Welcome to Nestly!
These Terms and Conditions govern your use of our website, mobile application, and services. By accessing or using our platform, you agree to the terms outlined here. Your privacy and trust are important to us, and we are committed to protecting your personal information in accordance with our Privacy Policy. Please read these Terms and Conditions carefully to understand your rights and obligations when using Nestly.
Article 1: Definitions
The following terms are defined as follows within these Terms and Conditions:
1.1 Terms and Conditions: The agreement that governs the relationship between Nestly, its Users, and third parties utilizing its services.
1.2 Services: The offerings provided by Nestly, including but not limited to the operation of online platforms that facilitate connections between Users for babysitting and housekeeping.
1.3 User: Any individual or entity that registers on or uses the platform, including but not limited to service providers and clients.
1.4 Service Provider: A User who offers their skills, services, or time to other Users via the platform.
1.5 Client: A User who engages or hires a Service Provider through the platform.
1.6 Agreement: Any contract formed between Users facilitated by the platform, separate from these Terms and Conditions.
1.7 Personal Data: Any information that can identify a natural person, such as name, contact information, and financial details.
1.8 Force Majeure: Circumstances beyond the control of Nestly that prevent the fulfillment of obligations under this agreement.
1.9 Platform: The digital or online environment provided by [Your Company Name] to facilitate the connection of Users.
Article 2: Applicability
2.1 These Terms and Conditions apply to all Services provided by Nestly. By using the platform, Users acknowledge and accept these terms.
2.2 Any deviations from these Terms and Conditions are only valid if explicitly agreed upon in writing by Nestly.
2.3 If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2.4 In the event of conflicts between these Terms and mandatory legal provisions, the latter shall prevail, and the remaining terms will be interpreted to align as closely as possible with the original intent.
Article 3: Registration and Use of the Platform
3.1 Users must provide accurate and complete information during registration, including but not limited to their name, contact details, and payment information if applicable.
3.2 Service Providers and Clients are responsible for maintaining the accuracy of their information and promptly updating any changes.
3.3 By registering, Users confirm they are at least 18 years old or have obtained parental/guardian consent where required.
3.4 Service Providers agree to display only accurate representations of their skills and experience on their profiles.
Article 4: Obligations of Service Providers
4.1 Service Providers are responsible for ensuring compliance with local laws, including but not limited to tax obligations and necessary certifications or registrations.
4.2 Service Providers must conduct activities with professionalism, diligence, and care.
4.3 Service Providers must notify Nestly of any changes in their availability or qualifications.
4.4 Nestly is not liable for any agreements, disputes, or transactions between Users.
Article 5: Obligations of Clients
5.1 Clients are responsible for selecting suitable Service Providers and verifying their qualifications and experience.
5.2 Clients must honor all payment obligations arising from agreements made with Service Providers.
5.3 Clients must adhere to the platform’s reasonable use policies.
Article 6: Pro Accounts
6.1 Users opting for a Pro Account agree to the associated payment terms as outlined during registration.
6.2 Pro Accounts are activated upon payment and have a term of one month, renewing automatically unless canceled.
6.3 Cancellations must be made no later than 23:59 Mountain Time (Calgary, Alberta, Canada) on the day before the renewal date to avoid automatic charges for the next billing cycle.
6.4 Failure to cancel within the specified timeframe will result in the renewal charge being processed, and no refunds will be issued for late cancellations.
Article 7: Liability
7.1 Nestly acts solely as a facilitator and is not liable for any agreements, disputes, or damages arising between Users.
7.2 In no event shall Nestly be liable for indirect, consequential, or incidental damages arising from the use of the platform.
Article 8: Privacy and Data Protection
8.1 Nestly adheres to applicable data protection laws and will only process Personal Data as outlined in its Privacy Policy.
8.2 Users retain control over what information they share on the platform and are responsible for safeguarding their account credentials.
8.3 Nestly implements reasonable security measures to protect User data but cannot guarantee absolute security.
Article 9: Force Majeure
9.1 Nestly is not liable for failure to perform obligations due to Force Majeure events, including but not limited to natural disasters, technical failures, or governmental actions.
9.2 In such cases, obligations are suspended for the duration of the Force Majeure event.
Article 10: Amendments and Termination
10.1 Nestly reserves the right to amend these Terms and Conditions. Users will be notified of significant changes.
10.2 Continued use of the platform constitutes acceptance of amended terms.
10.3 Users may terminate their accounts at any time, subject to the resolution of outstanding obligations.
Article 11: Governing Law and Dispute Resolution
11.1 These Terms and Conditions are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.
11.2 Any disputes arising out of or in connection with these Terms and Conditions shall be resolved through arbitration in accordance with the Arbitration Act (Alberta). The arbitration shall take place in Calgary, Alberta, and be conducted in English. If arbitration is not mutually agreed upon, disputes shall be submitted to the courts of Alberta, with the venue in Calgary, Alberta.
Article 12: Miscellaneous
12.1 If any provision of these Terms and Conditions is deemed unenforceable, the remaining provisions shall remain in effect.
12.2 Users may not transfer their rights or obligations under these Terms and Conditions without prior written consent from Nestly.
Contact Us
If you have any questions about this Privacy Policy or our practices, please contact us at:
Email: [email protected]