“Acceptable Use Policy” means a set of guidelines regarding the use of Mews Services. Available at https://www.mews.com/en/terms-conditions/acceptable-use-policy; Acceptable Use Policy is incorporated by reference into the Master Terms and Conditions and shall form an integral part of the Master Terms and Conditions.
“Affiliate(s)” means with respect to an entity, the “Affiliate” is any other entity directly or indirectly controlling, controlled by, or under direct or indirect common control by the initial entity. An entity controls another entity if such entity, directly or indirectly, either owns (i) 20% or more of the shares having ordinary voting rights for the election of directors of such entity; or (ii) the power to direct or cause the direction of management or policies of the other entity, whether through the ownership of voting securities, by contract, or otherwise.
“Agreement” means the contract arrangement between Mews and Partner that establishes the terms under which Mews provides Services to the Partner. This includes, but is not limited to, the Merchant Agreement, agreements governing the provision of Mews Services, the facilitation of Payment Processing Services, or any other related Services used or engaged; by concluding the Agreement Mews and Partner agree to be bound by all Terms & Policies, and these Master Terms and Conditions. Partner may be bound by applicable Terms & Policies by various acceptable means offered by Mews, which may include signing an agreement, accepting them electronically or via clickwrap, continuing to use Mews Services after being notified of or given access to the applicable Terms & Policies, or otherwise accepting through conduct such as usage.
“Changes” means material changes as specified in the Master Terms and Conditions that Partner may object to in accordance with Clause 14.8.
“Confidential Information” means technical and non-technical information including patents, copyright, trade secrets, proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software, source documents, and information about current, future and proposed products and services, research, experimental work, development, design details and specifications, engineering, and any other information marked “confidential” or “proprietary” or which the recipient knows or has reason to know that the information shall be deemed confidential; for the avoidance of doubt, this term does not include any information that the receiving party may demonstrate by its written records: (i) was known to it prior to its disclosure by the disclosing party; (ii) is or has come into the public domain through no violation of confidentiality obligations; (ii) has been rightfully received from a third party authorised to make such disclosure; (iv) has been independently developed by the receiving party; (v) has been approved for release with the written authorisation of the disclosing party; or (vi) has been disclosed by court order or as otherwise required by law, provided that the party required to disclose the information provides prompt notice to enable the other party to seek a protective order or otherwise prevent such disclosure.
“Cooperation Agreement” means agreement concluded between Mews and Partner based on which Mews Services shall be provided by Mews to the Partner, including all schedules and other documents appended thereto by reference.
“Customer” means person requesting, being provided, or having been provided with Partner Services regardless of whether or not registered with Mews Platform.
“Customer Fees” Fees payable for Provided Partner Services by Customers (as determined by the respective Partner) and available on the Mews Platform, including any Merchant Fees payable to Mews.
“Documentation” means user manuals, guides, technical documentation, technical requirements, and FAQs designed for some or all Mews Services that may be made available to the Partner by Mews.
“End Date” means (a) for the Initial Subscription Term, the end date as identified in the Order Form; and (b) for a Renewal Subscription Term, the date that is twelve (12) months (365 days) from the Start Date of the Renewal Subscription Term, unless otherwise specified in the Agreement.
“Facility(-ies)” means hotel, hostel or any other facility operated by the Partner as specified in the Agreement.
“Fees” means Platform Recurring Fees, One-time Fees, Mews Payments Fees, Merchant Fees, and any other fees payable by the Partner for Mews Services or any other services specified in the Agreement.
"Force Majeure Event" means event beyond control of either Party, including, without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, a third party breach, failures, downtime, or delays by an internet service provider or Hosting Provider, or labour action, terrorism, denial of service attacks or other events beyond such Party’s reasonable control.
“Hosting Platform” means the Microsoft Azure hosting solution or other hosting platform as notified by Mews to the Partner from time to time.
“Hosting Provider” means Microsoft Corporation or other provider of hosting for Mews Services as notified by Mews to Partners from time to time.
“Initial Subscription Term” means the first Subscription Term for which the Partner subscribes to the Mews Services, as specified in the Order Form, beginning on the Start Date and continuing until the End Date identified in the Order Form.
“Legislation” means all generally binding legal regulations of the country of registration of Mews and of the European Union, provided that such regulation directly and/or indirectly applies to the Parties’ legal relationships or Mews Services.
“Listing” means Partner Services made available by the Partner to Guests via Mews Platform.
“Master Terms and Conditions” means the current version of the Master Terms and Conditions including all schedules and other documents appended thereto by reference, which are also available on the relevant Mews website and may be amended from time to time by Mews.
“MTC 4.0” (interchangeably referenced as “Master Terms and Conditions 4.0”) means the Master Terms and Conditions version 4.0 with effective date July 1, 2022 which is now referred to as MTC 4.0, a legacy terms and conditions applicable only to Partner(s) who purchased Mews Services prior to February 26, 2025, unless otherwise specified in their Agreement that MTC 4.0 applies.
“Member” means Member as defined in the Merchant Terms.
“Merchant Agreement” means Merchant Agreement as defined in the Merchant Terms.
“Merchant Fees” means Merchant Fees as defined in the Merchant Terms.
“Merchant Terms” means Merchant Terms available at https://www.mews.com/en/products/merchant/terms-conditions
“Mews” means Mews’ Affiliate, specified as the contracting party in the Agreement.
“Mews Account” means an account created for the Partner on the Mews Platform in order to access Mews Services.
“Mews Add-on” means product(s) operated directly by Mews and available via Mews Marketplace or via another means as offered by Mews.
“Mews Marketplace” means user interface at which Mews makes available Mews Add-on, Third-Party Marketplace Product or any other product(s) to the Partner.
“Mews Platform” means a software property management platform made available by Mews to the Partner based on the Agreement, as part of the Mews Services.
“Mews Services” (interchangeably referenced as “Services”) means services provided by Mews to the Partner through the Mews Platform including, inter alia, facilitation of the accommodation booking process or any other Partner Services to the Customer, Reselling, installation, training, facilitation of Payment Processing Services based on the Merchant Agreement and any other services provided or facilitated by Mews based on the Agreement.
“One-Time Fees” means charges that are one-off and not reoccurring in nature.
“Order Form” means a quote, or other written or online ordering document, issued by Mews, which has been agreed to by Partner by means of signature (including electronic signature), or, if applicable, online acceptance.
“Party” or “Parties” refers to both Mews and the Partner, individually, or Mews and the Partner jointly.
“Partner” means accommodation or other services provider or any other entity using the Mews Platform, based on the Agreement with Mews or use of Services provided by Mews.
“Payment Processing Services” means Payment Processing Services as defined in the Merchant Terms.
“Platform Recurring Fees” means any fees agreed upon for the use of the Mews Platform, as specified in the Agreement.
“Provided Partner Service” means Partner Service ordered by Customer, as evidenced in the Mews Platform, which has not been cancelled prior to consumption, notwithstanding such service was duly provided. Alternatively, Partner Service ordered and cancelled any time before consumption if the total number of previously cancelled orders has already exceeded 5% of all Provided Partner Service orders within the same month.
“Renewal Subscription Term” means any subsequent Subscription Term that follows the End Date of a preceding Subscription Term, with the Start Date of the renewal commencing on the date immediately following the End Date of the prior Subscription Term and the duration running for a subsequent twelve (12) month period.
“Reselling” or “Reseller” means services provided by Mews to the Partner using the Mews Platform, where the agreement on the provision of services is concluded between the Customer and Mews but Partner Service is honoured by Partner for the benefit of Customers.
“Partner Service(s)” means accommodation or other service that is published, offered, or provided by the Partner to Customers via the use of Mews Services, or in any other way with the assistance of Mews.
“Payment Services Provider” means payment Services Provider as defined in the Merchant Terms.
“Start Date” means (a) for the Initial Subscription Term, the date on which the Initial Subscription Term begins, as identified in the Order Form or the date on which login credentials for the Mews Platform are issued, whichever occurs first; and (b) for a Renewal Subscription Term, the date immediately following the End Date of the previous Subscription Term.
“Sub-Merchant Account” means Sub-Merchant Account as defined in the Merchant Terms.
“Subscription Term” means the period during which the Partner is entitled to access and use the Mews Platform, the duration of which is determined by the Start Date and End Date. The Subscription Term renews automatically for the same duration of time unless terminated in accordance with the Agreement.
“Contract Term" or “Term” means the term of the Agreement, as specified in clause 14.1. of the Master Terms and Conditions.
“Terms of Hosting” means the Service Agreement & Terms (available at https://azure.microsoft.com/en-us/support/legal) or other terms of the Hosting Provider (Microsoft Azure).
“Terms & Policies” means the agreements, terms, policies, guidelines, and other legal documents governing the use of Mews Services, as published and updated from time to time on the Mews Legal Hub [https://www.mews.com/en/legal]. The specific Terms & Policies incorporated into the Agreement and applicable to Partner shall be determined based on the Mews Services that Partner has subscribed to or uses, and the Partner’s applicable region where the distinction is relevant. For the avoidance of doubt, only those Terms & Policies that apply to Partner based on the contracted Mews Services or Services used, and those relevant to Partner’s region where any distinction exists, shall be legally binding.
“Territory” means the territory defined in the Agreement.
“Third-Party Marketplace Product” means software or services where the provider is the third party and are available via Mews Marketplace or via another means as offered by Mews; for the avoidance of doubt, Third Party Marketplace Product may be resold by Mews via Mews Marketplace or may be enabled or paid for through a third-party provider's website.