Terms and Conditions – Partners

These Terms and Conditions (the "Terms") govern the participation in and the relationships between Event8 Sagl, having its registered office at Via del Bosco 1a, 6500 Bellinzona, Switzerland, registered with the Commercial Register of the Canton of Ticino (business identification number UID: CHE-104.857.520), trading under the brand "Funpromotion" and the domain name funpromotion.app (hereinafter, interchangeably, "Funpromotion" or the "Company"), and the venues, bars, restaurants and organisers of events and campaigns (the "Partners") that intend to publish their own Content, Offers, Events and Campaigns on the Funpromotion App platform (the "Platform").

Go directly to one of the sections:

1. Definitions and reference
2. Joining the platform
3. Management of the venue profile
4. Publication of events, offers and campaigns
5. Responsibility for published content
6. Membership fees
7. Participation in campaigns
8. Additional services (add-ons)
9. Term, renewal and withdrawal
10. Suspension and termination
11. Intellectual property
12. Limitation of liability
13. Privacy
14. Swiss law and place of jurisdiction

Joining the Platform, signing the membership form, or accessing the area reserved for Partners, entail the full acceptance of these Terms by the Partner, which declares that it has the necessary powers to assume the related commitments in the name and on behalf of the Venue represented.

These Terms accompany and supplement, without replacing them, the Terms and Conditions – Users which govern the relationship between Funpromotion and the end users of the Platform (the "Users"): in so far as not expressly derogated from by this document, in particular as regards the general definitions relating to the Platform and its operating mechanisms, the corresponding provisions of the Terms and Conditions – Users are deemed to be incorporated, and the Partner declares that it is aware of them.

 

1. Definitions and reference

   For the purposes of these Terms, in addition to the definitions contained in the Terms and Conditions – Users, incorporated herein in so far as compatible, the following terms mean:

   1. "Funpromotion" or the "Company": Event8 Sagl, having its registered office at Via del Bosco 1a, 6500 Bellinzona (Switzerland), UID CHE-104.857.520, owner of the brand and of the project "Funpromotion".

   2. "Funpromotion App" or the "Platform": the mobile application and/or the website through which Funpromotion connects Users and Partners in accordance with the arrangements described in this document and in the Terms and Conditions – Users.

   3. "Partner" or "Venue": the business (bar, restaurant, public venue) or the organiser of events and campaigns that, having joined in accordance with art. 2, publishes its own Content on the Platform.

   4. "Reserved Area" or "Partner Panel": the management interface made available to the Partner in order to administer its own profile, its own Offers, its own Events and its own Campaigns.

   5. "Offer": the commercial proposal that the Partner publishes on the Platform in relation to goods or services offered at its Venue.

   6. "Event" and "Campaign": respectively the individual happening and the coordinated set of several happenings conceived, organised and managed in full autonomy by the Partner and advertised through the Platform.

   7. "Membership Fee": the consideration owed by the Partner to Funpromotion for the access to and the continued use of the Platform, as provided for in art. 6.

   8. "Participation Fee": the consideration owed by the Partner to Funpromotion for official participation in a specific Campaign, as provided for in art. 7.

   9. "Add-on Services": the optional paid services, additional to those included in the Membership Fee, described in art. 8.

 

2. Joining the platform

   1. Joining the Platform is reserved for venues, bars, restaurants and organisers of events or campaigns that lawfully carry out their own activity in the territory in which they operate, holding the licences, authorisations and requirements required by the legislation applicable to their own activity.

   2. In order to join, the Partner completes the registration procedure made available by Funpromotion, providing truthful, complete and up-to-date data relating to the Venue and to its own legal representative, and signs these Terms.

   3. Funpromotion reserves the right to accept or refuse, at its own reasonable discretion, the membership request of a Venue, in particular where the information provided is incomplete, untruthful, or where the Venue carries out an activity incompatible with the image and the values of the Platform.

   4. The Partner acknowledges that joining the Platform in no way constitutes a relationship of agency, mandate, joint venture, franchising or representation between Funpromotion and the Partner, and that the latter operates in full autonomy and at its own risk in the management of its own Venue.

   5. A change of owner of the Venue and/or the cessation of the activity must be notified immediately to Funpromotion at the address [email protected]; in such a case Funpromotion proceeds to deactivate the profile of the Venue on the Platform.

 

3. Management of the venue profile

   1. The Partner accesses, through the Reserved Area, the autonomous management of its own profile on the Platform, being able in particular to enter and update at any time: the name of the Venue, the address and the contact details, the opening hours, the description of the activity and the photographs of the Venue, of the products and of the services offered.

   2. The Partner warrants that all the information and photographs uploaded onto the Platform are truthful, up to date, owned by it or in any case used in compliance with the rights of third parties, and undertakes to promptly remove or correct any information that becomes inaccurate or no longer current.

   3. Funpromotion reserves the right to review, amend the format of or remove, at its own discretion, profile Content that is manifestly inaccurate, misleading, of poor technical quality or contrary to these Terms, giving notice thereof to the Partner where possible.

   4. The Partner is solely responsible for the correctness and the truthfulness of the information published on its own profile, including that relating to opening hours, prices and availability, and undertakes to keep it constantly aligned with the actual situation of the Venue.

 

4. Publication of events, offers and campaigns

   1. The Partner may publish autonomously, through the Reserved Area, Offers, Events and – where applicable – Campaigns relating to its own Venue, indicating their content, conditions, prices, temporal validity and any limitations.

   2. The Partner warrants the correctness, the truthfulness and the upholding over time of what is published, undertaking to honour, at its own Venue, the Offers published and duly presented by the Users by means of a Coupon, save for the conditions and limitations expressly indicated at the time of publication of the Offer itself.

   3. Any amendment, suspension or cancellation of an Offer, of an Event or of a Campaign already published must be carried out by the Partner promptly through the Reserved Area or, where not available, notified to Funpromotion at the address [email protected].

   4. The Partner acknowledges that Funpromotion does not organise, manage, sponsor or guarantee the Events and the Campaigns published: the organisation, the management and the responsibility towards Users and towards third parties remain entirely and exclusively with the Partner, including compliance with all applicable legislation on safety, licences, permits and insurance.

   5. The Partner undertakes to ensure, in connection with offers relating to alcoholic beverages, full compliance with the applicable federal and cantonal legislation, including the provisions of the Federal Act on Distilled Spirits (AlcA), with particular reference to the prohibition of price comparisons and of other prohibited inducements, and the availability of non-alcoholic beverages on terms compliant with the applicable legislation on public establishments.

 

5. Responsibility for published content

   1. The Partner is the sole and exclusive party responsible for all the Content, the Offers, the Events and the Campaigns that it publishes on the Platform, as well as for the consequences of their publication, including any infringement of third-party rights, sector-specific legislation or tax and commercial obligations.

   2. The Partner warrants that the Content published does not infringe intellectual property rights, image rights or other rights of third parties, and is not misleading, defamatory, discriminatory or otherwise contrary to the law or to public policy.

   3. Funpromotion exercises no systematic prior control over the Content published by the Partners and does not therefore guarantee its accuracy, completeness or lawfulness, without prejudice to the right to remove it in accordance with art. 3.3 and art. 10.

   4. The Partner undertakes to indemnify and hold Funpromotion harmless from any claim, damage, cost or expense (including legal costs) that Funpromotion may suffer as a consequence of Content published by the Partner or of conduct of the Partner itself in breach of these Terms or of the applicable law.

 

6. Membership fees

   1. The Partner's membership of the Platform is subject to the payment of a periodic Membership Fee, the amount, periodicity and invoicing arrangements of which are communicated to the Partner at the time of joining and may be updated by Funpromotion with reasonable notice upon renewals.

   2. The Membership Fee gives the Partner access to the Reserved Area and to the basic features of the Platform described in artt. 3 and 4, excluding the Add-on Services referred to in art. 8 and the Participation Fee for Campaigns referred to in art. 7.

   3. In the event of failure to pay the Membership Fee by the agreed due dates, Funpromotion reserves the right to suspend the Partner's access to the Reserved Area and the visibility of the related profile on the Platform, until regularisation, without prejudice to the right to terminate the relationship in accordance with art. 10.

   4. Unless otherwise agreed in writing, Membership Fees already paid are not refundable in the event of early withdrawal by the Partner, without prejudice to mandatory statutory rights.

 

7. Participation in campaigns

   1. The official participation of a Partner in a Campaign organised or promoted through the Platform is subject to the payment of a dedicated Participation Fee, separate from and additional to the Membership Fee, the amount and conditions of which are communicated to the Partner in connection with each Campaign.

   2. Payment of the Participation Fee allows the Partner to appear among the Venues officially taking part in the Campaign and to benefit from the related promotional visibility on the Platform, in accordance with the arrangements described from time to time for the individual Campaign.

   3. It remains understood that the organisation of the Campaign, when handled by a party other than Funpromotion, is the exclusive responsibility of that organising party; where the Campaign is promoted directly by Funpromotion as a promotional initiative of the Platform, the limitations of liability referred to in art. 12 remain in any case applicable, Funpromotion not assuming the role of event organiser within the meaning of art. 2 of the Terms and Conditions – Users.

   4. Failure to pay the Participation Fee within the indicated deadlines entails the exclusion of the Partner from the Campaign, without any right to any additional visibility connected therewith.

 

8. Additional services (add-ons)

   1. Funpromotion may offer Partners, on an optional and paid basis, Add-on Services additional to what is included in the Membership Fee, including, by way of example and not exhaustively: personalised and targeted marketing activities, sending of newsletters dedicated to the profiled customer base of the Platform, visibility or privileged positioning features, and any further services that Funpromotion may introduce over time.

   2. The Add-on Services are described, with the related consideration and specific conditions, in a price list or in particular conditions communicated to the Partner at the time of subscription to the individual Add-on Service, which supplement and do not replace these Terms.

   3. The activation of the Add-on Services is always optional and in no way conditions access to the basic features of the Platform included in the Membership Fee.

   4. Funpromotion reserves the right to amend, suspend or discontinue the offering of one or more Add-on Services, giving reasonable notice thereof to the Partners that benefit from them.

 

9. Term, renewal and withdrawal

   1. The relationship between Funpromotion and the Partner has the term indicated at the time of joining and is renewed automatically for periods of equal duration, unless notice of termination is given by one of the parties with at least thirty (30) days' prior notice before the expiry date, by written communication to the address [email protected] or, for Funpromotion, to the address communicated by the Partner upon joining.

   2. The Partner may withdraw at any time from the relationship with Funpromotion, with effect from the first available expiry date, without prejudice to the payment of the Membership or Participation Fees already accrued and not yet paid.

   3. In the event of termination of the relationship, for whatever reason, Funpromotion proceeds to deactivate the profile of the Venue and to remove the related Content from the Platform within a reasonable period, without prejudice to the right to retain the data for the time necessary to comply with legal, accounting or tax obligations.

 

10. Suspension and termination

    1. Funpromotion reserves the right to suspend with immediate effect, and without notice, the Partner's access to the Reserved Area and the visibility of the related profile on the Platform where the Partner: breaches these Terms or the legislation applicable to its own activity; publishes Content, Offers, Events or Campaigns that are misleading, unlawful or harmful to third-party rights; is in default in the payment of the Membership Fee or of the Participation Fee; or engages in conduct prejudicial to Funpromotion, to the Users or to the image of the Platform.

    2. In the cases referred to in the preceding paragraph, Funpromotion also reserves the right to terminate with immediate effect the contractual relationship with the Partner, by written communication, without prejudice to the right to compensation for any damage suffered.

    3. The suspension or the termination of the relationship does not affect Funpromotion's right to receive the payment of the Membership and Participation Fees accrued up to the date of termination of the relationship.

 

11. Intellectual property

    1. All intellectual property rights relating to the Platform, to its software, to the brand "Funpromotion", to the domain name funpromotion.app, to the logo and to the graphic interface are the exclusive property of Event8 Sagl or of the respective licensors.

    2. By publishing Content on the Platform, the Partner grants Funpromotion a non-exclusive, royalty-free, worldwide licence for the duration of the relationship, to use, reproduce and display such Content exclusively for the purposes of the management and the promotion of the Platform, without prejudice to the ownership of the Content remaining with the Partner.

    3. The Partner warrants that it is the owner of, or that it has obtained the necessary licences in relation to, all the trade marks, logos, photographs and other content uploaded onto the Platform, and is directly answerable for any infringement of third-party rights arising from their publication.

    4. The Partner is prohibited from using the brand "Funpromotion", the logo or other distinctive signs of the Company outside the purposes and the arrangements expressly authorised by Funpromotion.

 

12. Limitation of liability

    1. Funpromotion makes the Platform available as a technological and promotional tool, without assuming the role of seller, event organiser, payment intermediary or guarantor of the Offers, of the Events or of the Campaigns published by the Partner.

    2. To the maximum extent permitted by applicable Swiss law, Funpromotion is not liable for direct or indirect damage, lost profits, loss of customers or other prejudice suffered by the Partner in relation to the use of the Platform, to service interruptions, to technical malfunctions or to the conduct of the Users.

    3. Funpromotion's liability for wilful misconduct or gross negligence remains unaffected, as does its liability for damage to life, physical integrity or health, to the extent that such a limitation is not excluded or limited by applicable Swiss law.

    4. The Partner acknowledges that it is solely responsible for the management of its own Venue, for compliance with the legislation applicable to its own activity and for the relationships with the Users and with its own customers, releasing Funpromotion from any liability in that regard.

 

13. Privacy

    1. Funpromotion processes the personal data of the Partner and of its contact persons in compliance with its own Privacy Policy, available on the Platform, and with the applicable Swiss data protection legislation.

    2. The Partner undertakes, in turn, to process any personal data of Users that it may come into possession of in connection with the use of the Platform (by way of example, on the occasion of the presentation of a Coupon) in compliance with the applicable data protection legislation, using it exclusively for the purposes strictly necessary to the provision of the Offer or to the participation in the Event or in the Campaign.

 

14. Swiss law and place of jurisdiction

    1. These Terms are governed exclusively by Swiss substantive law, to the exclusion of the rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods.

    2. For any dispute arising out of or in connection with these Terms, their content, their validity or their performance, the ordinary courts of Bellinzona shall have exclusive jurisdiction.

Event8 Sagl – Funpromotion App
Via del Bosco 1a, 6500 Bellinzona, Switzerland
UID: CHE-104.857.520 – Commercial Register of the Canton of Ticino
[email protected]