address at West House, 63 Kimmage Road West, Dublin 12, Ireland.

These Terms and Conditions of Use (the “Terms”) apply to You when you book and/or attend an online parenting course (the “Course”).

These Terms should be read in conjunction with our Privacy Policy[1] and Cookies Policy[2], in addition to our Pricing Schedule[3], which together make up the “Agreement”; between us. BY BOOKING AND/ OR ATTENDING THE COURSE, YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE WITH THE AGREEMENT, YOU SHOULD NOT BOOK OR ATTEND A COURSE.

FROM TIME TO TIME, WE MAY REFINE OR CHANGE ASPECTS OF THE AGREEMENT AND ANY REVISED TERMS OR POLICIES WILL BE MADE AVAILABLE TO YOU AT [●][4]. PLEASE TAKE A MOMENT TO READ THE CHANGES. IF YOU CONTINUE TO USE THE WEBISTE OR BOOK AND/OR ATTEND THE COURSE AFTER WE MAKE THE CHANGES, YOU WILL BE DEEMED TO AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, YOU SHOULD NOT USE THE WEBSITE OR BOOK AND/OR ATTEND THE COURSE.

Certain words and phrases in these Terms have specific definitions when they start with a capital letter. Where a defined term is used, it has the meaning given to it in the relevant clause of these Terms.

If you have any questions about any of the above, please contact us using the contact details at the end of these Terms.

  1. BOOKING

    1. In order to use the Website and book and/or attend the Course, you must be over the age of 18 and able to enter into a contract.
    2. You must ensure that the details provided by you at any time during the booking and payment for the Course are correct and complete.

  2. FEES & PAYMENT

    1. Access to the Course requires payment. Details of the Fees applicable to the Course (the “Fees”) are set out in the Pricing Schedule.
    2. You acknowledge and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use.
    3. All Fees payments are processed through Stripe and/ or PayPal and we do not collect any information on your method of payment (e.g. the credit card you used). You acknowledge and agree that your payment is subject to the Stripe Services Agreement – Ireland (the “Stripe Services Agreement”) or the PayPal Services Agreement as applicable. By making a Fees payment, you agree to be bound by the Stripe Services Agreement or the PayPal Services Agreement, each as may be modified by Stripe or PayPal respectively from time to time. We shall have no liability in contract, tort (including, without limitation, negligence) or otherwise for any loss or cost suffered or incurred by you arising out of or in connection with your use of Stripe or PayPal services.
    4. Written confirmation of Paid Subscription shall be provided to you at the e-mail address supplied during Course booking and registration.

  3. CANCELLATION

    1. You have a period of 14 calendar days from the date on which you received the confirmation of Fees payment to cancel your Course booking and receive a full refund of the Fees and without giving any reason, provided the course has not begun within this 14 calendar days period. Alternatively, it may be possible to defer to a future course depending on course date availability.
    2. FOLLOWING THE EXPIRY OF THE ABOVE PERIOD OR IN CASES WHERE THE COURSE HAS BEGUN, YOU MAY CANCEL AT ANY TIME WITHOUT GIVING ANY REASON BUT YOU WILL NOT BE ENTITLED TO A REFUND.
    3. In order to exercise your right to cancel, you must email welcome@nestfamily.ie to inform us of same.

  4. THE COURSE

    1. Information in relation to our Courses, their content, period of delivery, presenters, and Fees (as defined below) are available on the Website.
    2. Every effort has been made to ensure that the information contained on the Website is accurate and up to date. We reserve the right to change the courses being offered, the presenters, the order in which topics are presented and course prices. The circumstances for these changes may be beyond our control.
    3. Due to space limitations we cannot guarantee that places will be available for any particular course and we advise booking as soon as possible.
    4. Care has been given to confirm the accuracy of the information presented on the Website, in personal communications, during course modules, and in all materials provided in relation to the course (the “Course Content”). However, we are not responsible for errors or omissions and make no warranty, express or implied, with respect to the Course Content. We cannot be held responsible for any consequences from the application of the information contained on the Website or in the Course Content.
    5. YOU ACKNOWLEDGE AND AGREE THAT THE COURSE IS PROVIDED FOR EDUCATION PURPOSES ONLY. FOR THE AVOIDANCE OF DOUBT, NO MATERIAL AND COURSE CONTENT IS ACCREDITED NOR SUITABLE FOR THE PURSUIT OF PROFESSIONAL OR EDUCATIONAL QUALIFICATIONS.
    6. YOU ACKNOWLEDGE AND AGREE THAT THE COURSE CONTENT DOES NOT REPRESENT INDIVIDUAL MEDICAL, PSYCHIATRIC OR OTHER PROFESSIONAL ADVICE.
    7. BY BOOKING AND/OR ATTENDING THE COURSE, YOU REPRESENT, WARRANT AND UNDERTAKE TO US THAT YOU SHALL NOT, NOR ALLOW ANY THIRD PARTY TO:
      1. MAKE COPIES, DUPLICATE, MODIFY, CREATE DERIVATIVE WORKS FROM OR DISTRIBUTE ALL OR ANY PORTION OF THE WEBSITE AND/OR THE COURSE CONTENT;
      2. ACCESS, USE OR COPY ALL OR ANY PART OF THE WEBSITE OR THE COURSE CONTENT IN ORDER TO BUILD A PRODUCT OR SERVICE WHICH COMPETES WITH OUR BUSINESS;
      3. SELL, RESELL, TRADE OR OTHERWISE PROVIDE ACCESS TO THE COURSE CONTENT;
      4. LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, DISPLAY, DISCLOSE, OR OTHERWISE COMMERCIALLY EXPLOIT THE COURSE CONTENT;
      5. USE THE COURSE CONTENT FRAUDULENTLY, MALICIOUSLY OR IN ANY UNLAWFUL MANNER OR FOR ANY UNLAWFUL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THESE TERMS;
      6. USE OUR INTELLECTUAL PROPERTY RIGHTS IN ANY WAY OR MENTION US IN ANY PUBLICATION, WEBSITE, PRESS RELEASE OR OTHER MEDIA WITHOUT OUR PRIOR WRITTEN CONSENT. FOR THE PURPOSES OF THESE TERMS “INTELLECTUAL PROPERTY RIGHTS” INCLUDES ANY PATENT, TRADE OR OTHER MARK, REGISTERED DESIGN, TOPOGRAPHY RIGHT, COPYRIGHT, DATABASE RIGHT OR ANY OTHER RIGHT IN THE NATURE OF ANY OF THE FOREGOING (OR APPLICATION, OR RIGHT TO APPLY FOR, ANY OF THE FOREGOING), AND TRADE OR BUSINESS NAME, INVENTION, DISCOVERY, IMPROVEMENT, DESIGN, TECHNIQUE, CONFIDENTIAL PROCESS OR INFORMATION OR KNOW HOW, IN EACH CASE SUBSISTING ANYWHERE IN THE WORLD AND WHETHER REGISTERED, UNREGISTERED OR UNREGISTERABLE, AND ANY LICENCE OR RIGHT OF USER OF ANY OF THE FOREGOING, AND THE FULL RIGHT TO ALL LEGAL PROTECTION RELATING TO THE SAME; OR
      7. TO INFRINGE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
    8. WE RESERVE THE RIGHT, IN OUR ABSOLUTE DISCRETION, WITHOUT PRIOR NOTICE TO YOU OR LIABILITY ON OUR PART AND WITHOUT PREJUDICE TO OUR OTHER RIGHTS AGAINST YOU, TO REJECT, PREVENT, TERMINATE OR SUSPEND YOUR ACCESS TO THE COURSE AND THE COURSE CONTENT IF WE BELIEVE THAT YOU HAVE BREACHED ANY WARRANTY, REPRESENTATION OR UNDERTAKING CONTAINED IN THIS CLAUSE 4.
    9. NOTHING IN THESE TERMS SHALL OPERATE TO ASSIGN OR TRANSFER TO YOU ANY INTELLECTUAL PROPERTY RIGHTS LICENSED OR BELONGING TO US. YOU ACKNOWLEDGE AND AGREE THAT WE AND/OR OUR LICENSORS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN THE COURSE CONTENT AND IN ALL OTHER MATERIALS AND/OR DOCUMENTS, CREATED BY AND BELONGING TO US AND/OR OUR LICENSORS.  NOTHING IN THESE TERMS GRANTS YOU ANY RIGHTS, TITLE AND/OR INTEREST IN AND TO ANY OF THE AFOREMENTIONED INTELLECTUAL PROPERTY RIGHTS OTHER THAN AS NECESSARY FOR YOUR ENJOYMENT OF THE COURSE.
    10. ACCESS TO THE COURSE REQUIRES A COMPUTER OR OTHER LIKE DEVICE AND INTERNET ACCESS CONNECTED THROUGH AN INTERNET SERVICE PROVIDER WITH A WEB BROWSER.

  5. THE COURSE

    THESE TERMS ARE PERSONAL TO YOU AND YOU MAY NOT ASSIGN RIGHTS OR OBLIGATIONS CONTAINED IN THESE TERMS OR YOUR RIGHTS RELATED TO THE COURSE WITHOUT OUR PRIOR WRITTEN CONSENT. WE EXPRESSLY RESERVE THE RIGHT TO ASSIGN THESE TERMS AND TO DELEGATE ANY OF OUR OBLIGATIONS UNDER THESE TERMS, IN OUR ABSOLUTE DISCRETION AND WITHOUT YOUR CONSENT. WE MAY ALSO ASSIGN OR DELEGATE CERTAIN OF OUR RIGHTS AND RESPONSIBILITIES UNDER THESE TERMS TO INDEPENDENT CONTRACTORS OR OTHER THIRD PARTIES IN OUR ABSOLUTE DISCRETION AND WITHOUT YOUR CONSENT.

  6. NO WAIVER

    We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

  7. HARM TO COMPUTER SYSTEMS AND DATA

    YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR HARMFUL COMPONENTS THAT MAY ENTER YOUR COMPUTER OR MOBILE DEVICE BY DOWNLOADING INFORMATION, CONTENT OR MATERIALS FROM THE WEBSITE.

  8. LIABILITY

    1. THIS CLAUSE 9 PREVAILS OVER ALL OTHER PROVISIONS OF THESE TERMS AND SETS FORTH OUR ENTIRE LIABILITY IN RESPECT OF:
      1. THE PERFORMANCE, NON-PERFORMANCE, PURPORTED PERFORMANCE OR DELAY IN PERFORMANCE BY US OF OUR OBLIGATIONS UNDER THESE TERMS; AND
      2. THESE TERMS OR THE ENTERING INTO OR PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS.
    2. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY IRISH LAW.
    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE WEBSITE OR THE COURSE CONTENT, WHETHER EXPRESS OR IMPLIED.
    4. YOU ACKNOWLEDGE AND AGREE THAT:
      1. THE WEBSITE AND THE COURSE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND PURELY FOR EDUCATION PURPOSES;
      2. WE ARE NOT RESPONSIBLE FOR THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE OR THE COURSE CONTENT;
    5. WE SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE HOWSOEVER FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER OR NOT SUCH LOSS OR DAMAGE WAS FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE):
      1. LOSS OF REVENUE;
      2. LOSS OF ACTUAL OR ANTICIPATED PROFITS;
      3. LOSS OF CONTRACTS;
      4. LOSS OF THE USE OF MONEY;
      5. LOSS OF ANTICIPATED SAVINGS;
      6. LOSS OF BUSINESS;
      7. LOSS OF OPPORTUNITY;
      8. LOSS OF GOODWILL;
      9. LOSS OF REPUTATION;
      10. LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR
      11. ANY INDIRECT OR CONSEQUENTIAL LOSS HOWSOEVER CAUSED (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHETHER SUCH LOSS OR DAMAGE IS OF A TYPE SPECIFIED IN SUB-CLAUSES (A) TO (J) ABOVE),WHETHER ARISING OUT OF, OR IN CONNECTION WITH, OR IN RELATION TO THESE TERMS OR THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS OR ANY TRANSACTION OR MATTER CONTEMPLATED BY THESE TERMS.
    6. OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OR IN RELATION TO THE COURSE UNDER THESE TERMS OR OTHERWISE OUT OF OR IN CONNECTION WITH OR IN RELATION TO THESE TERMS (INCLUDING THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS) OR ANY TRANSACTION OR MATTER CONTEMPLATED BY THEM SHALL BE LIMITED TO THE COURSE FEES. THE LIMITATION OF LIABILITY UNDER THIS CLAUSE 12 HAS EFFECT IN RELATION BOTH TO ANY LIABILITY EXPRESSLY PROVIDED FOR UNDER THESE TERMS AND TO ANY LIABILITY ARISING BY REASON OF THE INVALIDITY OR UNENFORCEABILITY OF ANY TERM OF THESE TERMS.
    7. WE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS WHICH IS CAUSED BY ANY EVENT OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING ANY LABOUR DISPUTES BETWEEN US AND OUR EMPLOYEES.

  9. SEVERABILITY

    If any provision of these Terms is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

  10. GOVERNING LAW AND JURISDICTION

    These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Irish law. Subject as provided below, the Irish courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and any non-contractual obligations arising out of or in connection with these Terms and we and you submit to the exclusive jurisdiction of the Irish courts for that purpose. Nothing in this Clause 14 limits our right to bring proceedings against you arising out of or in connection with these Terms:

    1. in any other court of competent jurisdiction; or
    2. concurrently in more than one court of competent jurisdiction.

  11. SURVIVAL OF OBLIGATIONS

    The provisions of Clauses 4, 5, 6, 7, 8, 9,10, 11 and 12 shall survive termination of the Course or your use of the Course Content and these Terms however it arises, and shall continue to bind you and us (as applicable) without limit in time.

  12. CONTACT DETAILS

    Our contact details  for the purpose of the giving of notices under the Agreement are:

Address: NEST FAMILY HEALTH LIMITED West House,
63 Kimmage Road West,
Dublin 12 Ireland, D12 F2K0
Attn: William Kinsella
Email address: welcome@nestfamily.ie

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