We care about your privacy.

 

At Nuwaay we care about protecting your privacy. If you have any questions about either our terms of use, or your privacy on Nuwaay.com, please don’t hesitate to reach out.

 

Nuwaay’s Terms of Service Acceptance: This terms of service and privacy policy document (this “Agreement”) creates a legally binding agreement between Nuwaay, (i) Humility Holding ltd, a limited liability company established and resident under the St. Kitts & Nevis. “Nuwaay.com” means Nuwaay, as applicable.

 

By clicking the “I AGREE” button, installing the App or otherwise using the Service, you agree to be bound by this Agreement, including the documents we refer to in this Agreement, such as our Content Guidelines or our Privacy Policy, which are hereby incorporated into this Agreement by this reference, as of such date (the “Effective Date”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE OR INSTALL THE APP.

 

Who We Are? Nuwaay provides a proprietary service (the “Service”) is designed to allow users to discover relevant restaurant menu items, give review/rating of their dishes, order food and giving recommendations to other users. The Service includes a mobile application (the “App”).

1. Account Creation; Representations About You. You may browse certain pages within the Service and view certain Content (defined below) without creating an account, but to use certain features of the Service, you must create an account. By creating an account or otherwise using the Service or the App, you should ensure that the information that you provide to us about you in connection with the Service will be current, true, accurate, supportable, and complete. We recommend, but do not require, that you link your Nuwaay account with one or more social media sites to help your friends and contacts find and follow you on the Service.
2. Provision of Service and License Grant. Subject to the terms and conditions of this Agreement, Nuwaay grants you, during the term of this Agreement, a limited, non-exclusive and non-transferable license to: (a) access to the Service, (b) download, install and use the App on a single smart phone, tablet or other mobile device that you own or control, and (c) use the content, including text, pictures, videos, links and information or recommendations made available to you through the Service or the App (“Content”).
3. Restrictions. You shall not: (a) copy any element of the Service, including by scraping the Service or the content on the Service, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of the Service; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of the Service; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Service; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or any features or functionality thereof to any third party for any reason. If for some reason these restrictions are prohibited by applicable law or by an agreement, we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
4. Reservation of Rights. Nuwaay reserves all rights in and to the Service not expressly granted to you under this Agreement. You do not acquire any ownership interest in any element of the Service under this Agreement, including any related copyrights, trademarks, and other intellectual property rights, except as expressly granted to you in this Agreement. If you submit comments, suggestions, photos or other feedback regarding the Service (“Feedback”), Nuwaay will be free to use such Feedback for any purpose. “NUWAAY” and all associated logos displayed within the Service are our trademarks (unless otherwise noted).
5. No Endorsement. Users may recommend and provide feedback regarding other Users and the quality of restaurants & menu items, but Nuwaay itself does not recommend or endorse any User. You follow the recommendations of any User at your own risk. Recommendations and reviews submitted to Nuwaay and posted on the Service reflect the opinions of the individual Users and not Nuwaay or any of its affiliates, officers, directors or employees. Nuwaay does not endorse any of the opinions expressed by Users. Nuwaay is not affiliated with any establishment listed or reviewed on the Service.
6. Content. We do not claim ownership rights in the Content that you post or share via the Service. However, by posting or sharing Content through the Service, you hereby grant to us and our third party partners a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide license under all of your applicable intellectual property rights to use, transmit and publish such Content through the Service and to provide the Service to you and other Users.
7. Representations About Content. It is important to us that Users do not use the Service to violate the rights of others. You represent to us that (a) you have all necessary rights and permissions to grant us the license in the preceding section, and (b) the posting and sharing of your Content via the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
8. Prohibitions Regarding Content. The Service is designed to capture the best cuisines & menu item recommendations from users. Content may not be malicious, defamatory, obscene, pornographic, abusive, threatening, or harmful, or promote illegal or immoral activities. We may but are not required to monitor Users use of the Service, including any Content posted to the Service. We reserve the right to remove any of the Content from the Service in our sole discretion, including if we discover a violation of this Agreement or our Content Guidelines. Repeated violations may result in the termination of your account and your use of the Service with without prior warning.
9. Recommendations. We will not accept recommendations from anyone that has a relationship with the establishment or local attraction they are recommending, including the owner, management and employees of the establishment, or a competing establishment. If you receive compensation or the promise of compensation (such as a discount or a free product) or other benefit in exchange for your recommendation, you should clearly and conspicuously disclose the compensation or benefit you received or will receive. Nuwaay is not responsible and assumes no liability for any local recommendations submitted to the Service, or for any loss or damage related to such recommendations, nor is Nuwaay liable for violation of this Agreement or our Content Guidelines by any User of the Service.
10. Backup. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP YOUR CONTENT DURING THE TERM OF THIS AGREEMENT. YOU AGREE THAT AFTER TERMINATION OF THIS AGREEMENT, YOU MAY NOT HAVE ACCESS TO YOUR CONTENT.
11. Service Fees. There are currently no fees for the use of the Service. We reserve the right to charge fees in the future for the use of the Service, or any features or functionality thereof, provided that we will provide you with a reasonable amount of notice prior to charging any fees.
12. Transaction fees. The prices displayed at Nuwaay.com does not include transaction and bank charges. Point of sales bank transactions incur a 4% charge per transaction due to bank fees; there is also an additional 2% per transaction charge for use of our service. THESE CHARGES ARE APPLIED TO OUR BUSINESS PARTNERS E.G. RESTAURANTS AND NOT TOWARDS OUR USER E.G. CUSTOMERS.
13. Terms of sales. By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of a legal age to form a binding contract, and (iii) representing that all information you provided us in connection such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you. Prior to our acceptance of an order verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number items ordered and to refuse service to you without prior notification. In the event that an item lists and incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
14. Information accuracy. Maintenance and Availability: Scheduled system maintenance shall take place from time to time, and during such time, updates to the Service or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. The Service or some aspects thereof may require a wireless Internet connection. We make no representation that the Service is available or permitted in any location. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible for compliance with any applicable laws in connection with your use thereof. Nuwaay may also impose limits on the use or access to the Service as required by law.
15. Term and Termination: The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by Nuwaay or you. Nuwaay may terminate this Agreement at any time without notice if it ceases to offer the Service or support the App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (a) all license and other rights granted to you under this Agreement will terminate; and (b) you must cease all use of the Service and destroy all copies, full or partial, of the App. You acknowledge that Nuwaay may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
16. Acknowledgements: Regarding Apple, Inc., Google Inc. and other App Store Providers. You acknowledge that this Agreement is between you and Nuwaay and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”). You agree that Nuwaay (not the applicable App Store Provider) is responsible for the App and the Service. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE SERVICE, ANY APP, OR ANY GOODS OR SERVICES PROCURED THROUGH THE SERVICE. If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
17. Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESOLVE A PARTICULAR SITUATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
18. Disclaimers Regarding Advisors and User Advice: YOU ACKNOWLEDGE THAT ADVISORS AND USERS ARE SOLELY RESPONSIBLE FOR ANY (A) COMMUNICATIONS AND CONTENT TRANSMITTED TO YOU VIA THE SERVICE; (B) LEGAL, FINANCIAL OR MENTAL OR PHYSICAL HEALTH-RELATED ADVICE DISPENSED VIA THE SERVICE; AND (C) ANY OTHER ADVICE OR SERVICES THAT ADVISORS OR USERS MAY PROVIDE TO YOU. YOU ACKNOWLEDGE THAT NUWAAY IS NOT LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH ANY ADVISOR OR USER. YOU RELY ON THE ADVICE OF AN ADVISOR OR USER SOLELY AT YOUR OWN RISK.
19. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE SERVICE. WE WILL NOT HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50, OR (II) THE AMOUNT YOU PAID FOR THE SERVICE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
20. Acknowledgement Regarding SMS Messages and Push Notifications: To the extent the App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the App has push notification capability, by downloading the App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF NUWAAY AND OUR PARTNERS.
21. Export and Other Restrictions: You may not use or otherwise export or re-export the Service or elements thereof except as authorized by St. Kitts & Nevis law and the laws of the jurisdiction in which the Service was accessed or obtained. The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any St. Kitts & Nevis Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
22. Amendments: Any amendments to and waivers under this Agreement shall only be valid if in writing and signed by an executive of Nuwaay or if sent by Nuwaay and accepted by you via a click-to accept mechanism.
23. Miscellaneous: Neither party shall be in default for failing to perform any obligation hereunder if such failure is caused by supervening conditions beyond the parties’ respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labour disputes or governmental demands or restrictions (“Force Majeure Event”). The laws of the St. Kitts Government, excluding its conflicts of law rules, govern this Agreement and the provision of the Service. The parties consent the exclusive jurisdiction of the United Kingdom. This Agreement constitutes the entire agreement between us regarding the Service. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement fully operates permissible by law. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.