This website and any mobile application (collectively, this “Site”) is owned by VICE TRADING
GmbH, Enzmüllnerweg 46, 4040 Linz, AUSTRIA, ATU73048169. (“We”, “Us” or “VICE TRADING GmbH”). We are providing
You with access to this Site and Our online store (together, Our
“Services”) subject to the following terms and conditions.
By browsing, accessing, using, registering for or otherwise using Our Services, You are agreeing
to all of the following terms and conditions, including any policies referred to herein (collectively,
these “Terms”). These terms are governed by the law of the Republic of Austria. Please read these
Terms carefully. We reserve the right to change this Site and these Terms at any time. If You are
unwilling to be bound by these Terms‚ You should not browse, access‚ use or register for the Site.
You represent and warrant that You are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
Use of This Site
Subject to Your compliance with these Terms‚ We grant You a limited‚ non-exclusive‚ non-
transferable‚ non-sublicensable license to access and make personal‚ non- commercial use of
this Site. This license grant does not include: (a) any resale or commercial use of this Site or
content therein; (b) the collection and use of any product listings or descriptions; (c) making
derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data
gathering and extraction methods on this Site. You may not use‚ frame or utilize framing
techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information
(including the images found at this Site‚ the content of any text or the layout/design of any page
or form contained on a page) without Our express written consent. Further‚ You may not use any
meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our
express written consent. Any breach of these Terms shall result in the immediate revocation of the
license granted in this paragraph without notice to You.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
homepage of this Site so long as the link does not portray Us or Our products or services in a
false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at
any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of
the link without express written permission.
In order to access some features of this Site‚ You may be required to register and We may assign
to You, or You may be required to select, a password and user name or account identification. If
You register‚ You agree to provide Us with accurate and complete registration information‚ and to
inform Us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and
identification assigned to You. You shall immediately notify Us of any unauthorized use of Your
password or identification or any other breach or threatened breach of this Site's security. Each
time You use a password or identification, You will be deemed to be authorized to access and use
the Site in a manner consistent with these Terms, and We have no obligation to investigate the
authorization or source of any such access or use of this Site. You WILL BE SOLELY
RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE
PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, You
WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY
You, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND
ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE.
Inviting Accounts and Team Members
Every Account on newo.io has the option to invite Team Members to its Account. Team Members
are Users which accept the invitation sent through the Account inviting them, to join their Team.
However, Team Members are still independent Accounts within the system of newo.io, bound to
these terms and conditions to the full extent, as any other User of newo.io. By inviting Team
Members to Your Team, You simply grant these Accounts access to Your User Content and Us the
permission to display Your User Content, any amount of content in full or partially, on the Team
Member’s Account. Additionally You grant Us the right to forward any number offers, inquires and
messages, in full or partially, sent to Your Account to Your Team Members’ Accounts. The
forwarding of incoming offers, inquiries and messages takes place at random to any of Your Team
Members’ Accounts. Removing Team Member Accounts from Your Account’s Team will solely
result in revocation of the permission to Your User Content, for the removed Team Member
Accounts only, but not in deletion or closure of the Team Member Accounts’ independent
Accounts. Nor will it result in revocation of the permissions to Your User Content granted to Us in
any other paragraphs of this Agreement. You are fully and solely responsible and liable for all User
Content You post as set forth in other sections of this Agreement, no matter if this User Content is
displayed in a Team Member’s Account or in Your Account. Herby We reserve the full right to hold
not only Your Team Members but also You fully liable for their actions on the Site. A breach of this
Agreement of any nature by a Team Member or You can result in termination of this agreement for
not only the Team Member but also for You.
By accepting an invitation to a Team, You herby grant Us and the Inviting Account the full right to
display any amount of User Content of the Inviting Account, in full or partially, in Your Account. At
no point in time do You own the rights to such Content. You also grant Us the right to forward any
number of incoming offers, inquires and messages directed to the Inviting Account, in full or
partially, to Your Account at any time and at our sole discretion.
You herby indemnify Us from any charges, claims, liabilities, losses or damages of any nature,
incurred to You due to Your affiliation and or cooperation with an Inviting Account or Team
Member, such as but not limited to, revocation of permission to other Users’ Content, lost
business due to removal of Team Member status, Account suspension or deletion based on
breach of this Agreement by You or one or multiple of Your Team Members, damages, losses,
charges and claims based on fraudulent or illegal activity of one or multiple of Your Team
Members and or Your Inviting Account, etc. Furthermore, You indemnify Us from any claims,
damages, losses or liabilities towards the team members you have invited, regardless of whether
these team members have accepted or rejected the invitation, are active team members or past
team members and assume all liability in this context without exception.
When You use this Site, or send emails to Us, You are communicating with Us electronically. You
consent to receive communications from Us electronically. We will communicate with You by e-
mail or by posting notices on this Site or through Our other services. You agree that all
agreements, notices, disclosures and other communication that We provide to You electronically
satisfy any legal requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create,
post, transmit or store any content, such as text, music, sound, photos, video, graphics or code
on the Sites ("User Content"). User Content is publicly-viewable and may include Your profile
information and any content You post pursuant to Your profile, but it does not include Your
account information or information You submit in order to make a purchase. You agree that You
are solely responsible for Your User Content and for Your use of Interactive Features, and that You
use any Interactive Features at Your own risk.
By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create
or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory,
fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party or that would otherwise create
liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We
sell in a manner that could be offensive, inappropriate or harmful to Us or any
user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data
protection rights of others, including pictures, videos, images or information about
another individual where You have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions
about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents
Your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, You grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to You. You also grant users of this Site the right to access Your User Content in connection with their use of this Site.
By posting User Content to this Site, You represent and warrant that (a) such User Content is non- confidential; (b) You own and control all of the rights, title and interest in and to the User Content or You otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that You grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and Your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and Our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Restrictions on Rights to Use
You agree You shall not (and You agree not to allow any other individual or entity using Your password and identification to):
- download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
- remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
- use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
- collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
- reformat or frame any portion of any Web pages that are part of this Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
- submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by Us;
- transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
- use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
- copy or store any User Content offered on this Site other than for Your personal‚ non- commercial use;
- take any action that imposes‚ or may impose‚ in Our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law. We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
As between You and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the
collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or Our licensors and protected by applicable copyright laws.
The use of any of Our trademarks or service marks without Our express written consent is strictly prohibited. You may not use Our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Our trademarks or service marks in any manner that disparages or discredits Us. You may not use any of Our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to You or any other user any license or right in or to any of Our
patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
We and Our Site offer You and Your Team Members the possibility to use Our services entirely for free, should You select the Freemium Plan for Yourself or Your Team Members. The Freemium plan gives access to all features, but with quantitive restrictions. Freemium Plan Users can only be using Our Site in a limited amount of industries simultaneously, contact a limited amount of other Users (if You are not an accepted follower of the other User) and send a limited amount of inquires through Our Site per month. The Premium and Unlimited Plan offer the same features but with higher or no limitation. We offer different kinds of Plans in duration, limits and pricing. You can find an overview here: https://plans.newo.io/
Should you purchase paid Subscription Plans for your Team Members, you herby acknowledge, that you do so willingly and consciously, knowing that you are purchasing Plans for third parties, which cannot be transferred to other Users, should you remove these Team Members from your Team.
Purchases on this Site
You agree that all of Your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non- electronically, those transactions will still be governed by the remainder of these Terms unless You enter into different terms provided by Us. Only valid credit cards or other payment methods acceptable to Us may be used. By submitting Your details, You represent and warrant that You are authorized to use the designated card or method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, Your payment may be suspended or cancelled automatically.
Purchases of Our product/services are based on a subscription model, which is billed and collected according to the subscription plan selected by you. If You order subscription plans for multiple users at once (e.g. Your entire organization), the payment and billing will be handled in one transaction and one invoice stating all subscription plans and corresponding users. Subscription plans are renewed automatically and Your payment method will be charged on the due date of Your automatically renewed subscription plan until cancelation. The features of Our Site, which You purchase with Your subscription plan, will be unlocked immediately after Your successful payment.
Cancelation and Refunds
You are free to cancel Your subscription plan at any time. Should You wish to do so, log into Your account and cancel the plan You selected on the plan overview. You may also simply select the Freemium Plan. After a cancellation, Your plan will simply expire with the end date of the subscription plan You chose. In order to renew the plan after cancellation or swop to a different plan, log into Your account and select the desired plan on the plan overview. We do not grant any refunds for any subscription models. The cancellation of Your plan will result in the cancellation of the automatic renewal of the plan. Until the factual end date of the plan, You will still have access to all features included in this plan. Deleting Your account with Us, will automatically result in a cancelation of the corresponding subscription plan. In case of account deletion, you will no longer have access to the features of the subscription plan.
We have outsourced certain parts of Our service to third-party providers, to ensure You receive the best possible service and solutions, specially in fields We are no experts in. Our third-party providers hold all necessary licenses to be allowed to offer such services and are all regulated by European Union authorities and the corresponding local and European Union law.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing Your account. We reserve the right, without notice and in Our sole discretion, to terminate Your right to use this Site, or any portion of this Site, and to block or prevent Your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold harmless Us and Our subsidiaries and affiliates, and Our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) Your access to and use or misuse of this Site; (b) any User Content You post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that You provide; (d) Your violation of these Terms; and (e) Your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. We DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON- INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or Our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be Your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL We OR Our RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL Our AND Our RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE Our OR Our RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that Our remedy at law for any actual or threatened breach of these Terms would be inadequate and that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.