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Terms of use of the Firstoff service for managers

Last updated 01.01.2022

This Agreement consists of 3 sections, each of which can be accessed directly by clicking on the relevant link. The section headings below are for reference only and do not limit the scope of each section. There are also terms throughout this Agreement that are hyperlinks to related information.

Go directly to one of the sections:

1. Terms of use and acceptance of the Firstoff Card
2. Obligations of the Premises
3. Place of jurisdiction and applicable law

These conditions ("Premises Terms of Use") regulate the terms of acceptance by third parties (the "Premises") for the services offered by Firstoff SNC (to be known as "Firstoff") on www.firstoff.ch ("Website") and also the terms of acceptance of the virtual Firstoff Card issued by Firstoff SNC ("Firstoff") in particular through the Firstoff application for Smartphones ("Firstoff App").

The Premises Terms of Use shall in no way be construed as a waiver and/or limitation of the general terms and conditions of use ("Terms of Use"). For all matters not covered by these Premises Terms of Use, the Terms of Use shall apply.

Firstoff reserves the right to change the Premises Terms of Use from time to time in its sole discretion. It is the responsibility of the Premises to review the Premises Terms of Use from time to time.

     

  1. TERMS OF USE AND ACCEPTANCE OF THE FIRSTOFF CARD

    1. The Firstoff Offers relate solely to the holder named on the virtual Firstoff Card and shall not be granted to any third party unless the Premises' offer formula so provides.

    2. In order to guarantee the Firtoff Offer, the Firstoff Card holder shall access the to the Firstoff App from his Smartphone and show the virtual card to the manager, waiter, barman,... who will confirm the validity of the Firstoff Card by scanning the QR code on the card.

    3. Firstoff Card is valid only if all information concerning the card holder is correct, especially but not exclusively, name, surname, recognizable personal photo of the face (sunglasses, hats or other are not allowed).

    4. If the offer includes the possibility of multiple use within 24 hours, the Premise will only guarantee one at a time to the holder indicated on the Firstoff Card.

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  2. OBLIGATIONS OF THE PREMISES

    1. By submitting information content and/or other contributions in any form to the Firstoff Website and/or the Firstoff App, in particular but not exclusively in connection with an event respectively offers to the public, e.g. but not exclusively, themes, dates, prices ("Offers"), the Premises undertake to ensure the correctness and maintenance of the Offers. Firstoff shall in any case be liable for any reason whatsoever, in particular but not exclusively, for the absence or changes of any kind of the premises informations, offers or events on the Firstoff Website and/or the Firstoff App, any and all reimbursement is excluded.

    2. The Premises acknowledge and confirm that a change of the Offers shall be submitted by email ([email protected]) to Firstoff.

    3. The Premises acknowledge and confirm that a change of the owner of the Premises and/or the closure of the Premise shall be notified immediately by e-mail ([email protected]) to Firstoff. In this case, it shall also be possible to terminate the Firstoff account and the Premises connected thereto.

    4. The Premises confirm that they comply with all applicable laws and regulations, in particular but not limited to the Federal Spirits Act (LAlc) and in particular Art. 42b LAlc, which prohibits price comparisons, the promise of add-ons or other advantages with respect to spirits, taking into account, however, that the prices offered must cover the costs, as well as the Health Promotion and Health Coordination Act and the Law on Hotels and Restaurants and in particular Art. 24, which obliges the manager to provide customers with at least three non-alcoholic drinks at a lower price for the same quantity than the cheapest alcoholic drink.

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  3. PLACE OF JURISDICTION AND APPLICABLE LAW

    1. Any disputes arising out of or in connection with these Premises Terms of Use and all related aspects and/or matters shall be subject to Swiss law, excluding conflict of laws rules, and shall be settled by the competent court of Lugano.