Terms and Conditions

Introduction

Thank you for visiting the Nester tech FZ LLC ("Nester," "we," "us," or "our") website at www.nester.io (the "Site"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS (THESE “TERMS AND CONDITIONS”)

Intellectual Property

The Nester name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Nester Tech FZ LLC. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Nester or third party trademarks or logos without the prior written consent of Nester or the applicable trademark owner.

Services Description

NESTER is a mobile based platform that connects independent parking owners, lessors, managers or operators (“Parking Owners”) with users looking for parking ("Parking Seekers"). You, as user of Nester mobile application (“App”), are identified at all time as a Parking Owner and/or as a Parking Seeker. You are bound to the Terms and conditions detailed in each relevant section below.

Nester services are limited to informing users of the location, availability and rates of the parking spots advertised by the Parking Owners and to facilitating the reservation of these parking spots by the Parking Seekers by collecting the parking fees on behalf of the Parking Owners. The fees collected by Nester are in consideration of these services unless stated otherwise.

Nester does not establish the prices for Parking Spots, operate Parking Spots, or determine parking availability provided by the Parking Owner.

Although we do not guarantee the availability of a specific Parking Spot, if a booked Parking Spot is unavailable at your time of reservation, we will attempt to locate an alternative Parking Spot, provide you with a refund and/or otherwise resolve any issues in accordance with our standard customer service policies and procedures.

Refunds will be done only through the Original Mode of Payment

The parking spaces rented are governed by the conditions of each parking facility.

Nester does not:

  1. Negotiate terms of Parking Owners or settle disputes between users of the App;
  2. Provide a parking service;
  3. Endorse or advise the use of cell phones or mobile devices while driving;
  4. Operate a parking lot or other parking facility;
  5. Otherwise accept custody of motor vehicles; or
  6. Provide services other than the Services (collectively, "Excluded Services").

Responsibilities as a Parking Owner

You declare having the right to rent through ownership or expressed permission from the parking owner.

You authorize Nester to advertise your parking on the platform.

You agree to provide accurate information on your parking listing

Nester reserves the right to remove your parking listing from its platform at their discretion.

You authorize Nester to collect the parking fees for each user reservation.

You can request for the consolidated fees to be transferred to your specified bank account or to your wallet twice or once a month.

You agree to pay to Nester all fees for (including any overage fees) for Nester’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services.

Responsibilities as a Parking Seeker

Once your parking has been reserved, you must park at your dedicated parking spot mentioned in your booking. Failure to do so might inconvenience other users of the parking facility and will result in sanction defined by the parking facility and will be reflected as well on your user profile.

Your parking has been reserved for specific time slot and date. Nester will do its best to remind you of the expiry of your parking reservation and to offer you the possibility to extand it in the extent possible. In case of overstay, penalties will apply as it might affect other Parking Seekers after you or the Parking Owner.

You agree to drive and park in a respectful manner in the parking facility.

The parking facilities are not managed nor owned by Nester.

You are the sole responsible for any eventual damage caused by you to the facility or other vehicles while in the facility.

You park your vehicle in the parking facility at your own risk. We cannot and do not guaranteed the security of your vehicle and/or its contents.

Nester cannot be held accountable or responsible for any incidents during your stay in the parking facility.

In case of repeated incidents, violation or misbehavior, Nester reserves the right to suspend your user account.

Services Pricing and Payment

The price advertised for the parking spots listed on our platform are fixed at the discretion of the Parking Owners. Nester does not establish these prices. Nester accepts payment through Visa and Master card in AED either in compensation of the parking fee or to top up your Nester e-wallet.

Nester will take a commission of 30% on each parking transaction based on the rate defined by the Parking Owners.

Parking Owners will recieve their payments every 2nd week and end of the month.

All online purchases are governed by the terms and conditions of respective merchant service providers. Cardholder must retain a copy of transaction records and Merchant policies and rules.

Once the payment has been processed and approved by the Merchant, you will receive an in-app notification on the NESTER mobile app as well as a email confirmation

You agree to pay to Nester all fees for (including any overage fees) for Nester’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Except as provided in these Terms and Conditions or when required by law, all fees paid by you are non-refundable. Nester may change the fees for any Services

As a Parking Seeker, should you fail to make a payment in case you wish to extend your parking reservation in the extent possible or if you are in violation of your responsibilities, Nester is authorized to automatically take payment from your e-wallet for the full amount due to us for the time parked or any violation as per these terms and conditions.

Cancellations and Refunds

Reservations purchased through the App are fully refundable up to 24 hours before the start of the Reservation unless noted otherwise. You can cancel a Reservation for any reason before that time unless noted otherwise. Within 24 hours of the start of the Reservation, all Reservations are non-refundable, regardless of your use or non-use of the Reservation and regardless of any circumstance surrounding the use or non-use of a Reservation (i.e., traffic or weather delays, cancellation of a related event).

Refunds will be done only through the Original Mode of Payment

Warranty Disclaimers:

THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE NESTER OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. NESTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. NESTER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

General Disclaimers:

NESTER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

United Arab Emirates is our country of domicile, these terms and conditions are governed by the laws of United Arab Emirates and are made between Nester Tech FZ LLC and you.

Nester Tech FZ LLC will not trade with or provide any services to OFAC and sanctioned countries

Customer using the website who are Minor /under the age of 18, shall not register as a User of the website and shall not transact on or use the website.

User is responsible for maintaining the confidentiality of his account

Limitation of Liability:

NESTER, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF NESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR MARKETING SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.