1. Definitions
The Buyer – Any User buying a Ticket from a Seller.
The App – In general, the mobile app(s) or downloadable webapp developed by Smeetz.
The Ticket – The document in electronic or printable format entitling access to an activity or event proposed by a Seller and possibly other services (such as the right to consume at the activity or event venue, or other benefits).
The Sales Channels – The list of online platforms through which an Organizer can offer Tickets for sale. The list of Sales Channels is available on the dedicated pages on Smeetz for Business : https://business.smeetz.com/en/solutions/multi-channel-sales-acquisition
The GTCs – These General Terms and Conditions, in its version as amended by Smeetz.
The Contract or Contractual Documentation – The contract of use which we and you shall enter into after your acceptance of the GTCs.
The Organizer – Any User proposing (an) activity(ies) or cultural, sports or general leisure event(s) on the Platform.
The Services – The services offered by Smeetz as described in Art. 2.1.
The Website – The Website is accessible at www.smeetz.com and any other domains that redirect to the such address.
Smeetz or us – Smeetz SA (CHE-205.861.430), c/o École Hôtelière de Lausanne, Route de Cojonnex 18, 1000 Lausanne.
Smeetz for Business or the Platform – The software, available to the Organizers, allowing the provision or sale of Tickets on the Website, the App and, as the case may be, the other Sales Channels, accessible at : https://business.smeetz.com .
The User or you – Anyone using the Site, the App, the Ticket sales platform, or any other media operated by Smeetz.
The Seller – Any Organizer proposing the sale of Tickets to Users.
2. The Services
2.1. Smeetz for Business offers Organizers the possibility to manage and make available or sell Tickets for the activities and events they offer, on the Website and/or the App or on other Sales Channels.
2.2. The Terms and conditions apply to all Organizer Services offered by Smeetz. When an Organizer uses the Website or App as a User other than an Organizer or Seller, the Smeetz Terms and Conditions apply to him/her.
3. The Contract
3.1. By using the Platform and the Services offered by Smeetz as an Organizer you agree to be bound by the following Contractual Documentation :
a) These general terms and conditions ;
b) Our privacy policy ;
c) Our cookie management policy ;
d) The special provisions applicable to certain services offered by Smeetz, specifically conditions for selling Tickets and the terms and conditions for the use of Smeetz for Business, if said Services are used.
3.2. The general terms and conditions, the privacy policy, the cookie management policy and the special provisions applicable to certain services offered by Smeetz form an integral part of the Contract that legally binds you to Smeetz.
3.3. As a Seller you accept, in addition to the Contractual Documentation described in Art. 3.1, the contractual terms and conditions laid down by the other Sales Channels, in particular their possible sales conditions.
4. General use of the Platform
4.1. In principle, the Website and App are accessible to any User whether registered or not.
4.2. The Platform is only accessible to registered Users.
4.3. The data you provide to us when registering and using our Services is managed in accordance with our privacy policy.
4.4. You must be capable of judgement to register and use the registered member Services offered by Smeetz. We refer you to the terms of our privacy policy for more details on this subject.
4.5. It is your responsibility to provide, during your registration and in case of change during the use of the Platform, accurate and complete information. In compliance with our privacy policy, you can rectify inaccurate information/data that concerns you at any time.
4.6. There is no right to create and maintain a profile on the Platform and/or participation on it, and we are therefore free to refuse or exclude a User at any time, without explanation.
4.7. The Platform requires the use of cookies. They are handled in compliance with our cookie management policy.
5. Platform use – Illegal, Inaccurate or Inappropriate content
5.1. Smeetz does not systematically monitor the content posted on the Platform and is not required to do so. Each User is solely responsible for the content posted on the Platform.
5.2. Users agree not to post illegal content on the platform, such as racist and pornographic content, depictions of violence, defamatory, content that violates the rights of third parties, etc. Smeetz reserves the right to delete any content found on the Platform it deems illegal or that undermines its rights or those of third parties and to exclude, temporarily or permanently, any User who posted such content on the platform, without prior notice.
5.3. Users further undertake not to post any inaccurate, misleading, obscene, disparaging, offensive or otherwise inappropriate content on the Platform. Smeetz also reserves the right to delete without prior notice any content which, based on its reasonable opinion, falls into one of these categories. The User who posted such content may be temporarily or permanently excluded from the Platform, without prior notice.
5.4. Users and any third party, on the Website and the App, have access to a complaint form to draw Smeetz's attention to such content. In the absence of such a form, Users may use the general contact form.
6. Warranty
6.1. Smeetz shall make every reasonable effort to ensure that the information on the Platform (and the social networks it hosts) is accurate. However, Smeetz declines any liability in this respect.
6.2. The Platform does not constitute advice, recommendations, warranties, or authorizations from Smeetz. They are not intended to serve as a basis for making (or not making) decisions and/or for any use. Any User who makes a decision based on, or otherwise uses, the Platform content, does so at his/her own risk. Smeetz expressly excludes all warranties, including in particular any guarantee of use and the non-infringement of rights.
7. Liability
7.1. In general. Subject to mandatory exceptions provided by law, Smeetz is not liable for any of its Services or for any content placed by Smeetz, or its Users, on the Platform.
7.2. Content posted by Users/links . Content posted by Users/links. It is recalled that Smeetz is not required to check the content and the links posted on the Platform by the Users and is therefore not responsible for the content and links that can be found thereon, nor the consequences of the saving of false or incorrect data. Smeetz's liability is expressly excluded for the lawfulness, accuracy, exactness truthfulness, timeliness, completeness and/or reliability of the content posted on the Platform and the content of external sites to which links posted on the Platform can be directed and consequences of the saving of inaccurate or incorrect data on the Platform.
7.3. Technical issues. Smeetz declines all liability for temporary unavailability and/or malfunctions of the Platform, regardless of the reason.
8. Compensation
8.1. Each User agrees to compensate Smeetz, its affiliates, employees, managers, administrators, consultants, representatives, successors or acquirers (for the purposes of this article only, the "Smeetz Affiliates") for any damages suffered by Smeetz or the Smeetz Affiliates in connection with claims made by third parties (including other Users) due to the actions or omissions of this User on the Platform, specifically in case of infringement of the intellectual property rights of third parties. Compensation will also cover legal, litigation, procedural, expert, negotiating, advisory and other costs and expenses incurred by Smeetz and the Smeetz Affiliates for legal defense.
8.2. Smeetz will immediately notify in writing to the User concerned about every claim made by a third party against Smeetz or the Smeetz Affiliates. The User concerned (i) undertakes to assist Smeetz or the Smeetz Affiliates in any proceedings, including judicial proceedings, by allegedly aggrieved third parties; (ii) undertakes to make available to Smeetz or the Smeetz Affiliates all information necessary for the defense of Smeetz or the Smeetz Affiliates; (iii) gives Smeetz or the Smeetz Affiliates exclusive power to conduct such defense and/or to appoint the representative of its choice to do so, and (iv) grant Smeetz and Smeetz Affiliates, and their representatives if applicable, the exclusive power to enter into a compromise (to settle), after prior consultation with the User concerned.
9. Intellectual property
9.1. The Site and the App, including their interfaces and codes, are the exclusive property of Smeetz and must not be reproduced or otherwise used by Users except for normal use of the Platform.
9.2. Smeetz authorizes Users to reproduce and disseminate the Platform content created by Smeetz (e.g. editorial content), if they expressly indicate the Platform as the source of the content in question.
9.3. The User guarantees that he/she has all the necessary rights to post and publish his/her content on the Platform. As certain content may benefit from legal protection, in particular from copyright or other intellectual property rights, the User grants Smeetz a free and unlimited right to reproduce and distribute such content on the website if necessary for operating the Platform and authorizes the other Users to make public this content as per Art. 9.2 applicable mutatis mutandis.
9.4. The User authorises Smeetz to use logos, images, company names, trademarks and other information posted by the User on the Platform, free of charge and without limitation, to promote the Services on the Site, the App and any other medium (including social networks) operated by Smeetz.
10. Miscellaneous
10.1. Inserts and pictograms. Inserts and pictograms.To facilitate understanding, on the sales pages, Smeetz may give information containing all or part of the Contractual Documentation through inserts or a pictogram system. These inserts and/or pictograms are for purely informational purposes: only the Contractual Documentation and the sales terms and conditions of the Sellers are relevant and binding.
10.2. Interruption of the Website or App. Smeetz reserves the right to discontinue the operation of all or part of the Site, and/or the App, the offer of certain Services, or part thereof, at any time, permanently or provisionally, without notice.
10.3. Force majeure. Neither the non-performance nor the late performance of its obligations by one of the parties will constitute a default by the party in respect of its contractual obligations, if the delay or non-performance were to result from force majeure (e.g. natural disasters, war, riots, civil unrest, fire) or other circumstances beyond the reasonable control of that party, such as technical problems that cannot be attributed to Smeetz. Computer viruses and hacker attacks against computer systems are considered force majeure, provided that reasonable security measures had been taken.
10.4. Transfer. The rights and/or obligations of the User resulting from the Contract cannot be transferred to another person. The User expressly authorizes Smeetz to assign its rights and to subcontract any obligations arising from the Contractual Documentation.
10.5. Partial invalidity. If any provision of the Contractual Documentation or part thereof is or becomes invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision will be affected or compromised. The User agrees, where applicable, to replace the invalid or unenforceable provision or section with a provision that is valid or applicable as close as possible to the original provision and that, to the extent possible, will achieve the same economic and legal result.
10.5. Entire Agreement. The Contractual Documentation, as described in Art. 3.1, contains the entire agreement that binds you to Smeetz with respect to the purpose of these GTCs and shall replace any agreements or understandings regarding the purpose of these GTCs that may have been entered into between you and Smeetz prior to the effective date of the GTCs hereof.
10.6. Non-waiver. No waiver made by Smeetz to require that you comply with any of the provisions of the Contractual Documentation (Art.3.1) shall be deemed a waiver of any right to claim or invoke any prior or subsequent breach of the Contract whether said breach is of a similar or different nature.
10.7. Languages. The Contractual Documentation is to be drafted in French, English and German. In the event of discrepancy between versions, the English version shall take precedence.
11. Governing law and jurisdiction
11.1. The Contract and any Contractual Documentation relating thereto shall be governed by the substantive laws of Switzerland, excluding its conflict of laws rules.
11.2. Any dispute, controversy or claim arising out of or in connection with these terms and conditions or any other Contractual Documentation shall be settled by the competent ordinary courts of Lausanne, Switzerland.
12. Entry into force / Term / Amendments of the GTCs
12.1. The Contract enters into force for a specific User upon acceptance of the GTCs by the latter, it being understood that any use of the Platform shall constitute tacit acceptance. The Contract will remain in force as long as the User uses the Platform.
12.2. Smeetz reserves the right to amend the GTCs at any time. It will publish the amended version on the Platform and inform the Users of the new GTCs by e-mail, a pop-up window, or by any other method it chooses. Should the User dispute the amendments, he/she may terminate the Contract by discontinuing all use of the Platform with immediate effect. If the User continues to use the Site or App, the most recent version of the GTCs shall be deemed to be accepted by said User.