These Terms may be updated, changed or modified by us from time to time, and access to any areas of the Site may become restricted with or without notice to you. We suggest that review this page periodically. When material changes are made to these Terms, we will update the “Last Updated” date at the top of this document, and notify you that material changes have been made. Your continued use of the Site and/or Services constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
1. DESCRIPTION OF SERVICES
The Services provided by Nowaday include the provision of sightseeing tours by passenger-carrying vehicles. Nowaday has obtained all applicable permits legally required to operate in each city in which it operates its vehicle tours.
If your tickets are purchased on the Site, you will receive a confirmation email. You will need to bring an electronic or printed copy of your confirmation email with you before boarding the vehicle. If you misplace this confirmation email, your Nowaday driver may require a valid photo identification that matches the information submitted at the time of purchase. Your tour may be forfeited if you can not provide proof of booking in our system with your valid identification.
Your purchase allows you to use Nowaday Services beginning at the time and date referenced in your confirmation email. At the end of the tour, you must exit the vehicle when prompted by your driver.
All children 16 years old and younger must be accompanied by an adult at all times. Nowaday may suspend or cancel your use of the Services or Site immediately if you do not comply with these Terms.
4. DEPARTURE TIME AND LOCATION
Nowaday will provide a specific departure date, time and location for your tour, which are as precise as possible. However, Nowaday may, without prior notice, make changes to your departure date, time or location as circumstances require.
Nowaday reserves the right to make changes to any published or promised route of a Service in the event of marches, parades or where reasonably sensible to do so under any circumstances out of Nowaday’s control.
6. VEHICLES AND SAFETY
All customers on a tour are required to remain seated with seatbelts on while in the vehicle.
We reserve the right to deny access to the Services where circumstances are determined to compromise the safety of the tour.
Pricing for the Services can be found on the relevant pricing page of the Site. All prices are inclusive of applicable local taxes. Nowaday reserves the right, in its sole discretion, to make changes to the prices at any time, immediately and without notice upon posting on the Site.
Nowaday may offer discounts or promotional offers, with or without a discount or promotional code. Discounts that are accompanied by a code are only valid for a single purchase. Nowaday is under no obligation to honor or bear any responsibility for a discount or offer that is published on an external website. We reserve the right, without notice, to withdraw any discounts and promotional offers at any time.
A full or partial refund of the purchase price shall be granted in the event that Nowaday is unable to provide a Service at the designated date and time listed on your confirmation email, through circumstances within its control. Upon written receipt and confirmation of such circumstance, Nowaday will fully or partially refund to the customer the cost of the original purchase. However, Nowaday shall not be in breach of these Terms, nor shall it be liable for delay in performing, or failure to perform, any of the Services if such delay or failure results from events, circumstances or causes beyond its reasonable control. You agree that we are not responsible to you for anything that we may otherwise be responsible for, that may be caused by reasons beyond our reasonable control including, but not limited to, acts of God, earthquakes, war, insurrection, riots, crime, labor shortages (including lawful and unlawful strikes), embargoes, communication disruption, or failure or shortage of infrastructure.
9. ACCIDENT OR LOSS
You and you alone are responsible for your own personal property at all times while traveling with Nowaday. Nowaday maintains a Lost and Found and may hold on to items left by you for up to three (3) business days. Any item of personal property left behind after this period of time will be disposed of without further liability on our part. However, any item that exceeds a reasonable size and/or weight may be discarded immediately based on the driver’s discretion. We will not be liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused. In the case of negligence by Nowaday, our liability is limited (except for death or personal injury) for damages that will not exceed the cost of your original purchase price.
The presence and/or consumption of alcohol is prohibited on the Services at all times.
You hereby acknowledge that Nowaday may take photographs prior to boarding or on board any of the Services, and you consent for Nowaday to use your likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Nowaday will endeavour not to use photographs in which a single individual is present and prominently featured without obtaining that individual’s consent. Any images contained on the Site are for illustrative purposes only.
12. CUSTOMER CONDUCT AND GENERAL CONDITIONS
We reserve the right, in our sole and absolute discretion, to deny you access to the Services if your behavior is deemed to be offensive or disturbing to other passengers, or you act in a way that poses a risk to your safety or the safety of other passengers, and Nowaday shall not have any further liability in this regard.
Nowaday does not permit any animals or pets on board of Nowaday’s cars, with the exception of service animals (as described in Section 14).
13. NO DISCRIMINATION
All Services provided by Nowaday hereunder shall be in compliance with all applicable federal and state laws prohibiting discrimination on the basis of race, color, religion, sex, or national origin.
14. SERVICE ANIMALS
Nowaday accepts, without any additional charge, any service animal to assist any person with a disability. Nowaday will make a reasonable effort to ensure that a seat is available which provides enough space for both the person and the service animal. To the extent permitted or required by law, and at their sole discretion, Nowaday reserves the right to refuse any service animal on board its vehicles in certain circumstances as deemed necessary by Nowaday, for the comfort or safety of other passengers and Nowaday employees.
15. LIMITATION OF LIABILITY
THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES, THE SITE AND THE CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE NOWADAY PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, COSTS, EXPENSES, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY OF THE SITE OR ANY MATERIAL LINKED TO ANY OF THE SITES (INCLUDING BUT NOT LIMITED TO ANY DEFECTS, VIRUSES OR ANY OTHER ERRORS OR FAILURE IN NETWORK COMMUNICATIONS OR COMPUTER TRANSMISSIONS), EVEN IF SUCH NOWADAY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. ADDITIONALLY, NOWADAY ACCEPTS NO LIABILITY IN RESPECT OF ANY CHANGES MADE TO THE CONTENT OF THE SITE BY UNAUTHORIZED THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
NOWADAY ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON THE SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS AN ENDORSEMENT BY NOWADAY OF THOSE LINKED WEBSITES. NOWADAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
THE LAW IN CERTAIN JURISDICTIONS DOES NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. SITE AVAILABILITY
WITHOUT LIMITING THE FOREGOING, NONE OF THE NOWADAY PARTIES WARRANT THAT THE NOWADAY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If the Site is unavailable, please report this via email by writing to email@example.com and Nowaday will attempt to correct the fault as soon as Nowaday reasonably can. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website and for ensuring that you have adequate anti-virus protection installed on the equipment used to access the Site.
17. INTELLECTUAL PROPERTY AND CONTENT
Unless otherwise stated, the Site and the Services and all materials contained therein, including, but not limited to software, text, graphics, copy, images, artwork, logos, trademarks, service marks, copyrights, sound recordings, audiovisual works, photographs, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services (collectively referred to as the “Nowaday Content”), and all intellectual property rights related thereto, are the exclusive property of Nowaday and its licensors. Nowaday does not warrant that the Site does not infringe any intellectual property rights of third parties.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Nowaday Content, or otherwise use the Nowaday Content in any way for any public or commercial purpose. Use of the Nowaday Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You must not use any part of the content on the Site for commercial purposes, or link to any applicable Site without obtaining the prior written consent from Nowaday or its licensors.
If you are in possession of any reproduction of any part of the Site that is in breach of these Terms, your right of use will cease immediately and you must, at Nowaday’s option, either return or destroy any copies of the materials.
18. THIRD PARTY SITES
The Site and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
19. ACCEPTABLE USE
As a condition of your use of the Site and the Services, you agree that:
- You will not use the Site for any unlawful, improper or illegal purpose or activity; or
- You will not use the Site in a way which causes or may cause:
- damage to the brand and/or reputation of Nowaday;
- the Site or the Services to be interrupted, damaged or impaired;
- a virus or malicious code to be introduced into any part of the Site;
- offence or detriment to any other person who uses any of the Site;
- Nowaday, you or any other user of the Site to be in breach of any applicable law or regulation; or
- detriment to any person associated with Nowaday in connection with the Site or Services.
These Terms, together with any amendments and any additional agreements you may enter into with Nowaday in connection with the Service, shall constitute the entire agreement between you and Nowaday concerning the Service. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Notwithstanding the foregoing or anything else in these Terms, the terms of these Terms that by their terms are perpetual or are otherwise intended to survive these Terms will survive the termination or expiration of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nowaday without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
22. GOVERNING LAW
These Terms will be governed by and construed in accordance with the copyright laws of the jurisdiction in which the Services are performed and the internal law of the State of New York, without regard to the conflicts of law principles thereof, and any action brought in relation to this Agreement will be brought in a Federal or State court in New York County, New York State. Each party waives any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to this Agreement or otherwise relating to the relationship of the parties, whether in contract, tort or otherwise. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NOWADAY. FOR ANY DISPUTE WITH NOWADAY, YOU AGREE TO FIRST CONTACT US AT HELLO@NOWADAY.COM AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IN THE UNLIKELY EVENT THAT NOWADAY HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY (60) DAYS, YOU AND NOWADAY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE SHALL BE FINAL AND BINDING ARBITRATION. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.
ANY DISPUTE BETWEEN NOWADAY AND YOU ABOUT OR INVOLVING YOUR USE OF THE SERVICES THAT IS UNABLE TO BE INFORMALLY RESOLVED MUST BE COMMENCED AND CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES (THE “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA CONSUMER RULES”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE WWW.ADR.ORG OR BY CALLING THE AAA AT 1-800-778-7879, IN NEW YORK, NEW YORK, USA , PROVIDED THAT THE FOREGOING SHALL NOT PREVENT NOWADAY FROM SEEKING INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Please contact us at firstname.lastname@example.org with any questions or feedback regarding the Services, the Site or these Terms. Thank you for using our Services and Site.