Full Customer Terms and Conditions

For all capitalized terms, please see the Glossary available below

1. Acceptance Of Terms And Conditions 

By accessing this Site, whether or not you become a registered User, You agree to be bound by the following Terms, that Fipster have provided and which You acknowledge to have read and understood. If You do not agree to the outlined Terms please refrain from using the Site.

Fipster reserves the right to make any changes to our Terms and/or our Privacy Policy as Fipster deems necessary or desirable without prior notification to You. We suggest to You, therefore, that You re-read this notice containing our Terms of Use and Privacy Policy from time to time in order that You stay informed as to any such changes.

By using the Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate notice to You of any and all revisions and changes. It is Your responsibility as an User to verify regularly the content of the Site to be informed of any changes in the Terms and Your continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.

2. Terms of Use

"Fipster" provides and operates an interactive online Service on the Internet, Fipster shall have the right at any time to change or discontinue any aspect or feature of the Service and the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

3. Conclusion of Transactions with Merchants

You understand and agree that

1. the Site merely is a platform that enables You to conclude Transactions with Merchants; and, consequently that
2. Fipster is not a party to any Transaction and Fipster assumes no liability for the performance of Transactions between You and Merchants.

Fipster takes no responsibility for the services or products for which Vouchers may be redeemed and in particular Fipster makes no warranty to You and other Users for the quality, safety, usability, or other aspect of the product or service for which the Fipster is redeemed.

4. User Accounts

You are required to create a User Account in order to purchase any Voucher through the Site. This is required so Fipster can provide You with easy access to print Your Orders, view Your past purchases, and modify Your preferences. To register for a User Account, go to the Site and provide the requested information.

By registering, You represent and warrant the following : 

1. You are eligible for an Account as set forth in these Terms; and
2. the information You include as part of the registration process is accurate and not misleading.

User Accounts may be obtained and used only by the following persons

1. individual, independent professionals who are eighteen (18) years or of legal age in their country of residence if such age exceeds eighteen (18) ; and
2. individuals with the right and authority to act on behalf of an organization or entity for purposes of using the Service provided on the Site.

Upon obtaining a User Account, You shall have access to the Service and the functionality that Fipster may establish and maintain from time to time and in its sole discretion.

Fipster may add, delete or change some or all of the Service provided for free as part of the User Account at any time and without prior notice. You will be notified of any charges and given the option to continue use or to terminate Your Account. You are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that You incur to access Your Account. You may not transfer or share Your Account with anyone.

As a registered User, You further agree to update Your Personal Information (as defined in the Privacy Policy) if needed.

5. Terms Of sale

a) Ordering process

By placing an Order, You make an offer to Fipster to purchase a Voucher for products or services You have selected, subject to the conditions and limitations defined under the present Terms, including the Restaurant-specific restrictions stated below.

The placement of an Order shall be definitive and binding upon You until receipt of the confirmation by Fipster:

• that the Tipping Point has been reached and in such case a Transaction shall be immediately and automatically entered into between You and the Merchant offering the product or service You selected; or
• that the Tipping Point has not been reached and in such case no Transaction shall be entered into between You and the merchant and Your Order shall become null and void.

b) Vouchers

All Vouchers purchased through the Site are promotional Vouchers that are offered to Users below their face value and are subject to the present Terms. Vouchers may be subject to additional restrictions determined by the participating Merchant.

The holder and issuer of a Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be fully and solely liable for any and all injuries, illnesses, damages, claims, liabilities and costs You or any third party suffered in relation with the product and service sold by the Merchant and caused in whole or in part by the Merchant.

Vouchers are redeemable in their entirety only and may not be redeemed incrementally and are further subject to the following limitations:

• Merchants’ Vouchers may be applied only to merchandise sold by the Merchant, and may not be applied to shipping or handling charges;
• Only one Voucher can be used per Order unless otherwise specified by Merchant;
• The issuing of credit is at the sole discretion of the Merchant;
• Neither Fipster nor the Merchant is responsible for lost or stolen Vouchers;
• Vouchers cannot be combined with any other gift certificates, third party vouchers, coupons, or promotions, unless otherwise specified by Merchant;
• Reproduction, sale or trade of Vouchers is prohibited;
• All Vouchers expire on the date specified on the Voucher

6. Specific conditions applicable to Restaurant-Specific Vouchers

For this section, “Restaurant” shall be defined as a Merchant offering food and beverage for sale in its regular business operations, and making such food and beverages available to Users purchasing Fipster Vouchers.

• Redemption dates and times are determined by Restaurants, and shall be contained in the Offer displayed on the Site.
• The Restaurant shall determine in its sole discretion whether Fipster Vouchers can be combined with any other Restaurant offers, third party offers, or other promotions.
• Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
• Valid for dine in only unless otherwise stated.
• The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.

7. Tipping Point

To place an Order, You will be asked to provide your credit card information and billing address. Fipster will obtain a pre-authorization for the total amount of the Transaction to ensure that You have the necessary amount of funds available to cover the Transaction, but will not charge your card at that time.

Your card will be charged at the time Fipster confirms that the Tipping Point has been reached;

In case Fipster confirms that the Tipping Point is not reached, Your card will not be charged, and the pre-authorization will be released.

8. Intellectual Property

Every element displayed on or available through the Site (text, image, sounds, etc.) is the exclusive property of Fipster or is used by Fipster with express permission of the copyright and/or trademark owner.

You acknowledge and agree that copyright, trademark or other intellectual property right infringement may result in civil and / or criminal penalties.

“Fipster” including the logo, is a registered trademark of Fipster. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Fipster are the property of their respective owners.

9. Third Party Content

Fipster is a distributor of content supplied by Merchants and other third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributors and not of Fipster except where expressly mentioned. Fipster does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchant-ability or fitness for any particular purpose.

Fipster contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to You and not as an endorsement by Fipster of the content on such third-party sites and Fipster hereby disclaims any representations regarding the content or accuracy of materials on such third-party Web sites.

10. Termination

You acknowledge and agree that Fipster may in its sole discretion and without liability to You, with or without cause, with or without prior notice and at any time:

1. terminate Your access to Our Service,
2. deactivate or delete any of Your Accounts and all related information and files in such accounts ; and
3. bar Your access to any of such files or Service.

11- Invalidity

If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, such provision shall be enforced to the maximum extent possible so as to reflect the intent of the Parties.

The remaining provisions of the Terms shall continue in full force and effect without being impaired or invalidated in any way.

12- Applicable law and jurisdiction

These Terms and all matters arising out of or relating to these Terms shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof. 

Any controversy, claim or dispute between a User and Fipster arising out of or in relation with these Terms shall be subject to the exclusive jurisdiction to the ordinary courts of the Canton of Vaud.

“Fipster” is the trading name owned by Revolution sa

Company Details Revolution sa:

Registered Address:

4 Ch de L’Etraz

1003 Lausanne

Switzerland

Company Registration No:

CH-550-1070175-3

Definitions

For the purposes of all Fipster’s Terms and Conditions, the capitalized terms listed below shall have the following meaning:

“Base Amount” Full amount collected by Fipster from Users from the sale of each Voucher.

“Business Day” Any week day, other than a bank or public holiday in Switzerland

“Business Hours” between 09:00 and 17:30 on a Business Day;

“Commission” An amount equal to an agreed proportion of Base Amount in respect of each Trigger Event that occurs wholly or partially during the Term;

“Community Leader” You as a leader of an existing community party to the present Terms.

“Community Members” Members of existing communities referred to Fipster by Community Leaders for the purpose of the potential conclusion of Transactions with Merchants

“Confidential Information” Any information supplied before the end of the Term (whether supplied in writing, orally or otherwise) by the Merchant to the Company marked as “confidential”, described as “confidential” or reasonably understood to be confidential and unless such information

(a) is known before disclosure directly or indirectly and is not subject to any obligation of confidentiality;

(b) is or becomes publicly known through no act or default or

(c) is obtained from a third party in circumstances where there is no reason to believe that there has been a breach of a duty of confidence.

“Merchant(s)”: selected merchants offering Users to conclude Transactions through the Site.

“Order(s)”: Orders placed by Users to confirm their purchase of Vouchers offered by Merchants.

“Permitted Purpose” means, in respect of each party, the purposes of exercising its rights and fulfilling its obligations under this Agreement;

“Personal Data” has the meaning given to such term under the Federal Data Protection Act 1998.

“Preliminary Offer”: Indicative offer for the sale of Vouchers for the Your products or services.

“Price Scale”: Price for a Voucher for Your product or service, negotiated between You and Fipster, depending on the number of ordered pieces or service units

“Privacy Policy”: the latest version Fipster’s Privacy Policy accessible on the Site.

“Service”: collectively the information services, content and transaction capabilities provided by Fipster, affiliates of Fipster and other third parties through the Site.

“Site”:  the present website accessible at the address www.fipster.com

“Terms” or “Agreement”: the latest version of the present Terms and Conditions accessible on the Site.

“Tipping Point” Minimum number of ordered pieces or service units and maximum time in which such number of orders shall occur so as to give rise to a Trigger Event.

“Transaction(s)” : Any agreement or contract entered into by and between Users and Merchants through the Site.

“Trigger Event” Moment when a sufficient number of Vouchers has been ordered by Users so that the Tipping Point is reached

“User”: Registered user of the Site and party to one or multiple Transactions.

“User Account”: account that You as an User create by registering with Fipster on the Site for the conclusion of one or multiple Transactions.

“Voucher(s)”: vouchers for products or services sold by Merchants to Users pursuant to Transactions.

“We” or “Fipster”: Fipster is the trading name of Revolution SA, Chemin du Devin 51, 1012 Lausanne, Switzerland