Terms and Conditions

DIRECT DEBIT TERMS AND CONDITIONS
PAPER DIRECT DEBIT 

If you signed a paper Direct Debit mandate for the payment of tuition, please click here (PDF)

ELECTRONIC DIRECT DEBIT

If you completed an electronic Direct Debit mandate for the payment of tuition, please click here (PDF)

SEPA DIRECT DEBIT TERMS AND CONDITIONS
Read below or download a PDF version here.
Agreement For The Payment Of Tuition Fees
  1. This is a legally binding agreement between (1) the school/academy (“We”, “Us”, “Our”), (2) You and (3) Nest Management Limited whose registered office is at Unit 3.2 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP, England, U.K. (“NEST”).
  2. We have agreed to teach the Student(s) the tuition subject as agreed, and You have agreed to pay the fees (the “Tuition Fees”) for such tuition. NEST is our agent responsible for the administration and collection of Tuition Fees and will collect Tuition Fees monthly in advance by SEPA Direct Debit.  NEST also acts as our agent for the service of any notice to cancel or suspend this agreement in accordance with paragraphs 9 to 14 below.
  3. By electronically signing this agreement and the SEPA Direct Debit mandate form, You agree to pay to Us the Tuition Fees, and instruct NEST to collect the Tuition Fees by SEPA Direct Debit from Your Bank Account in accordance with this agreement.
  4. We may amend Tuition Fees from time to time. You will be notified in writing by NEST at least 10 days before any such amended Tuition Fees are taken by SEPA Direct Debit from Your bank account by NEST.
  5. Tuition Fees are due to be paid and will be collected by SEPA Direct Debit from Your bank account by NEST on either the 1st or 15th day of each month (“Payment Date”). If any Student fails to attend any tuition class Tuition Fees remain payable, and no refund will be given in respect of any Tuition Fees relating to tuition classes that a Student has not attended. If any collected payment is returned by Your bank as failed, NEST may reattempt to recollect failed payments in line with the relevant payment scheme rules.
  6. We may agree with You from time to time for other fees (other than Tuition Fees) to be charged and such fees will be collected by NEST by SEPA Direct Debit from Your bank account on a Payment Date. You will be notified in writing by NEST at least 10 days before any such other fees are taken by SEPA Direct Debit from Your bank account by NEST.
  7. If a Student suffers a temporary injury or illness which a doctor or other appropriate medical practitioner certifies as meaning that Student is temporarily unable to take part in tuition as agreed payment of Tuition Fees for that Student will be suspended on the date that such a certification is received by NEST until the expiry of such temporary injury or illness as so certified, and You will not be liable to pay any Tuition Fees for that Student during the period of such suspension.
  8. This agreement shall commence on the date that it is signed by You, and shall continue until it is cancelled by You, Us or NEST in one of the ways set out in paragraphs 9 to 14 below.
  9. You may cancel this agreement in relation to all or certain of the Student(s) by giving NEST not less than one full calendar month’s notice of Your intention to cancel. This means that once You have given a cancellation notice You will remain liable to pay Tuition Fees (for such Student(s)) for the calendar month in which notice is given and for all of the next following calendar month.
  10. If a Student dies this agreement will be cancelled (so far as it relates to that Student) on the date of death, and subject to NEST being notified of such death You will not be liable to pay any Tuition Fees (for such Student) following the date of death.
  11. If a Student suffers a permanent injury or illness which a doctor or other appropriate medical practitioner certifies as meaning that Student is permanently unable to take part in the tuition this agreement will be cancelled (so far as it relates to that Student) on the date that such certification is received by NEST, and You will not be liable to pay any Tuition Fees (for such Student) following such cancellation date.
  12. If You fail to pay any Tuition Fees or other fees on a Payment Date in relation to all or certain of the Student(s), NEST may cancel this agreement by giving You not less than one full calendar month’s notice of its intention to cancel. This means that once NEST have given You a cancellation notice You will remain liable to pay Tuition Fees (for such Student(s)) for the calendar month in which notice is given and for all of the next following calendar month.
  13. We or NEST may cancel this agreement at any time by giving not less than one calendar month’s written notice to You. You will remain liable to pay Tuition Fees until the expiry of such notice. This means that once We or NEST have given You a cancellation notice You will remain liable to pay Tuition Fees for the calendar month in which notice is given and for all of the next following calendar month.
  14. You may at any time in accordance with the SEPA Direct Debit Guarantee cancel Your SEPA Direct Debit instruction to NEST. If You do this before You have cancelled this agreement in accordance with paragraphs 9 to 13 above You will remain liable to continue paying Tuition Fees and other fees you have agreed to pay under paragraph 6 until such time as You have cancelled this agreement in accordance with paragraphs 9 to 13.NOTE DIRECT BANK CANCELLATION OF A SEPA DIRECT DEBIT MANDATE DOES NOT AUTOMATICALLY CANCEL YOUR OBLIGATIONS TO PAY THE TUITION FEES.
  15. If you have any questions regarding NEST’S use of your personal data, or you wish to serve notice on NEST to cancel or suspend this agreement, you may contact NEST by any of the following methods:TELEPHONE: +44 (0)115 945 5030 EMAIL: enquiries@nestmanagement.co.uk ADDRESS: Unit 3.2 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP. A copy of NEST’s Privacy Policy is also available here.
  16. We or NEST may serve a notice on You to cancel this agreement by emailing you or writing to you at your email address / postal address provided by You in completion of the SEPA Direct Debit mandate or any alternative address provided to Us or NEST by You from time to time. Any such notice will be effective when the email has been sent by Us or NEST.
  17. These terms of this Agreement, its subject matter and its formation, are governed by English law and proceedings may be bought in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are resident of Northern Ireland, you may also bring proceedings in Northern Ireland.
  18. We reserve the right to change the Terms and Conditions at our discretion by changing them on our website. Registered in England No: 03928678
EVENTS TERMS AND CONDITIONS
Who you are booking with

These terms and conditions apply to all bookings made by the customer (referred to as “you” or “your”) for the participation in events and/or gradings (“Events”) with the club (“Organiser” “us” or “we”), through the NEST Events Portal (“Events Portal”).   

For the purposes of NEST Payment Processing (as defined below) only, you are contracting with NEST Management Limited, a limited liability company registered in England with its registered office at Unit 3.2 Wilford Business Park, Ruddington Lane, Nottingham NG11 7EP (“NEST”).

NEST provides the software system and transactions infrastructure by which we make Events available for booking online through the Events Portal.  NEST facilitates the transaction between you and us.  NEST simply handles the booking process and collection of payments on our behalf when you book an Event.

We may modify these Terms and Conditions occasionally, should you not agree with the Terms and Conditions or are unclear with any aspect please contact us.  Our contact details can be found on our website.  If your query relates to NEST Payment Processing, please contact us on paymentservices@nestmanagement.co.uk. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.

Terms

Please read these Terms and Conditions carefully before making any booking on the Events Portal.  By making a booking you agree and accept these Terms and Conditions.  If you are booking on behalf of a third party, for example as a parent or legal guardian making a booking on behalf of a child under the age of 15 you are deemed to have accepted these Terms and Conditions on the participant’s behalf.  For the purposes of these Terms and Conditions, reference to a “Participant” shall mean any person taking part in the Event.

We may modify these Terms and Conditions occasionally, should you not agree with the Terms and Conditions or are unclear with any aspect please contact us.  Our contact details can be found on our website.  If your query relates to NEST Payment Processing, please contact us on paymentservices@nestmanagement.co.uk. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.

Event participation

Participants acknowledge that the Event may be physically strenuous and that he/she is aware of the associated medial and physical risks involved.  We reserve the right to remove any Participant from the Event, either during or before it, due to ill health, or other reason (at our discretion) that may render the participant unfit to safely complete the Event. 

Participants agree to abide by all Event rules, regulations and instructions issued by or on our behalf as the Organiser.  The Participant understands that he/she will not be entitled to a refund of the fees if he/she is disqualified from the Event as a result if infringement of any such rules, regulations or instructions.

Completing an order

Before booking an Event, please carefully review all aspects of the event, including event restrictions, event rules, dates, pricing and charges. 

Before completing a booking you can review your booking. Once you submit your order by pressing confirm in checkout you have agreed to pay the total amount due and have agreed to these terms and conditions.

Payment

Payment is made online via Worldpay using MasterCard, VISA and Maestro.

Payment for your order is taken at the time your order is placed.  The currency used is in British Pounds (£/GBP). VAT is included in all our prices.

You are required to provide payment details that are valid and correct and you confirm that you are the person referred to in the billing information provided. 

Payments are collected by NEST on our behalf during the checkout procedure and NEST undertakes to pass your payment onto us on your behalf.  Refer to NEST Payment Processing below for further details.

Order Confirmation

Our acceptance of your Event registration will take place when you receive the confirmation email, sent on our behalf by NEST accepting your booking, at which point a contract will come into existence between you and us.

Pricing

All prices are displayed in British pounds (£/GBP).

If you are placing an order using a card which is not denominated in British pounds (£/GBP) your card issuer will calculate the applicable exchange rate to process the transaction.  We and/or NEST are not responsible for any exchange rates.

Your right to cancel a booking

If for any reason you wish to cancel your booking and you are a consumer you have a statutory right to cancel for any reason within a period of 14 days after the day on which you booked the event or grading (the “Cooling Off Period”) and receive a refund. In the event that the Event is scheduled to take place within the Cooling Off Period, you will not be entitled to cancel your booking once the Event has commenced. This provision does not affect your statutory rights as a consumer. 

If you do not turn up on the date of an Event and have not provided us with 14 days’ notice or more, you will not be entitled to a refund.

To cancel a booking within the Cooling Off Period please contact us or email NEST at paymentservices@nestmanagement.co.uk.

Refunds

Once purchased, entrance to an Event cannot be exchanged or refunded unless the Event is cancelled, moved to another date, or details of the Event are significantly changed after a booking is placed.   We have the discretion to agree to exchanges or refunds for any other reasons on a case by case basis.

If the Event is cancelled because of circumstances beyond our reasonable control, including, without limitation, fire, storm, and/or flood, earthquake, explosion, terrorist act or threat of terrorist act, then save as set out in these terms and conditions, we shall not be required to grant refunds.

NEST will process any online payment of refunds on our behalf.  Online payment refunds will be credited to the original payment method used.    You will be notified by NEST via e-mail once your refund has been processed. 

In the event that we fail to respond to a request for a refund either by refunding or denying the refund request, NEST may execute the refund on our behalf (please refer to NEST Payment Processing below).

NEST Payment Processing

Our card payment services are processed by NEST who act as our limited agent for the purposes of using third party payment service providers to collect payments made online and pass those payments onto us.

NEST Payment Processing allows us to (a) accept payment by authorised credit and debit card transactions, (b) have those funds credited to our payment account with NEST, and (c) have those funds deposited into our designated bank account.

We agree that any payment made by you to NEST will be considered the same as a payment made by you directly to us, and we will sell the ordered services to you as if we had directly received the payment from you, regardless of whether we have received the payment from NEST.

In the event that we fail to honour a refund that you believe is due under our refund policy (as set out above in these terms and conditions), you may request that NEST initiate a refund by contacting NEST on paymentservices@nestmanagement.co.uk. NEST will review the facts and circumstances and determine whether or not a refund is due in accordance with our refund policy.  NEST will endeavour to complete its review within 30 days of being contacted by you.  All determinations by NEST with respect to refunds shall be final on both you and us.

How we may use your personal information

We will only use your and any registered Participant’s personal information as set out in our Privacy Policy a copy of which can be found on Our website.  If you have any questions regarding our use of your personal data, please contact us. By agreeing to these Terms and Conditions, you acknowledge that you have read our Privacy Policy and Cookie Policy.

NEST will only use your personal information as set out in NEST’s Privacy Policy, a copy of which can be read at www.nestmanagement.co.uk/privacy-policy.

If you have any questions regarding NEST’S use of your personal data, you may contact NEST by any of the following methods:

TELEPHONE: +44 (0)115 945 5030

EMAIL: enquiries@nestmanagement.co.uk

ADDRESS: NEST Management Ltd, Unit 3.2 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP.

By agreeing to these Terms and Conditions, you acknowledge that you have read NEST’s Privacy Policy and Cookie Policy.

Governing Law

These Terms and Conditions and any dispute or claim arising about of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.

Payment Portal Terms AND CONDITIONS

Please read these Terms and Conditions carefully before you start to use the website. By using our website, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our website.

Definitions

Client: means a customer of Nest Management Limited providing services for training, examination and seminars in, but not limited to, Martial Arts, Gymnastics and Dance.

NEST Management Ltd: is a company incorporated under the Laws of England, and with its Registered Office at:

ADDRESS: Unit 3.2/3.3 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP, United Kingdom. 

Our’, ‘we’ or ‘us’: means NEST Management Ltd.

Portal.nestmanagement.co.uk: means the website used for the provision of the Service.

Products: means various products and services as from time to time made available by us and our Clients.

Purchase: means the event reservation and/or payment for Products.

Service: means our online website service (including the facilitation of payments).

Reliance on Information posted disclaimer

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this website and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this website.

Accessing our website

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice.  We will not be liable if for any reason our website is unavailable at any time or for any period.

Free of Charge

Our Service is free to you. We will not charge you for our Service or add any additional fees to the Product prices shown. Clients will pay all transaction costs in relation to their use of the Service.

Credit Card or Debit Card Payments

The payment(s) you make through the Service for any Product(s) will be taken by us and all banking and/or card transactions due will be handled by NEST Management Ltd via a merchant service provider 

The fees you pay to NEST Management Ltd for the Products will be collected by us and paid to the Client less a fee that we charge to the Client and any appropriate consumption taxes charged on that fee.

In the event that you wish to claim a refund or a charge back due to any error or non- performance of the service by the Client such refund claims or charge backs will be managed by Nest Management Limited and should be addressed to our customer services team on:

TELEPHONE: +44 (0)115 945 5030 or

EMAIL: enquiries@nestmanagement.co.uk

Any such claims should be promptly submitted after the ‘paid for’ or ‘reserved’ event has taken place.

Cancellation and No Show

Reservations for training, examination and seminars included in Products are non-refundable due to the limited places available at each event.

Correspondence and Communication

In order to complete your purchase or use of the Service, you need to use your correct e-mail address. We are not responsible for, or liable for, and have no obligation to verify any wrong or misspelt e-mail address or inaccurate or wrong phone number or card details. 

Any queries regarding the service that Nest Management Limited provides should be addressed to our customer services team on:

TELEPHONE: +44 (0) 115 945 5030 or

EMAIL: enquiries@nestmanagement.co.uk.

By completing a booking/reservation or purchasing a Product using the Service you agree to receive a confirmation of that booking or purchase which will be sent by e-mail and or text message (SMS).

In addition, you agree to receive a reminder SMS, to be sent at our absolute discretion, prior to the event date. Failure to receive these communications will not constitute a cancellation of your booking or purchase.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our 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.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.  If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our website changes regularly

We aim to update our website regularly, and may change the content at any time.  If the need arises, we may suspend access to our website, or close it indefinitely.  Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.  

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our website

We process information about you in accordance with our Privacy and Cookies policies. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

 Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.  You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.  

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.  

We 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 your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Links from our website

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a website via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website.  These Terms and 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) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these Terms and Conditions at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.  Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website.

Your Concerns

If you have any concerns about material which appears on our website, please contact:

EMAIL: enquiries@nestmanagement.co.uk

WEBSITE TERMS AND CONDITIONS
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
Information about us
www.nestmanagement.co.uk is a site operated by NEST Management Ltd (“We”)
We are a company registered in England and Wales under registration number 03928678. Our registered office is Unit 3.3 Wilford Business Park, Ruddington Lane, Nottingham, NG11 7EP.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, Worms, Logic Bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We 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 your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use 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) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact: EMAIL: enquiries@nestmanagement.co.uk