Terms of Service
Nest Group Australia Pty Ltd (ACN 683 193 188) — Last updated: March 2026
1. Acceptance of Terms
By accessing or using this application or any application within the NESTres platform (including NestBuild, NestHome, NestCheck, and NestSpace), you agree to be bound by these Terms of Service. If you do not agree, you must not use the platform. These Terms are a legally binding agreement between you and Nest Group Australia Pty Ltd (ACN 683 193 188) ("Nest Group Australia", "we", "us", or "our").
2. Description of Service
NestCheck is a compliance oversight tool for inspectors, insurers, suppliers, regulators, and other third parties within the construction industry. It enables users to conduct and upload inspections, link with NestBuild and NestHome users, review Evidence of Compliance (EOC) documents, and request to see documents such as inspections and warranties.
Important limitation: this platform stores what users provide. It does not verify, validate, certify, or guarantee compliance, accuracy, or legal standing. Accountability rests solely with the user.
3. Account Registration
You must be at least 18 years of age to create an account. You agree to provide accurate information, maintain the security of your credentials, notify us immediately of any unauthorised access, and accept responsibility for all activity under your account.
4. Intellectual Property Rights
All content, features, functionality, source code, design, trade marks, logos, and branding of the NESTres platform — including NestBuild, NestHome, NestCheck, and NestSpace — are the exclusive property of Nest Group Australia Pty Ltd (ACN 683 193 188) and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and trade mark law. The names NESTres, NestBuild, NestHome, NestCheck, and NestSpace are trade marks of Nest Group Australia Pty Ltd (ACN 683 193 188). You may not use these names, logos, or branding without our prior written consent. Nothing in these Terms grants you any right, title, or interest in the platform's intellectual property beyond the limited licence to use the platform as described herein.
5. Prohibited Conduct — Copying, Scraping & Reverse Engineering
You expressly agree that you will NOT:
- copy, reproduce, duplicate, distribute, sell, or exploit any part of the platform for any commercial purpose without our express written permission;
- scrape, crawl, spider, index, or extract data from the platform using automated tools, bots, scripts, or any other means;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the platform;
- create derivative works based on the platform's design, structure, features, or functionality;
- use the platform or any data obtained from it to build a competing product or service;
- frame or mirror any part of the platform on any other website or application; or
- use any automated system (including AI agents, language models, or web crawlers) to access, collect, or process content from the platform beyond what is expressly permitted in our robots.txt file.
Violation of this clause may result in immediate account termination and may expose you to civil and criminal liability under the Copyright Act 1968 (Cth), the Criminal Code Act 1995 (Cth), and other applicable Australian and international laws.
6. User Content
You retain ownership of documents, files, or data you upload ("User Content"). By uploading User Content, you grant Nest Group Australia Pty Ltd a limited, non-exclusive licence to store, process, and display your User Content solely to provide the platform services to you. You are solely responsible for the accuracy, legality, and appropriateness of your User Content.
7. Subscription and Payment
Access to certain features requires a paid subscription, billed in advance in Australian Dollars (AUD) including GST. Payments are processed securely by Stripe. Subscriptions auto-renew unless cancelled before the renewal date. Refunds are provided at our discretion in accordance with Australian Consumer Law.
8. Disclaimer of Warranties
The platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Nest Group Australia Pty Ltd makes no warranties, express or implied, regarding the platform's reliability, accuracy, fitness for a particular purpose, or uninterrupted availability. Nothing in these Terms excludes any rights you may have under the Australian Consumer Law that cannot be excluded by contract.
9. Limitation of Liability
To the maximum extent permitted by law, Nest Group Australia Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform. Our total liability to you for any claim shall not exceed the total subscription fees paid by you in the 12 months preceding the claim.
10. Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, if you breach these Terms. You may close your account at any time by contacting us.
11. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Queensland.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice within the platform.