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Terms of Use

This page (together with any pages of our website referred to in it) sets out the terms and conditions (the “Conditions”) under which we, NANNUKA INTERNATIONAL LIMITED (the “Company”), provide an online advertising and networking service, helping families connect with carers (the “Services”). The Company provides its Services through its website, www.nannuka.com (the “Website”). By applying for the Services you indicate that you accept these Conditions and that you agree to abide by them. Moreover, by using the Services, you acknowledge that you have accepted the privacy and personal data protection policy.

Please understand that if you refuse to accept these Conditions, you will not be able to participate in any Services via our website.

The Company reserves the right to alter or amend the applicable Conditions for the use of the Website at any time. Such changes, modifications, additions or deletions to the Conditions will be effective immediately following their communication, which may be given by any means including, but not limited to the posting of new conditions of use on the website. The visitor/user is requested to check the content of the Conditions for any changes and revisions. Any use or continued use of the Website after such change or modification or renewal or revision shall be deemed to constitute acceptance by users of such changes, modifications, additions, deletions, etc. These revised terms will exceed all previous versions of the Conditions.             

1. Introduction

The Company is NANNUKA INTERNATIONAL LIMITED, an Irish Registered Company, with registered seat at 22 Northumberland Road, Ballsbridge, DUBLIN 4, Ireland, VAT no. 3391833PH with REG.NO. 568135.

Should you wish to contact us about these Conditions please do so via our Website Contact Us page.

2. Definitions

In these Conditions, words or expressions beginning with a capital letter, whether used in the singular or the plural, will have the following definitions:

2.1  “Assignment” means the service conferred upon the Service Provider by the Service User.

2.2  “Content” means all offers, messages or information of any nature whatsoever (text, images, videos, photographs, comments, marks, company names, etc.) uploaded by a Member.

2.3 Company” means NANNUKA INTERNATIONAL LIMITED COMPANY, an Irish Registered Company, with registered seat in Dublin-Ireland, 22 Northumberland Road, Ballsbridge, DUBLIN 4, VAT no. 3391833PH and REG.NO. 568135

2.4 “Member” means a Service Provider or Service User using the Website’s platform.

2.5  “Platform” means the structure put in place by the Company, which can be accessed online at the following address: www.nannuka.com.

2.6  “Premium Subscription” means a paid subscription giving access to the paid Premium Services offered by the Company for a limited period.

2.7  “Service User” means a Member, a natural person, wishing to hire the services of a Service Provider via the Platform.

2.8  “Service Provider” means a Member registered on the Website willing to carry out the Assignment requested by the Service User.

2.9  Service” means all paid or free services offered by the Company via the Platform.

2.10  “User” means any person using the Platform, whether they are just a visitor or a Member.

2.11  “Verification” means an option indicating whether a profile has undergone special Verification.

2.12 Website” means www.nannuka.com

 

3. Applying for Membership

3.1            The User needs to register in the Website as a member (Member) in order to participate in an Assignment. Service Providers can advertise their services via the Platform and Service Users can access the Platform to locate a suitable Service Provider.

3.2            In order to become a Member, the User must provide all information marked as mandatory when completing a form available online on the Platform. This information must be correct, up-to-date, truthful, and proved upon Company’s first request, as well as updated regularly by the Member via the user profile.

3.3            More specifically, the Member must specify a valid e-mail address which will allow them to confirm their registration as well as a telephone number on which they can be contacted.

3.4            The Company reserves the right to accept or refuse any registration in the event of non-compliance with these Conditions.

3.5            The Member undertakes to personally use the Platform and refrain from allowing any third party access thereto in their place or on their behalf. The Member undertakes to create just one account.

3.6            The Member undertakes to ensure that his/her username and password are kept secret. Any Assignment carried out using the Member’s username and password will be deemed to have been completed by such Member, and this Member will therefore be solely responsible for this.

3.7            By applying to be a Member, you warrant that you are at least 18 years old. You agree that you will not create multiple accounts with us. We do not accept applications from childcare agencies.

3.8            By posting a profile, the Service Provider agrees that the Company forward this profile to partners in order to maximize their chances of finding an Assignment.

3.9            By posting an Assignment, the Service User agrees that the Company forward this Assignment to partners in order to maximise their chances of finding an Assignment or a Service Provider.

3.10          Where you are a Service Provider you warrant that all services provided by you to a Service User will comply with all relevant legislation and regulations affecting childcare services and that you hold all appropriate licences and registrations.

 

4. Verification of Information

 

4.1            In order to guarantee Service User the accuracy of information provided by Service Provider called upon to complete Personal Assignments, the Company offers a Profile Verification System (the “Verified Members”). This Verification consists of verifying the identity, personal details and potential qualifications held by babysitters and nannies who have opted for the Verification service.

a)        Identity: the Service Provider submits an electronic copy of their identity document (Identity Card, Passport, Residence Permit or Document valid for residents from outside the European Union). The Company will verify that the surname, first name and age submitted during registration on the Platform are consistent;

b)       Qualifications: if the Service Provider states that they hold certain qualifications, they will submit an electronic copy of these. The Company will verify that the qualification has been issued to the surname and name provided during the Service Provider’s registration.

c)        DBS document: The Company is unable to accept a DBS document that contains one of the offences mentioned in this link (official link and documents of the UK government) https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check.

4.2            Service Provider wishing to be verified will pay a certain amount, which will cover the costs associated with the Verification and become a Premium member of the service.

 

5.  Access to Website

5.1            The Company acts as an online advertising and networking platform for Service User and Service Provider. When a Service Provider and Service User enter into agreement for the supply of services with respect to an Assignment, the agreement will be directly between the Service Provider and the Service User.

5.2            The Company is not a party to any contractual relationship between the Service Provider and the Service User (whether oral, written or other). It is up to the Member to ensure that he is satisfied of the suitability of any engagement, to confirm the identity and the status of those involved and to check any credentials. The Company has no supervision or responsibility for the behavior of Service Provider, Service User or any third party making use of the Platform and disclaims any liability.

5.3            The Member acknowledges and agrees that posting profiles and/or Assignment on the Website, the Company is not acting as an agent of any visitors to the Website or as an agent of any Service User and/or Service Provider.

5.4            The Company does not endorse any comments, opinions or reviews made by anyone on the Website and do not review their accuracy or content, but reserves the right to remove any comments, opinions, reviews or other materials from the Website which do not comply with the acceptable use policy set out in clauses 10 to 12 inclusive.

5.5            Without prejudice to the generality of the above:

(a)      where the Member is a Service User, the Service User will be solely responsible for the engagement of a Service Provider on terms acceptable to the Service User, for verification of Service Provider’s identity, qualifications, credentials and experience and for all necessary direction, supervision and control;

(b)      where the Member is a Service Provider, the Service Provider acknowledges that the Company does not guarantee any recruitment or engagement with a Service User and must satisfy the suitability of any Assignment with a Service User.

5.6            The Company may also provide links on the Website to the websites of other companies, whether affiliated with the Company or not. The Company cannot give any undertaking that products or services the Member purchases from third party sellers through the Website, or from companies to whose website the Company has provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by the Company absolutely. This disclaimer does not affect Member’s statutory rights against the third party seller.

5.7            Nothing in these Conditions shall be deemed to constitute a partnership or any employment relationship between the Member and the Company, nor will anything be deemed to constitute one party the agent of the other for any purpose.

5.8            The Member shall indemnify the Company against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by the Company in the event:

(a)      that the Company held to be acting as Member’s agent in performing Company’s obligations or any Services under these Conditions;

(b)      of any breach by the Member of these Conditions;

(c)      of any dispute between any Service User and Service Provider.

5.9            Access to and registration on, the Website are free of charge. Usage is also free of charge depending on the services required.

5.10          Access to the Website is permitted on a temporary basis and the Company reserves the right to withdraw or amend the Services on the Website without notice (see below). The Company will not be liable if for any reason, the Website is unavailable at any time or for any period.

5.11          From time to time, the Company may restrict access to some parts or the entire Website, to Members who have registered in the Website.

5.12          If the Member chooses, or is provided with, a user identification code, password or any other piece of information as part of the Company’s security procedures, the Member must treat such information as confidential, and must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by the Member or allocated by the Company, at any time, if in the Company’s opinion the Member has failed to comply with any of the provisions of these Conditions. If the Member know or suspect that anyone other than the Member knows the login details, password or other security information, the Member must promptly notify the Company at www.nannuka.com/en/support.

5.13          When the Member uses the Website, the Member must comply with the provisions of the acceptable use policy set out in clauses 10 to 12 inclusive.

 

6.  Intellectual Property

6.1            The Company is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2            The Members must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from the Company or Company’s licensors.

6.3            The Website is a trade mark and a domain name owned by the Company.

 

7.  Subscriptions 

7.1            Premium Subscription offered to Service Provider

                 The Verification procedure gives Service Provider the possibility to sign up for the Premium Subscription service, allowing them to take advantage of the following benefits (the “Premium Service Provider”):

a)        Advertisements of Premium Service Provider will appear at the top of the results list following a default search carried out by Service User.

b)       Premium Service Provider have access to the telephone numbers provided on certain advertisements of Service Users who have agreed to provide these, it being specified that access to Service Users’ telephone numbers is only granted once an initial message has been sent.

7.2            Premium Subscription for Service Users

                 Any Member Service User may sign up for the Premium Subscription Service, allowing them to take advantage of the following benefits (the “Premium Service User”):

a)        Advertisements of Premium Service User will appear at the top of the results list following a default search carried out by Service Provider.

b)       Premium Service User may contact Service Provider on an unlimited basis via the internal messaging service;

c)        On an unlimited basis, Premium Service User may contact Service User who have published a care advertisement shared via the internal messaging service;

d)       Premium Service User will have access to the telephone numbers of all Service Provider who have agreed to provide these, it being specified that access to Service Provider’ telephone numbers is only granted once a response from the Service Provider has been received via the internal messaging service;

e)        Premium Service User may view advertisements published by other Service User in relation to Service Provider Assignments. They may contact the Service User who have created these advertisements via the internal messaging service on an unlimited basis;

f)        Premium Service User may reserve Service Providers;

g)       Offline-VIP Services: The Company proceeds at once to a search on account of the Premium Service User, based on the criteria which he/she has set. Later on, the Company conducts an availability check and sends to the Premium Service User those Service Providers Profiles, which are immediately available and suit his/her needs, as well as the relevant contact information (the number of CVs is not specified, but in any case it will be minimum 2 profiles maximum 6). The responsibility for the selection and the final contact with the available professionals belongs to the Premium Service User. In case the Premium Service User begins an Assignment with the Service Provider, the Premium Service User will have no further financial obligation towards the Company, while the whole financial and professional transaction is defined and concerns solely Premium Service User and the Service Provider. Simultaneously, Premium Service User will have free access to the Online service for the search of Service Providers in 4 basic categories (babysitting, tutoring, elderly care, household care) for 1 month from the day the Premium Service User activate the Premium Subscription.

h)       VIP-Flash:, The Company sends the available professional profiles. The VIP-Flash service is offered in urgent cases, in which the collaboration with the  Service Providers have a specific duration (up to 4 weeks).The Company sends to the Premium Service User the Service Provider’s profiles, which are available at that particular moment and suit the needs of the Premium Service User. Later on, the Premium Service User chooses whom wish to contact.

7.3            It should be noted that the above Offline-VIP and VIP-Flash services, have no additional charge only for this particular time period i.e. for 1 month from the date of purchase of the subscription. After one month from the activation of the Premium account, there will be charges for the use of Premium Subscription based on the charging policy of the company (please contact the relevant department +44 02037696371 Monday to Friday 10:00-18:00 or at hello@nannuka.com).

7.4            The after-tax price of Premium Subscription can be found on the Website in the dedicated area.

7.5            The Company uses payment management services from a third party to process Member’s payments. Payment processing services provided by Stripe www.stripe.com are subject to Stripe Terms of Service (collectively, the "Stripe Check Out Terms of Service").

7.6            The charge on the credit/debit card will be made upon preliminary inspection and certification of the data and the validity of, through the payment management service you use. The billing amount should be available and will be held with the order confirmation. To make the purchase through the Website, the Member will have to follow the instructions found on it. In the purchase form that you find, the Member should complete the number and expiration date of the data of his/her credit/debit card. The Member is solely responsible for the proper recording and the truth of the credit card. The sales receipt will be uploaded to the account upon completion of the purchase process.

7.7            The Member can change the card he/she has chosen to pay by visiting the Website and by going to "My Account". If a payment fails due to expiration of the card, insufficient amount, or whatever other reason, and the Member does not change or cancel his/her account, the Company may suspend access to the Website until an arrangement of the payment.

7.8            This results the changing of the billing date. For certain ways of payment, the provider of the card may charge taxes and extra charges. The Member should check this with his/her card provider.

7.9            All charges take place (at the earliest) 24 hours before the expiration of the subscription. Example 1: If a subscription expires on 10/11/2017 10:00, the charge will take place on 09/11/2017 10:00. In case the charging fails (due to insufficient amount, card expiration or any other reason), the Member will receive a message that the charging has failed and that his subscription will end. If the Member sees the message, he/she can log into his/her account and add a new card and a while later the system will try again to charge the new card. In this manner, the Member has the opportunity to renew his/her subscription before it ends. If the subscription expires, the Member will have to pay again the initial amount. Example 2: In some cases, the package expiration time will be 00:00 at midnight. In these cases, the charging will take place at 00:00 at midnight of the previous day. In other words, in the above-mentioned example, the charging would take place on 09/10/2017 00:00. For this reason, it is advisable that the cancellation of the subscription by the Member takes place at least two (2) days before (for example, on 09/11, 23:59), so that the Member will have adequate time to deactivate his subscription.

7.10          The above information is provided on the dedicated page before these actions are carried out, as well as in the e-mail confirming the Premium Subscription.

7.11          In the event that an Assignment is currently in place between a Service Provider and Service User, the Service User may have to check the expiration/date of renewal of the Premium Subscription until the Assignment(s) has/have been completed and/or cancelled.

 

8.  Reliance on information posted

8.1            Commentary and other materials posted on the Website are for guidance purposes only. The Company therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. The Member must make all appropriate investigations before entering into an engagement with a Service User or Service Provider.

8.2            The Company aims to update the Website regularly, and may change the content at any time. If the need arises, the Company may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to verify or update such material.

8.3            Any information is provided for the personal use and it must not be used for any further commercial purpose, such as the resale or further distribution to a wider audience.

 

9.  Limitation of Warranties and Limitation of Liabilities

9.1            The Company make no warranties, either express or implied, representations, guarantees or conditions, including without limitation, any implied representations, guarantees, conditions or warranties of the accuracy of the material information and credential displayed on the Website, the quality of services supplied by the Service Provider with respect to an Assignment or the particulars of the Assignment posted by the Service User.

9.2            In no event shall the Company be liable to Member whether based on contract or tort or any other legal theory, including without limitation strict liability, gross negligence or negligence in connection with:

(a)      all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b)      direct, indirect or consequential loss or damage incurred by any Member in connection with the Services, on the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability, damages to and loss of property, 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;

(c)      any liability for death or personal injury arising to any Member from an Assignment;

9.3            The Company shall not be held liable for death or personal injury or damages and loss of property due to Company’s negligence or fraudulent misrepresentation by any Member.

9.4            Subject to clauses 9.1, 9.2, 9.3 and 9.4, the Company’s aggregate liability in respect of claims based on events arising out of or in connection with the Services, these Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total charges paid by the Member for Membership Fees in the calendar year in which the claim arises.

9.5            The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Member’s computer equipment, computer programs, data or other proprietary material due to your use of the Website or to any downloading of any material posted on it, or on any website linked to it.

9.6            Notwithstanding the above, the Service Provider and the Service User respectively hereby agree to defend, hold harmless, and indemnify, to the fullest extent possible, the Company, its employees, officers, directors, agents and shareholders (each an “Indemnitee” and collectively “Indemnitees”) from and against all liabilities, losses, damages, judgments, fines, amounts paid in settlement, expenses and costs of defense, including without limitation reasonable attorneys’ fees and witness fees, resulting from any past, present, or future claim, demand, suit, action, or proceeding, arising out of or relating in any way to any unlawful act or omission, or willful misconduct of Service Provider or Service User during the course of an Assignment.

 

10.   Uploading Material to the Website

10.1          Whenever a Member make use of a feature that allows him/her to upload material to the Website, or to make contact with other Members of the Website, he/she must comply with the acceptable use policy set out in clauses 10 to 12 inclusive. The Member warrants that any such contributions (Contributions) do comply with that policy, and he/she will indemnify the Company for any breach of that warranty.

10.2          Any material the Member uploads to the Website will be considered non-proprietary and the Company has the right to use, copy, distribute and disclose to third parties any such material in accordance with these Conditions and Company’s Privacy Policy. The Company also has the right to disclose Member’s identity to any third party who is claiming that any material posted or uploaded by the Member to the Website constitutes a violation of their intellectual property or other rights.

10.3          The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by any Member to the Website.

10.4          Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

10.5          Contributions must not:

(a)      contain any material which is defamatory of any person;

(b)      contain any material which is obscene, offensive, hateful or inflammatory;

(c)      promote sexually explicit material;

(d)      promote violence.

(e)      promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f)       infringe any copyright, database right or trade mark of any other person;

(g)      be likely to deceive any person;

(h)      be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(i)       promote any illegal activity;

(j)       be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(k)      be likely to harass, upset, embarrass, alarm or annoy any other person;

(l)       be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(m)     give the impression that they emanate from us, if this is not the case; or

(n)      advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

(o)      contain any direct contact details including email addresses, phone numbers, web addresses, facebook pages or similar unless it is expressly stated that they are allowed.

10.6          The Company has the right to remove any material or posting, the Member makes on the Website if, in the Company’s opinion, such material does not comply with the Company’s acceptable use policy set out in clauses 10 to 12 inclusive or as the Company believes in its sole discretion is prudent or necessary to minimise or eliminate its potential liability.

10.7          The Company shall be responsible for the accuracy and completeness of the Member’s Contributions and for ensuring that that they are current and up to date.

10.8          The Company has no obligation to the Member, and undertakes no responsibility, to review their Contributions (including user-generated content) to determine whether they may result in any liability to any third party.

10.9          The Member shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that any material posted, or linked to, the Website by the Member constitutes a breach of the Company’s acceptable use policy set out in clauses 10 to 12 inclusive.

 

11.  Prohibited Uses of the Website

11.1          The Member may use the Website only for lawful purposes. The Member may not use Company’s site:

(a)      in any way that breaches any applicable local, national or international law or regulation;

(b)      in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c)      for the purpose of harming or attempting to harm minors in any way;

(d)      to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy as set out in clauses 10 to 12 inclusive;

(e)      to transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

(f)       to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

11.2          The Member also agrees not to access without authority, interfere with, damage or disrupt:

(a)      any part of the Website;

(b)      any equipment or network on which the Website is stored;

(c)      any software used in the provision of the Website; or

(d)      any equipment or network or software owned or used by any third party.

 

12.   Interactive Services

12.1          The Company may from time to time provide interactive services on the Website, including, without limitation, chat rooms and bulletin boards (Interactive Services). Where the Company provides any Interactive Service, the Company will provide clear information to the Member about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

12.2          The Company will do its best to assess any possible risks for the Member (and in particular, for children) from third parties when they use any Interactive Service provided on the Website, and the Company will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the Company is under no obligation to oversee, monitor or moderate any Interactive Service, the Company provides on the Website, and the Company expressly exclude its liability for any loss or damage arising from the use of any Interactive Service by a Member in contravention of the Company’s content standards, whether the service is moderated or not.

 

13.  Suspension and Termination

13.1          The Company will determine, in its discretion, whether there has been a breach of these Conditions through Member’s use of the Website. When a breach of these Conditions has occurred, the Company may take such action as it deems appropriate.

13.2          Failure to comply with these Conditions may result Company taking all or any of the following actions:

(a)      immediate, temporary or permanent withdrawal of membership and the right to use the Website;

(b)      immediate, temporary or permanent removal of any posting or material uploaded by the Member to the Website;

(c)      issue of a warning to the Member;

(d)      legal proceedings against the Member for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e)      further legal action against the Member; or

(f)       disclosure of such information to law enforcement authorities as Company reasonably feel is necessary.

13.3          The Company excludes liability for actions taken in response to breaches of these Conditions. The responses described above are not limited, and the Company may take any other action, reasonably deems appropriate.

13.4          The contract between the Company for the supply of the Services will continue until the Member cancels the Premium Subscription in accordance with clause 6 or (if you are not subscribed to a Premium Subscription) the Member will close his/her account or until the Company terminates the contract pursuant to clause 13.2 or 13.6. The Member is responsible for cancelling Premium Subscription /closing account when the Member no longer require Company’s services.

13.5          The Company will not be entitled to a refund of any monies paid to the Company by the Member if the Member cancels the contract with the Company for the supply of the Services pursuant to clause 7.

13.6          The Company may cancel the contract with the Member for the supply of the Services at any time without a refund to the Member and with immediate effect by giving the Member’s notice if Member does not pay the Company when he/she is supposed to.

 

14.   Linking to the Website and links from the Website

14.1          The Member may link to the Website, or any other public page on the Website, provided that do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but the Member must not establish a link in such a way as to suggest any form of association, approval or endorsement on Company’s part where none exists. The Member must not establish a link from any website that is not owned by him/her.

14.2          The Website must not be framed on any other site, nor may the Member create a link to any part of the Website other than the home page. The Company reserves the right to withdraw linking permission without notice. The website from which the Member is linking must comply in all respects with the content standards set out above.

14.3          If the Member wishes to make any use of material on the Website other than that set out above, please address the request to the Company via the Website contact page at https://www.nannuka.com/uk/support

14.4          Where the Website contains links to other sites and resources provided by third parties, these links are provided for information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Member’s use of them.

 

15.   Written Communications

                 Applicable laws require that some of the information or communications the Company may send to the Member should be in writing. When using the Website, the Member accepts that communication with the Company will be mainly electronic. The Company will contact the Member by e-mail or provide him/her with information by posting notices on the Website. For contractual purposes, the Member agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Company provides to the Member electronically comply with any legal requirement that such communications be in writing. This condition does not affect the statutory rights of the Member.

 

16.   Notices

                 All notices given by the Member to the Company must be given to NANNUKA INTERNATIONAL LIMITED COMPANY, with registered seat in Dublin-Ireland, 22 Northumberland Road, Ballsbridge, Dublin 4. The Company may give notice to the Member at either the e-mail or postal address he/she provided to the Company the Member joined the Website or place an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such an e-mail was sent to the specified e-mail address of the addressee.

 

17.   Transfer of rights and obligations

17.1          These Conditions are binding the Company and the Member and on their respective successors and assignees.

17.2          The Member may not transfer, assign, charge or otherwise dispose of any of his/her rights or obligations arising under these Conditions without Company’s prior written consent.

17.3          The Company may transfer, assign, charge, sub-contract or otherwise dispose of any of its rights or obligations arising under these Conditions at any time.

 

18.   Events outside Company’s control

18.1          The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by events outside our reasonable control (Force Majeure Event).

18.2          A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.

 

19.   Waiver

19.1          If Company fails at any time to insist upon strict performance of any of the Member’s obligations under these Conditions, or if the Company fails to exercise any of the rights or remedies to which the Company is entitled, this will not constitute a waiver of such rights or remedies and will not relieve the Member from compliance with such obligations. A waiver by the Company of any default will not constitute a waiver of any subsequent default.

19.2          No waiver by the Company of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to the Member in writing in accordance with clause 15 above.

 

20.   Severability

                 If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

21.  Entire agreement

21.1          These Conditions and any document expressly referred to in them constitute the whole agreement between the Company and the Member and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the Company relating to their subject matter.

21.2          The Company and the Member each acknowledge that neither of them relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.

21.3          Each of the Company and the Member agree that their only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

21.4          Nothing in this clause limits or excludes any liability for fraud.

 

22.  Company’s right to vary these Conditions

22.1          The Company has the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Company’s system's capabilities.

22.2          The Member will be subject to the latest Conditions in force at the time that becomes a Member or which are in force at the time he/she login to the Website or when the membership is automatically renewed in accordance with clause 6 above, unless any change to these Conditions is required to be made by law or governmental authority.

 

23.  Law and jurisdiction

These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law and will be subject to the non-exclusive jurisdiction of the courts of Ireland.

 

24.  Member’s concerns

 If the Member has any concerns about material which appears on the Website, please contact the Company via the Company’s contact page at www.nannuka.com/en/support.

 

Last update: 24.05.2018

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