7. Disclaimers & Limitations
While we make every effort to ensure that all NESTQUE Content displayed on the Site is accurate and complete, we provide the NESTQUE Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, NESTQUE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, NESTQUE does not warrant that the functions contained in or access to the Site, Services, NESTQUE Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, NESTQUE Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any NESTQUE Content in or with any Computer will not affect the functionality or performance of the Computer. NESTQUE does not warrant or make any representations regarding the use or the results of the use of the NESTQUE Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not NESTQUE) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold NESTQUE liable for the loss of any of your User Content that is due to any circumstances beyond the control of NESTQUE.
Any arrangement or reservation made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Nestque will make best endeavours to ensure that reservation availability reflected on this is site is always accurate and up-to-date, but does not make guarantees on Third Party Products ability to honour such arrangements or reservations and expressly disclaims all liabilities or damages arising from the Third Party Products inability to do so.
You acknowledge and agree that NESTQUE does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and NESTQUE hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and NESTQUE shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
You acknowledge that it is not NESTQUE’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that NESTQUE does not endorse and shall not be responsible for any such content.
You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
You agree that:
NESTQUE shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, NESTQUE shall not be liable for any loss, liability or damage which may be incurred as a result.
In no event shall NESTQUE be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the NESTQUE Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that NESTQUE is liable for damages despite the foregoing provision, you agree that NESTQUE’s aggregate liability to you for any and all causes of action in relation to the NESTQUE Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to NESTQUE for the one (1) month period immediately preceding the time such liability arose.
Under no circumstances, including, but not limited to, negligence, shall NESTQUE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the NESTQUE Content, Services, Site, or any other website, even if NESTQUE or a NESTQUE authorised representative has been advised of, or should have foreseen, the possibility of such damages.
You agree that the above exclusions and limitations of liability enable the Services and the NESTQUE Content to be provided by NESTQUE at either reasonable costs or no costs to you.