Terms & Conditions
Please READ carefully. By purchasing any of our products, the following Terms and Conditions are entered into by The Nest Educational Hub (“Company”, “The Company”, or “us”) and The Client (“Client” or “The Client”) agree to the following terms stated herein.
Terms and Conditions may be edited, changed or updated at any time by The Nest Educational Hub without prior notification.
PROGRAM / SERVICE
The Nest Educational Hub
The Nest Educational Hub (herein referred to as “The Nest Educational Hub” or “Company”) agrees to provide courses, programs and training (herein referred to as “Training Course” or “Training Courses”) identified in the online commerce shopping cart. As a condition of participating in any Training Course, the Client agrees to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of any Training Course, the Company shall provide the following to the Client:
Access to the training platform will be limited to individuals or companies that have been sent the relevant links to the platform. No person that is not part of the Training Course will be granted access to the platform. The Company shall maintain a platform that will include resources to support the Training Course. The client shall have access to this platform for 1 calendar month after a Training Course has been completed.
From time to time, the Company will offer bonuses to individuals who sign up for Training Courses. The Client shall be entitled to any bonuses offered to the Client at the time of the Client’s enrolment. Bonuses are not guaranteed to be available for the entire lifespan of any Training Course and they vary depending on specific live and automated promotions throughout the year.
By signing up for any Training Course or event hosted by The Nest Educational Hub, The Client accepts that photographic and media recording permission has been granted to The Nest Educational Hub. The client has the option to contact The Nest Educational Hub and secure any Training Course, at an additional cost, on a one-to-one basis and request that no recordings are made during the Training Course.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to the Client’s participation in the Programs.
Client understands Shayne Moodie (herein referred to as “Educational Consultant”) and The Nest Educational Hub, is an independent provider and cannot guarantee that all training and advise offered will be beneficial to the Client as no two Clients are the same and every situation in education is dependent on the individuals that professionals work with as well as the environment that ‘Client’ works/operates in.
The Client understands that Educational Consultant has not promised, shall not be obligated to and will not;
(1) procure or attempt to procure employment or business or sales for Client based on the attendance of a program.
(2) act as a public relations manager;
(3) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;
(4) introduce Client to Educational Consultant’s network of contacts, media partners or business partners.
Client understands that a relationship does not exist between the parties after the conclusion of these Training Course. If the Parties wish to continue their relationship, they shall execute a separate agreement.
VARIATIONS
The Company may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.
FEES
In consideration of the Client's access to the Programs, the Client agrees to pay the course fees up front. The client may not reverse, cancel or avoid these payments except through the Refund Policy set forth below.
In the event that full payment is not made, the Company shall immediately suspend the client's access to any program and everything it comes with including the Facebook community.
METHODS OF PAYMENT
The Nest Educational Hub (Our Little Nest (Pty) Ltd) will be paid directly through PayPal for all international Client’s.
South African Client’s may contact The Nest Educational Hub at support@nesteducationalhub.com for quotes, invoices and receipts. Banking details will be supplied in these documents for EFT payments.
REFUND POLICY
It is the Client’s responsibility to notify The Nest Educational Hub in writing, by email, should the Client no longer wish to attend the Training Course.
Cancellation charges will be applied as follows:
Up to 3 months before course start date – 50%
Between 3 months & 14 working days – 75 %
Less than 14 working days before commencement of course – 100%
After commencement of course – 100%
The client must include their reason for the refund with their request for a refund.
Once the Client has accessed any of the resources available on the training platform, NO REFUND WILL BE GRANTED.
The Company wants the Client to be satisfied with the Client’s purchase, but The Company also wants the Client to give the Client’s best effort to apply all of the strategies in the course.
Please note:
Upon determining that the Client is entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If the Client receives a refund of any purchase through this money-back guarantee, that shall immediately terminate any access to training materials and platforms for training courses. The Client may not use the material provided to the Client under this Agreement and the Company’s Terms of Use. The Client shall immediately cease using the material and shall destroy all copies of the information provided to the Client, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by The Nest Educational Hub. To further clarify, The Company will not provide refunds for requests made after the 14th day from the Client’s date of purchase.
If the Client has any questions or queries, please let us know by contacting our support team directly. The support desk can be reached at support@nesteducationalhub.com
FAILURE TO ATTEND
If you fail to attend the Training Course for which you have been booked, The Nest Educational Hub will not be held responsible for refunds. Should a position become available for future training of the same training course, you may be contacted to attend a catch-up session in order to receive your certificate.
You may send an alternative delegate should you not be able to attend the entire training course. Please inform The Nest Educational Hub of such arrangements for administration purposes. Delegates cannot attend single sessions during a set training course programme.
CANCELLATION BY THE NEST EDUCATIONAL HUB
The Nest Educational Hub reserves the right to cancel or reschedule any Training Course due to insufficient enrolment by providing written notice to you no less than 7 calendar days in advance of the scheduled commencement date of the Training Course.
Should The Nest Educational Hub cancel the relevant Training Course, you have the option of receiving a full credit towards the same course on an alternative date or a refund for the course.
In no event will The Nest Educational Hub be liable for any losses which you may suffer consequent upon cancellation by us of a Training Course pursuant to this clause.
If The Nest Educational Hub cancels a Training Course due to a Force Majeure event as detailed in this document, you are entitled to full Training Course credit for the same Training Course to be held on an alternative date. The Training Course credit will remain valid for a period of 90 calendar days of the date of the original Training Course.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information The Client provides, except as set forth in this Agreement. As a condition of participating in the Training Courses, the Client hereby agrees to respect the privacy of other Training Course participants and to respect the Company’s confidential information.
Specifically, the Client shall not share any information provided by other Training Course participants outside of the bounds of the Training Course unless the Client receive express written permission from such other participant to share the information. Similarly, the content of the Training Course contains the Company’s proprietary methods, processes, forms, templates, and other information. The Client hereby agrees not to share the information provided to The Client in the Training Course with anyone other than the Company, its owners and employees, and other Training Courses participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Programs, such as text, teachings, graphics, logos, images, as well as the compilation thereof, and any software used in the Training Courses, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The Client must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Training Courses are the trademarks of their respective owners.
The Client’s participation in the Training Courses does not result in a transfer of any intellectual property to The Client, and, as a condition of participation in the Training Courses, The Client agrees to observe and abide by all copyright and other intellectual property protection.
The Client hereby agrees that The Client will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Training Courses.
The Company content is not for resale. The Client’s participation in the Programs does not entitle the Client to make any unauthorised use of any protected content, and in particular, the Client will not delete or alter any proprietary rights or attribution notices in any content. The Client will use protected content solely for the Client’s individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. The Client agrees that the Client does not acquire any ownership rights in any protected content. The Company do not grant the Client any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
The Client hereby agrees that any infringement of the Company’s intellectual property shall result in legal proceedings. To be clear, if the Client violates the Company’s intellectual property rights, the Client’s access to the Training Courses will be terminated immediately, and the Client shall not be entitled to a refund of any portion of the fees.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Training Courses, which provides education and information. The information contained in the Training Courses, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to The Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, electrical or telecommunication breakdown or a company outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
The Client agrees to absolve and do hereby absolve the Company of any and all liability or loss that the Client or any person or entity associated with the Client may suffer or incur as a result of the use of the Training Courses and/or any information and resources contained in the Training Courses. The Client agrees that the Company shall not be liable to the Client for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Training Courses.
The information, software, products, and service included or available through the Training Courses may include inaccuracies or typographical errors. Changes are periodically added to the information in the Training Courses. The Company and/or its suppliers may make improvements and/or changes in the Training Courses at any time.
The Company 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 in the Training Courses 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. The Company 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 the Company 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 Training Courses, with the delay or inability to use the Training Courses or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Training Courses, or otherwise arising out of the use of the Training Courses, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to The Client. If the Client is dissatisfied with the Training Courses or any portion of it, the Client’s sole and exclusive remedy is to discontinue using the Training Courses.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or another statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Training Courses, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
The client may not assign this Agreement without the express written consent of the Company.
MODIFICATION
The company may modify the terms of this agreement at any time.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate the Client’s access to the Training Courses and the related services or any portion thereof at any time, if:
· The Client becomes disruptive to the Company or other Training Courses participants,
· If The Client fails to follow the Training Courses guidelines, or
· If The Client otherwise violates this Agreement.
The Client shall not be entitled to a refund of any portion of the fees in the event of such termination.
INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of:
· The Client’s use of or inability to use the Training Courses and related services,
· Any user postings made by the Client,
· The Client’s violation of any terms of this Agreement or
· The Client’s violation of any rights of a third party, or
· The Client’s violation of any applicable laws, rules or regulations.
The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Client, in which event the Client will fully cooperate with the Company in asserting any available defences.
RESOLUTION OF DISPUTES
The Client hereby expressly waive any and all claims the Client may have, now or in the future, arising out of or relating to the Training Courses. To the extent that the Client attempts to assert any such claim, the Client hereby expressly agree to present such claim only in a court that are geographically closest to Mossel Bay, South Africa.
LAW & JURISDICTION
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of South Africa.
Without detracting from the provisions of clause 24, the parties irrevocably agree that the High Court of South Africa has jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook or Google, nor have they been reviewed, tested or certified by Facebook or Google.
There is no guarantee that the Client will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. The Company does not position this product as a “get rich scheme.”
The Client’s level of success in attaining the results claimed in our materials depends on the time the Client devotes to the Training Courses, ideas and techniques mentioned, the Client’s knowledge and various skills. Since these factors differ according to individuals, The Company cannot guarantee the Client’s success or income level. Nor is The Company responsible for any of the Client’s actions.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion. Many factors will be important in determining the Client’s actual results and no guarantees are made that the Client will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that the Client will achieve any results from our ideas and techniques in our material.
If the Client does not understand or agree with any of these conditions, please do not order our Training Course or materials. If the Client requires further clarification, please contact support@thenesteducationalhub.com
INFORMATION ABOUT THE CLIENT AND THE CLIENT’S VISITS TO THIS SITE
The Company processes information about the Client in accordance with our Privacy Policy. By using this site, the Client consents to such processing and the Client warrants that all data provided by the Client is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
The Client must not misuse this Site by knowingly introducing any material which is malicious or technologically harmful. The Client must not attempt to gain unauthorised access to this site, the server on which this site is stored or any server, computer or database connected to this site. The Client must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By failing to comply with this provision, the Client would commit a criminal offence and the Client’s right to use this site will cease immediately and the Company will report the Client’s actions to the relevant authorities.
LIABILITY
The material displayed on The Nest Educational Hub site is provided without any outcome-guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, I hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with The Nest Educational Hub site or in connection with the use, inability to use, or results of the use of my site, any website linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.