Terms & Conditions

1. Your Agreement

1.1. This website and associated App (collectively referred to as “this App”) is operated by Neuwly Inc. a Canadian incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using this App and the services offered by Neuwly Inc, its affiliated companies (together, “Neuwly”) or the third-party operators (the “Operator”) through this App (the “Services”) "Services" includes but is not limited to the use of this App, any Services offered by Neuwly by itself or on behalf of the Operators on this App. “You” and “your” when used in this Terms of Use includes (1) any person who accesses the App and (2) persons for whom you make a purchase of the Services.

2. Change of Terms of Use

2.1. Neuwly's Modifications 

2.1.1. Neuwly reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Neuwly changes or modifies this Terms of Use, Neuwly will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised. 

2.1.2. Your continued use of this App after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this App and/or the Services. It is your responsibility to regularly check this App to ascertain if there are any changes to this Terms of Use and to review such changes. 

2.1.3. In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Neuwly from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.

3. Use of the Services

3.1. As a condition of your use of the Services, you warrant that (i) all information supplied by the Services to Neuwly is true, accurate, and complete; (ii) if you are a registered user of Neuwly’s Services (an “Account Holder”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services, and contribute to Neuwly’s App; and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including Neuwly’s Websites in accordance with all terms and conditions herein. Neuwly does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any products or services that facilitate the sharing of content to or from third party sites. You understand that you are solely responsible for any information that you share with Neuwly. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

4. Access and Use of the Services

4.1. Ownership of Content 

4.1.1. This App, the domain name (www.neuwly.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Neuwly in connection therewith are owned and operated by Neuwly. 

4.2. Provision and Accessibility of Services 

4.2.1. Subject to this Terms of Use, Neuwly may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this App. The Services that have been selected by you on this App are solely for your own use, and not for the use or benefit of any third party.

4.2.2. Neuwly may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Neuwly may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability. 

4.2.3. Neuwly does not guarantee that the Services will always be available or uninterrupted. Neuwly will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services.

4.2.4. If you link to this App, Neuwly may revoke your rights to so link at any time, at Neuwly’s sole discretion. Neuwly reserves the right to require prior written consent before linking to this App.

5. App and Content

5.1. Use of the Content 

5.1.1. All materials displayed or performed on this App including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This App and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.

5.1.2. If Neuwly agrees to grant you access to this App and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this App in accordance with this Terms and Use. Neuwly may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this App. 

5.1.3. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this App and the Content accessed through this App, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this App or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights. 

5.2. Neuwly’s Liability for the App and Content 

5.2.1. Neuwly cannot guarantee the identity of any other users with whom you may interact with in the course of using this App. Neuwly cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this App is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 

5.2.2. Under no circumstances will Neuwly be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this App.

6. Intellectual Property Rights

6.1. Intellectual Property 

All intellectual property rights subsisting in respect of this App belong to Neuwly or have been licensed to Neuwly for use on this App. This App, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this App and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this App or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) you shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Neuwly or from the copyright holder identified in such Contents copyright notice.

7. Registration and Security

7.1. Provision of Personal Information 

7.1.1. As a condition to using some aspects of the Services, you may be required to register with Neuwly and select a password and user name (“Neuwly User ID”). If you are accessing the Services through a Third Party App or service, Neuwly may require that your Neuwly User ID be the same as your user name for such Third Party App or service. 

7.1.2. You shall provide Neuwly with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Neuwly Account.

7.1.3. You represent that you shall not: (a) select or use as a Neuwly User ID a name of another person with the intent to impersonate that person; or (b) Use as a Neuwly User ID a name subject to any rights of a person other than you without appropriate authorization.

7.1.4. Neuwly reserves the right to refuse registration of or to cancel a Neuwly Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

8. Reviews - Further correspondence - Rights to User Content

 8.1. By completing a booking on Neuwly’s App, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Neuwly platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity.

8.2. You confirm you will comply with these Review Guidelines. In addition, you represent and warrant that:

8.2.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform; 

8.2.2. such content is accurate and not misleading; and 

8.2.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. 

8.3. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.

8.4. You further grant Neuwly the right to pursue at law any person or entity that violate your or Neuwly’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit. 

8.5. Content submitted by users will be considered non-confidential and Neuwly is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Neuwly reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Neuwly is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Neuwly. Neuwly shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.

9. Booking Confirmation, Tickets, Fees and Payment

9.1. Booking Confirmation 

9.1.1. Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the App is solely for reference only. Actual time required for confirmation may vary. 

9.2. Purchase and Use of the Booking

9.2.1. Through this App, you may arrange bookings or purchase tickets from Neuwly for the Services (“Bookings”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Booking confirmation number (“Confirmation Number”) and a printable version of your Booking. 

9.2.2. In order to use your Booking, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Booking. If you fail to appear on time or to provide the required documents or information, no refunds will be granted. 

9.2.3. An Operator may also require you to provide an identification document bearing your photo in order to use your Booking. Neither Neuwly nor the Operator is responsible for lost, destroyed or stolen Bookings or Confirmation Numbers. Bookings will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Booking in an unlawful manner (e.g., you attempt to use a Booking for an establishment where you must be 18 years of age to enter and you are under 18 years of age), the respective Operator may refuse to accept your Booking, and no refunds will be granted. 

9.3. Terms of the Bookings

9.3.1. The Terms of Use for each Booking may vary amongst Operators and any restrictions that apply to the use of such Booking, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the App.

9.4. Cancelation of Bookings

9.4.1. You may cancel your Booking by contacting Neuwly customer service within the cancelation period, as stated at the time of purchase on the App. Cancelation windows vary on a case-by-case basis. A Booking cancelled with the required notice will be refunded in full to the credit card you used to purchase such Booking.

9.4.2. The Operator, not Neuwly, is the offeror of the Services for the Events, to which the Bookings correspond to, and is solely responsible for accepting or rejecting any Booking you purchase, as related to all such Services. 

9.4.3. Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Booking. Except as expressly set forth herein, all fees paid for Bookings are non-refundable. Prices quoted for Bookings are in the currency stated on the App at the time prior to purchase. 

9.4.4. If an Event which you have purchased a Booking for is cancelled by the Operator, Neuwly will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Booking.

9.5. Required Assistance 

9.5.1. If you attempt to use a Booking in accordance with this Terms of Use and the additional terms and conditions applicable to such Booking and you are unable to do so (due to the fault of the Operator or otherwise), please contact Neuwly at hello@neuwly.com and Neuwly will try to liaise with the Operator for an appropriate remedy. 

9.6. Additional Charges 

9.6.1. Neuwly reserves the right to require payment of fees or charges for any Services offered by Neuwly. You shall pay all applicable fees or charges, as described on this App in connection with such Services selected by you.

9.7. Modifications to Charges

9.7.1. Neuwly reserves the right to update its posted prices for Bookings for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this App. Your use, or continued use, of the Services offered by Neuwly following such notification constitutes your acceptance of any new or revised fees or charges. 

9.8. Neuwly’s Rights and Obligations 

9.8.1. Neuwly reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Neuwly’s sole discretion. 

9.8.2. Neuwly intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price. 

9.8.3. Whilst the Operators are required to provide Neuwly with accurate and updated prices of the Services on this App, Neuwly cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times. 

9.9. The above terms and conditions & return policies are applicable to all Neuwly users worldwide.

10. Price Guarantee

10.1. Price Match

10.1.1. Neuwly guarantees the lowest price from on our experiences available to book on the App. In the unlikely event that you find a lower price or rate on Neuwly’s website or on another competitor website within three days of booking with Neuwly, Neuwly will credit or refund to you the difference in price.

10.2. Refund Policy

10.2.1. In Order to obtain a credit or refund, it’s easy to do! You must do the following:

10.2.1.1. Gather your information. Assemble your Neuwly Itinerary Reference Number and the proof of the lower price you found;

10.2.1.2. Send it to Neuwly at hello@neuwly.com

10.2.1.3. Give Neuwly time to review your materials. A Neuwly representative will be in touch as soon as possible; and

10.2.1.4. Receive your refund.

10.3.Refund Terms and Conditions

10.3.1. The following conditions apply to all refund requests:

10.3.1.1. The purchase must include a minimum purchase of $20.00 CAD to qualify for a refund. Please note that show, concert, and event tickets are not covered by Neuwly’s refund policy.

10.3.1.2. Neuwly’s refund policy covers retail and prepaid rates available to the general public. This does not include discounts received (or made eligible for) from third-party organizations such as AAA, AMA, or AARP, or special offers made as part of a membership program, corporate discount, daily deal, group, or rewards program.

10.3.1.3. The comparable activity or tour must be offered on the same date and priced in the same currency as the original purchase.

10.3.1.4. Upon arrival at the destination or event, if you find a lower retail price offered by the Operator for the same tour or activity, offered on the same date and priced in US, Canadian, or Australian dollars, British pounds, or Euros, please contact Neuwly as described above for a refund.

10.3.1.5. The Neuwly price guarantee is not available for bookings on websites where the carrier is unknown until after purchase. You must meet all requirements imposed on the lower price (if any), including, without limitation, residency, regional and age-related requirements.

10.3.1.6. The Neuwly price guarantee only applies to prices both advertised and available to the general public on an English-language website. The lower rate may not come from a website where you call to get the rate, or from an e-mail that you received. In addition, the rate must be quoted, booked, and paid for in the same currency as it’s offered on Neuwly’s website.

10.3.1.7. Neuwly reserves the right to verify details of the lower price, where possible. All refund decisions will be made at the sole discretion of Neuwly.

10.3.1.8. Neuwly reserves the right in its sole discretion to modify or discontinue the price guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. The terms that are in effect at the time of your booking will determine your eligibility under the price guarantee.

10.3.1.9. No change in the price guarantee program will affect any coupon that has already been issued to you. The failure by Neuwly to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.

 

11. Privacy Policy

11.1. Privacy Policy 

11.1.1. For Neuwly’s policy relating to its use of your personal data, please review Neuwly’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

 

12. Indemnity

12.1. Neuwly’s Indemnification 

12.1.1. You will indemnify and hold Neuwly, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this App, use of this App, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Neuwly User ID. 

12.2. Neuwly’s Involvement 

12.2.1. Neuwly may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Neuwly without Neuwly’s prior written approval. Neuwly reserves the right, at its expense and upon notice to you to assume exclusive defence and control of any claim or action.

13. Disclaimer

The information provided on the Services is provided on an "as is" basis and with no warranties. Specifically, no express or implied warranties of any type are made with respect to the information, or any use of the information, on the Services. Neuwly makes no representations and extends no warranties of any type as to the accuracy or completeness of any information or content on the Services.

While Neuwly has made efforts to ensure that the information contained on the Services has been obtained from reliable sources, Neuwly is not responsible for any errors or omissions, or for the results obtained from the use of this information.  All information on the Services is not provided with any guarantee of completeness, accuracy, or timeliness.  Neuwly, its related partnerships or corporations, or the partners, agents, or employees thereof shall not be liable to any person for any decision made or action taken in reliance on the information on the Services or for any damages whatsoever.

Neuwly specifically disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on the Services. Neuwly assumes or undertakes no liability for any loss or damage suffered as a result of the use, misuse or reliance on the information and content on the Services.

Neuwly users agree that by using the Neuwly application, you do so voluntarily and at your sole risk.  You agree that you have had the opportunity to investigate the Neuwly services, laws, rules or regulations that may be applicable to you and that you are not relying on any statement made by Neuwly.

The foregoing disclaimers apply to the maximum extent permitted by law.  You may have statutory rights; however, the duration of the statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

OPERATOR TERMS AND CONDITIONS

1. Requirement for Operators

  • Maintain a high response rate by replying to inquiries and requests within 24 hours, if made by Neuwly or the customer;

  • Avoid cancelling on customers; and

  • Maintain a high overall rating.

2. Operator Submissions

  • Uploading of Informatio

    • In the course of accessing this App or using the Services, you may provide information which may be used by Neuwly in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the App or otherwise providing content, materials or information to Neuwly and/or the Operators in connection with the Services (“Operator Submissions”) are made available to the public.

3. Operator Representations, Warranties, and Undertakings

  • Use of this App and the Service

    • You represent, warrant and undertake to Neuwly that you will not provide any Operator Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (b) Violates any law, statute, ordinance or regulation of any country; (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (d) Involves commercial activities and/or sales without Neuwly’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Neuwly; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

  • Removal of Operator Submission

    • Neuwly reserves the right to remove any Operator Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such Operator Submission or if Neuwly is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.

  • Responsibility for Operator Submission

    • You remain solely responsible for all Operator Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website

    • You acknowledge and agree that you shall be solely responsible for your own Operator Submissions and the consequences of posting or publishing all of your Operator Submissions on this App. You represent, warrant and undertake to Neuwly that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Neuwly to use all copyright, trademark or other proprietary or intellectual property rights in and to any Operator Submission to enable inclusion and use thereof as contemplated by this App and this Terms of Use; and (b) Neither the Operator Submissions nor your posting, uploading, publication, submission or transmittal of the Operator Submission or Neuwly’s use of the Operator Submissions, or any portion thereof, on or through this App and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.

    • You are responsible for all of your activity in connection with using this App and/or the Services. You further represent, warrant and undertake to Neuwly that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this App; (b) sell or resell any products, services or reservations or Bookings obtained from or via this App; (c) use this App for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent postings for Bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this App; (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; (f) run mail list, lists, or any other form of auto-responder, or "spam" on this App, or any processes that run or are activated while you are not logged on to this App, or that otherwise interfere with the proper working of or place an unreasonable load on this App’s infrastructure; (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this App; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this App

    • You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this App and/or the Services.