Effective date: 25.07.2022, Version: 2.1
1. ACCEPTANCE OF THESE TERMS AND GENERAL INFORMATION
1.2 In the event of discrepancies between these Mews Terms and Conditions and any specific terms governing the use of particular Mews Services, such specific terms shall prevail.
1.3 All information provided by you within any Mews Services shall be true and accurate and may be relied upon as such.
1.4 You also acknowledge that you are at least 16 years old. If you are below this age, parental/guardian consent might be required for your use of Mews services and applications depending on the law applicable to you.
2. DEFINITIONS AND INTERPRETATION
In these Terms, unless the context requires otherwise, the following words and expressions shall have the following meanings:
|Mews||the company MEWS Systems BV, Company ID: NL 856548327B01, reg. office at Wibautstraat 137D, Scalehub 2nd floor, 1097DN Amsterdam, the Netherlands.|
|Mews Platform||refers to the set of applications and systems provided by Mews to Users and Enterprises.|
|User||a person that signs up to the Mews Platform.|
|User Account||user account of User|
|Enterprise||a customer of Mews that is entitled to use the Mews Platform based on a separate contract with Mews.|
|Enterprise Administrator||User acting on behalf of Enterprise with a special set of rights towards the Enterprise Scope that allows him/her to administer the Enterprise Scope and grant access to Enterprise Scope to other Users|
|Mews Personal Area||a part of Mews Platform that serves Users to manage their User Account and data, manage their reservations, orders and other services provided by Enterprises, to communicate with Enterprises, and to use other services as provided by Enterprises.|
|Mews Business Area||A part of Mews Platform that serves Users to act on behalf of Enterprises or Mews.|
|Enterprise Scope||A part of Mews Business Area controlled by a single Enterprise where Users can manage data, settings, reservations, orders, applications, customers and use other functionalities as available in Mews Platform for and on behalf of that Enterprise. For a User to be able to access Enterprise Scope the User has to have an Enterprise Profile.|
|Mews Services||refer to any services provided by Mews to Users which specifically refer to these Mews Terms and Conditions especially Mews Personal Area which is provided by Mews directly to Users.|
|Ordered Services||reservations and orders as well as other services of Enterprises available to the User through Mews Personal Area and provided by Enterprises|
|Terms||refer to the current version of the Mews Terms and Conditions as may be amended from time to time by Mews and published on the Mews website|
3. ACCESS TO MEWS PLATFORM AND ENTERPRISE SCOPE
3.1 To access Mews Platform, you have to become a User, i.e., to sign up to Mews Platform and agree with these Terms, whereas within the sign-up process User is obliged to fill in information about him/her marked as mandatory and a password. User is obliged to provide a valid email address. By signing up to Mews Platform a contract between User and Mews is formed.
3.2 Subject to these Terms, User retains administrative control over his/her User Account. User may delete his/her existing User Account at any time. Deletion of a User Account is final and the data within the account shall be erased, except for data that Mews is obliged to retain for compliance with Mews’ legal obligations or that are processed based on Mews’ legitimate interest.
3.3 User is obliged to protect his/her username and password and not to disclose it to any third parties. User is solely liable for any misuse of his/her User Account in case he/she fails to do so. User is obliged to change the password immediately when User suspects that his/her User Account might have been compromised.
3.4 Enterprise Administrator may invite User to the Enterprise Scope it administers by creating an Enterprise Profile for the User. A User can be invited to any number of Enterprise Scopes and can access such with his/her User Account.
3.5 Enterprise is responsible and retains administrative control over its Enterprise Scope and Enterprise Profiles that have access to a particular Enterprise Scope.
3.6 Mews acts as a data processor in relation to Enterprise Scope based on a separate agreement with Enterprise.
4. USE OF MEWS SERVICES
4.1 User is obliged to use Mews Services in accordance with the purpose for which they are provided and in compliance with these Terms, any specific terms related to use of particular Mews Services and all applicable laws. User shall not use Mews Services: (i) in any way that causes, or is likely to cause, any Mews Services, or any access to them, to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
4.2 Mews shall be entitled to refuse service or disable User from accessing any of Mews Services or delete the User Account in case of any breach of applicable laws, third party rights, these Terms, specific terms, guidelines or policies as provided by Mews or any action by User that is deemed by Mews as damaging or potentially damaging to Mews or Mews Services.
4.3 Nothing contained in these Terms shall be interpreted as the obligation of Mews to operate or ensure availability or provide any Mews Services and Mews is entitled to limit, suspend or terminate operation of Mews Services at any time at its sole discretion (unless expressly agreed otherwise in a specific agreement).
4.4 User is responsible for making all necessary arrangements to access Mews Services such as ensuring a suitable device and internet connection. Neither Mews nor their Partners are responsible for any charges that may be imposed on Users by their mobile or other network service operators.
4.5 Mews shall have the right to collect and analyze data, feedback suggestions and other information relating to the provision, use and performance of Mews Services and to use such information and data without any restriction or compensation of any kind to improve and enhance Mews Services or for further development, diagnostic and corrective purposes in connection with any of Mews Services.
4.6 If User provides Mews with any reports of defects and/or suggests modifications (“Report”), Mews shall have the right to use such Report, including incorporating such Report into any of Mews Services, without any obligation to User. User agrees that only Mews shall have the right to enhance or otherwise modify Mews products and services. Unless specifically agreed otherwise in writing, Mews reserves all rights and grants User no licenses of any kind, whether by implication or otherwise. Mews shall own and retain all right, title and interest in and to (a) Mews Services and all improvements, enhancements or modifications thereto; (b) any software, applications, inventions or other technology developed in connection with use of Mews Services; and (c) information derived from analytical data, and (d) all intellectual property rights related to any of the foregoing.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Mews holds and retains all intellectual property rights in Mews Services and all content included in or made available through Mews Services, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Mews, Partners and/or third parties and are protected by copyright, authors' rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Mews’ or authorized third party’s prior written consent.
5.2 You may use Mews Services and its content solely in accordance with these Terms and applicable copyright laws. You may not use any part of the application without obtaining specific license to do so from Mews. You may not use any of the application content or content from third parties or, as the case may be, any other authorized licensor without obtaining a specific license.
5.3 You may not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material made available through Mews Services without being granted written permission to do so.
5.4 You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to i) access and extract information from Mews Services via automated means; ii) make any steps which may cause an extraordinary load on Mews Services; or iii) deep-link, mirror or frame any parts of Mews Services.
5.5 Nothing contained on this site should be construed as permission for you or for anyone else to possess any license or right to use any trademarks or other intellectual property of Mews, Partners or any third parties.
5.6 IP notice. In case you think that any intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the address set out herein; such notice must include:
- Identification of protected material, which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
- Description of how the relevant protected material is being infringed and role of Mews/Mews Services therein;
- Determination of owner/holder of protected material and their consent with sending this notice to us;
- Your contact address; and
- Your statement that you have good reason to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorized to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.
6. MEWS PERSONAL AREA SPECIFIC TERMS
MEWS PERSONAL AREA FUNCTIONS
6.1 If you access Mews Personal Area, you are bound by these Mews Personal Area Specific Terms.
6.2 Subject to availability of Mews Personal Area functions determined by Mews, Mews Personal Area may be used to:
- Manage User Account and User’s data
- manage User’s reservations, orders and other services provided by Enterprises
- communicate with Enterprises through an in-app messenger function, download QR codes with reservation information
Mews is constantly developing Mews Navigator’s functions therefore further functionalities may be available in the course of time.
6.3 Mews acts solely as an intermediary for conveying information in relation to any services that are by their nature provided by Enterprises you selected, such as check-in, late check-out or early check-in, breakfast, parking, orders, and other services as provided by Enterprises. The provision of these services is governed by Enterprise’s terms and conditions. Please be aware that Enterprises may have further limitations and/or charges for provision of their services. Please read any terms and conditions applied by a particular Enterprise prior to using any Enterprise’s services. Mews is not responsible and shall not be held liable for any services provided by Enterprises, their nature, contents and/or conditions under which these services are provided.
USE OF DATA IN MEWS PERSONAL AREA
6.4 In order to allow User to manage User’s reservations and orders as well as other services of Enterprises available to the User through Mews Personal Area (“Ordered Services”), User acknowledges and agrees that any data related to User’s Ordered Services including Personal Data and payment data may be shared with Enterprises for the sole purpose of managing the Ordered Services.
6.5 User further acknowledges and agrees that data provided to Enterprises within Ordered Services including Personal Data may be shared with Mews for the sole purpose of providing services through Mews Personal Area. By accepting these Terms, User also agrees that any User’s data (including Personal Data) relating to User’s Ordered Services made with Enterprises prior to acceptance of these Terms will be shared with Mews and imported to the relevant User Account.
7. SPECIFIC TERMS FOR CONSUMERS
7.1 Users to whom EU consumer protection applies, under which a consumer shall have a period of 14 days to withdraw from a distance contract, are entitled to exercise this right by (i) sending Mews within the above-mentioned period an unequivocal statement setting out consumer’s decision to withdraw from the contract or (ii) by deleting their User account.
8. WARRANTY AND LIABILITY
8.1 User shall defend, indemnify and hold harmless Mews from and against any and all damages, costs, expenses, liabilities, claims and causes of action, including, without limitation, reasonable attorneys’ fees, expenses and costs in the defense and disposition of such matters and in relation to enforcing this indemnification provision(together, “Damages”) in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that (i) User has in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property right of Mews and/or any third party and (ii) User’s gross negligence or wilful misconduct, or (iii) User’s violation of applicable legislation or these Terms.
8.2 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MEWS SERVICES PROVIDED BY MEWS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, MEWS EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEWS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO MEWS SERVICES OR ANY MEWS’ CONTENT. Mews makes no warranty that the Mews Services or any Mews’ content will meet the Users' requirements or be available on an uninterrupted, secure, virus-free or error-free basis. Mews makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Mews Services, any service levels with respect to Mews Services or any Mews’ content. User acknowledges and agrees that if User relies on Mews Services or any Mews’ content, User does so solely at its own risk.
8.3 NEITHER MEWS, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MEWS SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MEWS SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEWS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8.4 Nothing in these Terms shall limit or exclude Mews liability for fraud, death or personal injury or any other matter that cannot be limited or excluded by applicable law.
8.5 Linking. This site provides links to other sites, however, inclusion of these links does not imply any endorsement of such linked sites or any association with their operations. Mews shall not be responsible for the contents of the linked sites or your use thereof.
9. FINAL PROVISIONS
9.1 Mews shall not be treated as having waived any rights by not exercising or delaying the exercise of any rights under these Terms or under applicable laws.
9.2 In the event that one or more provisions of these Terms shall, or shall be deemed to be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms shall not be affected thereby.
9.3 Mews shall not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including, without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, labour action, terrorism, denial of service attacks or other malware/virus attacks, or other events beyond party's reasonable control.
9.4 All communication (including any notice having a legal effect) shall be done solely by electronic means and will be (i) sent to the email address provided by User within his User account or communicated by User to Mews in another way or sent through a functionality of a particular Mews Service intended for messaging (ii) sent to the email address notified from time to time by Mews. Shall, under these Terms, a written form be required for any notice/other act, a notice provided to the above-mentioned email address of User and/or Mews shall suffice.
9.5 These Terms and any dispute or claims arising out of or in connection with it or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods.
9.6 The courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims). Users in the European Economic Area which are consumers may also submit their complaint through the European Commission's online dispute resolution platform available at: https://ec.europa.eu/odr.
9.7 The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions Mews may provide, if any.
9.8 Mews shall be entitled to change these Terms at its sole discretion at any time. Mews shall notify User of any material changes in these Terms, at the latest, 30 days before their effectiveness. User’s continued use of Mews Navigator after the effectiveness of the new Terms is deemed as its acceptance of the new Terms. If a User does not agree with such new Terms, User shall cancel relevant User account and cease using Mews Services.
Contact details: MEWS Systems BV, Company ID: NL 856548327B01, reg. office at Wibautstraat 137D, Scalehub 2nd floor, 1097DN Amsterdam, the Netherlands.