TERMS AND CONDITIONS
Last Updated: 30th April 2018
These Terms and Conditions apply to all offers and agreements whereby Expat Nest provides services and / or goods under whatever name to a client and / or customer of these services and / or goods as well as to the use of the website of Expat Nest.
If any provision of these Terms and Conditions is null and void or is nullified, the other provisions of these Terms and Conditions will remain in full force. The parties then consult each other with the aim of agreeing new provisions to replace the void and / or voided provision, but with – as far as possible – the same scope as the void and / or voided provision.
Online counselling agreement
An agreement between Expat Nest and the client and / or customer is established by signing by the client and / or customer and Expat Nest of the Agreement for online counselling services or by parties starting counselling in accordance with the agreement for online counselling services.
Expat Nest reserves the right to refuse participation in online counselling services if it appears that following them is not justified. Expat Nest informs the client / customer as soon as possible. Expat Nest is not liable for compensation of costs or damage as a result of not being able to participate in online counselling.
People from the age of 16 can purchase online counseling services from Expat Nest. Persons younger than 16 who wish to purchase online counseling also need the agreement of the persons in charge of the parental authority.
Obligations of the client and/or customer
The client and/or customer is responsible for executing the advice and results of the online counselling.
The client and/or customer is responsible for information of the online counselling stored on his / her own computer as well as for the stored messages in his / her own email system.
Unless otherwise agreed, the first fee is due directly after the first meeting. Subsequently, the payable fees will be invoiced on a monthly basis.
If the payment is not made within the payment term, Expat Nest will send a reminder that has to be considered a notice of default. In the absence of payment after the term specified in the reminder, the client and/or customer is in default. From the moment of default, the client and/or customer owes interest on the outstanding amount of the statutory interest plus 2%.
In case of liquidation, suspension of payment, (imminent) bankruptcy of the client and/or customer, the obligations of the client and/or customer are immediately due and payable.
Payments made by the client and/or customer always serve first to settle interest and costs due, in the second place to settle the due and payable invoices that have been outstanding the longest, even if the client and/or customer states that the payment relates to a later invoice.
If the client and/or customer is in default or fails to comply with one or more of its obligations, all reasonable costs incurred in obtaining payment out of court will be charged to the client and/or customer. In any case, the collection costs amount to 15% of the amount due with a minimum of € 40.
The client and/or customer shall owe the legal costs actually incurred by Expat Nest, even if these costs exceed the applicable costs of the proceedings, in all instances and even if the client and/or customer is ordered to pay these applicable costs.
The client can terminate the online counselling agreement at all times.
Expat Nest can only terminate the online counselling agreement unilaterally, stating reasons, if it cannot reasonably be expected of Expat nest to continue this agreement. A reason can in any case be (i) failing to hear from a client and/or customer for a certain period of time during online counseling, (ii) failure by client and/or customer in the fulfilment of his obligations arising from the agreement, including the payment obligations.
The liability of Expat Nest, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by its insurer.
If in any case the insurer does not pay out, or the damage and/or loss is not covered by the insurance, the liability of Expat Nest is limited to the fee part calculated in the relevant assignment over the last two months or the total of all payments made by the client/customer if this amount is less. The liability is limited to direct loss.
Expat Nest is not liable for any damage and/or loss to third parties, for whatever reason, caused by behavior or actions of the client and/or customer. The client and/or customer indemnifies Expat Nest against third-party claims on that basis.
Expat Nest is not liable for any damage and/or loss resulting from the use or the impossibility of using both the website and the personal online environment. Any damage and/or loss will be understood to include damage and/or loss resulting from the inaccuracy, incompleteness or unsuitability of information or damage and/or loss as a result of viruses.
Expat Nest is not liable for damage and/or loss resulting from the use of electronic means of communication with which access to both the website and the personal online environment can be obtained, including damage to hard- and software, damage as a result of non-delivery or late delivery of electronic messages and misuse of electronic messages by third parties, unless there is intent or gross negligence by Expat Nest.
Expat Nest shall maintain confidentially with respect to personal data provided by the client and/or customer.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. The Site may contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Expat Nest (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both Dutch and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the expressed consent of the owner of the material; and (ii) that you are 16 (sixteen) years of age or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
If you violate any part of these Terms and Conditions, your permission to access and/or use the content and the Site automatically terminates and you must immediately destroy any copies you have made of the content.
The trademarks, service marks, and logos of Expat Nest (the “Expat Nest Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Expat Nest International. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Expat Nest International Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Expat Nest Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the content may be retransmitted without our express, written consent for each and every instance.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
This Site may include a variety of features, such as bulletin boards, web logs, comment fields, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you DO NOT:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
- Purchase, download or copy any products or services from this site and use to pirate said content
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
Expat Nest may host message boards, chats and other public forums on its Site. Any user failing to comply with these Terms and Conditions may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Please, inform us about inappropriate content of which you become aware. If you find something that violates these terms of service, please let us know, and we’ll review it.
Expat Nest or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Expat Nest staff, Expat Nest’s outside contributors, or by users not connected with Expat Nest, some of whom may employ anonymous usernames.
Expat Nest expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Expat Nest or any of its subsidiaries or affiliates.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others.
You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
Expat Nest has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
If you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiaries and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential or inconsequential damages that result from the use of, or the inability to use, the Site, including its materials, products, or services, or third-party materials, products, or services made available through the Site.
To the maximum extent permitted by applicable laws: (i) we shall not be subject to liability for any delays or interruptions of the Site from whatever cause, and you agree that you use the content and the Site at your own risk; (ii) we disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade; (iii) we shall not be liable for any damages whatsoever (including, without limitation, direct, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the Site or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory.The Site may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the Site. The Site may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the Site at any time without notice.
You specifically acknowledge and agree that we are not liable for any defamatory offensive or illegal conduct of any user. If you are dissatisfied with the Site, any materials, products, or services on the Site, or with any of the Site’s terms and conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or materials. This Site is continually under development and Expat Nest makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness for any purpose.
The Site is not directed to children under the age of 18 and we will not knowingly collect personally identifiable information from children under 18. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
By posting on the Site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed.
These Terms and Conditions as well as any agreement of which these Terms and Conditions will be a part shall be binding upon and inure to the benefit of Expat Nest and our respective assigns, successors, heirs, and legal representatives. Neither any agreement of which these Terms and Conditions will be a part nor any rights hereunder may be assigned without the prior written consent of Expat Nest. Notwithstanding the foregoing, all rights and obligations under any agreement of which these Terms and Conditions will be a part may be freely assigned by Expat Nest to any affiliated entity or any of its wholly owned subsidiaries.
Any possible complaint will be handled according to the applicable complaints procedure as mentioned in the individual Counselor’s agreement. In the event that such a complaint procedure does not follow from the individual Counselor’s agreement, Expat Nest will take care of proper referral. Furthermore Expat Nest/Ms. Paraskevi (Vivian) Chiona can act as complaint officer to mediate in disputes between the client and/or customer and counsellor.
Copyrighted by Expat Nest. ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without expressed permission from Expat Nest.
Although we encourage you to email us, we do not want you to, and you should not, email us any content through comments or the contact form that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.