Terms and Conditions
Date of issue and effective date: 10.05.2019
Application: The interface provided by SKWOLL ;
Account: personalized access to the Application ;
TOS: the present general terms & conditions of use and sale ;
Registration data: information about you as required by SKWOLL ;
Personal data: data as defined in Article 3 letter a of the Federal Data Protection Act (“LPD”; RS 235.1) and the Federal Ordinance on Data Protection (“LPD”; RS 235.11), i.e. any information relating to an identified or identifiable person;
Intellectual property rights: these rights include copyright, registered designs, model and design rights, patent rights, database rights, trademarks, trade secrets, know-how or any other property or industrial right, whether registered or not.
Partner establishment: any bar, restaurant or other service provider affiliated to SKWOLL ;
Member: Registered user with a valid paid subscription with SKWOLL ;
Notifications: Alert messages that automatically appear on your device that are related to a news story or feature.
We: SKWOLL SA;
Payment service provider: STRIPE, whose registered office is located at 185 Berry Street, Suite 550, San Francisco, CA 94107, United States of America ;
Referrals: any natural or legal person who would recommend SKWOLL to new Users, in particular Members and could, if necessary, receive a remuneration (sponsorship, prescription actions);
Services: all paid or free services offered through the Site and/or the Application;
Site: the website accessible at www. skwoll.com ;
Sponsor: any natural or legal person who, for advertising purposes, contributes financially or materially to the organization of actions, campaigns or events initiated by SKWOLL or in partnership with the latter;
SKWOLL : the company Skwoll SA whose head office is in Crans-Montana, Switzerland ;
User: any person using or accessing in any way whatsoever all or part of the Application and/or the Site, including the Visitor;
Registered User: User who enters his credit card data, who is able to order and pay for drinks, meals or other services via the Application ;
Visitor: User who uses the Application and/or the Site for the purpose of providing information on Partner Establishments (information sheets on the location, drinks, food and other services, location etc.) but who can neither place an order, nor pay, nor interact with Members ;
You (or you): the User or, if a personal account has been created, the Visitor, the Registered User or the Member ;
SKWOLL intends to improve and enrich the experience of going out in bars and restaurants.
To do so, SKWOLL develops and federates a community of Users around recreational and leisure activities.
SKWOLL is conceived as a digital experience accessible by means of an Application and a Site, which offer in particular the following functionalities:
- a selection of partner establishments that present their locations, their menus (drinks and dishes) and their other services, in whole or in part;
- an easy solution for ordering and paying, through the Application, for the items presented on these menus at partner establishments;
- information about the location (description, atmosphere, timetables, address) with a link to a map and an indication of how to get there (route, duration according to mode of travel) including a link to the third-party application Uber. Uber is a registered trademark of Uber Technologies Inc. and is not affiliated with SKWOLL ;
- the possibility of recording the service and consumption experience with partner establishments, in order to encourage exchanges and build a community spirit.
SKWOLL is at the same time a real-world experience, developed and federated by :
- events reserved for its Members, for example theme evenings (musical, mixology discovery, wine tasting or other) or conferences;
- a welcome drink offered by each Partner Institution to the Member (in accordance with the terms and limits set out in these TOS).
At no time do you buy drinks, alcoholic or other beverages, or catering or other services directly from SKWOLL.
Skwoll SA (“SKWOLL”, “we”, “us”, “our” and all other terms having a similar meaning) provides you with the website accessible at the address www.skwoll. com (hereinafter: “the Site”), and a mobile application (hereinafter: “the Application”) technically accessible by downloading it from the Apple App Store or the Google Play Store.
The Application and the Site are owned and operated by Skwoll SA, 2, rue du Rhodania, 3963 Crans-Montana, Switzerland.
YOU MUST BE ATLEAST 18 YEARS OF AGETO USE THE SITE AND/OR THE APPLICATION. IF YOU ARE NOT 18 YEARS OF AGE OR OLDER, YOU MAY NOT USE THE SITE AND/OR THE APPLICATION.
You must have access to certain hardware resources or services in order to use the Application, including a mobile device and a connection to a telecommunications network. These elements are not provided by SKWOLL and must be provided to you by third parties of your choice, under your exclusive responsibility. We do not provide any material element or service other than the Application and/or the Site as provided for and described in these TOS. Telecommunications and data costs, in particular roaming costs, are the sole responsibility of the User.
SKWOLL reserves the right to make any changes to these TOS at any time and at its sole discretion. If necessary, you will be informed by email or by Notification. The new version of the TOS will be published on this page, and we will update the “Issue Date”. If you are a Visitor or Registered User and you do noyt agree with these changes, you must close your Account and stop using the Services immediately. If you are a Member, it is your responsibility to inform SKWOLL of your disagreement, if any, by email to email@example.com. Any change to these TOS shall be deemed accepted by you if you have not informed SKWOLL of your disagreement within 30 days of notification of the change(s).
If you have any questions about these TOS, please send us an e-mail to the following e-mail address: firstname.lastname@example.org.
Creating and using an account
The use of the Application requires the prior creation of an Account.
Whether you use the Application solely for information purposes (“Visitor”), for orders and payments (“Registered User”) or to become a “Member”, you need an Account. If you register for an Account on the Application, you agree to :
- provide accurate, current and complete information (“Registration Data”) ;
- maintain the security of your password at all times;
- maintain and promptly update the Registration Data and any other information you provide to SKWOLL ;
- not to disclose your Registration Data to third parties;
- keep your password and any information related to the security of your Account strictly confidential;
- use this site only for personal, non-commercial purposes;
- not to create/hold more than one Account, and not to sell, trade, transfer, rent or otherwise make available your Account or the Services to any third party or access the Application and/or the Site by any means other than through the publicly provided interface;
- not to publish false, misleading or deceptive information on or from the Application and to take full personal responsibility for the use of your Account and the transactions made on it.
You are personally responsible for all activities on your Account on the Site and/or the Application.
The e-mail address indicated by the User when creating his Account will be used by SKWOLL to communicate with you. It is up to you to modify this e-mail address later, if necessary, from the general menu of the Application. Any e-mail sent by SKWOLL to this e-mail address shall be deemed validly received.
If your Account has been blocked for any reason by SKWOLL, you are not authorized to create a new Account.
You understand and agree that you are solely responsible for any failure to comply with your obligations under these TOS and for the possible consequences of such failure, including any loss or damage that SKWOLL and/or third parties may suffer as a result of your doing so, directly or indirectly.
If you become aware of any unauthorized use of your Account, you are obliged to notify us immediately at the following e-mail address: email@example.com.
When creating your Account and using the Application and/or the Site, you further agree not to undertake the following actions:
- impersonate another person or create a false identity;
- intimidate or harass any natural or legal person ;
- deliberately misrepresent yourself;
- claim a false affiliation with a natural or legal person, including but not limited to SKWOLL ;
- use or attempt to use another User’s Account;
- give an alcoholic beverage obtained/paid for through SKWOLL to a person under the age of eighteen ;
- use the Application and/or the Site, including their content, for commercial purposes without prior written consent from SKWOLL ;
- reproduce without right the content appearing on the Application and/or the Site, whether the reproduction is automated or not;
- publish or disseminate spam, unsolicited or bulk e-mail, advertising, solicitations, chain letters or pyramid schemes through the Application and/or the Site ;
- download, publish, transmit, distribute or make available by means of the Application and/or the Site any document containing computer viruses or any other computer code, file or program intended to block, damage or limit the functions of any software, computer equipment, telecommunications equipment or any other technology and likely to threaten the Application and/or the Site, the interests or property of SKWOLL, Users, Partner Institutions or any other third party;
- export or re-export any application or tool developed by SKWOLL and owned by SKWOLL and/or in violation of the data export control laws of the jurisdictions concerned;
- copy, modify or distribute the rights and content of the Application and/or the Site in any manner whatsoever;
- market any code, information or software from the Application and/or the Site;
- upload, publish, transmit, broadcast, store or otherwise make public by any other means the Personal Data of Users;
- Harvest or collect information about Users, such as e-mail addresses, without their consent or use automated scripts to collect information from or interact with the Application and/or the Site;
- upload, publish, transmit, broadcast, store or make public or by any other means on or through the Application and/or the Site, any question, answer, comment, opinion, analysis or recommendation that you are not authorized or entitled to produce;
- download, publish, transmit, broadcast, store or make public through the Application and/or the Website or by any other means any content or information that SKWOLL deems controversial, illicit, inappropriate or that prevents or restricts the use of the Application, or that may expose SKWOLL, Users, partner Institutions or third parties to prejudice or liability;
- upload, publish, transmit, disseminate, store or make public through the Application and/or the Site or by any other means any content or information likely to give rise to criminal proceedings, encourage or provide instructions for an action that could give rise to criminal proceedings.
1. For Registered Users
SKWOLL offers to its registered Users and its Members to order and pay for drinks, alcoholic or not, or catering or other services from the Partner Establishments, at the price indicated in CHF on the Application, all taxes included.
The Partner Establishments may, at any time, on their own initiative or at the express request of SKWOLL, ask the Registered User to prove his identity when a drink or other service is provided, in order to: a) verify compliance with the federal and cantonal provisions on the provision of alcoholic beverages and/or b) ensure compliance with these TOS.
It is reminded that SKWOLL strictly forbids the registered User to give any alcoholic beverage acquired by means of the Application to persons under the age of eighteen, notwithstanding the fact that Swiss law allows the delivery of non-distilled alcoholic beverages (wine, beer, cider, mead, fruit wine, fruit wine, pome fruit juice in fermentation, grape must in fermentation) to persons aged 16 years old.
You are reminded that, according to the legislation in force, the Partner Establishment has the duty to refuse to serve alcoholic beverages to a person in a visible state of intoxication.
2. For Members
SKWOLL offers a subscription service which confers the quality of Member.
This service is billed at the rate offered by SKWOLL at the time of subscription conclusion or before renewal (if the rate is modified by SKWOLL before renewal of the subscription).
The subscription entitles you to a free welcome drink per day or two welcome drinks per week at one of the partner establishments. The welcome drink is, at the Member’s choice, a non-distilled drink (wine, beer, cider, mead, fruit wine, fruit juice with pips in fermentation, grape must in fermentation) or a non-alcoholic drink, of standard size and appearing on the menu of the Partner Establishment, with a maximum of one free welcome drink per day, all Partner Establishments combined.
The subscription also gives access to certain privileges, which are provided to you by SKWOLL at its sole discretion and to your liking, and which could include, for example :
- access to information about the cities where Skwoll is present, the Partner Institutions and the community of Members ;
- invitations to special events ;
- the possibility to purchase limited edition items from SKWOLL and its partners ;
- any other promotions or offers presented on the Site and/or the Application.
The initial duration of the subscription corresponds to the option chosen (one month, six months, one year) by the Member.
The Member benefits from the Services attached to his membership only upon receipt of full payment for the chosen subscription.
Unless terminated by the Member prior to the initial expiry date of the subscription, the subscription is automatically renewed for the same duration, and so on.
We reserve the right to change both the subscription fee schedule and the definition of the Services at any time.
Any change in the subscription fee comes into force upon renewal of the subscription in question and is subject to prior notice communicated to the Member by e-mail or Notification. If the Member does not wish his subscription to be renewed at the new rate, it is his responsibility to cancel it before the renewal date. Failing this, the Member is deemed to have accepted the renewal of its subscription at the new rate.
The Partner Establishments may, at any time, on their own initiative or at the express request of SKWOLL, ask the Member to prove his identity when a drink or other service is handed over, for the purpose of: a) verifying compliance with the federal and cantonal provisions on the handing over of alcoholic beverages and/or b) ensuring compliance with these TOS.
It is reminded that SKWOLL strictly forbids the Member to hand over any alcoholic beverage acquired by means of the Application to persons under the age of eighteen, notwithstanding the fact that Swiss law allows the handing over of non-distilled alcoholic beverages (wine, beer, cider, mead, fruit wine, fruit juice with pips in fermentation, grape must in fermentation) to persons aged 16 years or over.
You are reminded that, according to the legislation in force, the Partner Establishment has the duty to refuse to serve alcoholic beverages to a person in a visible state of intoxication.
By subscribing to a subscription, the Member expressly authorizes SKWOLL to charge him/her and to debit his/her credit card, in advance: a) a subscription fee for the entire initial subscription period and, thereafter, b) a subscription fee for each renewal period at the same rate or at the new rate proposed by SKWOLL prior to the renewal.
Your first membership cycle, from which any special discounts (e.g. promotional code) will be deducted, will be invoiced immediately at the time of purchase.
Your subscription will be automatically renewed for the same duration as your initial subscription period and you will be billed on the same date for each renewal.
However, we reserve the right to update the time and date of our billing, and if we do so, appropriate billing adjustments may be applied. You will be notified of such adjustments by email or notification.
In the event that you upgrade from a monthly subscription to a longer term subscription (6 months or one year), your new effective billing date will begin immediately upon purchase of the upgraded subscription, with a credit adjustment automatically applied to the amount of your new purchase over any remaining days of your previous subscription.
You also authorize us to charge you and your credit card for any other services related to your use of the Site and/or the Application, such as the purchase of beverages or catering services from Partner Institutions.
Subscription fees and/or any services acquired from Partner Institutions through the Site and/or the Application are not refundable.
Credit card information is processed and stored by our Payment Service Provider and SKWOLL does not store any credit card information.
In the event of a dispute over an amount debited by SKWOLL, the Registered User and/or Member undertakes to contact SKWOLL’s customer service before any objection to the credit card issuer or notification of a claim to the Payment Provider.
In the event of opposition or dispute of a transaction made by the Registered User and/or Member with his credit card issuer, the Services attached to his capacity as a Member and/or Registered User are immediately suspended and SKWOLL reserves the possibility to request the Registered User and/or Member to pay for the services obtained from partner institutions.
Termination, Suspension of Services and Termination of the Contract
You can update your payment method, delete your Account or terminate your subscription in the main menu of the Application (under ‘My Profile’ and ‘Subscription’).
However, you will continue to have access to your subscription until the end of your current prepaid billing period.
No refunds are possible due to early termination of the subscription.
DELETING THE SKWOLL APPLICATION FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST TO DELETE YOUR ACCOUNT OR A TERMINATION OF THE SUBSCRIPTION FOR THE NEXT TERM.
If we are unable to charge your credit card, we reserve the right to immediately terminate your subscription and access to the Application.
SKWOLL may, without notice or compensation of any kind, block, terminate or suspend your Account or prohibit you from accessing or using all or part of the Application and/or the Site if (i) you violate the TOS or any other rules governing the use of the Application and/or the Site, (ii) your behavior may harm SKWOLL, to Partner Companies, Partners, Users or third parties and hold SKWOLL, Partner Companies, Partners, Users or third parties liable, (iii) you violate in any way whatsoever the cantonal and federal laws and ordinances on the dispensing of alcoholic beverages, or (iv) for any other reason defined by SKWOLL and by SKWOLL alone.
Non-compliance with applicable federal and cantonal laws and ordinances regarding the delivery of alcoholic beverages and the prohibition by SKWOLL of the Member or Registered User to deliver alcoholic beverages of any kind to a person under the age of 18 years constitutes grounds for immediate termination of your Account and/or subscription, without SKWOLL being obliged to compensate you.
You agree to fully indemnify and hold SKWOLL, including its agents, bodies and employees, harmless from and against any and all claims, costs, proceedings, damages, and expenses (including attorney’s fees and lost profits) resulting from your failure to comply with one or more of the obligations contained in these TOS or from damages caused voluntarily or involuntarily to Partner Institutions, Partners, Users or third parties.
Lack of guarantees
SKWOLL ONLY PROVIDES USERS WITH A PLATFORM FOR CONNECTING WITH PARTNER INSTITUTIONS AND FOR EXCHANGE BETWEEN MEMBERS.
THE USER’S ATTENTION IS EXPRESSLY DRAWN TO THE FACT THAT SKWOLL DOES NOT INTERVENE AND DOES NOT ASSUME ANY OBLIGATION OR LIABILITY OF ANY KIND, IN PARTICULAR IN CONNECTION WITH :
- THE CONTENT OF THE EXCHANGES LIKELY TO TAKE PLACE BETWEEN USERS ;
- THE QUALITY OF THE SERVICES OFFERED BY THE PARTNER AND PARTNER INSTITUTIONS, ONLINE AND OFFLINE;
- INFORMATION MADE AVAILABLE TO USERS BY PARTNER INSTITUTIONS, PARTNERS OR MEMBERS, THROUGH THE APPLICATION, THE SITE OR IN ANY OTHER WAY;
- ALL OTHER RIGHTS AND OBLIGATIONS BETWEEN THE MEMBERS AND THE PARTNER INSTITUTIONS OR BETWEEN THE MEMBERS, WHETHER OR NOT THEY ARE CONNECTED WITH THE SERVICES OF SKWOLL.
You access and use the Application and/or the Site at your sole risk. The Application and/or the Site and their content are provided on an “as is” basis and subject to availability.
TO THE FULLEST EXTENT PERMITTED BY LAW, SKWOLL EXPRESSLY DISCLAIMS ALL LIABILITY OR WARRANTY OF ANY KIND, EXPRESSLY OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND/OR THE SITE.
IN NO EVENT SHALL Skwoll’s liability (whether in contract, tort, product liability or otherwise) arising out of or relating to the use of the Site AND/OR THE APPLICATION exceed THE AMOUNT OF THE CONTRIBUTION you paid to access or use the Site AND/OR THE APPLICATION during the three (3) months prior to the date of YOUR claim. This amount is in any event limited to the subscription fees, i.e., EXCLUDING other fees of any kind (e.g., beverages and food) paid FOR SERVICES OBTAINED FROM PARTNER ESTABLISHMENTS.
SKWOLL cannot, in particular, guarantee uninterrupted use of the Application and/or the Site, nor that they are free of viruses, malfunctions or errors.
The Application and/or the Site may, in particular, be affected by periods of temporary unavailability. From time to time, SKWOLL will update the Application and/or the Site, which may make them inaccessible for a certain period of time. SKWOLL will make every effort to ensure the reliable and continuous operation of the Application and/or the Site but cannot guarantee that they will operate uninterruptedly and without incident.
SKWOLL may, on its own initiative and without any notice, modify, suspend or even close the Application and/or the Site at any time, without any obligation to compensate Users for any damage or loss, direct or indirect, caused by the modification, suspension or closure. We cannot be held liable for any damage or loss that you may suffer as a result of any failure or breakdown on the Application and/or the Site, following the suspension of your access, including any damage caused directly or indirectly by a failed operation.
You understand and accept that SKWOLL cannot be held liable in any way for any illicit behavior on the part of Users on or through the Application and/or the Site, directly or indirectly.
SKWOLL makes no warranty or representation that, among other things, (i) the Application and/or the Site and their content will meet your needs or be accurate, (ii) the Application and/or the Site will be available, uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Application and/or the Sire will be accurate or reliable, (iv) any errors will be corrected.
Any material downloaded or otherwise obtained through the use or inability to use the Application and/or the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No information, whether verbal or written, obtained by you from SKWOLL or through the Application and/or the Site or on the Application and/or the Site shall create any warranty or other obligation not expressly stated in these TOS and SKWOLL disclaims any liability arising from any reliance placed on such elements by any User or by anyone who may be informed of any part of its content.
Links and third party content
SKWOLL may provide Users with links to other third-party sites not controlled by SKWOLL or to third-party content. SKWOLL declines all responsibility for the content of these sites. SKWOLL offers these links for information purposes only, the inclusion of such links does not imply that SKWOLL approves of their content. When you leave the Site and/or the Application, our TOS no longer apply. You are encouraged to review the applicable terms and policies, including privacy policies and data collection practices, of any third-party site, and make any investigation you deem necessary or appropriate before proceeding with any transaction with a third party.
Third-party advertising and promotion
SKWOLL may display advertisements and promotions of third parties on the Site and/or the Application. Your business dealings, correspondence or participation in promotions of advertisers other than SKWOLL, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SKWOLL is not responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site and/or the Application.
Trademark and other Intellectual Property Rights
You may not use SKWOLL’s trademarks, including trademarks and domain names, in connection with any product or service in any manner that is likely to cause confusion or give the impression that SKWOLL endorses the product or service in question. You may use the Marks only with the prior written permission of SKWOLL.
The Intellectual Property Rights and any other property right on the content presented by the Application and/or the Site (including, among others, software, graphics, images, videos, information as well as their selection and arrangement) remain the exclusive property of SKWOLL and/or the Partner Establishments and partners for the content for which they are responsible. The logos, graphics, page headers, button icons, texts and service names presented on the Application and/or the Site are part of SKWOLL’s commercial skin and are protected by SKWOLL’s Intellectual Property Rights. This includes all rights to the software associated with the Application and/or the Site. All Intellectual Property Rights, not expressly granted and applying to the content of the Application and/or the Site, are the property of SKWOLL and/or the Partner Establishments and Partners for the content for which they are responsible.
The domain name on which the Application and/or the Site are hosted is the exclusive property of SKWOLL. Users are not authorized to use or adopt a similar name for their own use.
SKWOLL grants Users a worldwide, free, limited, non-exclusive, non-transferable, non-sublicensable, non-exclusive, non-sublicensable, revocable license to use the Application and/or the Site for their personal, non-commercial purposes, as well as to display the content of the Application and/or the Site on their computer screen, smartphone or tablet, provided that they comply with the TOS. This free license covers only those parts and functionality of the Site and/or the Application that are not reserved to Registered Users or Members.
Any other use is excluded without the prior written consent of SKWOLL.
Users are authorized to use the Application and/or the Site only in accordance with Swiss law and any other law that may apply to them. Users may only make lawful use of the Application and any illegal or inappropriate use is excluded.
Users may not transfer to a third party any of their rights and obligations arising from these TOS without the prior written consent of SKWOLL.
Applicable law and place of jurisdiction
These TOS are governed by Swiss law, with the exception of the Swiss Federal Law on Private International Law.
Disputes arising from these TOS, including disputes concerning its validity, as well as disputes related to the use of the Application and/or the Site and directed against SKWOLL fall within the jurisdiction of the ordinary courts of Valais, with recourse to the Federal Court being reserved.
Crans-Montana, May 10, 2019.