Terms & Conditions
Applicable from and including 2023-12-06 until further notice.
Welcome to our website. By accessing or using this website, you agree to be bound by the following terms and conditions ("Terms of Use"):
1. General
1.1.
These general terms and conditions (as amended and updated from time to time, these "Terms and Conditions") are applicable when Nova Circle AB, reg. no 559396-6608, or another entity within the same group as Nova Circle AB ("Nova"), provides Services (as defined below) to you (the "User" or "you"). Section 13 includes special provisions governing the use of Nova services abroad.
1.2.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, AND/OR BY REGISTERING WITH THE PLATFORM, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT YOU ARE SUBSCRIBING FOR EMAILS FROM US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
1.3.
The Services are directed to natural persons who are at least 16 years of age, provided that such persons have been registered in accordance with Nova's rules and onboarding process as applicable from time to time. These Terms and Conditions constitutes a binding agreement between Nova and a User (the "Agreement"). When using the Services, the User undertakes to comply with these Terms and Conditions together with any specific terms as well as other rules and instructions as Nova is publishing from time to time. Furthermore, a User is obliged to observe applicable laws, rules and order of competent authority when using the Services.
1.4.
These Terms and Conditions refer to the privacy policy which also apply to your use of the Services (the "Privacy Policy"). The Privacy Policy sets out the terms on which Nova processes any personal data that Nova collects from you, or that you provide to Nova. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate. In the event of any conflict between what is set out in these Terms and Conditions and what is set out in the Privacy Policy, the Privacy Policy shall take precedent. For the avoidance of doubt, the Privacy Policy is applicable to all activity and use of the Platform and the Services.
1.5.
If the User has authorised, permitted or otherwise made the User's Nova account available for someone else to use, the User bears full responsibility under the Agreement for such use (including, for the avoidance of doubt, the obligation to pay any accrued fees).
2. Definitions
2.1. In these Terms and Conditions, capitalized terms shall have the meanings set out below unless otherwise stated.
3. The Platform and the Services
3.1 General
3.1.1. Nova provides an electronic system through the Platform for identifying, creating, sharing and purchasing recommendations relating to experiences and to access additional related services that may be made available, such as reservations, bookings and other functions and services provided by Nova from time to time (the "Services").
3.1.2. The Services offered by Nova may be dependent upon, or provided in combination with, services offered by Partners or other third parties. Such Partners or third parties may have their own applicable rules, regulations and/or terms of service.
3.1.3. Some Services may be offered simultaneously and separate costs and fees for each Service may be applicable and charged.
3.2 Access to the Services
3.2.1. A pre-condition for the User to gain full access to the Services is that the User registers as a user with Nova.
3.2.2. The Nova account provides an overview of the transaction history and purchased activities.
3.3 User's Undertakings and Responsibility
3.3.1. The User is responsible for ensuring that accurate information is registered with Nova at any time.
3.3.8. You understand and agree that you are solely responsible for compliance with all applicable laws and regulations. In connection with your use of the Platform or Services, you may not:
- Violate applicable laws, regulations and industry standards
- Use automated software to access or scrape the Platform
- Use the Services for unauthorized commercial purposes
- Interfere with or damage the Platform through viruses or malware
- Distribute unsolicited commercial email (spam)
- Impersonate any person or entity
- Use hateful, obscene, offensive, racist, sexual, or violent language
3.4 Content Moderation
3.4.1. Nova utilizes a recognition tool integrated into the Platform ("Content Moderation system") to monitor and moderate content shared by users.
3.4.2. Inappropriate content includes content that is sexually explicit, violent, harassing, discriminatory, defamatory, misleading, or otherwise violative of our content guidelines.
4. Prices and Fees
4.1. The size and calculation of any fee payable to Nova depends on the acquisitions made by the User. All prices and fees include VAT.
5. Payment Terms
5.1. Payment is made by a payment method approved by Nova from time to time.
5.3. If payment is not made on time, Nova is entitled to charge a penalty interest fee in accordance with Swedish law.
6. Intellectual Property Rights
6.2. The Platform is generally available 24 hours a day, but availability may be interrupted due to planned upgrades or maintenance.
6.4. All copyright and other intellectual property rights relating to Nova, the Platform and its contents are owned or licensed by Nova.
7. Nova's Liability
7.1. Nothing in these Terms and Conditions shall exclude liability of Nova for gross negligence, willful misconduct, or death and personal injury caused by Nova's negligence.
7.3. Nova is not liable for indirect or consequential damages such as loss of profits.
8. Complaints
8.1. In case of a defective Service or an erroneous charge, the User shall submit a written complaint to Nova's customer service without delay, and at the latest within 60 days.
9. Term and Termination
9.1. The Agreement is valid from registration by the User until it is terminated in accordance with the terms of the Agreement.
9.2. Nova has the right to immediately suspend the User's access to the Services if the User is in material breach of any undertakings.
10. Right of Withdrawal
10.1. The User has a right to withdraw from the Agreement without any reason within 14 days from the day the Agreement was entered into.
11. Force Majeure
Nova shall not be responsible for failure or delay resulting from any cause beyond Nova's reasonable control, including natural disasters, acts of war, terrorist actions, labor conflicts, or network failures.
12. Information and Personal Data
12.1. The User acknowledges that Nova may share information regarding the Services to Partners and other third parties.
12.2. Personal data is processed in accordance with applicable legislation and the Privacy Policy.
13. Nova in Other Countries
If the User uses the Services in another country than Sweden, these Terms and Conditions shall apply unless Nova informs the User that other terms shall apply.
14. Miscellaneous
14.1. Assignment
Nova has the right to assign its rights and obligations under the Agreement without the User's consent.
14.4. Indemnity
By using the Services, you agree to defend, indemnify and hold Nova harmless from all claims, liabilities, costs and expenses arising from your use of the Platform.
14.5. Notices
Any notices shall be made in writing to hello@novacircle.com.
15. Applicable Law and Dispute Resolution
15.1. These Terms and Conditions shall be governed by the substantive laws of Sweden.
15.3. Any dispute shall be settled by the City Court of Stockholm as the first instance.