General Terms of Use

NeoSpot Mobile Application 

1. NeoSpot

 

1.1. Introduction

 

The owner of the neospot.ch website and the NeoSpot application (or “app”) is NeoSpot Sàrl (hereinafter NeoSpot), registered in the Commercial Register under number CHE-410.658.479 and whose registered office is located at Allée Pic-Pic 12, c/o Kaufer de la Parra Seiman Becdaxis services, 1203 Geneva, Switzerland.

The company NeoSpot Sàrl aims at the referencing of nightlife establishments via a platform, the dissemination and promotion of their events, visibility and communication as well as the connection of all actors in the events sector. The company may carry out, on its own behalf or on behalf of third parties, all commercial, financial, industrial, securities and real estate transactions (with the exception of transactions prohibited by the LFAIE), directly or indirectly related to its main purpose, in Switzerland and abroad, open branches in Switzerland and abroad, and acquire shareholdings in other companies with a similar or related purpose.

 

1.2. Services

 

Our NeoSpot mobile application (referred to as the “Application”), the neospot.ch website and NeoSpot domains, including neospot-app.com, and all web pages, subdomains, national domain variants and subparts of these websites (collectively, our “Website”), all services available on or through the Application, Website or otherwise offered by us (including our programming interfaces), are provided and maintained by NeoSpot. We refer to these as our “Services”. Our Services are currently available to Users located in Switzerland and neighboring France.

 

2. Users

 

2.1. Users

 

We will collectively refer to Establishments, Individuals and other visitors and browsers of the Services as “Users” or “you”.

 

2.2. Establishments

 

Through its Services, NeoSpot provides a quick and easy way for registered “Establishments”, which may be bars, nightclubs, restaurants, cafés, hotels, theaters, boats and any other establishment, whether permanent or temporary, whose purpose is to welcome the public and offer beverage service, to promote their commercial activity to registered users, known as “Individuals”.

 

2.3. Individuals

 

Individuals, registered users of NeoSpot, access a directory of establishments via a search engine integrated into the Application, and are offered Events corresponding to their personal preferences (see Section 4). To take advantage of this Event recommendation feature, it is necessary to select one or more “preferences” from the predefined list, via the NeoSpot Application.

 

3. Our General Terms of Use

 

3.1. Application of our General Conditions of Use

 

These Terms of Use set forth the terms and conditions under which you may use NeoSpot’s Services. By using the Services in any way, you agree to abide by these Terms of Use without modification and thereby enter into a contract with NeoSpot. You acknowledge that you have read these terms and conditions before registering on the Application.

 

3.2. Your use of the Services

 

You may access and use the Services via our Application, our Website or any other NeoSpot platform (collectively, the “Applications”). This right to access and use the Applications may be revoked in accordance with Section 7 and NeoSpot may discontinue or modify the Applications as set forth in Section 11 below. The Applications are accessible 24 hours a day, 7 days a week, except in the event of force majeure, including but not limited to computer breakdowns, maintenance operations, updates or problems related to telecommunication networks.

NeoSpot hereby grants you the personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable right (in accordance with Section 7) to access and use the Services solely for the purposes of (a) if you are an Establishment, registering, browsing and searching, viewing and creating Events and Promotional Offers for the purpose of promoting your establishment and its business activity ; and/or (b) if you are an Individual, to register, browse and search, consult and, in all cases (i) in compliance with these General Terms of Use; and (ii) to the extent permitted by all applicable local, cantonal, regional, national and other laws, rules and regulations.

Notwithstanding the foregoing, you shall not and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, adapt or create derivative works of the Services, whether in whole or in part; (B) reverse engineer, disassemble or otherwise attempt to discover the source code or the structure and organization of all or any part of the Services; (C) rent, lease, resell, distribute, use the Services for any commercial purpose not contemplated by this section or exploit the Services in any unauthorized or inadvertent manner; (D) engage in any activity that would interfere with or disrupt the Services.

 

4. NeoSpot’s features

 

4.1. Registration of an Establishment

 

To register an Establishment on the NeoSpot application, you need to create a profile page. The fields to be filled in are as follows:

    • Establishment name;
    • Textual description;
    • Postal address;
    • Type (to be selected from a predefined list);
    • Website URL;
    • Profile name / ID on Instagram, Facebook, and Twitter social networks;
    • Corresponding establishment criteria (to be ticked from a predefined list);
    • Opening hours (to be defined for each day);
    • Logo ;
    • Photos (up to 10 images);
    • Drink menu or beverage list (up to 10 images);
    • Specialties (up to 10 images);
    • New items (up to 10 images).

Registration for the NeoSpot application also requires contact details for the person in charge of the establishment and the submission of accurate information to NeoSpot Sàrl (see Section 7).

The contact details of the establishment manager requested by NeoSpot at the time of registration are as follows:

    • First name and last name;
    • Email address;
    • Country and region;
    • Password to define and confirmation of this password (must be identical to the first one).

The collection, processing and protection of personal data of establishments managers comply with NeoSpot’s Privacy Policy.

Establishment validation time by NeoSpot is random. NeoSpot undertakes to process new Establishment registration requests promptly, but is in no way responsible for the processing time. NeoSpot reserves the right to contact the Establishment’s manager for any information relating to its registration and the right to refuse the registration of an Establishment at its sole discretion.

Once validated by NeoSpot, the Establishment and the information it has previously entered concerning its establishment (and not the information concerning the manager of the establishment, which will remain hidden) will be visible on the Application to all Users, in the form of a profile page. The Establishment will then be ready to benefit from the functionalities of the Services. By registering with NeoSpot, the Establishment accepts that all the data it has provided for its registration and that it will provide in the future on the Application, may be used by NeoSpot for commercial, advertising and communication purposes.

 

4.2. Adding a Promotional Offer

 

Establishments are encouraged to add promotional offers directly via the Application, using the Promotional Offers Manager, under the Profile tab.

By “Promotional Offer” we mean a discount or free offer on a specific product sold by the Establishment. Each Establishment is free to create an offer and to choose its quantity and duration. This is a specific means of communication for Establishments, designed to increase their attractiveness to Individuals.

Once a promotional offer has been created, it is visible on the Application and can be relayed via NeoSpot’s official channels (newsletter, social networks, etc.) and advertised to Users (see Section 6).

NeoSpot is in no way responsible for the nature of the offer proposed by the Establishments, its quantity or its lifespan. The Establishment is solely responsible for the promotional offers it wishes to propose to NeoSpot Users, as well as for the running of these offers.

 

4.3. Creating an Event

 

Registered Establishments are encouraged to create “Events” on the NeoSpot application. By the term “Event”, we mean a physical event that will take place at the address indicated in the Establishment’s registration form (under the “Address” field).

Establishments can create an Event by providing its title and date, selecting its mood from a pre-established list, adding an image relating to the event (flyer or other promotional visual) and certifying that the Establishment is indeed authorized to organize this Event in its establishment. If it so wishes, the Establishment can tick the “Reservation” box to indicate to Users that a reservation for its event is recommended or required.

Once the Event has been created, it is visible on the NeoSpot application and may benefit from NeoSpot’s partial or total digital communication, i.e. sharing on NeoSpot’s social networks, sending emails and notifications of recommended events to the Application’s Users and other advertising actions, in order to promote the aforesaid Event to a wide audience (see Section 6).

The Event created by the Establishment appears therefore on its profile page, then as “Event in progress” when it is actually taking place, and once past, the Event is displayed as “Past Event” (if accepted by the Establishment via a checkbox).

Under no circumstances does NeoSpot guarantee Establishments a minimum amount of publicity for their profile page or Event(s). Unless otherwise specified, NeoSpot is not the organizer of Events promoted on the Application by Establishments. NeoSpot provides the Services that enable Establishments to list and promote their Event(s). The Establishment is solely responsible for ensuring that any Event published on the Application is authorized in nature and that the conduct of the Event in question complies with all applicable local, cantonal, regional, national and other laws, rules and regulations.

 

4.4. Search Engine

 

The purpose of the search engine integrated into the NeoSpot Application is to make it easier for Users to find an Establishment, based on criteria, filters and a search bar. NeoSpot shall in no way be held responsible for the order in which Establishments appear on the results page, in the “Events for you” and “New on NeoSpot” sections, nor for their visibility in general on the Application. Therefore, NeoSpot does not guarantee the visibility of your Establishment and/or Events in the aforesaid sections. The same applies to notifications sent automatically to Users.

 

4.5. Registration of an Individual

 

Access to the NeoSpot Application does not necessarily require the creation of an account for Individuals. However, in order to fully benefit from the Services available on the Application (including event suggestions based on a choice of preferences), NeoSpot strongly recommends creating an account. For security and communication purposes, NeoSpot requests the following information when registering as an Individual:

    • Username;
    • First name and last name;
    • Email address;
    • Country and region;
    • Password to define and confirmation of this password (must be identical to the first one);
    • Event preferences (to select from a predefined list).

The collection, processing and protection of personal data of Individuals comply with NeoSpot’s Privacy Policy.

 

4.6. Personal Area

 

The personal area of the Application is a private and personalized space in which the registered User may in particular :

    • Access search engine services (Spots tab);
    • Navigate through Establishments profile pages;
    • Access Events (NeoEvents tab);
    • View and modify personal information (Individuals);
    • View and modify establishment and manager information (Establishments);
    • Create new Events (Establishments);
    • Add Promotional Offers (Establishments);
    • Save Establishments and/or Events as “Favorites”;
    • Share the NeoSpot Application, an Event and/or a Establishment;
    • Add an un Event to your device calendar;
    • Log out;
    • Delete your account.

This area can be accessed from the NeoSpot Application by logging in on the home page.

Access to this area requires the use of an email address and the associated password. These are personal and strictly confidential, and may not be communicated to third parties. NeoSpot declines all responsibility arising from the communication of these data to third parties (see Section 7).

 

4.7. Establishments Consent

 

Practical information about the Establishment and information about Events and Promotional Offers created by the establishment are explicitly provided on the Application by the establishment (by various fields to be filled in) and are intended to be visible to all Users of the Application. By registering with NeoSpot, you declare that you give your consent for your Establishment’s profile page and the Events and Promotional Offers you create on the Application to be visible to all Users registered on the Application.

This consent also implies that this information may be the subject of third-party communication (outside the Application), such as being included in emails from NeoSpot or shared via NeoSpot’s social networks, for advertising purposes, in the interest of the establishment, and only in a factual manner (for example, by sharing an establishment’s event flyer on NeoSpot’s Instagram page). We would like to emphasize that this is not personal data, but only information used to promote establishments, their events and their promotional offers. The purpose of processing this information is promotional and intrinsically linked to the NeoSpot concept.

For more information about personal data, please refer to the Application Privacy Policy.

 

4.8. Translation

 

The NeoSpot application has been developed in three (3) languages: French, English and German. The User has the choice of selecting one of these three languages when using the Application.

NeoSpot also uses an automatic translation service (DeepL) for customizable texts (such as establishment descriptions). Although this service is robust, it offers a literal translation of the original text. Therefore, the displayed translation may be subject to some awkwardness or errors, for which we apologize in advance.

 

5. Fees and Additional Services

 

5.1. Fees

 

The registration of Establishments and Individuals on the NeoSpot application is free and without commitment. However, NeoSpot reserves the right to subsequently offer a premium package for Establishments, which includes advanced features of the Services for communication and promotion of their commercial activity on the Applications. The General Terms and Conditions of Sale will be created upon the launch of the aforementioned premium package.

 

5.2. Additional Services

 

Upon request, NeoSpot may provide Establishments with additional services beyond the basic features of the Applications, including but not limited to marketing, communication, advertising, and promotional services. These additional services, whether provided before, during, or after the registration of the Establishment, will be considered part of the Services and subject to all terms and conditions of these General Terms of Use. These additional services will be outlined in the General Terms and Conditions of Sale, which will specify the applicable fees and other general terms related to these additional services.

 

5.3. NeoNews

 

The newsletter called “NeoNews” is sent free of charge once a week to all Users who have expressly subscribed to this NeoNews newsletter. The NeoNews consists of an email suggesting and promoting five (5) Events published by the Establishments on the Application. The purpose of this free newsletter is to inform Users about the Events currently organized by the Establishments in a random and unbiased manner. The selection of the five (5) Events included in NeoNews is entirely random, objective, and impartial. No payment will be accepted to feature an Event in this specific section of NeoNews.

The NeoNews also aims to keep Users informed about NeoSpot’s news, new features offered on the Application, and to present Users with a set of quality, entertaining, and enriching content.

With your consent (by clicking the “Yes, I’m in” button), NeoNews is sent to the email address you provide during your registration. You can unsubscribe from this newsletter at any time by clicking the “Unsubscribe” link available at the end of the newsletter. From that moment, you will no longer receive NeoNews. NeoNews is sent from the following email address: neonews@neospot.ch. This email address is a “no reply” address, meaning no response will be given to User emails in reply to NeoNews. For any contact or information requests, we encourage you to send your message to info@neospot.ch (see Section 6).

 

6. Communication and Emails

 

6.1. Support and contact

 

NeoSpot is committed to providing quality customer service and maintaining clear and transparent communication. In the case of a technical issue with the Services on the mobile Application, and to ensure efficient handling of your request, we ask you to use the following email address: support@neospot.ch. Please note that instant messaging platforms (including but not limited to WhatsApp, Messenger, and Instagram) are not communication channels guaranteed by NeoSpot. Therefore, for any contact or information requests, we encourage you to send your message to info@neospot.ch.

 

6.2. Notifications & Geolocation

 

For a personalized experience, the Application offers Users the option to receive notifications (event reminders, event suggestions, news) and to enable geolocation (search engine).

The sending of notifications and the activation of geolocation are based on your consent. For more information on how NeoSpot manages notifications, please refer to the Application’s Privacy Policy.

     

    7. Account, Password and Security

     

    7.1. Registration

     

    As part of the registration process for both Establishments and Individuals, you agree to (a) provide true, accurate, current, and complete information about yourself (referred to as “Registration Data”); and (b) maintain and promptly update this Registration Data to keep it true, accurate, current, and complete.

    In the case of a dispute between two or more parties regarding account ownership, you agree that NeoSpot will be the sole arbitrator of such a dispute at its discretion, and that NeoSpot’s decision (which may include termination or suspension of any account subject to the dispute) will be final and binding on all parties involved.

     

    7.2. Exclusion and Termination

     

    NeoSpot reserves the right to ban a registered Individual or a listed Establishment on the NeoSpot Application without prior notice and at its sole discretion.

     

    7.3. Security

     

    You are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities that occur under your account. You agree to immediately notify NeoSpot of any unauthorized use of your password, your account, or any other security breach.

     

    7.4. Alcohol Consumption

     

    You acknowledge and agree that all communications from NeoSpot’s Services (on any medium) shall in no case be held responsible for your alcohol consumption. This provision also applies to Establishment pages (as well as their promotional offers) and Events on the Application. It is understood that NeoSpot Sàrl disclaims any responsibility regarding the provision of alcoholic beverages (even if it is in any way, directly or indirectly, related to the Services), including for minors: it is the responsibility of each establishment to enforce the appropriate age restrictions based on the type of beverages they offer for sale within their establishment.

     

    8. Content

     

    8.1. Content of the Applications

     

    All material, including but not limited to information, data, text, editorial content, design elements, presentation, layout, statistics, graphics, images, photos, videos, music, sounds, and any other content (collectively referred to as the “Content”), present in or provided through the Services or made available in any other manner by NeoSpot in the context of the Services, is protected by trademark rights, trade secrets, and other laws and property rights.

    You agree that the Content included or made available through the Services is the exclusive property of NeoSpot and is therefore protected by copyright laws. Except with explicit written permission from NeoSpot or as part of the authorized use of the Services’ intended functionality, you agree not to sell, rent, license, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, create derivative works from the Content, or publish the Content on any other website, mobile application, or computer network for any purpose. You must use the Content only for purposes authorized by these General Terms of Use and in accordance with all applicable local, cantonal, regional, national, and other applicable laws, rules, and regulations. All rights not explicitly granted in these terms are reserved.

     

    8.2. Your Content

     

    By this provision, you grant NeoSpot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license or right to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on Your content (the content related to the Services that you provide and disclose), in whole or in part, on any medium, for the operation of the Services (including NeoSpot’s promotional and marketing services).

    You represent and warrant that you have all necessary rights, powers, and authority to grant the license above and that all of Your content (a) does not infringe upon, violate, misappropriate, or conflict with the rights of any third party; (b) complies with all applicable local, cantonal, regional, national, and other applicable laws, rules, and regulations; and (c) does not violate the Terms of Service, including, without limitation, these General Terms of Use and the Privacy Policy. Additionally, Your content must be accurate, true, and correct. NeoSpot reserves the right to remove Your content from the Services at any time if it believes, at its discretion, that it violates these General Terms of Use. Furthermore, you agree that NeoSpot may use (a) if you are an Individual, your username and your activities on the Application and (b) if you are an Establishment, your name and logo for the purpose of identifying you as a current or past client of NeoSpot both in the Services and in marketing, advertising, and promotional materials.

     

    9. Behaviour

     

    9.1. Certain restrictions

     

    All interactions within the Applications must comply with NeoSpot’s General Terms of Use. To the extent that your behaviour, at our sole discretion, restricts or prevents any other User from using or enjoying any aspect of the Applications, we may limit your use of the Services, ban your NeoSpot account (see Section 7), or seek other remedies.

     

    9.2. Certain recourse rights

     

    You acknowledge and agree that NeoSpot may retain and disclose Your content and account information if required by law or to respond to any requests from public authorities and courts to (a) comply with a legal process; (b) respond to claims that any of Your content violates the rights of third parties; (c) enforce or administer these General Terms of Use; (d) protect the rights, property, and/or personal safety of NeoSpot, its Users, and/or the public, including fraud prevention.

     

    10. Links to Third-Party Websites

     

    The Services contain references and links to other websites (including but not limited to social media pages and third-party websites). You acknowledge and agree that NeoSpot shall not be responsible for the availability of these websites or resources, shall not endorse, and shall not be responsible for any content, advertising, products, services, or other materials on or available from these websites or resources, or for any damage or loss related to them, even if these websites or resources are linked to NeoSpot’s partners or third-party service providers.

    Access to and use of these websites are at the Users’ own risk. NeoSpot expressly states that it has no influence over the form, content, and offerings of the websites to which it refers. All personal data processed by these third-party websites is subject to their own privacy policies, which you should carefully read and accept, if applicable. The information and services offered by these websites are the sole responsibility of their authors and/or owners. NeoSpot disclaims all liability for such websites.

     

    11. Limitation of Liability

     

    The Applications and their content are provided “as is” and “as available”. NeoSpot disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.

    Despite the great care taken to ensure the accuracy of the information disseminated on the Applications, NeoSpot assumes no responsibility for the fidelity, accuracy, and reliability of this information. NeoSpot does not guarantee that the Applications are free from errors, provide uninterrupted access, or yield specific results from the use of the Applications or concerning any content, search, or link on them. NeoSpot cannot guarantee that files downloaded from the Applications will be free from viruses or will not contain contaminating or destructive features.

    NeoSpot expressly reserves the right to modify in part or in whole the content of the Applications, to delete it, or to temporarily suspend its dissemination, at any time and without prior notice.

    NeoSpot shall not be liable for any damages of any kind resulting from the use of these Applications, including, without limitation, direct, indirect, material, immaterial, and consequential damages that may result from accessing the disseminated information or from its use or non-use, from misuse of the connection, or from technical problems.

    Although we strive to ensure that the Applications remain operational at all times, NeoSpot shall not be liable for interruptions in service due to essential maintenance operations, system upgrades, Internet service interruptions, or any other factors beyond our control. In no case shall NeoSpot be liable for any material or immaterial damages, any indirect or consequential loss, or any loss (whether incurred directly or indirectly) of profit, business activity, revenue, clientele, reputation, or business opportunities.

     

    12. Disclaimer

     

    Each Establishment assumes full responsibility for the information it provides on the Application, and NeoSpot is in no way responsible for syntactic, spelling, conjugation errors, or substantive or formal errors (including visual elements and promotion of Events). It is the responsibility of each Establishment to keep its profile up to date and to modify it according to its activity. Emails and notifications from NeoSpot may be sent to Establishments to remind them to update their profile (holidays, vacations, etc.). In other words, NeoSpot is not responsible for the information published by Establishments on the Application (profile page, events, promotional offers, etc.). It is the responsibility of each Establishment to verify the accuracy, integrity, and relevance of the information provided on the Application.

     

    13. Data Protection

     

    NeoSpot is committed to protecting your privacy. We refer you to the NeoSpot Privacy Policy to understand how your personal data is collected, processed, and protected by NeoSpot.

     

    14. General Provisions

     

    NeoSpot reserves the right to modify and update these General Terms of Use at any time, in view of the evolution of its Services and to meet regulatory requirements. Each new version of the General Terms of Use, dated, shall enter into force from the date of its publication on the Applications.

     

    15. Trademark

     

    NeoSpot, its Applications, and all of its design (including but not limited to its logo and graphic charter) are registered trademarks of NeoSpot Sàrl. Anyone engaging in their representation, reproduction, integration, dissemination, or rebroadcasting shall incur the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code. All rights reserved.

    All material, including but not limited to information, data, text, editorial content, design elements, presentation, layout, statistics, graphics, images, photos, videos, music, sounds, and any other content (collectively referred to as the “Content”) present in or provided via the NeoSpot Applications are protected by trademark rights, trade secrets, and other laws and property rights.

    You agree that the Content included or made available through the NeoSpot Applications is the exclusive property of NeoSpot and is therefore protected by copyright laws. Except with explicit written permission from NeoSpot or as part of the authorized use of the intended functionality of the NeoSpot Applications, you agree not to sell, rent, license, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, create derivative works from the Content, or publish the Content on any other website, mobile application, or computer network for any purpose. You must use the Content only for purposes authorized by these General Terms of Use and in accordance with all applicable local, cantonal, regional, national, and other applicable laws, rules, and regulations. All rights not explicitly granted in these terms are reserved.

     

    16. Applicable Law

     

    These General Terms of Use are governed by Swiss law. The place of jurisdiction and registered office of the company is Geneva. Therefore, for any dispute, only the courts of Geneva shall have jurisdiction.

     

    17. Contact us

     

    For any questions regarding the terms of use of the Application, the processing of personal data by NeoSpot Sàrl, and for any other inquiries, you can contact us at the following email address: info@neospot.ch.

     

    All rights reserved – July 23, 2024