CONDITIONS OF USE OF THE PLATFORM
This document describes the use of the "Lugano Convention and Exhibition" platform (hereinafter the "Platform"), consisting of the website http://www.luganoconventions.com (hereinafter the "Site") and the resources connected to it.
Paragraphs A and B specify the ownership of the Platform, the coordinates for communications and describe the mechanism for acceptance and amendment of this document. The conditions for accessing and using the Platform and its functions are described in paragraph C. Finally, paragraph D regulates the substantive law applicable to the legal relationship between the parties and establishes the court of jurisdiction in the event of a dispute relating to that relationship.
The policy on the processing of personal data and cookies relating to the Platform, with consequent information to the user, is described in a separate document, accessible from this link: https://luganoconventions.com/en/privacy-policy. This document shall be deemed to be reproduced and supplemented in its entirety herein.
If a contract is stipulated with the City of Lugano following the use of the Platform, the special and general contractual conditions relating to this legal relationship are reserved, which, in case of divergence, will be pre-eminent. "User" means any person, individual or legal entity, who uses the Platform. "Promoter" means any user, individual or legal entity, who reports or organises events intended for publication on the Platform.
- PLATFORM OWNER AND COMMUNICATIONS
The Platform is owned by the Municipality of Lugano (CH) (hereinafter the "Owner") and is managed by the Events and Congresses Division of the City of Lugano.
All communications must be made in writing and shall be considered valid and effective upon receipt of the same, if made by ordinary mail, respectively at the time of sending the reading confirmation, if made by e-mail.
- Città di Lugano, Eventi e congressi, Piazza Indipendenza 4, CH-6900 Lugano
- E-mail: firstname.lastname@example.org
- Phone: +41 (0)58 866 66 30
- ACCEPTANCE AND AMENDMENT OF THE TERMS AND CONDITIONS
By using the Platform, the user accepts the terms and conditions in force at the time of access. The current version can be viewed by clicking on the link at the bottom of the Site. It is the user's responsibility to carefully check the status of the terms and conditions before accessing the Platform, as the Owner's right to update this document at any time and at its own discretion is reserved, in particular according to the evolution of the applicable law, the functionalities, as well as the services and products made available to the user.
- CONDITIONS OF USE OF THE PLATFORM
The Platform is intended to support and develop social, cultural and congress activities in the Lugano region. The platform was conceived to offer users a quick and simple tool to organise a public or private event at the spaces owned by the Municipality of Lugano.
It should be noted that the Municipality of Lugano only rents its own spaces, so that any service of a different nature is deemed to be provided by a third-party supplier (with respect to the Municipality of Lugano) by virtue of a contract between the user and that third-party supplier under the exclusive responsibility of the latter. This is also the case if the quotation of the third-party supplier is integrated into the "Services" column of the offer prepared by the Municipality of Lugano.
- The Platform provides information free of charge
The Platform is purely informative and free of charge. It is therefore made available without restrictions and guarantees, i.e. in a completely discretionary and optional manner, by the Municipality of Lugano.
- Hyperlinks policy
The Owner authorises, reserving the right of revocation at any time, hyperlinks to the home page of the Site or to social profiles, provided that such links are not in any way detrimental to the image of the Platform, the Owner and its bodies, managers and staff.
Hyperlinks to the internal pages of the Site, downloading and incorporation, partial or complete, of the contents of the Platform into other sites or online and/or offline resources are prohibited and will be prosecuted civilly and criminally, unless a written license is issued by the Owner.
- Platform Tools and Content
Online quotation request form for events and congresses ("Configurator")
The offer communicated to the user on the basis of the data entered in the online form is binding within the limits and conditions (in particular in terms of duration) set out (in order of precedence) in the written offer, the associated general terms and conditions and this document.
Any offer and/or service provided by third-party suppliers (with respect to the Municipality of Lugano), and any service other than the sole rental of the spaces where the event is organised, is outside the contractual relationship between the user and the Municipality of Lugano. The user acknowledges and accepts that the Municipality of Lugano assumes no responsibility for such third-party services, even if they are based on the data entered by the user in the online form and/or conveyed by the Platform, for example in the field of catering, musical entertainment and promotional activities.
Events and contents from the website www.luganoeventi.ch
The Owner does not organise, exercise any control over or carry out preventive checks in relation to public and private events (and related information) published on the Platform's page https://luganoconventions.com/en/visit/whats-on. Such events are organised and reported by third-party promoters under their sole responsibility.
The user must not rely on said contents without adequate direct verification with the event organiser, since the Municipality of Lugano does not issue any guarantee of quality, completeness and/or correctness for events organised by third-parties.
For further details on the terms and conditions of use relating to events and content from www.luganoeventi.ch (including limitations of liability for the benefit of the Owner), please refer to the terms and conditions of use of the corresponding site, available at https://luganoconventions.com/en/privacy-policy (to which reference is made), which form an integral part of this document.
Intellectual Property on the Platform
The Owner holds the full and exclusive intellectual property on the individual components of the Platform, its graphics, databases and contents, as well as on logos and names protected by law, as well as registered and unregistered trademarks (if indicated). Any use by third-parties not supported by a legal or contractual license of use, in the latter case in written form, is unlawful and liable to civil and criminal prosecution.
Content from social media and other public sources
The Owner will publish on the Platform images and content selected by his collaborators or transmitted by users or from external online resources. If the author of the images and/or contents considers that they are protected by Swiss copyright law (CopA), the Owner is available to settle the matter. Please write to email@example.com providing the link to the material, your personal data and proof of your entitlement as author or copyright holder.
In case of protection, the author may, at his or her choice, request the inclusion of the social media icon and the link to his or her profile or the mention of his or her author status or the deletion of images and/or content from the Platform.
- Obligations of the Owner and limitations of liability
The Owner makes the Platform and related resources available to users on a purely voluntary basis. The availability of the Platform therefore does not confer any right to the provision of goods or services, nor to the maintenance of the Platform.
The Owner reserves the right to suspend, modify or interrupt, at any time, without notice and at his discretion, the availability of the Platform and its contents.
The Owner also reserves the right to exclude specific users and/or content from the Platform and the resources connected to it, in particular where there are indications of activities or conduct that do not comply with this document.
Limitation of liability
Any liability of the Owner is excluded in case of malfunctioning or unavailability of the Platform and connected resources due to external events (e.g.: internet network interruptions, malfunctions of the user's devices, cyber-attacks, blackouts, etc.) or within the scope of ordinary or extraordinary maintenance work. In case of urgency during periods of temporary unavailability of the Platform, the user may contact the Owner by phone or e-mail.
- Links to sites, resources and online services outside the Platform
The Platform integrates links to sites, resources and online services outside of its domain, for example to acquire real-time data and to display information (for example, images, news and videos). The Owner has no control over these sites and resources, in particular from the point of view of security, quality of the information received and data protection, and therefore declines any responsibility for any malfunctions, unavailability, damage or loss resulting from the use of / reliance on any content, goods and / or services from third-party sources or available on sites and resources outside the domain http://www.luganoconventions.com/.
- General rules of conduct
Users undertake to use the Platform (and related resources) in a lawful manner, respectful of the rights of the Owner and third-parties, and in accordance with this document.
In particular, they undertake to:
- communicate complete, up-to-date and truthful data and information, in particular in the online quote request form for events and congresses;
- not to use the Platform (and related resources) and the information contained therein to commit unlawful, fraudulent or harmful acts of third-party rights;
- not to post or share, directly or indirectly through links, misleading, illegal, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate content;
- not to insert or share, directly or indirectly through links, data, images, videos, or photographs related to third-parties without obtaining explicit consent;
- not to insert or share, directly or indirectly through links, any content that infringes industrial and intellectual property rights or the rules in force on the protection of personal data;
- refrain from the dissemination and distribution to third-parties of the Platform contents without the prior written authorisation of the Owner;
- not interfere or attempt to interfere with the activity of the Platform or hinder the usability of the services by other users;
- ensure that their IT devices are protected (e.g. by anti-virus software and firewalls) and free of malicious elements (such as malware, viruses, trojan horses, etc.);
- communicate personal data through the computer platform only with the prior and express consent of the persons concerned, after having fully informed them about the processing of related personal data.
Each user undertakes to indemnify and hold harmless the Municipality of Lugano and/or its bodies, managers and staff from any damage and/or loss of profit, whether economic or moral, resulting from the illicit use and/or non-compliance with these provisions of the Platform and related resources.
- Exclusion of users and/or content from the Platform
The Owner reserves the right, at its sole discretion, to restrict, partially or completely, the access and / or use of the Platform and the information and resources connected to it, as well as to delete content without notice, in particular when there are indications of potential activities or behaviour that do not comply with this document.
- APPLICABLE LAW AND JURISDICTION
The legal relationship between the user and the owner of the Site with regard to access and use of the Site (and related resources) is governed by Swiss substantive law, subject to cantonal law where applicable and excluding the rules of private international law.
The parties choose the Lugano District Court (TI) as the exclusively competent Court in the event of a dispute arising out of or simply connected with the use of the Platform (and related resources), subject to any mandatory rules of law imposing a different jurisdiction. The Municipality of Lugano reserves the right to refer the competent judge to the user's headquarters, branch or home.
Date of entry into force: 30.05.2020