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PREAMBLE

Smartbox Group Ltd, (hereinafter, “Smartbox”), a company incorporated in Ireland, with registered office at Joyce’s Court, Block A, Talbot St, Dublin 1, D01 FV59, Ireland, registered in the Irish Companies Register under number 463103, issues and markets Experience Gifts, on behalf of its partners which provide the services offered in the Experience Gifts.

The purpose of these General Terms and Conditions of Use of the mobile application (referred to as “GCUs of the Application”) is to define the rules of use for the “Smartbox” mobile application (referred to as the “Application”) published by the company Smartbox.

By installing the Application and/or accessing the Application, as a visitor and/or user, you unconditionally and without reserve except all of the GCU of the Application defined below. If you do not accept these GCUs of the Application, we request that you do not access the Application.

Any visit and/or use of the Application must be done in compliance with these GCUs of the Application.

Smartbox reserves the right to modify these GCUs of the Application at any time, all or some of the provisions of the GCU of the mobile Application, in order to adapt them to changes to the Services, technical changes, legal or jurisprudence changes or when new services are put in place. The applicable GCUs are those in force on the date that the User connects to and uses the Application.
Smartbox invites the User to regularly refer to the latest version of the GCUs of the Application available in the Application and on the Smartbox Site.

ARTICLE 1 – DEFINITION

The capitalised terms within these GCUs of the Application, whether they are used in the singular or in the plural, shall have the following meanings:

Application and/or Smartbox Mobile Application” indicates the “Smartbox” software application published and provided by Smartbox, providing access to the Services, and which is available free of charge in the Apple “App Store” and the Google “Google Play Store” to be downloaded by the User on their Apple iOS and Android device. The Application also includes the Content, the software, the programs, the tools (programming, navigating, etc.), the databases, the operating systems, the documentation and any other included elements and services, the updates and the new versions of the Application by Smartbox.

Content” indicates, without this list being exhaustive, the structure of the Application, the published content, the designs, illustrations, images, photographs, graphics, brands, logos, acronyms, business name, audiovisual elements, multimedia elements, visual content, audio and sound content, as well as any other content present on the Application and/or any other element that makes up the Application.

T&C” indicates the general terms and conditions of sale of Smartbox applicable to Gift Experiences that it publishes and that are sold on the website www.smartbox.com/ie.

Gift Experiences” indicates the concept of gifts developed and used by Smartbox. Gift Experiences are available in physical format in the form of a box containing an illustrated brochure presenting Smartbox’s entire product and service range and their partners, the list of which is regularly updated on the website www.smartbox.com/ie and in electronic format in the form of “vouchers”.

Experience and/or Services Provided” any service provided by one of the partners, chosen from among the services that correspond to the Gift Experiences purchased/offered, and presented on www.smartbox.com/ie and the Smartbox Mobile Application. 

Partner” indicates the service provider selected by Smartbox and who provides the services to the beneficiary.

Services” indicates the different functionalities and services proposed on the Application.

Site” indicates the official Smartbox website, the address of which is the following: www.smartbox.com/ie

User” or “You” indicates the person who has downloaded the Application for their own purposes, in the framework of strictly personal and non-commercial use, without direct or indirect lucrative purposes.

ARTICLE 2 – PURPOSE OF THE APPLICATION

The purpose of the Application is to allow You to access all of the offerings of Smartbox either directly via the Application or through a hyperlink redirecting You directly to the Smartbox site.
Several Services may be offered to the User, specifically:

  • To create your customer account; 
  • To register your Gift Experience and scan the corresponding barcode of your gift certificate with the camera of your telephone (your authorisation will be requested) and enter the confirmation code;
  • To select the partners: You will have access to a complete description of the partners (summary of their company, description of the experience offered, information for contacting them);
  • To exchange the Gift Experience according to the terms and conditions established in the GCU available on www.smartbox.com/ie;
  • To book an Experience: by directly contacting the partner via the page describing their activity or by using our online booking service (for visits only);
  • To access all your Gift Experiences already registered;
  • To access other Smartbox Gift Experiences.

ARTICLE 3 – AVAILABILITY OF THE APPLICATION

The Application is accessible 24 hours 7 days a week except in the event of force majeure or an event out of Smartbox’s control or any potential interruptions and maintenance necessary for the proper functioning of the Application.

The Application software may be updated from time to time to add new functions and new services. 

Interruptions for maintenance and/or updating may occur without the User being made aware of it beforehand.

ARTICLE 4 – CONDITIONS OF ACCESS AND FINANCIAL CONDITIONS

4.1 CONDITIONS OF ACCESS

4.1.1 Downloading
The equipment and material methods allowing access to the Application are entirely the User’s responsibility
To access and use the application, You must have:

  • A compatible telephone or compatible mobile device;
  • Internet access;
  • A customer account in a virtual store at one of the service providers of the mobile Application (App Store and/or Google Play Store).

The compatible telephones and mobile devices are the following:

  • Apple iPhone® mobile telephone having iOS 10 or any later version that may be developed
  • Mobile telephone using the Android® OS version 4.4 or any later version that may be developed

The Smartbox Mobile Application is available free of charge from the Google Play Store and the App Store.

4.1.2 Creating or registering an account
If the User does not have a Smartbox account, they will be required to create one to use the Application. They must provide the following information:

  • Email address
  • Password

Once the account is created, the User will enter their email address and confidential password to access the Services.
The User guarantees to Smartbox that all the information provided upon their registration is correct, accurate and up-to-date.

4.2 FINANCIAL CONDITIONS
The Application is offered free of charge to the User, with the exception of:

  • Subscription costs from their mobile telephone operator;
  • Costs for connecting and accessing the Internet;
  • Potential surcharges for data use.

ARTICLE 5 – END USER LICENSE CONTRACT (EULC)

Smartbox offers the User a personal right to use the Application, the Content and the Services that is nonexclusive, revocable, not assignable, non-transferable, worldwide and free of charge only for their own personal use and in the framework of using the Application and the Services, to the exclusion of any other purpose.

This license does not grant the User any usage right over the Content. The User is strictly prohibited from:

  • adapting, modifying, translating, transcribing, arranging, compiling, de-compiling, assembling, dissembling, transcoding or reverse engineering all or part of the Application, the Services and/or the Content;
  • creating derived works of the Application under license;
  • using software or processes to copy the Content without the prior authorisation of Smartbox;
  • exporting the Application, or combining all or part of the Application with other technological programs;
  • permanently or temporarily reproducing the Application, in whole or in part, by any means and in any form;
  • extracting or reusing, including for private purposes, without the prior written authorisation of Smartbox, any part of the content of the databases and archives established by the Application;
  • From putting in place systems that could pirate the Application and/or the Content, in whole or in part, or that may violate these GCUs of the mobile Application.

If You violate these prohibitions, You may be subject to legal proceedings and damages. The conditions of this License include all updates provided by Smartbox that replace and/or complete the original Application, unless this update includes a distinct license, in which case the conditions of this License prevails.

ARTICLE 6 – RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE USER

The User expressly undertakes:

  • download the Application on their devices exclusively for personal and non-commercial purposes;
  • allow short citations, analyses and reproductions intended for the press as well as other uses within the limits and conditions established by law and specifically subject to citing the name of the authors and the editorial source;
  • To expressly agree to not use software or processes that may disturb the proper functioning of the Application, or to engage in any action that imposes a disproportionate effort on Smartbox infrastructure;
  • To inform Smartbox, as soon you become aware of it, of any act of pirating and specifically any illicit or non-contractual use of the Application and/or the Content no matter the method;
  • To not sell, rent, sublicense or distribute in any way whatsoever the Application and/or the Content to third parties.

ARTICLE 7 – RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PUBLISHER

Smartbox will do its best to ensure the proper functioning of the Application; it undertakes to secure access, viewing and use of the Application and the Site.

Smartbox undertakes to carry out or have carried out all necessary maintenance to ensure the proper functioning of the Application or its Site as soon as possible.

ARTICLE 8 – LIMITATION AND EXCLUSION OF LIABILITY

Smartbox shall not be held liable for the risks accepted by the User (see Article 11.1).

Smartbox shall not be held liable:

  • In the event of default, loss, delay or error in transmitting data that is outside of its control;
  • For damages of any type, direct or indirect, resulting from the use or the inability to use the application and including any financial or commercial loss and in particular loss of data in the User’s computer system;
  • For damages of any type, direct or indirect, resulting from the content and/or use or inability to use the websites related to the Application or to which the User may have access via the Application;
  • For damages of any type, caused by the User, their devices, their computer and telephone equipment and to data stored on these devices or the consequences that may arise regarding their personal, professional or commercial activities;
  • For messages and/or data being sent to a false, incorrect or incomplete address;
  • If the data does not reach them, for any reason whatsoever, or if the data received is illegible or unmanageable;
  • In the event that the User is not able to access the Site, the Application and/or the Services for any reason whatsoever, including in the event of maintenance, updating or technical improvement operations;
  • If, for any reason whatsoever, the connection is interrupted.

Furthermore, Smartbox is not liable in the event of improper use of a device and/or an incident related to using a device whilst using the Application. Smartbox will in no way be liable for any damages, of any nature whatsoever, caused to the User, their devices, their computer and telephone equipment and to the data stored there or the consequences that may arise therefrom regarding their personal, professional or commercial activity.

Insofar as permitted by applicable law and in the event that Smartbox is found liable for damages not established above, Smartbox’s liability is limited only to certain, real and established damages.

ARTICLE 9 – GEOGRAPHIC LIMITS AND GEOLOCATION

The use of the Smartbox application is strictly limited to the countries in which Smartbox offers its Gift Experiences.

As the case may be, a geolocation service may be offered by Smartbox to the customer.

The use of the geolocation functionality of the Application requires the prior express consent of the user of the geolocation. For this purpose, the user must activate, if they wish, the geolocation function directly in the settings of the mobile device and accept the Application having access to it. This functionality may, at any time and without cost, be activated or deactivated.

By accepting the geolocation function via the mobile telephone’s GPS and the Application, the user may choose partners closest to them.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

To learn about Smartbox’s policy regarding protection of personal data, the User is expressly asked to review the Privacy Policy available at www.smartbox.com/ie/privacy-policy .

The User is informed that the Application uses tracers or cookies to be used by Smartbox. To learn more about the use of cookies, the User is expressly asked to review the Smartbox Policy regarding cookies available at www.smartbox.com/ie/privacy-policy.

ARTICLE 11 – SECURITY OF THE APPLICATION

The Application and the software are provided “as is” and “as available” basis and without any guarantee whatsoever. Access and use of the Application is at User’s own risk.

RISKS FOR THE USER

It is the User’s responsibility to take all appropriate measures in order to protect their data and/or the software stored on their devices (telephone, computer) against any harm (malfunctioning, viruses, pirating, etc. - non-exhaustive list).
When using the Application, the User assumes responsibility for the negative consequences that may arise.

RISKS REGARDING THE INTERNET

The technical performance of the mobile Internet requires the time necessary to respond, consult, assess or transfer the services.
The User declares knowing and accepting the limits and the issues of the Internet and that Smartbox is not liable for: (non-exhaustive list)

  • The characteristics and limits of the Internet, specifically the functional and technical performances;
  • Problems related to connecting and/or accessing the Internet and/or websites;
  • Problems related to the availability and congestion of the Internet;
  • Problems related to failures or the saturation of the Internet;
  • Problems related to the time to transmit, access information online, response times for loading, consulting, assessing or otherwise transferring data;
  • The risks of interruption;
  • The lack of protection for certain data against potential misuse or pirating;
  • The risk of contamination by potential viruses circulating on the Internet, etc.

ARTICLE 12 – TECHNICAL LIMITATIONS

The User must ensure that they have a sufficient Internet connection for the Application to function. Smartbox is not responsible for the Application functioning poorly due to a lack of or weak Internet connection. Certain services may not function in the event of poor Internet connection.

For the proper functioning of the Application’s services, certain functionalities of the mobile phone must be activated (camera, geolocation, network, etc.). If these functions are not activated or present on the User’s mobile phone, certain services will not be functional on the Application. Smartbox cannot be held responsible for non-functioning services.

Smartbox ensures publication of the Application in app stores and that the Application is compatible with most of the types of mobile telephone devices on the market. Due to the large number of models, various operating systems (up to date or not), the potential surcharges of operators, and the different software installed by the User, Smartbox cannot guarantee the perfect compatibility of the Application with all mobile telephones and therefore cannot be held responsible for it functioning improperly.

ARTICLE 13 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND SALE

All of the Smartbox general terms and conditions available on the site www.smartbox.com/ie/terms-and-conditions are applicable to all Users of the Application and the Services.

When purchasing a Gift Experience or booking an Experience, You accept the general terms and conditions of sale to which You have access on the Site.

The User is asked to attentively read upon each visit the general terms and conditions of sale and use that are accessible via hyperlink in the settings section of the Application and that may be modified at any time without advanced notice by Smartbox.

ARTICLE 14 – INTELLECTUAL PROPERTY

Smartbox is the exclusive owner of all the intellectual property rights belonging to the Application and its Content. Downloading the Application does not transfer any right to the User of Smartbox intellectual property rights.

All reproduction and representation rights are reserved, including for downloaded documents. All text, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and generally all of the elements making up the Application are not subject to any representation, reproduction, exploitation or extraction, in whole or in part, on any media whatsoever, without the express prior authorisation of Smartbox.

The User expressly undertakes that the use of the Application in no way infringes on the rights of Smartbox, and specifically that this use does not constitute an act of counterfeiting, or of unfair or parasitic competition of the Content.

ARTICLE 15 – TERMINATION

Smartbox may decide to bring an end to the Application at any time subject to a notice period of 8 days; notification that the availability is coming to an end will be carried out by email or by a message on the Application screen.

Smartbox is not required to give the reasons for making the Application unavailable, and this decision shall not give rise to any indemnification or reimbursement (the Application being available free of charge).

Smartbox may terminate your EULC (Article 5) if you do not comply with the terms.

At the time of termination, the rights and licenses that You have been granted will be terminated and You must stop all use of the Application.

ARTICLE 16 – SEVERABILITY

If a tribunal of competent jurisdiction deems that one of the provisions of the Application’s General Terms and Conditions of Use is invalid, it will be withdrawn without incident on the rest of the Application’s terms and conditions. The other provisions of the Application’s General Terms and Conditions of Use remain in force and applicable.

ARTICLE 17 – RECOURSE, COMPETENT JURISDICTION AND APPLICABLE LAW IN THE EVENT OF DISPUTE

The form, the implementation and the validity of these terms are governed by the laws of the user’s habitual residence.

Prior to any legal action, the Parties undertake together to seek in good faith an amicable solution in a time frame of thirty (30) days. Any claim should be brought in writing to Smartbox's Customer Service by telephone or by contacting us, including supporting documents, at the following address:

SMARTBOX GROUP LIMITED

Customer Service
Joyce’s Court, Block A, Talbot St
Dublino 1, D01 FV59 Ireland

If it be the case, any dispute giving rise to the validity of these General Terms and Conditions of Use regarding its interpretation or its performance will be exclusively subject to the competent jurisdiction of the user’s habitual residence, barring mandatory procedural rules to the contrary.