Terms and Conditions

Updated: 16.2.2021

Thanks for choosing Rexby ehf. (“Rexby”, “RX”, “we”, “us”, “our”).

By using any part of the Services and/or by creating an account with Rexby, you agree to be legally bound by these terms of use and the privacy policy. Please read these terms carefully. If you do not agree with these terms please do not use our services

We reserve the rights to update our Terms or Policies at any given time and notify Users of changes by changing the “Updated” date at the top of the Terms. For information on how we collect and use information about Users and visitors, see our Privacy Policy.

If there are any questions or suggestions about our Terms please send us an email at hello@rexby.com

1. ELIGIBILITY AND ACCOUNT CREATION

Our Services are restricted for people under 18 years old and by creating an account you confirm you are at least 18 years old. There are two types of accounts on the Platform, Travelers (the end users) and Influencers (the content creators), collectively Users. Travelers can explore and purchase access to recommended things to do and travel itineraries from Influencers and be directed to a booking site for various things to do from a third-party provider. To become an influencer, you must apply via hello@rexby.com. Acceptance from us to become an Influencer does in no way obligate us to make your User Content available through our Services. If you create an account on behalf of business, you confirm that you have the authority to bind such entity to these Terms. Some functions of our services are restricted until you create an account. When you create an account, you agree to provide truthful and up-to-date information and be responsible for activities happening under your account and accept the risk of any access to your account. Rexby reserves the right to refuse (without justification and without recourse or compensation) the registration of any account for any reason, at any time, in its sole and absolute discretion.

2. INTERACTIONS WITH OTHER USERS

When interacting with the end Users on our platform you alone are accountable and have full responsibility. Rexby has no accountability, responsibility or liability with respect to any interactions between Users. Since our Services are only a platform, in the event that disputes arrive with one or more Users, to the fullest extent permitted by applicable law you release us from demands, claims and damages of any kind arising out of or in any way connected to that event. We reserve the right to monitor interactions between you and other Users of our Services. Users alone are responsible for any information communicated via the Messaging Service. Any information communicated between Users shall in no way bind Rexby, nor does Rexby in any way guarantee the information’s accuracy or completeness.

3. USER CONDUCT AND CONTENT

You are responsible for all content, data, messages (“User Content) you post or store on the platform and do so at your own risk. You agree that you own or have rights to post all of the User Content to our Services and that you will not upload or post on the website content that we believe, in our sole discretion:

Rexby may, in our sole discretion, remove or delete any User Content without notice.

User Conduct. By using or accessing the Services, you agree to be responsible, use good judgment and comply with the Community Guidelines. Additionally, you agree to not use the service in a way that could:

If you post User Content to our Services, you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, modify and display such User Content in any form to provide the Rexby Services.

4. Fees and payments for Travelers

In order for Travelers to access or use certain features of the Services, such as accessing full information about things to do and itineraries from Influencers, Rexby may require a payment of a fee. Those payments are a one-time payment per Influencer. We may ask you to supply additional information regarding your Transaction such as credit card information to a third-party payment solution to be able to compete the Transaction. When buying a profile of an Influencer, your purchase is final and you will not be able to cancel the purchase and/or receive refund of your one-time payment. Influencers may from time to time recommend booking accommodation, tour, car rental, attendance ticket (collectively “Things To Do”) through a Third Party Solution. Use of any such Third Party Solution is solely between you and that provider where you agree to be bound by their terms. Rexby is not responsible for any services that are available on those resource links.

5. Fees and payments for Influencers

Influencers require a payment from Travelers when buying access to their profiles. Rexby has the authority in their sole discretion to set a floor of the price of the profile of the Influencer. Rexby will receive a portion of the fee paid for the profile as further described in the Revenue Share Agreement. Influencers may offer Travelers to book Things To Do through a third party solution set up by Rexby where the third party in some cases offers to pay affiliate payments for providing customers. Rexby will receive a portion of the affiliate payment as further described in the Revenue Share Agreement. We may change the Revenue Share Agreement at any time in our sole discretion. Rexby may sometimes offer the opportunity to utilize one or more Services for free for a limited period of time. Rexby may automatically take a portion of the fee paid for your profile and of your affiliate payment in our sole discretion.

6. SUGGESTIONS

We would love to hear your suggestions, feedback and questions about Rexby and our Services (“Suggestions”). By giving a suggestion you agree that it is non-confidential and becomes the sole property of Rexby without obligation to provide any acknowledgment or compensation for any Suggestions.

7. PLATFORM CONTENT

Except for any UserContent, all of the content on the Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content”) – is owned by Rexby or others from whom we license the Platform Content, and is protected under the international- and other countries’ copyright laws.

All trademarks, logos, service marks and trade names are owned, registered, and/or licensed by Rexby.

You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any content appearing on the Platform, including Platform and User Content, without our prior written consent, unless it is your own User Content that you legally post on the Platform.

8. COPYRIGHT POLICY

We respect the intellectual property rights of others and require that you do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Rexby, designated as such pursuant to the EU copyright law or the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Email: hello@rexby.com

9. HYPERLINKS

We provide you with limited rights to create a hyperlink to the services, given such link does not portray Rexby in a misleading way and given further that linking site does not contain any illegal or offensive material.

10. THIRD-PARTY CONTENT

You may be exposed to content from other Users or third parties while using our services. We have no responsibility for Third-Party content. You must evaluate, and bear all risks associated with it.

11. TERMINATION

In breach of these terms, policies or community standards we reserve the right at any given time to:, (a) terminate your account, (b) deactivate or delete your account and all related information and files in such account. In any of these instances, you are not permitted to register for another account without our prior written permission. In rare circumstances, when we feel it is necessary to protect the safety or the of the Rexby community, we will remove a User’s account from our Services.

12. DISCONTINUANCE OF SERVICES

We may in our sole discretion modify or discontinue any portion of our Services.

13. USER’S REPRESENTATIONS AND WARRANTIES

By using the Services you represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

By using the Services you represent and warrant that you will use our Services in a manner consistent with any and all applicable local, national and international laws and regulations.

By using the Services you represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms. By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.

14. DISCLAIMER OF WARRANTIES

If you decide to use our Services, we will provide it to you "as-is" without any liabilities and warranties including but not limited to the guarantee of completeness, flawlessness, availability, or suitability. Under no circumstance shall we be liable for any loss or damages in relation or connected with the Services regardless of the form of action by which such losses or damages may be claimed. If you access or transmit any content using our services, you do so at your own risk.

15. LIMITS ON LIABILITY

Subject to applicable law, in no scenario shall Rexby, or any Users, employees or related parties be liable for any damages, including, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or incapacity to use our services; (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages; (e) statements, conduct or omissions of any service providers or other third party on our services; (f) your or anyone else’s conduct or acts in connection with the use of the services; or (g) any other matter arising from, relating to or connected with our services or these terms. We shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to causes beyond our reasonable control. In no event will our aggregate liability to you or any third party in any matter arising from or relating to our services or these terms exceed the sum of ten thousand Icelandic krona (10,000 ISK) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the limitations of sections 14 and 15 may not apply to you. Notwithstanding anything to the contrary in these terms, nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud.

16. INDEMNIFICATION

You agree to indemnify and hold Rexby harmless (and any Users, employee or related parties) from any injury, damage or cost arising out of or relating to (a) your use of our Services; (b) any User Content or Suggestions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you act on behalf of an entity while using the Services, you represent and warrant that the entity agrees to indemnify you and Rexby for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we reserve the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

17. REPORTING MISCONDUCT

If you interact with a User through our Services who you feel is acting or has acted inappropriately we encourage you to report such User to the appropriate authorities and to us by contacting us through email: hello@rexby.com Please note that even if we encourage you to report misconduct, we are not responsible or liable for our User’s actions, and we are not obligated to take any action.

18. GOVERNING LAW.

This agreement shall be exclusively governed by and construed in accordance with Icelandic law. Any disputes arising out or in connection with this agreement shall exclusively be submitted to and dealt with by the district court of Reykjavík.