Thank you for your visit to the platform accessible at the address www.pingvalue.com, hereinafter the ‘Platform’, property of and managed by Pingvalue SARL, with registered office at 59 Boulevard Royal, 2449 Luxembourg, registered in the RCS under the number B 186394 with VAT number LU 26847652 and with bank account number LU12 0030 0740 2649 0000 hereinafter called ‘Pingvalue’.
Please read these Conditions of Use carefully. These Conditions of Use specify the terms and conditions that apply to the creation of an account and the access to and use of the Platform.
1. Platform design
By sharing local information, Pingvalue wants to be an open platform where cities can display relevant information to residents, tourists, merchants, and local businesses. This allows cities to engage in innovation and city branding and also foster the active participation of residents, tourists, and local businesses.
Merchants that want to be active on the Platform (hereinafter the ‘Merchants’) can create a page where they can post information about their business or their products and services. Merchants can also launch marketing campaigns using the platform where Users are able to obtain coupons or credits that entitle them to discounts, promotions, campaigns, or other special offers for specific goods or services. The terms and conditions of each campaign are determined individually by the Merchant and must always be properly announced to the Users.
To this end, Pingvalue always acts solely as an intermediary between the User and the Merchant for the services or special offers provided by those Merchants. The services or special offers are not provided by Pingvalue, but by the Merchants under the terms and conditions specified by the Merchants. In addition, Pingvalue does not act as an advertiser for the Merchants and presents the Merchant’s special offers, services, and promotions solely for informational purposes.
a. ‘Coupons’. Obtaining coupons using the Platform: The Users are able to obtain coupons using the Platform that are offered by the Merchants (or other parties, such as organisations, cities, or trademark owners). These coupons can be traded in for their nominal value or for the discount (percentage) on the specific services or goods listed on the coupon by the Merchant (or other organisation) that published the coupon. Each coupon lists a specific code. The User submits the payment coupon to the Merchant who will verify it by scanning the code. The User must submit the coupon to the Merchant by presenting a smartphone or tablet, or a printed version.
b. ‘Credits’. Obtaining credits using the Platform: Users can also obtain credits from Pingvalue. These credits can be obtained in different ways, such as by sharing marketing campaigns (Promoted Pings) on the Platform, by inviting other Users and/or Merchants to register on the Platform (referral programme), or as loyalty credits when purchasing or visiting specific Merchants or trademark owners. The credits entitle the User to discounts on goods or services for the value of the number of credits (where one credit is currently equivalent to 0.10 euros; as a User, you explicitly accept that the value of a credit can be unilaterally changed at any time by Pingvalue by announcing the change on the Platform – in this event, the value of previously obtained credits will not change). Users can use the credits to generate coupons on the business page of the Merchant that launched the Promoted Ping. Users can use these coupons to directly make a purchase from that Merchant. The User must submit the coupon to the Merchant by presenting a smartphone or tablet, or a printed version. The Merchant will then use the Platform to verify the code on the credit.
2. Applicable and binding force
These Conditions of Use apply to each use of the Platform. Your visit to the Platform affirms that you are acquainted with these Conditions of Use and the contents thereof and accept these as binding.
3. Using this website
3.1. General: You do not have to pay to use this Platform and create an account.
3.2. Adult: You must be 18 years or older to use this Platform and obtain credits or coupons. Pingvalue retains the right to unilaterally deny access and without prior notification should it be discovered that you are a minor.
3.3. Terms and conditions: To obtain coupons or credits for discounts and benefits on the Platform, you must comply with the terms and conditions announced for each discount or benefit (for example, a benefit may indicate that the benefit only applies on specific days or at specific times, etc.).
3.4. Codes: Users can only present coupon codes at the location of the Merchant. The codes can only be used once and always after the specified service is provided or specified product is purchased. The User bears the risk should the code be misused, improperly stored, or is voided (or, if in the meantime, the Merchant ceases operation).
3.5. Personal nature of the coupons and credits: Coupons and credits are only valid for one person and thus cannot be used by two or more people (unless explicitly stated otherwise).
3.6. Availability of coupons and credits: The coupons and credits are published using the Platform and can be stored by interested Users in their own personal wallet or account.
3.7. Coupons and credits are non-exchangeable: Coupons and credits may not be copied or exchanged for payment.
3.8. Validity of coupons and credits: Coupons and credits obtained using the Platform are valid for the duration listed on the coupon or credit, upon which time these are voided and can no longer be exchanged for a special offer or repayment. Users are exclusively responsible for activating the coupons and credits in a reasonable period of time. For example, if a User submits a reservation to a Merchant very close to the use-by date, there is no certainty that the booking or coupon can be exchanged by the Merchant. Pingvalue recommends that coupons and credits be used as quickly as possible after being received (to avoid potential non-availability at the Merchant location).
3.9. Non-combinable with other special offers: Discounts or promotions provided on the Platform cannot be combined with other promotions, discounts, or special offers by Merchants that participate on the Platform (unless explicitly stated otherwise by a Merchant).
3.10. Quota: A participation quota applies to some offers. This will be clearly stated in the offer on the Platform. A reservation can depend on, for instance, a minimum quota (non-availability of the offer if the minimum number of participants is not achieved) or a maximum quota (non-availability of the offer after the maximum is achieved). Pingvalue is not liable for the non-availability of an offer due to the use of a participation quota.
3.11. Information listed on coupons and credits: When Users receive coupons or credits, they must check whether all listed information is correct (e.g. value of the coupons or credits), personal information, etc. In the event of errors or mistakes, Users must notify Pingvalue as quickly as possible (and, in each case, within a month – otherwise, the coupon or credit will be voided).
3.12. Reviews: When using the Platform to write up and publish reviews, recommendations, comments, etc., Users must ensure that these always represent a truthful representation of the factual reality that satisfies the prevailing standards of courteousness and decency, that correct language is used, and that will not make use of libel, slander, defamation of character, or damage the reputation or good name. Pingvalue is not responsible for continuously checking messages and is not responsible or liable for posted messages, but retains the right to exercise active checks, to respond to complaints of third parties (for example, other Users, Merchants, or cities that participate on the Platform), and to delete messages when necessary. Users affirm that this does not constitute censorship. Under no circumstances is Pingvalue responsible or liable for messages, comments, or reviews posted by Users, Merchants, cities, or third parties on the Platform.
3.13. Identity: When creating an account or registering a profile page, Users must always use their own identity and must not imitate the identity of another person or legal entity. Pingvalue points out that using the name of another is a criminal offence. The creation of a false account or profile, or claiming a page that is the purview of another is a form of identity fraud and is punishable. Users also accept that they must not post anonymous messages (nor use ‘fantasy names’, ‘alter egos’, etc.).
4. Creating an account
4.1. To enjoy the benefits offered on our Platform, you must create an account by entering your personal information on the registration form made available on the Platform. The registration form must be completed in its entirety and must be a truthful representation.
4.2. You may not use the identity of another, nor proxies, nor temporary e-mail addresses.
4.4. Pingvalue retains the right to not accept your registration. Your registration may be denied because of, among other things, the following reasons:
4.5. Once your registration is complete, you will receive a confirmation e-mail with all the relevant information needed to access and manage your account.
4.6. The password that you receive to access the Platform is strictly personal. You must not give, share, or sell your password to another person. If a User suspects that fraud is being committed using their account (for example, someone is misusing the account), the User must immediately contact Pingvalue. Pingvalue will set a new password and can take any measures that Pingvalue deems necessary to combat the fraud.
4.7. Pingvalue cannot be held liable for not receiving coupons, credits, discounts, or other benefits when a User has provided incorrect personal information (for example, an incorrect e-mail address). In addition, Pingvalue cannot be held liable if the User is temporarily or permanently unable to access their emails.
5. Our relationship with you and with the Merchant on the Platform
5.1. The Platform serves as a platform website and mobile application (‘app’) where cities and Merchants can offer specific information (as well as promotions, special offers, or other benefits) to the Users, and allows Users to share information and obtain coupons and credits. These coupons and credits can then be exchanged for services and/or special offers provided by participating Merchants.
To this end, Pingvalue always acts solely as an intermediary between the User and the Merchant for the services or special offers provided by those Merchants. The services or special offers are not provided by Pingvalue, but by the Merchants under the terms and conditions specified by the Merchants. In addition, from a legal perspective, Pingvalue does not act as an advertiser for the Merchants and presents the Merchant’s special offers, services, and promotions solely for informational purposes.
5.2. The webshops that you visit using the Platform and the goods that you purchase belong to the Merchants that utilise these webshops.
5.3. Pingvalue recommends that you behave as an upstanding and cautious consumer by carefully reading the Merchant’s offer before making a purchase.
6. Our liability
6.1. Pingvalue exerts the utmost attention and care with respect to the content on the Platform. However, the content is subject to change and no explicit or implicit guarantees can be made about the correctness of content. Pingvalue cannot be held liable for damage due to the use of the content on the Platform, regardless of whether it is correct or incorrect, nor for damage caused by the use or dissemination of the content, nor for damage due to incorrect, incomplete, ambiguous, or dated content or language errors on the Platform (for example, with respect to information, discounts, offers, benefits, prices, quality, availability, etc.). Pingvalue cannot be held responsible nor liable in any manner whatsoever with respect to the information that is disseminated or the goods and services offered.
6.2. Pingvalue emphasises that it is solely an intermediary that offers a platform. Pingvalue is not the author of the messages or information that is disseminated by Users, Merchants, cities, or third parties on the Platform.
Pingvalue does not guarantee the content of the information disseminated by Users, Merchants, Cities, or third parties using the Platform. Pingvalue disclaims any responsibility or liability with respect to the substance of information disseminated on the Platform should it be discovered that it is incorrect or in conflict with rights of third parties, applicable criminal statutes, or breach public order and/or public morals. If the presence of such content is discovered, you must promptly notify Pingvalue so that Pingvalue can take appropriate measures where possible.
Descriptions of information, promotions, or offers may change before a User generates a coupon (but not thereafter).
6.3. Pingvalue disclaims all responsibility or liability for the services provided by Merchants. Thus, Pingvalue cannot be held responsible or liable for the non-implementation or inadequate implementation of agreements attributable to negligence or faults on the part of the Merchant. Pingvalue cannot be held responsible or liable, nor does it provide any guarantees, with respect to the quality, quantity, assurance, or conformity of goods or services that are sold or rented using the Merchant’s coupons or credits (for example, offered services or products do not match the representations in images or photos on the Platform). Photos, images, and other illustrations on the Platform are published solely for illustrative purposes and are not necessarily a faithful presentation of the reality of the offer. Under no circumstances, will such photos, images, and other illustrations be binding. Pingvalue cannot be held responsible if a Merchant does not provide an announced discount, or if a Merchant refuses to accept a coupon or credit obtained using this Platform, or if it is discovered that a code on a coupon was previously used (and, thus, no longer valid), or if a Merchant makes a mistake in an announced discount or benefit.
Pingvalue does not mediate and is not a party in the relationship between you (the User) and the Merchants, and, thus, cannot be held liable for any disputes between you and the Merchants.
For example, Pingvalue cannot be held responsible or liable if:
If you have any complaints related to one of the above points (or any other complaint), you must directly contact the Merchant in question.
In any case, the liability of Pingvalue for any damage is always limited to the maximum amount that is represented by the coupon or credit. In addition, the liability of Pingvalue is always limited to the amount that Pingvalue receives from its insurer. Under all circumstances, Pingvalue cannot be held liable for indirect damage, including consequential damage, loss of profit, loss of income, missed savings, missing benefits, loss of goodwill or reputation, and damage due to business interruption.
6.4. Pingvalue maintains the required security systems to protect the Platform, its computer system, its databases, and information of users on the Platform. Pingvalue ensures, among other things, that antivirus protection is regularly updated. In this context, Pingvalue has a best efforts obligation and not a result obligation. Excepting the case of bad faith or gross negligence, Pingvalue (and its associated companies and staff) cannot be held liable for damage, interruptions, theft, loss, destruction or modification of information, loss of profit, or other direct or indirect damage caused by third parties’ illegal or unauthorised access or misuse of the computer system or the telecom system used for the Platform (including with respect to user information and viruses that are spread using the Platform).
Pingvalue does everything possible to provide access to the Platform 24 hours a day, 7 days a week. To this end, Pingvalue guarantees availability will be at least 98% on an annual basis. However, given the technical nature of the internet and computer resources and the necessity to carry out regular maintenance or upgrades, Pingvalue cannot guarantee uninterrupted access to the Platform and associated services. In the case of normally acceptable interruptions or disruptions in access or service provision, Pingvalue makes every effort to resolve the problem as quickly as possible. Such normally acceptable interruptions or disruptions are unique to the provision of service using the internet. These can be considered as shortcomings and cannot be used as a motive to obtain damages. Pingvalue cannot be held liable if a specific offer is temporarily not available due to technical breakdowns or maintenance work.
6.5. The websites and webshop (including the web pages of the Merchants and participating cities and Users on the Platform) to which Pingvalue links, are not hosted or maintained by Pingvalue. Thus, Pingvalue cannot be held liable for the content of such websites, nor for the links, changes, or updates on such websites, nor for possible viruses or malware that may be encountered on such sites.
6.6. Under no circumstances, can the information on the Platform be considered as recommendations regarding finances, investments, or in any way whatsoever. All information on the Platform is solely for informational purposes.
6.7. The Users of the Platform are responsible for using the Platform with due care and diligence. In addition, the Users of the Platform are responsible for the appropriateness and maintenance of their technical resources, such as their computer, laptop, PC, modem, internet access, phone line, etc.
6.8. Users are responsible in the event of loss, theft, or destruction of coupons, credits, codes, etc. In this respect, Pingvalue cannot be held liable in any circumstances whatsoever.
7. Intellectual property
Pingvalue is the exclusive owner of the intellectual property rights associated with the Platform and the offered service. As a Platform User, you commit to not copying, editing, reproducing, disseminating, replicating, publishing, providing a licence for, exploiting, transferring, selling on, or making any other use of any part of the Platform in any manner whatsoever. Parts of the Platform include, among other things, the brands, texts, software, databases, forms, trademarks, product names, logos, graphic elements and illustrations, graphics, colour combinations, slogans, layouts and tabs, and all other relevant elements of the Platform and the service.
8. Force majeure
8.1. In the case of force majeure, Pingvalue cannot be obliged to meet its obligations. In this event, we can suspend our obligations for the duration of the force majeure, or permanently dissolve the agreement.
8.2. Force majeure is any circumstance outside our control that prevent us from entirely or partially fulfilling our obligations. This includes, among other things, strikes, fire, business interruptions, machine defects, information defects, system malfunctions, power blackouts, malfunctions in a (telecommunication) network or connection or communication systems and/or the non-availability at any time of the Platform for the Merchant, non-delivery or non-timely delivery by suppliers or other third parties engaged by us, etc.
9. General provisions
Pingvalue retains the right to change these Conditions of Use at any time. If these Conditions of Use are changed, the new version will be made available on the Platform and the new version will be in force at the moment of subsequent visit to the Platform. As of that moment, you will be required to affirm your acquaintance thereof and confirm your agreement. An eventual nullification of a clause in these Conditions of Use will not nullify the validity of other clauses (these will remain fully unimpaired).
9.2. Applicable law and jurisdiction
This Agreement is governed by Luxembourgish law. Disputes with respect to this Agreement will be exclusively brought before the court of the City of Luxembourg.
Pingvalue is entitled to entirely or partially assign or pledge this Agreement to third parties with the understanding that this does not change the terms and conditions of the Agreement for the other.
By visiting and using this Platform and creating an account, you accept all provisions in these Conditions of Use.
For all additional information or comments with respect to these Conditions of Use, please contact Pingvalue SARL: 59 Boulevard Royal, 2449 Luxembourg, firstname.lastname@example.org
Each complaint or dispute must be sent using registered post to the above address or submitted by e-mail to the above e-mail address.
All notifications by us are carried out using the Platform or via e-mail.