General terms and conditions of use

Clause 1 – Definitions

For the purposes of these General Terms and Conditions (the "Terms"), the following capitalised terms shall have the meanings set out below, whether used in the singular or the plural:

(a) "Smappo" or the "Operator": Smappo Ltd, owner and operator of the Platform;

(b) "Platform": the website, applications and IT services made available by Smappo, including the widget and links provided to Organisers;

(c) "User": any natural or legal person who accesses or uses the Platform, in any capacity;

(d) "Organiser": a User who publishes an Event on the Platform and who is solely responsible for it;

(e) "Attendee": a User who registers for an Event or purchases a Ticket, for themselves or on behalf of third parties;

(f) "Event": the initiative, held in person or online, published by an Organiser on the Platform;

(g) "Ticket": the entitlement to attend an Event, whether free of charge or paid, issued through the Platform on behalf of the Organiser;

(h) "Service Fees": the charges payable for the payment and ticketing service, as stated before the purchase is confirmed;

(i) "Consumer": a natural person acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.

Clause 2 – Scope and acceptance

2.1. These Terms govern access to and use of the Platform by Users. By using the Platform, registering for an Event or creating an account, the User acknowledges that they have read and accepts these Terms in full, in the version in force from time to time.

2.2. Organisers and ambassadors are further bound by the Terms for Organisers and the Terms for Ambassadors respectively, which supplement these Terms. In the event of conflict, the specific provisions shall prevail.

2.3. The processing of personal data is governed by the Privacy Notice; the use of cookies and similar technologies is governed by the Cookie Policy.

Clause 3 – Role of Smappo

3.1. Smappo provides solely a technological intermediation service enabling Organisers to publish Events, collect registrations, issue Tickets and receive the related payments. Smappo does not organise, promote on its own account or manage the Events published on the Platform.

3.2. Each Event is organised, and each Ticket is sold, by the Organiser named on the Event page, acting in its own name and on its own behalf. The contract for attendance at the Event is concluded exclusively between the Attendee and the Organiser; Smappo is not a party to that contract and acts as ticketing service provider on behalf of the Organiser.

3.3. Information relating to Events (including dates, venues, programmes, prices and admission conditions) is supplied by Organisers under their sole responsibility. Smappo does not verify in advance its accuracy, completeness or lawfulness.

Clause 4 – Accounts and registrations

4.1. Registration for an Event is possible without creating an account. Creating an account is reserved to persons who have reached the age of majority and have full legal capacity. The User warrants that the information provided is accurate and kept up to date.

4.2. The User is solely responsible for safeguarding their login credentials and for all activity carried out through their account, and undertakes to notify Smappo promptly of any unauthorised use.

4.3. A User who registers third parties for an Event represents and warrants that they are duly authorised to do so, that they have provided those persons with the information on the processing of personal data and that they are entitled to disclose their data to the Organiser, and shall indemnify Smappo against any claim in that respect. Minors shall be registered by, or with the consent of, the person holding parental responsibility.

4.4. The User may request the deletion of their account at any time from the profile page, subject to the conditions stated there.

Clause 5 – Paid Tickets, prices and payments

5.1. Payments are processed by Stripe, as payment service provider, and credited directly to the account of the Organiser, who is the seller of the Ticket. Smappo does not at any time hold the sums paid by Attendees, save for the Service Fees and any shares due to ambassadors.

5.2. The price shown before payment is confirmed is the total final price, inclusive of any applicable Service Fees and of all taxes due by law. Where the Service Fees are borne by the Attendee, they are shown separately in the order summary.

5.3. To allow the form to be completed and payment to be made, the Platform may temporarily reserve the requested places for a limited period, as indicated to the User. If the order is not completed within that period, the places become available again without any charge.

5.4. Tickets issued through the Platform do not constitute fiscal admission tickets. All tax obligations relating to the sale, including any obligation to issue fiscal tickets, rest solely with the Organiser.

5.5. Discount codes are issued by Organisers, or by ambassadors with their authorisation, apply only to the Tickets for which they were created, may not be combined unless otherwise stated and are not redeemable for cash.

Clause 6 – Exclusion of the right of withdrawal

6.1. Pursuant to Article 16(l) of Directive 2011/83/EU and the national provisions implementing it (including regulation 28(1)(g) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the United Kingdom), the right of withdrawal does not apply to contracts for the provision of services related to leisure activities where the contract provides for a specific date or period of performance. Accordingly, the Consumer may not exercise a right of withdrawal in respect of the purchase of a Ticket for an Event taking place on a specific date.

6.2. This is without prejudice to the rights granted to the Attendee under Clause 7 and under applicable mandatory law.

Clause 7 – Cancellation of registrations and refunds

7.1. Free registrations may be cancelled by the Attendee, using the link received in the confirmation email, until the start time of the Event.

7.2. Paid Tickets may not be cancelled by the Attendee unilaterally. Requests for cancellation and refunds must be addressed to the Organiser, who shall decide in accordance with the conditions stated before purchase. Where the Organiser has made Tickets refundable on request within a set period, the request may be submitted through the Platform within that period.

7.3. Where the Organiser grants a refund: (i) if the Service Fees were borne by the Attendee, the price of the Tickets is refunded, excluding the Service Fees; (ii) if the Service Fees were included in the price, the refund is made net of the costs of processing the payment and the refund. The applicable rule is communicated to the Attendee before payment.

7.4. If an Event is cancelled, the Organiser shall notify Attendees through the Platform and arrange refunds in accordance with this Clause, remaining solely liable towards Attendees.

7.5. The time taken for a refund to be credited depends on the payment service provider and the card issuer and is normally between five and ten business days.

Clause 8 – Waitlists

Where an Organiser has activated a waitlist, joining it confers no right to be allocated a place. Any place that becomes available is offered in the manner determined by the Organiser and held for the period stated in the relevant notification, after which the offer lapses.

Clause 9 – User obligations and prohibited uses

9.1. The User undertakes to use the Platform in compliance with the law, these Terms, public decency and the rights of third parties.

9.2. It is expressly prohibited to: (a) use the Platform for unlawful or fraudulent purposes; (b) resell Tickets for speculative purposes or above face value; (c) publish or transmit false, misleading, defamatory or discriminatory content or content infringing the rights of others; (d) circumvent or attempt to circumvent the technical security measures of the Platform; (e) extract, collect or reuse by automated means (including, without limitation, scraping, crawlers or bots) content, Events or data of Organisers and Attendees, or use them to compile lists or send commercial communications, without Smappo's prior written consent. Indexing and consultation by search engines and by search or assistant services based on artificial intelligence, within the limits set by the robots.txt file, and use of the widget and links provided by Smappo to Organisers, are permitted.

9.3. In the event of a breach, Smappo reserves the right to suspend or terminate the User's access to the Platform, without notice where the seriousness of the breach so warrants, and to suspend or remove the Events and content concerned, stating its reasons where required by law.

Clause 10 – Notice of illegal content

10.1. In accordance with Regulation (EU) 2022/2065 (Digital Services Act), any person may notify Smappo of content on the Platform which they consider illegal by writing to hello@smappo.com and providing: an explanation of the reasons why the content is considered illegal, the exact location of the content, their name and email address (save where otherwise provided by law) and a statement confirming their good-faith belief that the information provided is accurate and complete.

10.2. Smappo shall process notices in a timely, diligent and objective manner and inform the notifier of its decision. A User affected by a restrictive measure shall receive a clear and specific statement of reasons and may lodge a complaint through the Platform's support system.

10.3. Single point of contact for authorities and Users: hello@smappo.com. Languages accepted: Italian, English, French, German and Spanish.

Clause 11 – Intellectual property

11.1. The Platform, software, trade marks, distinctive signs, graphics and content prepared by Smappo are the exclusive property of Smappo or its licensors and are protected by intellectual and industrial property laws. Any reproduction or use not expressly authorised is prohibited.

11.2. Content published by Organisers and other Users remains their property. By publishing it, they grant Smappo a non-exclusive, royalty-free, worldwide licence, for the duration of publication, to reproduce, technically adapt and communicate such content to the public for the sole purpose of providing and promoting the service.

Clause 12 – Limitation of liability

12.1. Smappo shall use the professional diligence required to ensure the availability, security and proper functioning of the Platform, without however warranting that it will be free from interruptions, delays or errors, including those due to maintenance, failures of third-party services or force majeure.

12.2. To the fullest extent permitted by applicable law, Smappo shall not be liable for: (a) the holding, postponement, modification or cancellation of Events, or their conformity with what was advertised, which remain the sole responsibility of Organisers; (b) indirect or consequential loss, loss of profit or loss of opportunity; (c) loss arising from acts attributable to the User, to third parties or to payment service providers.

12.3. The limitations in this Clause shall not apply in cases of wilful misconduct or gross negligence by Smappo, death or personal injury, or where the law does not permit the exclusion or limitation of liability. The mandatory rights of Consumers are in all cases unaffected.

Clause 13 – Force majeure

Smappo shall not be liable for any failure or delay in performing its obligations resulting from events beyond its reasonable control, including, without limitation, natural disasters, epidemics, acts of public authorities, war, civil unrest, failures of telecommunications or power networks, cyber-attacks and failures of third-party services.

Clause 14 – Amendments to the Terms

14.1. Smappo reserves the right to amend these Terms for valid reasons, including the development of the service and changes in the law. The version in force is always published on this page, stating the date of update and the version number.

14.2. Material amendments shall be notified to registered Users with reasonable notice. Amendments shall not apply to registrations and purchases already completed, which remain governed by the version in force at the time they were concluded.

Clause 15 – General provisions

15.1. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.2. No failure by Smappo to exercise any right shall constitute a waiver of that right.

15.3. These Terms are drawn up in Italian and translated into other languages for convenience. In the event of any discrepancy between versions, the Italian version shall prevail, save as otherwise provided by mandatory consumer protection law.

Clause 16 – Governing law, jurisdiction and complaints

16.1. These Terms are governed by the law of England and Wales. Where the User is a Consumer, the choice of law shall not deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

16.2. Disputes with Consumers shall be subject to the courts of the Consumer's place of residence or domicile, where mandatory law so provides. Any other dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.3. Complaints and requests may be submitted through the Platform's support system or to hello@smappo.com. Consumers may have recourse to the out-of-court dispute resolution procedures provided for by applicable law.