Terms of Use

The Nest Restaurant Web Site is comprised of various Web pages operated by Nest Restaurant. This Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions and notices.

Modification of these Terms of Use

Nest Restaurant reserves the right to change the terms, conditions, and notices under which the Nest Restaurant Web Site is offered, including but not limited to the charges associated with the use of the Nest Restaurant Web Site.

No Unlawful or Prohibited Use

As a condition of your use of the Nest Restaurant Web Site, you warrant to Nest Restaurant that you will not use the Nest Restaurant Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Nest Restaurant Web Site in any manner which could damage, disable, overburden, or impair the Nest Restaurant Web Site or interfere with any other party's use and enjoyment of the Nest Restaurant Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Nest Restaurant Web Sites.

Liability Disclaimer

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Nest Restaurant WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Nest Restaurant AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Nest Restaurant WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Nest Restaurant WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Nest Restaurant AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.Nest Restaurant AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nest Restaurant AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nest Restaurant WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nest Restaurant FITNESSNest Restaurant WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nest Restaurant WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nest Restaurant WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nest Restaurant OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Nest Restaurant WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Nest Restaurant WEB SITE.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State Queensland, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Brisbane. Queensland, Australia in all disputes arising out of or relating to the use of the Nest Restaurant Site. Use of the Nest Restaurant Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nest Restaurant as a result of this agreement or use of the Nest Restaurant Web Site. Nest Restaurant performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nest Restaurant's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Nest Restaurant Web Site or information provided to or gathered by Nest Restaurant with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nest Restaurant with respect to the Nest Restaurant Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nest Restaurant with respect to the Nest Restaurant Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 


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