Dated: 31st October 2014
1. About Us
mynesting.com, the MyNesting service and associated MyNesting software is owned by Efficient Software Limited (‘Efficient Software’, ‘we’ or ‘us’). Efficient Software Limited is a limited company registered in England and Wales with company registration number 5175065 and whose registered office is at 22-26 Nottingham Road, Stapleford, Nottingham, NG9 8AA, England.
Please see the Contacts section of the website for the various options for getting in touch with us.
2. About these Terms
2.1. These terms apply to your use of the MyNesting website at http://www.mynesting.com (the “website/site”) and associated MyNesting client software (“software”).
2.2. The most current version of these terms is dated on the above date but we may at any time revise them without notice. You are responsible for reviewing these terms on each occasion that you revisit the site and if you continue to use our site after changes are made you are deemed to have accepted them.
3. Acceptance of these Terms
3.1. You agree that your use of the MyNesting website or any part of it is subject to these terms and conditions. You are deemed to have agreed to and accepted these terms and conditions if you continue to browse or use any part of the MyNesting website.
4.1. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of these conditions by you or any other liabilities arising out of your use of the website or software, or the use by any other person accessing the website and software using your pc or internet access account.
5. Contents and Use
5.1. The content of the MyNesting website is only for your general information and use only.
5.2. Neither we nor any such third parties provide ant warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offer on the website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.3 Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the website meet your specific requirements.
5.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
5.5 You may view, and use, download and store the material on the MyNesting website for personal and research use only. Commercial use is not permitted. You may not download for storage material from the website unless specifically directed to do by Efficient Software. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is prohibited.
5.6 Unauthorised use of this website may give us a right to a claim for damages and/or be a criminal offence.
6.1. Links to this website are permitted, subject to first obtaining our prior written consent although we reserve the right to withdraw such consent at any time. Links must only be made to the home page of this website and you are not entitled (nor shall you assist others) to set up links from your own website to this website by deep-linking, framing or otherwise, without our prior written consent. Such consent may be withheld at our absolute discretion, and without the need to provide a reason.
6.2. This website includes links that allow you to leave this website and visit third party sites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
6.3. You may not create a link to any part of this website or material contained on it without the prior written consent of Efficient Software Limited.
7. Community Areas and Interactive Facilities
7.1. You may find that there are facilities and areas on the website which allow you and/or third parties to communicate, post, transfer or store information, data and material and certain areas of our site are reserved for registered users. Additional terms will apply to those areas, such as specific acceptable use policies or specific terms for buying licences of any specialised products or services which are available only to registered users.
7.2. Please make sure any information you provide to us is up-to-date and accurate, and let us know of any changes as soon as you can.
7.3. You will be responsible for keeping your user name and password confidential and secure and for all use made of your account, whether or not it is used by you or with your authority. Please notify us immediately you become aware of any unauthorised use or other security breach and always ensure you close your browser at the end of each session.
7.4. You may not assign or sub-license any rights we grant you as a registered user.
7.5 We are not responsible for such information, data or material communicated, posted, transferred or stored on the MyNesting website. In particular, we do not warrant the quality or accuracy of such information, data or material and are not liable if it contains any Offending Material (defined below). Your use of such information, data and material is solely at your own risk and is subject to all applicable laws, regulations and codes of practice. “Offending Material” means any material, data, images or information which is:
7.5.1. in breach of any law, regulation, code of practice or acceptable use policy; or
7.5.2. false, inaccurate, abusive, indecent, defamatory, obscene or menacing or otherwise offensive; or
7.5.3. in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party.
7.6. You agree not to use and not to let any other person use such facilities and areas to communicate, post, transfer or store any Offending Material. It shall be irrelevant whether you are aware of such Offending Material.
7.7 We will not tolerate any use of our website which damages or is likely to damage our reputation, the availability or integrity of the website or which causes us or threatens to cause us to incur any legal or regulatory liability.
7.8. We reserve the right to suspend the use of our site generally or block your access to membership facilities or any part of the site and/or to suspend or terminate your rights to use the site or any part of it if we suspect misuse. We shall then report any misuse of our site to the relevant enforcement or other authorities and to our advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.
8. Online Shop
8.1. This website allows registered users to buy credits and subscriptions for use with the MyNesting service. We may also occasionally offer other products and services from Efficient Software or third parties.
8.2. Nest Credit Expiry. Purchased nest credits have an expiry of 1 year from the date of purchase. If you do not use purchased nest credits before they expire then they are forfeited. We cannot refund expired or unused credits in accordance with our refund policy (8.4).
8.3. Unlimited Nesting Subscriptions. You may use your subscription on a number of computers up to your concurrent login allowance. You must notify us immediately if you believe your login details have been compromised.
8.4. Refund Policy. The MyNesting Client software is free to download and use. It is not a requirement to buy nest credits unless you want to export a nesting solution from the software. As a nesting solution can be seen before exporting from the software, we do not offer refunds on either misused or unused nest credits or subscriptions.
8.5. Your offer to purchase or acquire such goods or services shall be subject to the relevant Terms and Conditions of Sale.
8.6. We reserve the right to correct any inaccurate information such as typographical errors, even if you have already submitted your order to us.
8.7. In certain circumstances we reserve the right to reject an order. If your order is accepted there will then be a contract between us. Please note that we will not file a copy of the concluded contract or make it accessible on-line.
8.8. Any other third party products and services that may be available from our website are subject to the third party’s terms and conditions, and are not endorsed or warranted by us.
9. Intellectual Property Rights
9.1. This website and its contents are protected by copyright laws and are owned by Efficient Software and its licensors. All rights are reserved. The exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of this website by any means and in any form, in whole or in part, and to make this website available to the public, and to distribute any copyright protected material in the site (including without limitation, any online software or courses) shall remain with Efficient Software or its licensors. You agree not to copy, adapt, alter or create any derivative work from any material on this site, or to negatively influence the use or enjoyment of this site by anyone else.
9.2. Efficient Software Limited may own various trade marks and registered trade marks (“the marks”). You may not use those marks, and any third party trade marks that appear on this website, other than as permitted by express written licence from the licensor or by law. In particular, but without limitation, you may not use the marks as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to Efficient Software Limited. Please notify us immediately if you become aware of any infringement of the marks.
9.3. All other intellectual property rights in the website are the property of Efficient Software or its licensors.
9.4. Nothing in these terms or on this website should be taken as conferring any licence or right to use any material on this website without the prior written approval of the owner, whether that is Efficient Software or its licensors with the exception of clause 9.5.
9.5. If you place an order through this website, we encourage you to print out copies of that order, our Terms and Conditions of Sale.
9.6. We may grant you other express permissions relating to material on this website.
10. Disclaimer and Limitation of Liability
10.1. We take steps to ensure that all information we provide on this website about our software and services is correct and complete but we do not warrant it will be correct and complete.
10.2. Use of this website is free and we take steps to ensure it is available to all permitted users. We do not warrant that the site will be continuously available, or that it will be compatible with all hardware and software, or that your use of the site will be uninterrupted or error-free, or that the site and server will be free from attack. Efficient Software Limited reserves the right to take the website offline for any reason without prior notice.
10.3. Except as set out in clause 13.2, we will be under no liability to you whatsoever whether in contractor, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or the materials contained in this website, including, without limitation, as a result of any computer virus.
12. MyNesting Software
12.1. Grant of License. Efficient Software grants to you a non-exclusive license to use the software for your internal business purposes only. You may not lease or sublet any part of the software or nesting solutions exported from the software to any third parties without the express written permission of Efficient Software.
12.2. Software Copyright. The software and documentation is owned by Efficient Software Limited and is protected by United Kingdom copyright laws, international treaty provisions, and all other applicable national laws. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the code and algorithms of the software.
12.3. Warranty. The software is delivered as is and Efficient Software Limited makes no warranty as to its use, suitability or performance. Efficient Software Limited does not, and cannot warrant the performance or results you may obtain by using the Software or its documentation. Efficient Software Limited makes no warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Efficient Software Limited be liable to you for any consequential, incidental or special damages, or for any claim by any third party.
12.4.1. You must not publish, make available, or convey through other means to the public domain or to any third party without Efficient Software Limited’s prior written consent: i) any of the results found using the MyNesting software, ii) any comparisons between this and any other software.
12.4.2. The software must not be used, wholly or in part, in connection with the development, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons or in any application or system where the failure of the software to perform can reasonably be expected to result in personal injury or loss of life. This licence is expressly made subject to any regulations, orders, or other restrictions on the export from the UK of the software or information about such software, which may be, imposed from time to time by the UK government.
12.5. Termination. The Grant of License of 12.1 is effective until terminated. The licensee may terminate this License at any time by destroying all copies of the software and its documentation. The grant of license under section 12.1 will terminate immediately without notice from Efficient Software Limited if the licensee fails to comply with any provision of the full Terms of Service. Upon termination, the licensee must destroy all copies of the software and its documentation.
13.1. If a court or other competent authority holds any of these terms to be void or unenforceable in whole or part, the other terms and the remainder of the affected term shall continue to be valid.
13.2. Nothing in these terms shall exclude or limit our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.
13.4. These terms and the use of this website and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.