General Terms and Conditions
www.kireego.com (Website and Platform) and Kireego® Mobile Application
The Kireego® platform, www.kireego.com (the “Website”) and login.kireego.com (the “Merchant Portal”), collectively the “Platform”, and the Kireego® Mobile Application (the “App”) are edited and run by Kireego Solutions SA, its headquarters being at: Ateliers de la ville de Renens - Ch. du closel 5, CH – 1020 Renens, Swiss Commerce Registry no. (UID): CHE-374.922.862.
2. General Terms and Conditions and Services Offered
The use of the Platform, which is used by businesses and service providers (hereinafter the “Businesses”) and communities (companies, associations, clubs and other organizations; hereinafter the “Communities”) implies full and unconditional acceptance by both of the General Terms and Conditions described in this document and any other conditions stipulated on the Platform or the App to complete them. They may be modified or updated at any time. Users of the Platform and App are therefore encouraged to review them on a regular basis. Kireego Solutions SA updates the Platform and App regularly. Similarly, the General Terms and Conditions may be modified at any time. Notwithstanding, they still bind users who are once again advised to read them on a regular basis. All features are subject to the unique sales and refund conditions described, and are accepted by the Businesses when they purchase and use such features.
3. Description of the Services Rendered
The Platform’s purpose is to offer Businesses and Communities, provided they create a Kireego account, a number of services. Businesses can connect with Communities as well as other Businesses, and can create, view, and edit their description and loyalty cards and create offers, which are broadcast to their own customers or the beneficiaries of their partners (hereinafter collectively, the “Beneficiaries”). Businesses and Communities establish partnerships among themselves on the Platform, by mutual agreement. Communities have the possibility to create partnerships with Businesses and accept (or refuse) the exclusive offers proposed by Businesses targeting their Beneficiaries. Kireego Solutions SA reserves the right to modify the products and services proposed on the Platform and the App, without any prior notification or acceptance on behalf of Businesses, Communities, and/or Beneficiaries. During Kireego’s beta phase, certain characteristics of the services provided on the Website or the App may be limited or abridged.
4. Costs of Services
Businesses may be charged fees depending on which services available Platform they use. All paying services are clearly identified as such and require immediate settlement before their use. In the specific case of payments for offers targeting Communities, settlement happens upon submission of the offer to the Community. The Offer has a maximum duration of three months starting on the day it is approved by the targeted Community. Payments are made for the purchase of “credits” and no reimbursement can be demanded or expected by Businesses, should the Community decide to cancel the offer more than 24 hours after its approval.
5. Limitation of Liability for Kireego
Kireego Solutions SA may not be held responsible for damages to devices and equipment linked to the use of the Platform or the App. In addition, users of the Platform agree to access them using recent equipment, free of viruses and using a recent and up-to-date web browser. Kireego Solutions SA may not be held responsible for direct or indirect damages sustained by users (Businesses, Communities, or Beneficiaries) resulting from the use of services rendered through the Platform or the App. Interactive spaces are placed at the disposal of users. Kireego Solutions SA reserves the right to suppress, without prior notice, any content published in these spaces, which infringes upon applicable legislation, in particular relative to the protection of data. Kireego reserves the right to edit the formatting of any text entered on the Platform by Businesses and Communities without warning. Kireego Solutions SA reserves the right to take legal action in civil or criminal courts against users, in particular for racist, abusive, defamatory, or pornographic content of any type (text, images…).
Kireego Solutions SA has no control over the content of the information broadcast by Businesses or Communities registered on the Platform. Businesses and Communities provide the information mentioned in the Merchant Portal visible to Businesses, Communities, and Beneficiaries; they are therefore solely responsible for any information provided about their business. Communities are responsible for their interactions with Businesses: primarily, but not limited to, accepting, refusing or interrupting exclusive offers made by Businesses, and the “modification requests” they make for Businesses. Kireego is not answerable for any of the aforementioned behaviors among the partners. Businesses provide the information mentioned in the App and the Offers contained in it; they are therefore solely responsible for the execution of the service or delivery of the product described. Kireego declines any responsibility in the event of the non- or incomplete fulfillment of the conditions and obligations tied to the use of Offers, whether attributable to Beneficiaries or Businesses, caused by other unforeseen and insurmountable circumstances by third parties, or in cases of force majeure. In the same way, any legal or conventional guarantee tied to the execution of the conditions and obligations of offers are due by the Businesses. In the event of non- or incorrect fulfillment of these conditions and obligations, the Beneficiaries must take up the issue with the Businesses, who are the sole vendors of the products or services.
6. Limitation of Liability for Communities
App users access offers that are wholly the responsibility of the Businesses having created them. The Beneficiary and app user cannot hold the Community having granted him/her access to such offers responsible for their quality or validity. In the event of non- or incorrect fulfillment of these conditions and obligations, the Beneficiaries must take up the issue with the Businesses, who are the sole vendors of the products or services.
7. Intellectual Property and Counterfeiting
All logos, brands, and images belong to their respective owners. Any reproduction, representation, modification, publication, adaptation of all, or part of any element of the Platform, by whatever means or process, is strictly forbidden without prior authorization by Kireego Solutions SA. Any unauthorized use of the Platform or of any element it may contain will be deemed as counterfeiting and will be prosecuted to the full extent of applicable laws.
Personal information is protected by the European Directive 95/46/EC dated October 24, 1995. Using the Platform, certain data may be collected, mainly: the URLs through which the user accessed the Platform, the name of the user’s internet service provider (ISP), and/or the user’s IP address.
In any case, Kireego Solutions SA only collects information on Businesses and Communities for use in conjunction with the services offered. This information is provided knowingly, in particular since it is provided by typing it in. In this case, users of the Platform are told whether this information is mandatory or not, directly in the interface. Businesses and Communities have access to their personal information at all times in the Platform, in the event they wish to rectify it.
No personal information about Beneficiaries is published without their prior knowledge, nor is it transferred, exchanged, given or sold in any form to a third party. Only the purchase of Kireego Solutions SA and its rights may allow the transmission of said information to the buyer, who would in turn be bound to the same obligations to store and modify the Websites’ and the App’s users’ personal information.
Kireego will send occasional messages to Businesses and Communities registered on the Platform to share news, to suggest ways to optimize the use of available tools, and to get feedback on their experience on the platform. They can opt out of receiving such messages instantly at any time by sending an email to firstname.lastname@example.org.