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 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) through Smeetz for Business.
The Platform – In general, the Website and the App(s).
The Services – The services offered by Smeetz as described in Art. 2.1 and 2.2.
The Website – The website that 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), ℅ École Hôtelière de Lausanne, Route de Cojonnex 18, 1000 Lausanne 25.
Smeetz for Business – The software, available to the Organizers, allowing the sale of Tickets on the Website, the App and, as the case may be, the other Sales Channels.
The User or you – Anyone using the Website, the App, the Ticket sales platform, Smeetz for Business or any other media operated by Smeetz.
The Seller – Any Organizer proposing the sale of Tickets to Users.
2. The Services
2.1. The Website and the App offer Users the opportunity to discover cultural, sports and leisure activities in general.
2.2. Smeetz also offers Organizers the possibility to manage the sale of Tickets, through Smeetz for Business, for the activities and events they offer and for Buyers to purchase such Tickets.
2.3. Smeetz offers the possibility to third parties to use its ticket sales platform. A special contract governs the relationship between Smeetz and the third party who wishes to use this service.
2.4. The GTCs apply to all Services offered by Smeetz. Special provisions may apply to certain services offered by Smeetz, such as Smeetz for Business for Organizers (the terms of which are available to Organizers).
3. The Contract
3.1. By using the Platform and the Services offered by Smeetz, in particular when purchasing Tickets on the Platform or from an external site using Smeetz platform (as stipulated in art. 2.3), you hereby agree that you shall be bound by the following contractual documentation :
a) These general terms and conditions ;
c) Our cookie management policy ;
d) The special provisions applicable to certain services offered by Smeetz, including the terms and conditions relating to the purchase and sale of Tickets if said services are used.
3.3 As a Buyer you accept, in addition to the Contractual Documentation described in the Art. 3.1, the contractual terms and conditions laid down by the Seller, including any terms and conditions of sale.
4. General use of the Platform
4.1. In principle, the Website and App are accessible to any User whether registered or not.
4.5. 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.
5. Use of the Platform – 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 any illegal content on the Platform, such as racist, pornographic, violent, defamatory, infringing on the rights of third parties, etc. Smeetz reserves the right to delete any content on the Platform that it deems illegal or that undermines its rights or those of third parties and to exclude, temporarily or permanently, any User who has 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.
6.1. Smeetz shall make every reasonable effort to ensure that the information on the Platform (and the social media it hosts) is accurate. However, Smeetz declines any liability in this respect.
6.2. The content on 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 their own risk. Smeetz expressly excludes all warranties including in particular any guarantee of use and the non-infringement of rights.
7.1. In general. Subject to mandatory exceptions provided by law, Smeetz’s liability is excluded 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. It is recalled that Smeetz is not required to check the contents and links posted on the Platform by Users and is therefore not responsible for the contents and links contained therein, nor for the consequences of the registration of incorrect or inaccurate data. Smeetz’s liability is expressly excluded for the legality, accuracy, truthfulness, quality, timeliness, completeness and/or reliability of the content posted on the Platform and for the content of external websites to which links on the Platform may point and for the consequences of the storage of incorrect or inaccurate 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.
8.1. Each User agrees to compensate Smeetz, its affiliates, employees, managers, administrators, consultants, representatives, successors or acquirers (for the purpose 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 Users) due to the actions or omissions of this User on the Platform, particularly 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 the affected User in writing of any third party claim against Smeetz or Smeetz Affiliates. The affected user (i) agrees to assist Smeetz or the Smeetz Affiliates in any legal or other proceedings brought by the allegedly injured third parties; (ii) agrees to provide Smeetz or the Smeetz Affiliates with all information necessary to defend Smeetz or the Smeetz Affiliates, (iii) grants Smeetz or the Smeetz Affiliates exclusive authority to conduct such defense and/or to appoint a representative of choice to do so, and (iv) grants Smeetz and the Smeetz Affiliates, and their representatives if any, exclusive authority to enter into a compromise (to settle), after prior consultation with the affected User.
9. Intellectual property
9.1. The Website 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 of charge and unlimited right to reproduce and distribute such content to the extent necessary for the operation of the Platform and authorizes other Users to make this content public in the same way as set out in Art. 9.2.
9.4. The User authorizes Smeetz to use, free of charge and without limitation, logos, images, company names, trademarks and other information posted by the User on the Platform to promote the User’s Services on the Website, the App and any other medium (including social networks) hosted by Smeetz.
10.1. 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.
10.6. 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.
10.7. 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.
10.8. 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 arising out of or in connection with these terms and conditions or any other document of the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.
12. Entry into force / Term / Amendments of the GTCs
12.2. 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.