1. Terms of Service

Mahi Institute by Nèsta – Terms of Service / Public Offer Agreement

This agreement is made by Mahi Institute by Nèsta, an international practical training institute operating the website www.mahiinstitutebynesta.com and the Mahi app.

1. Parties and Definitions

1.1 This Terms of Service / Public Offer Agreement (the “Agreement”) is entered into between Mahi Institute by Nèsta (the “Institute”, “we”, “us” or “our”) and any individual or legal entity that registers, pays, accesses or otherwise uses our Services (the “Student”, “User” or “you”). Together we are the “Parties”.

1.2 In this Agreement:

1.3 Headings are for convenience only. “Including” means “including without limitation”.

2. Acceptance and Eligibility

2.1 By registering an account, submitting information, making payment, downloading the Mahi app or accessing any Programme, you confirm that you have read, understood and accepted this Agreement, together with our Payment, Refund and Cancellation Policy, Privacy Policy, Cookie Policy, Student Conduct Policy and Important Payment and Liability Notice, each of which forms part of this Agreement.

2.2 You must be at least 18 years old to enrol. A person aged 16 or 17 may enrol only with the verifiable consent and under the responsibility of a parent or legal guardian, who accepts this Agreement on their behalf. We do not knowingly provide Services to children under 16.

2.3 If you enrol on behalf of a company or organisation, you confirm you have authority to bind it, and “you” includes that organisation.

2.4 You must provide accurate, complete and current registration information and keep it updated.

2.5 If you do not agree to this Agreement, you must not register, pay for or use the Services.

3. Nature of the Services

3.1 Mahi Institute by Nèsta was established in 2019 and has trained over 10,000 students worldwide. We deliver structured, practical online training in food and beverage manufacturing, natural preservation, product development, packaging, household product manufacturing, pricing, marketing and entrepreneurship, through our website, the Mahi app and associated digital tools.

3.2 Our Services are educational. We teach methods, techniques and business skills. We do not manufacture products for you, license you a product brand, provide regulatory approvals, or operate your business.

3.3 Programme descriptions, duration, format (recorded, live or hybrid), module lists and inclusions are set out on the relevant registration page. We may improve, update, re-sequence or replace Course Materials from time to time, provided the core scope of the Programme you purchased is not materially reduced.

3.4 Live sessions may be rescheduled where necessary. Where a live session is cancelled, we will offer a replacement session or a recording.

4. Accounts and Access

4.1 Your account is personal to you. You must not share your login credentials, allow another person to use your account, or access the Platform from accounts that are not yours.

4.2 You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at support@mahiinstitute.com if you suspect unauthorised use.

4.3 We may limit the number of devices or simultaneous sessions per account, and may use reasonable technical measures to detect account sharing.

4.4 Access to a Programme is granted for the period stated on its registration page or, if none is stated, for 12 months from the date of enrolment (the “Access Period”).

4.5 You are responsible for your own device, internet connection, data costs and compatibility with the Platform. We are not responsible for failures caused by your equipment, network or location.

5. Licence to Use Course Materials

5.1 Subject to this Agreement and payment of the Fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Course Materials during the Access Period solely for your own learning and to start or run your own business.

5.2 You may use the techniques, formulations and methods you learn to produce and sell your own products. This licence does not allow you to:

5.3 A certificate confirms completion of the Programme only. It is not an accredited academic qualification, a licence to practise, or a regulatory approval, unless we expressly say otherwise in writing.

6. Fees and Payment

Fees, instalment plans, taxes, currency conversion, late payment and the no-refund rule are set out in our Payment, Refund and Cancellation Policy (Document 2), which forms part of this Agreement. In the event of conflict on payment matters, that Policy prevails.

7. Intellectual Property

7.1 Ownership. All intellectual property rights in the Platform and the Course Materials, including copyright, database rights, trade marks, trade names, logos (including “Mahi Institute”, “Nèsta” and the Mahi app), design rights, know-how, formulations as compiled and presented by us, curriculum structure, videos, slides, text, graphics, software and the look and feel of the Platform, belong to the Institute or its licensors. All rights not expressly granted to you are reserved.

7.2 Why no refund follows from this. Our Programmes are digital intellectual property. Once you have been given access to the knowledge, formulations and methods, they cannot be returned or “un-learned”. This is the basis of our no-refund policy.

7.3 Protection under law. These rights are protected under the laws of the United Kingdom (including the Copyright, Designs and Patents Act 1988), Ethiopia (including the Copyright and Neighbouring Rights Protection Proclamation No. 410/2004), the Republic of Benin (including the Bangui Agreement of the African Intellectual Property Organisation (OAPI)), Nigeria (including the Copyright Act 2022 and the Trade Marks Act), Ghana (including the Copyright Act 2005 (Act 690)) and international treaties such as the Berne Convention.

7.4 Trade marks. You may not use our names, logos or marks without our prior written consent. You may truthfully state that you are a student or graduate of the Institute.

7.5 Student Content. Everything you send or submit to the Institute, including assignments, testimonials, reviews, feedback, results, screenshots, photographs, videos and voice recordings relating to you, your products or your business (“Student Content”). Student Content is and becomes the property of the Institute and, to the extent ownership cannot be transferred under the law that applies, you grant the Institute a perpetual, irrevocable, worldwide, exclusive, royalty-free, sublicensable licence to use it. The Institute has the right to post, publish, edit, adapt, reproduce and use Student Content, including your name, image, voice and results, on the Platform, on social media, in advertising and in any marketing material, in any format, without payment or further approval. By submitting Student Content you confirm that you have the right to submit it and that you agree to this use.

7.6 Feedback. If you give us suggestions about the Services, we may use them without obligation to you.

7.7 Infringement notices. If you believe content on the Platform infringes your rights, email legal@mahiinstitute.com with details of the work and the material. We will review and act promptly.

7.8 Remedies. Unauthorised reproduction or sharing of Course Materials is a material breach of this Agreement and an infringement of our rights. We may withdraw access immediately, seek injunctive relief, damages and costs, and report serious or repeated infringement to the relevant authorities.

8. Terms of Use of the Platform

8.1 You agree to use the Platform lawfully and in accordance with this Agreement. You must not:

8.2 We may update, suspend, restrict or discontinue any feature of the Platform for maintenance, security, legal or operational reasons.

8.3 The Mahi app is licensed, not sold. App store terms (Apple App Store, Google Play) also apply to the download relationship.

9. Third-Party Services and Links

9.1 The Platform relies on third-party providers such as payment processors, video hosting, cloud storage, email and messaging services, analytics tools and app stores. These providers operate under their own terms and privacy notices. We are not responsible for their outages, acts or omissions, but we choose reputable providers and will help you resolve access problems.

9.2 The Platform may link to third-party websites or suppliers (for example ingredient, packaging or equipment vendors). Links are not endorsements. You deal with those suppliers at your own risk.

10. Educational Content, Safety and Regulatory Responsibility

10.1 Practical training involves real-world risk. Food, beverage, preservation and household-product manufacturing involve hygiene, chemical, thermal, allergen and equipment risks. You must follow all safety, hygiene and good manufacturing practice instructions given in the Programme and you are responsible for working safely.

10.2 Regulatory compliance is yours. Producing and selling food, beverages and household products is regulated. Depending on where you operate, you may need registration, licences, product testing, premises inspection, labelling approval and tax registration from bodies such as the Food Standards Agency and local authorities (United Kingdom), the Ethiopian Food and Drug Authority, the competent authorities in Benin Republic, NAFDAC and SON (Nigeria), the Food and Drugs Authority (Ghana), or the regulator in your own country. Our Services do not give you any such approval, and we do not guarantee that any formulation, process or label taught is compliant in your jurisdiction.

10.3 Allergens, ingredients and testing. You are responsible for ingredient sourcing, allergen declarations, shelf-life testing, microbiological testing and quality control for products you make.

10.4 Not professional advice. Course Materials, including content on pricing, marketing and entrepreneurship, are general educational guidance and not legal, tax, accounting, medical, nutritional or investment advice.

11. No Guarantee of Results

11.1 Individual results vary. Examples of student businesses, sales figures, income, growth or testimonials shown on the Platform or in marketing are illustrative, are not typical unless stated, and are not a promise or guarantee of any outcome.

11.2 Your success depends on factors outside our control, including your effort, capital, market, location, product quality, regulation and economic conditions. You are solely responsible for your business decisions.

12. Disclaimers

12.1 Subject to clause 13.1 and your mandatory legal rights, the Platform and Course Materials are provided “as is” and “as available”. We do not warrant that the Platform will be uninterrupted, error-free or secure, or that Course Materials will suit every ingredient, climate, equipment type or market.

12.2 We take reasonable care to ensure content is accurate when published, but methods, regulations and ingredient availability change. You should check current requirements before relying on any content.

12.3 Statements by guest instructors or in community discussions reflect their own views and are not our endorsement or guarantee.

12.4 Nothing in this Agreement excludes any statutory right that cannot lawfully be excluded in your country of residence.

13. Limitation of Liability

13.1 Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, fraud, wilful misconduct, or any liability that cannot be limited or excluded under Applicable Law.

13.2 Subject to 13.1, the Institute is not liable for: (a) indirect, incidental, special, consequential, punitive or exemplary loss; (b) loss of profit, revenue, business, goodwill, anticipated savings or opportunity; (c) loss or corruption of data caused by your device or third parties; (d) loss arising from your failure to obtain regulatory approvals, follow safety instructions or test your products; (e) recalls, customer claims, injury or illness arising from products you make and sell; (f) technical issues on your side, incorrect contact details, or failures of third-party platforms outside our reasonable control.

13.3 Subject to 13.1, our total aggregate liability to you arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the Fees you actually paid for the specific Programme giving rise to the claim.

14. Indemnity

You agree to indemnify the Institute against third-party claims, and reasonable losses and legal costs, resulting from: (a) your breach of this Agreement, including unauthorised redistribution of Course Materials and breach of the Student Conduct Policy; (b) your unlawful use of the Platform; or (c) products or services you make or sell, including any injury, illness, damage or regulatory action arising from them, except to the extent caused by our own breach or negligence.

15. Suspension, Expulsion and Termination

15.1 Termination by you. You may stop using the Services at any time. Stopping does not entitle you to a refund (see the Payment, Refund and Cancellation Policy).

15.2 Expulsion and withdrawal of access by us. We have the right to suspend, expel you from the Programme and withdraw your access to the Platform, Course Materials, community groups and live sessions, immediately and without prior warning, where in our reasonable opinion you have: (a) bullied, harassed, insulted, threatened or abused any student, instructor, staff member or founder; (b) engaged in misconduct; (c) made false allegations or accusations against the Institute, its founders, instructors or staff; (d) taken part in any conspiracy, campaign or group action to damage the Institute’s reputation or disrupt its training; (e) defamed, disparaged or tarnished the image of the Institute, its brand or its people, including by calling the Institute, its founders or its instructors a “scam”, “fraud” or similar words, whether publicly, in groups, in reviews, on social media or privately to other students; (f) shared your account or redistributed Course Materials; (g) engaged in fraud or unlawful activity; (h) initiated an unfounded payment reversal; or (i) otherwise materially breached this Agreement or the Student Conduct Policy. For lesser breaches we may, at our discretion, issue a warning first.

15.3 No refund on expulsion. Where access is withdrawn under clause 15.2, no refund is payable, any unpaid instalments for Services already made available remain due, and the Institute may take further action under clause 21.

15.4 Our discontinuation. If we permanently discontinue a Programme you have paid for before you have completed it, we will provide a comparable Programme or continued access to the portion delivered, or, if neither is possible, a refund of the Fees for the undelivered portion.

15.5 Effect of termination. On termination your licence ends and you must stop using the Course Materials and delete any copies. Clauses that by their nature should survive (including 5.2, 7, 10 to 14, 15.3, 20, 21 and 22) survive.

15.6 Explanation. You may submit a written explanation to management@mahiinstitute.com. Reinstatement is at our sole discretion.

16. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including natural disaster, epidemic, war, civil unrest, government action, power or telecommunications failure, internet or cloud-provider outage, labour disputes, currency restrictions or banking disruption. We will resume performance as soon as reasonably possible and, where delay is prolonged, will offer an extension of the Access Period.

17. Communications and Notices

17.1 By registering you agree that we may contact you by email, in-app notification, WhatsApp or other messaging channels about your account, Programmes, live sessions, payments and support. Marketing messages are sent in accordance with the Privacy Policy and you can opt out at any time.

17.2 Notices to you are effective when sent to the email address or contact details on your account. Notices to us must be sent in writing to legal@mahiinstitute.com (with a copy to management@mahiinstitute.com).

18. Changes to this Agreement

We may update this Agreement to reflect changes in law, our Services or our practices. We will post the updated version with a new effective date and, for material changes, notify you by email or in-app notice. Continued use after the effective date means acceptance.

19. General Provisions

19.1 Entire agreement. This Agreement and the policies referred to in it are the entire agreement between us on its subject matter.

19.2 Severability. If any provision is found invalid or unenforceable, the rest remains in force and the provision will be modified to the minimum extent necessary.

19.3 No waiver. Delay or failure to enforce a right is not a waiver.

19.4 Assignment. You may not assign this Agreement without our written consent. We may assign it to a successor to our business.

19.5 Third-party rights. No person other than the Parties may enforce this Agreement, and the UK Contracts (Rights of Third Parties) Act 1999 does not apply.

19.6 Language. This Agreement is written in English, and the English version prevails over any translation.

19.7 Independent parties. Nothing creates a partnership, agency, employment or joint venture between you and the Institute.

20. Governing Law

20.1 Primary governing law. This Agreement and any dispute arising from it are governed by the laws of England and Wales, including the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Copyright, Designs and Patents Act 1988, the UK GDPR and the Data Protection Act 2018.

20.2 Other applicable laws. Because we serve students globally, the laws of Ethiopia, the Republic of Benin, Nigeria and Ghana also apply where they are legally relevant to the Institute’s operations, your rights as a consumer and the handling of your data, including, for Ethiopia, the Trade Competition and Consumers Protection Proclamation No. 813/2013 and the Personal Data Protection Proclamation No. 1321/2024; for Benin, the Digital Code (Law No. 2017-20), the OAPI Bangui Agreement and the OHADA Uniform Acts; for Nigeria, the Nigeria Data Protection Act 2023, the Federal Competition and Consumer Protection Act 2018, the Copyright Act 2022 and the Arbitration and Mediation Act 2023; and for Ghana, the Data Protection Act 2012 (Act 843), the Electronic Transactions Act 2008 (Act 772) and the Copyright Act 2005 (Act 690).

20.3 United Kingdom. As the primary governing law, the mandatory provisions of the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 apply to the extent they cannot lawfully be excluded.

20.4 Mandatory local rights. Nothing in this Agreement removes mandatory consumer-protection or data-protection rights that apply by law in your country of residence.

21. Dispute Resolution

21.1 Step 1 – Written complaint. Raise any complaint or dispute first in writing to management@mahiinstitute.com, stating your name, account email, Programme, the issue and the outcome you want. We will acknowledge within 5 business days and aim to respond substantively within 30 days. Raising a complaint with us directly is required before any public statement or formal proceedings, so that we can resolve it.

21.2 Step 2 – Good-faith negotiation. The Parties will negotiate in good faith for 30 days from the date of the complaint.

21.3 Step 3 – Mediation. If unresolved, either Party may refer the dispute to mediation before a mutually agreed mediator in London, England (or by video conference), under the CEDR Model Mediation Procedure or a similar recognised procedure. Mediation costs are shared equally unless the mediator directs otherwise.

21.4 Step 4 – Arbitration. If mediation does not resolve the dispute within 45 days, it will be finally resolved by arbitration under the Arbitration Act 1996 of England and Wales. The seat of arbitration is London, the language is English, there will be a single arbitrator, and hearings may be held by video conference. The award is final and binding.

21.5 Lawful rights preserved. Nothing in this clause or in the Student Conduct Policy prevents you from lawfully: (a) bringing a claim in a court or consumer tribunal where mandatory consumer law gives you that right; (b) making a good-faith complaint to a regulator, consumer protection authority or data protection authority; or (c) responding truthfully to a court, regulator or law-enforcement request. These are not breaches of this Agreement.

21.6 Urgent relief. Either Party may seek urgent injunctive relief from a competent court, in particular to protect intellectual property, confidential materials or the Institute’s reputation against defamation.

21.7 Courts. Subject to the above, the courts of England and Wales have non-exclusive jurisdiction over matters not subject to arbitration.

22. Confidentiality

22.1 Confidential materials. Course videos, lesson notes, recipes, formulations, costing sheets, templates, spreadsheets, supplier information and community discussions are confidential to the Institute and its students.

22.2 No sharing. You must not copy, record, screen-capture, re-upload, resell, share login details for, or otherwise distribute any Programme material, in whole or in part, to anyone who has not paid for it.

22.3 Duration. These confidentiality duties continue after your access ends, for as long as the material remains confidential and is not publicly available through no fault of yours.

22.4 Legal disclosure. You may disclose confidential material only where a court, regulator or law-enforcement authority lawfully requires it.

23. Recordings, Photographs and Testimonials

23.1 Live sessions. Live sessions, calls and group discussions may be recorded for the benefit of students and for quality and safety purposes.

23.2 Your content. If you voluntarily submit a photograph, video, review, result or testimonial, you grant the Institute a non-exclusive, royalty-free licence to use it to describe and promote the Programmes, until you ask us in writing to stop future use.

23.3 No obligation. You are never required to provide a testimonial, and we will not publish your personal details in a testimonial without your permission.

23.4 Accuracy. Any testimonial you give must be truthful and must reflect your own genuine experience.

24. Student Responsibilities

24.1 Equipment and ingredients. You are responsible for the equipment, ingredients, packaging, premises and licences needed to put what you learn into practice.

24.2 Practical safety. You must follow food hygiene, electrical, fire and workplace-safety rules that apply where you operate, and you carry out all practical work at your own risk.

24.3 Accurate information. You must give accurate registration and payment information and keep it up to date.

24.4 Respect for others. You must treat the Institute’s team and other students with courtesy and respect at all times, in line with the Student Conduct Policy.

25. Community Groups and Messaging Platforms

25.1 Group access. Access to WhatsApp or other community groups is provided as part of the Programme experience and is subject to this Agreement and the rules of the platform concerned.

25.2 Group rules. You must follow the group rules posted by the Institute. Administrators may remove messages or members to keep the group safe, relevant and respectful.

25.3 Platform changes. Messaging platforms are run by third parties. We are not responsible for changes to, or outages of, those platforms, and we may move the community to another platform where reasonably necessary.

25.4 Privacy in groups. Information you post in a group may be visible to other members. Do not share sensitive personal or financial information in a group.

26. Availability and Changes to the Services

26.1 Continuous improvement. We may update, reorganise, add to or retire lessons, resources, bonuses and features to keep the Programmes accurate and useful.

26.2 Maintenance. We aim to keep the Services available but do not promise uninterrupted or error-free access. We may suspend access briefly for maintenance, security or technical reasons.

26.3 Technical requirements. You are responsible for your own device, internet connection and data costs needed to access the Services.

26.4 Material changes. Where a change materially reduces the core content you paid for, we will tell you and, where the law requires, offer a suitable remedy.

27. Severability, Waiver and Entire Agreement

27.1 Severability. If any part of this Agreement is found to be unlawful or unenforceable, the rest remains in full effect and the affected part will be applied to the fullest extent the law allows.

27.2 No waiver. A delay or failure by the Institute to enforce any right is not a waiver of that right.

27.3 Assignment. You may not transfer your rights or duties under this Agreement without our written consent. We may transfer ours to a successor to the Institute’s business, provided your rights under this Agreement are not reduced.

27.4 Entire agreement. This Agreement, together with the policies referred to in it, is the whole agreement between you and the Institute about the Services and replaces any earlier understanding about the same subject.

28. Acknowledgment

BY REGISTERING, PAYING FOR OR USING THE SERVICES, YOU ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (2) THE PROGRAMMES ARE DIGITAL INTELLECTUAL PROPERTY AND, ONCE ACCESS IS GIVEN, NO REFUND WILL BE ISSUED; (3) THE INSTITUTE MAY EXPEL YOU AND WITHDRAW YOUR ACCESS FOR HARASSMENT, INSULTS, MISCONDUCT, FALSE ALLEGATIONS, CONSPIRACY OR DEFAMATION; (4) THE SERVICES ARE EDUCATIONAL AND DO NOT GUARANTEE INCOME OR REGULATORY APPROVAL; AND (5) YOU ARE RESPONSIBLE FOR SAFETY, QUALITY AND LEGAL COMPLIANCE IN ANY BUSINESS YOU BUILD.

29. Contact

Mahi Institute by Nèsta Address: Wheler Street, Droylsden, Manchester, M11 1DR, United Kingdom International practical training institute serving students worldwide Email: management@mahiinstitute.com · support@mahiinstitute.com · legal@mahiinstitute.com Website: www.mahiinstitutebynesta.com

Related documents: Student Conduct Policy · Important Payment and Liability Notice

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