Terms and Conditions – Users

These Terms and Conditions (the "Terms") govern the access to and use, by end users ("Users"), of the mobile application and web platform Funpromotion App (the "Platform" or "Funpromotion App"), operated by 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").

Go directly to one of the sections:

1. Definitions
2. Subject matter of the service
3. Registration and requirements
4. Account and security
5. Features of the Funpromotion App
6. Geolocation
7. Likes, favourites and event sharing
8. Offers, coupons and notifications
9. Newsletter and communications
10. User conduct
11. Intellectual property
12. Availability of the service
13. Limitation of liability
14. Account deletion
15. Privacy
16. Amendments to the terms
17. Swiss law and place of jurisdiction

By downloading the application, creating an Account or simply using the Platform, the User declares that it has read, understood and fully accepted these Terms, as well as the Privacy Policy referred to in art. 15. Should the User not agree, even only in part, with these Terms, it must refrain from using the Platform.

These Terms apply exclusively to the relationship between Funpromotion and the Users. The relationships between Funpromotion and the venues, restaurants, bars and businesses that publish events, campaigns and offers on the Platform (the "Partners") are governed by a separate document (Terms and Conditions – Partners), which the User may consult for the sake of transparency but which does not create any right or obligation for the User.

 

1. Definitions

   For the purposes of these Terms, the following terms, wherever used with a capital letter, have the meaning set out below:

   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, under whatever name, version or domain they are made available from time to time, through which Funpromotion provides Users and Partners with the services described in these Terms.

   3. "User": the natural person who creates an Account and uses the Platform in accordance with the arrangements set out in these Terms.

   4. "Partner" or "Venue": the business, bar, restaurant, organiser of events or campaigns that joins the Platform as a promoter of content, on the basis of a separate agreement with Funpromotion (Terms and Conditions – Partners).

   5. "Account": the personal profile, protected by credentials, that the User creates on the Platform in order to access the Services.

   6. "Content": any information, text, image, description, opening hours, price or other data published on the Platform by Funpromotion or by the Partners.

   7. "Offer": the commercial proposal (discount, promotion, benefit) that a Partner publishes on the Platform in relation to goods or services offered at its Venue.

   8. "Coupon": the digital voucher generated by the Platform which evidences the User's right to benefit from a specific Offer at the Venue that published it, in accordance with the presentation and verification arrangements indicated on the Platform from time to time.

   9. "Event" and "Campaign": respectively the individual happening and the coordinated set of several happenings (by way of example: festivals, kermesses, food or cultural campaigns), conceived, organised and managed in full autonomy by the Partners and advertised through the Platform.

   10. "Services": the set of features made available by Funpromotion to Users through the Platform, described in art. 5.

   11. "Terms": these Terms and Conditions – Users, including all their annexes and subsequent amendments.

 

2. Subject matter of the service

   1. Funpromotion App is a digital platform that allows Users to discover venues, events and campaigns, receive the Offers published by the Partners and interact with them through the features described in this document.

   2. Funpromotion performs a role of technological and promotional intermediation between Users and Partners: it makes the Platform available as a digital space through which Partners communicate their own Content, Offers, Events and Campaigns. Funpromotion promotes such Content exclusively through the Platform and carries out no further activity of intermediation, organisation or sale.

   3. Funpromotion does not organise, manage, sponsor, control or guarantee, directly or indirectly, any Event, Campaign or Offer published on the Platform. Responsibility for the organisation, the running, the truthfulness and the upholding of Events, Campaigns and Offers lies entirely and solely with the Partner that publishes them, as set out in the Terms and Conditions – Partners.

   4. Funpromotion is in no way a party to any legal, commercial or contractual relationship that may arise between the User and a Partner in connection with the use of an Offer, the participation in an Event or a Campaign, or in relation to any purchase, consumption or service rendered by the Partner at its Venue.

   5. Access to and use of the Platform by Users are entirely free of charge. Funpromotion neither requests nor receives from Users any consideration for the use of the Services described in these Terms, without prejudice to the provisions of art. 16 in the event of the future introduction of optional paid services.

 

3. Registration and requirements

   1. Access to the features of the Platform requires prior registration and the creation of an Account. The use of the Services anonymously or without registration is not permitted.

   2. Only natural persons who have reached the age of thirteen (13) may register and use the Platform. By registering, the User declares and warrants that it is at least 13 years old; Funpromotion reserves the right to request confirmation of that requirement at any time and to suspend or close Accounts in respect of which there is reasonable doubt as to its truthfulness.

   3. Upon registration, the User undertakes to provide data that is truthful, up to date, complete and relating to itself, refraining from creating Accounts in the name of third parties or using identities that are not its own.

   4. The User undertakes to keep the information provided upon registration up to date, promptly notifying any relevant changes (by way of example, e-mail address or telephone number).

   5. Funpromotion reserves the right to refuse a registration, or not to activate an Account, where the information provided is incomplete, untruthful or otherwise in conflict with these Terms.

 

4. Account and security

   1. Following registration, the User accesses the Platform by means of its own credentials (user name and password, or the different authentication methods made available from time to time, including access through third-party providers).

   2. The User is solely responsible for the confidentiality and proper safekeeping of its access credentials, as well as for all activity carried out through its Account, save in the case of proven fraudulent use by third parties not attributable to the User.

   3. The User undertakes to notify Funpromotion immediately, at the address [email protected], of any unauthorised use of its Account or any other security breach of which it becomes aware.

   4. Funpromotion reserves the right to suspend, temporarily or permanently, an Account where there is reasonable ground to believe that it has been compromised, used in breach of these Terms, or employed for unlawful purposes.

   5. The Account is personal and non-transferable. It is prohibited to allow third parties to use one's own Account, save as may be provided for by specific features of the Platform.

 

5. Features of the Funpromotion App

   Without prejudice to the provisions of the following articles, the Platform allows the registered User to:

   1. consult and freely browse the Venues, Events and Campaigns published by the Partners, with the related information, opening hours, descriptions and photographs uploaded by those same Partners;

   2. save among its favourites Venues, Events or Campaigns of interest, in order to find them easily at a later time;

   3. express an appreciation ("like") in relation to Venues, Events, Campaigns or Offers published on the Platform;

   4. share Events and Campaigns outside the Platform, with family members, friends or acquaintances, by means of third-party messaging applications or social networks (by way of example, WhatsApp), through the sharing functions integrated into the Platform;

   5. receive and view the Offers and Coupons published by the Partners, as provided for in art. 8;

   6. receive push notifications and communications relating to Offers, Events, Campaigns and news of the Platform, as provided for in artt. 8 and 9;

   7. use the geolocation features described in art. 6, where activated by the User.

 

6. Geolocation

   1. The Platform may request access to the geographical position of the User's device in order to display Venues, Events, Campaigns and Offers that are relevant on the basis of geographical proximity, as well as for internal statistical purposes relating to the use of the service.

   2. The activation of geolocation is subject to the User's consent, given through the settings of its own device or of the Platform, and may be withdrawn at any time without this affecting access to the remaining features of the Platform, save for the impossibility of using the location-based functions only.

   3. Geolocation data is processed in accordance with the provisions of the Privacy Policy referred to in art. 15.

 

7. Likes, favourites and event sharing

   1. The User may express appreciations ("likes") and save Venues, Events and Campaigns among its own favourites exclusively for personal use, as a tool for organising and personalising its own experience on the Platform.

   2. The Platform does not allow Users to publish reviews, comments, photographs or other textual or multimedia content generated by the User itself and visible to third parties. Every feature of the Platform relating to Content therefore remains limited to what is published by the Partners and by Funpromotion.

   3. The sharing function allows the User to forward, through third-party applications, a link relating to an Event or a Campaign. Funpromotion is not responsible for the use that the User makes of that function nor for the content of the communications exchanged outside the Platform.

   4. Funpromotion reserves the right to remove likes or favourites recorded in breach of these Terms or through an automated, fraudulent or otherwise anomalous use of the Platform.

 

8. Offers, coupons and notifications

   1. The Offers published on the Platform are prepared, defined and kept up to date exclusively by the Partners that publish them, which guarantee their correctness, their temporal validity and their compliance with the applicable legislation.

   2. Funpromotion does not guarantee the availability, the validity, the accuracy or the upholding over time of the Offers published by the Partners and is in no way responsible for their possible absence, amendment, suspension or cancellation, nor for the failure to honour an Offer or a Coupon by the Partner at the Venue.

   3. The Coupon generated by the Platform in relation to an Offer constitutes a digital document to be presented at the Venue in accordance with the arrangements indicated on the Platform from time to time (by way of example, by displaying the Coupon, an identification code or a QR code): its validity and actual use at the Venue remain conditional upon verification and acceptance by the Partner.

   4. Unless otherwise indicated and published together with the Offer, each Coupon is personal, non- transferable, non-cumulable with other promotions and usable for the number of times and within the period indicated by the Partner at the time of publication of the Offer.

   5. The User may also receive Offers and Coupons through push notifications and/or communications by newsletter, as provided for in art. 9. The User may at any time deactivate push notifications through the settings of its own device or of the Platform.

   6. Funpromotion is in no case responsible for disputes arising between User and Partner in relation to an Offer or a Coupon, nor for any damage, inconvenience or lost economic savings resulting from the failure to honour, the withdrawal or the amendment of an Offer by the Partner.

 

9. Newsletter and communications

   1. Subject to the User's consent, given upon registration or subsequently through the settings of the Platform, Funpromotion may send communications relating to Offers, Coupons, Events and Campaigns by newsletter and/or push notifications.

   2. Funpromotion does not use, as communication channels of the Platform, SMS or instant messaging applications (by way of example, WhatsApp) for sending promotional communications to Users.

   3. The User may at any time withdraw the consent given, by unsubscribing from the newsletter through the dedicated link at the foot of each communication or by amending its own preferences in the Account settings, without this affecting access to the remaining features of the Platform.

   4. Communications of a non-promotional nature, necessary for the technical, contractual or security management of the Account, remain unaffected and may be sent to the User even in the absence of, or after the withdrawal of, the consent referred to in this article.

 

10. User conduct

    In using the Platform, the User undertakes to:

    1. use the Platform exclusively for the lawful and personal purposes for which it was conceived, refraining from any commercial, promotional or otherwise different use from that permitted by these Terms;

    2. not attempt to gain unauthorised access to systems, data or Accounts of third parties, nor to compromise the security, the integrity or the proper functioning of the Platform;

    3. not use automated systems (bots, scripts, scraping or similar tools) to access, collect data or interact with the Platform;

    4. not generate fictitious likes, favourites, shares or Accounts, nor alter in any way the statistics or the features of the Platform;

    5. not use the Platform for harassing, defamatory, fraudulent purposes or purposes otherwise liable to cause harm to Funpromotion, to the Partners or to third parties;

    6. comply, in addition to these Terms, with any further rule published from time to time on the Platform.

 

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, to the graphic interface and to every other distinctive element, are the exclusive property of Event8 Sagl or of the respective licensors, and are protected by Swiss and international legislation on intellectual property.

    2. The Content published by the Partners (descriptions, photographs, logos, trade marks) remains the property of the respective Partners or of their rightholders and is made available to Users exclusively through the Platform, for informational and personal purposes.

    3. The User is permitted to view the Content of the Platform exclusively for personal, informational and non-commercial use. It is prohibited to copy, reproduce, amend, distribute or exploit commercially, in whole or in part, the Content or the software of the Platform without the prior written authorisation of Funpromotion, or of the respective Partner where applicable.

    4. No provision of these Terms transfers to the User any intellectual property right over trade marks, logos, content or software of Funpromotion or of the Partners.

 

12. Availability of the service

    1. Funpromotion endeavours to ensure the continuity and the proper functioning of the Platform, but does not provide any warranty as to the continuity, timeliness, security or absence of errors of the service.

    2. Access to the Platform, in whole or in part, may be temporarily suspended or interrupted, without notice, for reasons of maintenance, updating, security or for reasons of force majeure, without this giving rise to any right to compensation in favour of the User.

    3. Funpromotion reserves the right to amend, suspend or discontinue, in whole or in part and at any time, the Services offered through the Platform, giving where possible reasonable notice to Users.

 

13. Limitation of liability

    1. Use of the Platform takes place at the User's sole risk. Funpromotion provides no warranty, express or implied, as to the accuracy, the completeness, the reliability or the currency of the Content, of the Offers, of the Events and of the Campaigns published by the Partners.

    2. To the maximum extent permitted by applicable Swiss law, Funpromotion is not liable for direct or indirect damage, loss of data, lost savings, lost opportunities or other prejudice of any nature arising from the use of or the inability to use the Platform, or arising from Content, Offers, Events or Campaigns published by the Partners or from the conduct of the latter at their own Venues.

    3. Funpromotion is in no case liable for the relationship between User and Partner, for the performance, the quality or the safety of goods and services provided by the Partner, nor for any physical, financial or other damage suffered by the User in connection with participation in an Event, in a Campaign, or with the use of an Offer at a Venue.

    4. 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.

    5. The User undertakes to indemnify and hold Funpromotion harmless from any claim, damage, cost or expense (including legal costs) arising from a use of the Platform in breach of these Terms or of the applicable law.

 

14. Account deletion

    1. The User may at any time request the deletion of its own Account through the dedicated functions available in the settings of the Platform, or by writing to [email protected].

    2. Funpromotion reserves the right to suspend or close, at any time and without notice, the Account of a User that breaches these Terms, provides untruthful information, or engages in conduct harmful to the rights of Funpromotion, of the Partners or of third parties.

    3. Following the deletion of the Account, the User's personal data is processed in accordance with the provisions of the Privacy Policy referred to in art. 15, without prejudice to the data that Funpromotion is required to retain in compliance with legal obligations.

    4. The deletion of the Account entails the definitive loss of favourites, likes, Coupons not yet used and any other data associated with the Account, without the User being able to assert any claim against Funpromotion.

 

15. Privacy

    1. The processing of Users' personal data is governed by Funpromotion's Privacy Policy, available on the Platform, which forms an integral part of these Terms and which the User is invited to read carefully before registering.

    2. By using the Platform, the User acknowledges and accepts that its data, including by way of example registration data, usage data, geolocation data and preferences, is processed by Funpromotion as described in the aforementioned Policy and in compliance with the applicable Swiss data protection legislation.

 

16. Amendments to the terms

    1. Funpromotion reserves the right to amend these Terms at any time, at its own reasonable discretion, in order to adapt them to regulatory, technical, organisational or business requirements.

    2. Material amendments will be communicated to Users with reasonable advance notice, by notification on the Platform, communication by e-mail or other suitable means, indicating the date of entry into force of the new conditions.

    3. The continued use of the Platform after the entry into force of the amendments constitutes acceptance thereof. Should the User not intend to accept the amendments, it has the right to delete its own Account in accordance with art. 14.

 

17. 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, without prejudice to any mandatory statutory provisions that may apply in favour of Users qualifying as consumers.

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]