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Terms of use-UK

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, which are fully aligned with terms and principles of General Data Protection Regulation 2016/679. 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 by creating a profile (Member) in order to participate in an Assignment. Service Providers can advertise their services via the Platform by creating a profile -which they chose at their creation to be in <>  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.

3.11         With the registration and publication of the profile account in the platform of the company by the members, the personal data which they notify and publish, will remain in the database of the company until the withdrawal of their consensus, namely with the indicative delete of their profile account from the platform of the company.

 

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.

10.10        In case a service provider does not use the services through the platform of NANNUKA, he can turn of his profile account and to turn it on whenever he wants to, without a need of a renewed verification of the personal data , which are already registered in the platform of the company, apart from any amendments, which should NANNUKA notify. Nevertheless, in case a service provider wants for any reason to delete his profile account, Nannuka deletes with protection all of his personal data, which is registered in the database of the company and informs via email, that in 48 hours NANNUKA will cut off every communication with him. Nevertheless on the grounds that at the creation of your profile account at NANNUKA your personal data is likely to be collected automatically and specifically the photograph by third parties , like GOOGLE and other search engines , you should communicate straight with those companies for the delete of your data, because NANNUKA is not responsible about this. In case of a delete of a profile account by a professional, NANNUKA keeps in its database the registration-date and the date of delete, the quality assessments about services with grades 1* and 2*, which have been received by users of the platform and the reason of the delete from the platform of Nannuka. Nannuka keeps the above mentioned data for a period of 48 months only for statistical reasons. The data about the identity of the service provider are kept for 1 year in the database of Nannuka in case a problem of cross-checking personal information emerges and subsequently they are deleted with protection. In any case, the pricing, phone and mobile number and e-mail address of the service provider are encrypted for security reasons as soon as he/she registers and creates a profile on the company platform.

                 

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.

(g) It is forbidden to a service provider to publish a photograph, in which a baby or child or minor up to 16 years old is depicted without the consent of its parent, to publish in his profile account sensitive personal data which reveals his racial or ethnic origin, his political convictions, his religious beliefs and data which concerns his sexual life or sexual orientation. We clarify that in other case the above mentioned data will be visible to third parties.

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.

 

25. Payment Methods

The service provider/user can change the card you have chosen to pay by visiting the site and by going to "My Account". If a payment fails due to expiration of the card, insufficient amount, or whatever other reason, and they do not change or cancel the account, we may suspend access to our service until an arrangement of the payment.

This results the changing of the billing date. For certain ways of payment, the Provider of the card may charge taxes and extra charges. You should check this with your card provider.

25.1 Charges -Renewal- Examples

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 user will receive a message that the charging has failed and that his subscription will end. If the user sees the message, he can log into his account and add a new card and a while later the system will try again to charge the new card. In this manner, the user has the opportunity to renew his subscription before it ends. If the subscription expires, the user 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 user takes place at least two (2) days before (for example, on 09/11, 23:59), so that the user will have adequate time to deactivate his subscription.

If recurring payment to a credit card is set to renew the subscription, the success of which we confirm you via email, and you do not wish to continue the subscription in order to have access to our services, you have the right to notify us via email within 14 days from your declaration of withdrawal, according to the provisions of the Law 2251/1994. Nannuka is obliged within 14 days from the declaration of your withdrawal to refund the amount of the last renewal of your subscription,  that was automatically charged to your card. The deletion of your account and your personal data form Nannuka’s platform is exclusively your responsibility.

 

25.2 Changes in pricing and charges

Nannuka has the right to change price lists without prior notice and without prior information of the service provider/user, only after prior notification of the impending change via the website in accordance with the provisions of current legislation. We may change the supply and/or charges at any time by notifying you in writing, by e-mail message or through the use of the Application. The continued use of the Application, after prior notification, shall be considered automatically as an acceptance by you of the new Notice and/or Charges. If you do not agree with the changes in supply and/or charges, you may terminate your agreement with us, by canceling your subscription. In case you are willing to purchase other services or products that can be provided for a fee, the service provider/user authorizes Nannuka to charge/ choose the payment provider for these services and/or of the products you may buy.

25.3 Payment and Return Policy

In order to use Nannuka services, the service provider/user should be financially aware in recurring monthly subscription at Nannuka, according to the current price list, as displayed in detail on the Website. Furthermore, the service provider/user is responsible for any taxes associated with the services he/she buys.

 

27. Copyright

The copyright of the content (eg programs, information, data) and Services website www.nannuka.com, introduced or will be introduced to the site of the "company" is protected by Irish, European and International copyright laws and belong exclusively to the "company" or their respective owners, and are provided to the visitors strictly for personal (non-profit or commercial) use.

The names, images, logos and distinctive features representing the "company" or third parties and their products or services are proprietary marks of the "company" or third parties protected by applicable trademark laws. Their appearance on the website should in no way be construed as a transfer or license or right to use them. Except for the specified exceptions (copyright of third parties and affiliates), all content of this website www.nannuka.com, including images, graphics, photographs, texts, services and all the files that Website, is intellectual property, distinguishing marks and trademarks and the "company service marks" and protected by the relevant provisions of irish law, European law and international treaties. Therefore, none of them may be wholly or partially sold, copied, modified, reproduced, republished or "loaded", transmitted or distributed in any way. The user understands and accepts that he has no right to reproduce, copy, sell, resell and/or commercially exploit in any manner all or part of the contents of this website and therefore any copying, distribution, transmission is prohibited, processing, resale, create derivative works, or misleading the public about the real provider of the website's content. Any reproduction, republication, uploading, posting, or transmission or any other use of the content in any way or means for commercial or other purposes is permitted only with prior written permission of the "company" or any other copyright holder.

The "company" is making every effort so that the content and information displayed each time the site is as far as possible accurate and true but does not assume any responsibility for the reliability, completeness or timeliness. The "company" provides the content (eg information, names, photographs, and illustrations), products and services available through the website "EXACTLY AS IT IS" and without any kind of representation, approval or written guarantee, express or assumed, of satisfactory quality, suitability, inviolability of compatibility, security and accuracy. In any case, the "company" is not responsible for any legal or civil and/or criminal nature, nor for any damage (direct, special or consequential, which, without limitation, alternatively and / or cumulative form of loss of profits, data , lost profits, compensation, etc.) from site visitors or others on grounds related to the operation or not and / or use of the site and / or the failure to provide services and / or information available on the site and / and / or any unauthorized third party interventions in products and / or services or information available through it. The content and information included in this website constitute an offer to the user and the general community of Internet users and shall not in any circumstances be considered as valid information and/or advice and/or prompts, or hide any If any exhortation or dissuasion to whether or not these acts.

The "company" does not have any obligation to monitor the information provided by the users or is available from the system. You can find information from another seller that may be unpleasant, harmful, inaccurate, or misleading. The use of any transmitted information from our website is at your sole risk. Please use with caution, common sense and make secure trade information when using our site. Please note that there are also risks to transactions with minors or people with misleading information, or not authorized to represent them allegedly represented legal persons whose identity, the accuracy of declarations and intentions in no way control or security.

Therefore, users of www.nannuka.com, using the services on their own initiative, undertake the responsibility of passing information provided. In the "company" website may include or be included in future forms of advertising. The existing and any new services included in the "company" website are subject to these terms of use, unless explicitly stated otherwise. The user of the website services of www.nannuka.com understands and accepts that "as is" and all pages / services provided by the "company’" disclaim any liability related to the limited duration, deletion, poor performance or failure to store any data (data) of the user and / or any personal pages / services.

The user is responsible for access to the services of the website www.nannuka.com and access may require the payment of fees to third parties (eg internet service providers, charging the Internet access time). The user is solely responsible for the payment of the relevant fees. The user is solely responsible for his personal equipment with the necessary technological means that enable access to the services of the website www.nannuka.com.

The use of this website is solely for lawful purposes and in a way that does not restrict or prevent its use by others. The user is obliged to use the website in accordance with the law, morality and these terms, and not to engage in actions or omissions that may cause damage or malfunction to the site, adversely affect or endanger the provision of the "company" services.

This website may include links to third party websites and the "company" is not responsible for the content of these pages and for any damage caused by their use, as the visitor has access to them with his own responsibility. The "company" does not control the availability, content, policy of protection of personal data, the quality and completeness of other websites and pages referred through "links", hyperlinks or advertising banners. Therefore, for any problem arising during the visit/use, the visitor/user should go directly to the respective websites and pages, which bear the entire responsibility for providing their services. The "company" in no way can be deemed to embrace or accept the contents or services of websites and pages referred to or linked to them in any other way.

The "company" strives for the proper functioning of the network but does not guarantee that the functions of the website or the servers will be uninterrupted, error-free, free of viruses or other harmful elements.

Taking into account those specified in these terms and because www.nannuka.com is a venue for any dispute you have with one or more alleged, third-party operators or users you expressly exempt the "company" (and their officers, directors, agents, our employees, and agents of any general person acting in the name and on our behalf) from any such claim, demand and harm positive and / or negative of any kind and nature, known and / or unknown, future or vested even if this cannot be stipulated, that may arise in each case with such difference and the general use of our application.

Given the nature and volume of the Internet, under any circumstances, including negligence, the "company" is not responsible for any damage suffered by the visitor/user pages, services, options and content of this website to make on own initiative. The contents of www.nannuka.com are provided as is, with no warranty expressed or implied in any way. To the fullest extent under the law, the company disclaims all warranties, express or implied, including, but not limited to, those which involve the merchantability and fitness for a particular purpose. The "company" does not guarantee that the pages, services, options, and content will be uninterrupted, error-free or that errors will be corrected. Also, there is no guarantee that the same or any other related site or servers (servers) through which they are made available to users/members are free of "viruses" or other harmful components. The company is not in any way guarantee the accuracy, completeness or availability of content, pages, services, choices or their results. The cost of any corrections or services is borne by the visitor/user and in no event shall the company. The access and use of the site implies full acceptance of these terms and the use of the company's services implies full acceptance of the Terms for Service Provision, as they appear in the respective services.

Any provision of these terms to be against the law ceases to apply and removed from the present, without in any way affect the validity of other conditions. This constitutes the entire agreement between the company and the visitor/user pages and services, and only binds them. No modification of these conditions shall be taken into account and be a part of that agreement unless expressed in writing and incorporated in it.

These terms of use are governed by Irish law. Should a dispute arise in connection with these terms it shall be brought exclusively before the courts of Dublin.

 

            26.  Privacy & Profile Deletion Policy

Nannuka uses high ethical standards and respects the protection of your privacy.  Apart from the notifications which are required by law for any relevant jurisdiction,  we will not reveal your personal data to third parties without your consent. Nevertheless we have the right to reveal your personal data to cooperating companies (inside and outside the European Union), including also the workers of our company and cooperating companies, and to reliable agents and representatives of ours, who have access to this data with our permission and they need to know or to have access to this data in order to perform our services (including the customer service and the inner (control/compliance) research) for you and your benefit.

The personal data shared by the service providers or service members when creating an account, will be saved and archived by Nannuka for as long as they have a profile or even if this account is deactivated.

By registering as a service provider/user you agree with the present Terms of Use, The Privacy Policy, The Cookies Policy and the General Data Protection Regulation Policy.

If a service provider/user does not make use of the services Nannuka provides through its platform, they can deactivate their account and then reactivate their account, whenever they wish, without having to verify anew the personal data, that are already registered with the platform, with the exception of any modifications, that Nannuka has to be notified of. However, in case a service provider/user wishes to delete his/her profile, Nannuka deletes safely all the personal data, that are registered in its database and notifies the specified user via email of the fact that in the following 48hours Nannuka will terminate any communication with them. Notwithstanding, due to the creation of the account the personal information and specifically the picture, might be shared with Nannuka through third parties, such as Google or other searching engines, thus, they need to contact immediately those companies to delete your data, since Nannuka is not liable for any of it.

 

Last update: 24.05.2018

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