1. Ownership of the Mobile Application and Website
1.1. The provider, owner and data controller of the "Forum Duty Free” website www.forum.shopdutyfree.com which will be incorporated within the Dufry Red mobile application in the future (hereinafter the "Program", "Dufry Red Application", “Forum Duty Free”, www.forum.shopdutyfree.com, or the "Applications") is Dufry AG (hereinafter "DUFRY"), with registered address at Brunngässlein 12, Basel, Basel-Stadt CH-4052, Switzerland, with Commercial Register number CHE-110.286.241, registered in the Commercial Register of Basel, and with contact email address: legal@dufry.com
2. Using the Mobile Application
2.1. These terms and conditions govern access and use of the Applications and upon gaining access to the Application for its use the user agrees to them and accepts these terms and conditions as amended from time to time ("Terms and Conditions") that are available in the Application each time. If the user does not agree with these terms and conditions the user must refrain from or stop using this Application. The user must read these Terms and Conditions carefully.
2.2. Access to and downloading of the Application is free, except for the cost of connection through the telecommunications network provided by the user’s access provider.
2.3. DUFRY reserves the right to make, at any time, changes and updates to the Application and its content, layout and presentation, including these Terms and Conditions. The user will be notified by DUFRY on any changes of the Terms and Conditions by publishing the new Terms and Conditions on the Application. We recommend reading them before each access and use of the Application. DUFRY also reserves the right at all times to decide to continue with the services of the information company that it provides through the Application.
2.4. The user undertakes not to use the Application for fraudulent purposes and not to carry out any conduct that could damage the image, interests and rights of DUFRY or third parties. The user also undertakes to use the Application, services and contents included therein diligently, correctly and lawfully. In particular, the user undertakes not to delete, avoid or manipulate the "copyright" and other data identifying the rights of the owners included in the contents of the Application as well as the technical protection devices or any information mechanisms that may include such contents. The user further undertakes not to take any action to damage, disable, attempt to manipulate or overload the Application, or in any way hinder normal use and operation of the Application.
2.5. In the event that the user fails to comply with these Terms and Conditions or DUFRY in its absolute discretion, determines or suspects that the user is failing to comply therewith; DUFRY reserves the right to limit, suspend or terminate access to the Application, adopting any technical measure necessary for that purpose. DUFRY also reserves the right to decide, at any time, whether to modify or vary the programme or discontinue the services that it provides through the Application or to discontinue the operation of the Application or the www.forum.shopdutyfree.com website or Applications with a substitute or similar Applications.
3. Operation – Forum Duty Free Program registration
3.1. Requirements
All individuals can apply to become a member of Forum Duty Free or the Red by Dufry program using the “Apply to become a member” function in the Application, provided that the following criteria must be fulfilled:
(a) All individuals must be at least the age of 18 years old;
(b) The individual requesting to become a member of the Red by Dufry Free program has not been a previously registered member who has had their membership suspended or revoked;
(c) All requested information in the Application form has been accurately and truthfully completed by the individual;
(d) The individual is not impersonating, imitating or pretending to be somebody else when registering and\or setting up an account on the Red by Dufry program; and
(e) All individuals agree to the current applicable Terms and Conditions and will comply with these Terms and Conditions.
Once the application is completed and the application to become a member has been successfully accepted by Dufry AG as the owner of Red by Dufry programme and this Website or Application, customers will receive a personal QR code on their mobile device that will allow them to identify themselves in stores and, thereafter, enjoy all the current privileges and benefits offered by the Red by Dufry Program or allow further access to the www.forum.shopdutyfree.com websites or Forum Duty Free contained within the Applications.
3.2. Owner’s declarations
By registering on the Forum Duty Free website or Applications, users acknowledge:
(i) that this Application is directed to individuals with at least the age of 18 years old and with no limitations, prohibitions and/or restrictions on their capacity to act and are legally entitled to purchase duty free articles including tobacco products or alcoholic beverages, in the country of purchase of such products,
(ii) that participation in Red by Dufry is voluntary, and users are required to join and accept in the Program,
(iii) that, except as explicitly stated in these Terms and Conditions, participation in the Forum Duty Free will terminate when users no longer meet the requirements described in section 3.2. of these Terms and Conditions and/or their capacity to act is limited. DUFRY reserves the right to cancel the membership of anyone who fails to comply with the said requirements of membership of the Program or who does not provide the necessary information that they may be asked to provide,
(iv) that this Program and any services are for the registered user’s personal, non commercial use only, and
(v) that the registered user will comply with all applicable laws.
3.3 Failure to maintain accurate user registration and contact details
Dufry shall have no liability associated with or arising from the user’s failure to maintain accurate, complete or up to date registration information, including without limitation, the users failure to receive critical information. Dufry shall not be responsible for verifying the registered user’s information.
4. Security
4.1. The registered member\ user is solely responsible for the use and protection of the confidentiality of the user name, email verification and password that may be provided or that has been selected for use in the mobile application. It should not be shared with or given to third parties. We must be notified immediately of any unauthorized use of the username or password or of any other breach of security in connection with the Applications.
4.2. The registered member\user may not sub-licence, transfer, sell, rent or assign your registration information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms and Conditions.
4.3. The registered member\user is responsible for all access or visitation to, usage of, or activity on, the registered users’ account by any person who uses that member’s registration information, with or without authorisation, or who has access to any devices which contain the member’s registration information.
4.4. Dufry reserves the right at any time, with or without notice, to remove or require a change to or repossess any password and\or user’s identification or registration that has been provided to the registered user or otherwise change the access means or methods for portions of the services in part or in whole or certain products and\or services.
5. Third Party Services
5.1. The Application’s customs standards sections are operated by third parties outside the Dufry group. DUFRY will not accept responsibility for the adequacy, correctness or accuracy of the information provided by third parties.
6. Amendment of these Terms and Conditions
6.1. We reserve the right to amend these Terms and Conditions at any time. These changes will be applicable once published in our Application and, subject to section 2.3, it is the responsibility of users to read and agree to comply with the Terms and Conditions whenever they use this Application.
6.2. The applicable Terms and Conditions currently in force at the time will apply to each activity carried out using the Application.
6.3. Continued use of our mobile application implies that you accept and will comply with the current Terms and Conditions.
7. Protection of personal data and cookies policy
7.1. Any personal information automatically collected or that you provide when using our mobile application will be processed and used in accordance with our Privacy Statement. By using our mobile application and website you agree to such processing and the terms thereof.
7.2.The rules governing aspects relating to the processing of users’ personal data due to use of the mobile application and website are set out in the Privacy Statement attached to the various data collection forms that may be included in the Applications.
7.3. The mobile application uses a technology known as "cookies" to gather information on how the Application is used.
8. Intellectual and Industrial Property and Restrictions on Use
8.1. The intellectual property rights over the layout of the contents of Forum Duty Free, www.forum.shopdutyfree.com, Dufry Red Mobile Application (including the sui generis right to the database), graphic design (look and feel), distinctive signs (trademarks and trade names), underlying computer programs (including source codes) and the various elements that make up the Application (text, graphics, photographs, videos, etc.) are owned by Dufry group or, where applicable, it has been granted the rights of use and exploitation thereof, and in that sense are works protected by current intellectual and industrial property legislation.
8.2. Use of the mobile application by the user in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of DUFRY. For this purpose, by these Terms and Conditions, except in those cases where it is legally permitted, the user is expressly prohibited from reproducing, altering, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of DUFRY.
8.3. It is expressly forbidden to reproduce elements of the Application or its contents for profit or commercial purposes.
8.4. Restrictions on Use
In the absence of Dufry’s prior written consent, the User may not nor may the User allow, enable, authorise, instruct, encourage, assist, suggest, inform or promote that others, directly or indirectly, do any of the following for any reasons:
(a) access and\or use a User’s registration information or access, visit and\or use the services by use of another User’s account or registration information;
(b) make any commercial, advertising, promotional or marketing use of the services and\or content obtained on or thorough the services except as permitted by the copyright laws;
(c) impersonate, imitate or pretend to be somebody else, by setting up different accounts or falsely state, represent or imply any affiliation, association, or connection with a person or entity when using the services;
(d) authorise or permit anyone else to access and\or use your User registration information to access the services on the Applications;
(e) post, upload, transmit, send or otherwise make available on or thorough the service any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising and\or commercial offers, including without limitation touting or recommending any securities, transactions or investment, tax, monetary or retirement benefits, legal or health advice or providing any professional advice about medical, health, legal, tax, financial or investment issues or strategy;
(f) repeatedly post, upload, transmit, send or otherwise make available on or thorough the services, the same content multiple times;
(g) post, upload, transmit, send or otherwise make available on or through the services any unsolicited bulk communications;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origins of any content that the User may post, upload, transmit, send or otherwise make available on or through the services;
(i) use any bots, cheats, macros, scripts or run Mailist, Listserv or any form of auto responder to access, visit or use the services to upload or transmit the contents;
(j) copy, harvest, mine or gather or compile, capture or store any contents;
(k) engage in any personal attacks,, use any language that is or post, upload, transmit, send or otherwise make available on the services any content about an individual that is abusive, intimidating, bullying, harassing, hateful, violent, or that victimises, degrades, defiles or disparages an individual, on or through the services or the Applications;
(l) use any language or post, upload, transmit, send or otherwise make available on or through the services, any content that may or is intended to enable, authorise, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability or undertaking illegal activities, or otherwise violate any laws including defamation, pornography, fraud or invasion of privacy or depicts anyone engaged in any act deemed by DUFRY to be pornographic, obscene, sexually explicit, perverse illicit, indecent, lewd or vulgar, crude or immoral;
(m) post, upload, transmit, send or otherwise make available on or thorough the services any content that the User is bound not to disclose, by agreement, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary or confidential information or trade secrets;
(n) copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move or remove or delete, or erase any copyright, trademark or other proprietary symbols, marks, or notice on the services or attempt to circumvent any preventive mechanisms against unauthorised reproduction or distribution of content or any source code or underling ideas or algorithms of the services or layout in whole or in part;
(o) upload, transmit, send or otherwise make available on or through the services any hardware or software disabling devices, malware or malicious programs or code or phishing attacks or viruses, worms, bugs or Trojan horse viruses or keystroke logging devices to the Applications.
9. Limitation of Liability
9.1. The user acknowledges and agrees that use of the mobile application is at all times at their entire risk and responsibility and therefore DUFRY does not accept responsibility for any misuse or improper use made of the Application.
9.2. In particular, DUFRY is not liable for:
• The content of sites linked through links included within the Application. In this respect, the terms set out in section 10 of these Terms and Conditions shall apply.
• The Application may contain advertising content or it may be sponsored. In no case will DUFRY be responsible for any inaccuracy, misrepresentation or irregularities that advertising or sponsorship material may contain.
• Damage of any kind caused to users’ computer equipment by viruses, worms, Trojan horses or any other harmful elements. Users acknowledge that use of the Internet implies they accept that there is a risk that their computer equipment may be affected by the aforementioned elements. To this end, it is up to users, in any case, to have available suitable tools for the detection and removal of harmful electronic programs. For more information they may contact their Internet access service providers who will be able to provide solutions suited to their needs.
• Damage of any kind caused to users resulting in failures of or disconnections from telecommunications networks that give rise to the suspension, cancellation or interruption of service of the Application while it is providing such service or prior thereto. In this regard, users acknowledge that access to the Application requires services provided by third parties outside DUFRY’s control (for example: telecommunications network operators, access providers, etc.), the reliability, quality, continuity and operation of which is not DUFRY’s responsibility.
• Contents which are illegal, harmful or contrary to morals, uses and good practices that are the responsibility of third parties.
10. Links
10.1. The Application may include technical link devices (links) that allow Users to access other applications and Internet portals (hereinafter, "Linked Sites"). In these cases, DUFRY acts as a provider of mediation services and it will only be responsible for the contents and services provided on the Linked Sites insofar as it is actually aware of the illegality and it has not disabled the link with due diligence. In the event that Users believe that there is a Linked Site with unlawful or inappropriate content, please notify DUFRY via the email to the following address: legal@dufry.com. In no case will such communication carry the obligation to remove the link in question.
10.2. The existence of Linked Sites in no way implies that DUFRY is actually aware or is any other way aware of the services and contents thereof in the case of illegality, nor that it necessarily has agreements with the managers or owners of the Linked Sites. Nor does the existence of such links imply DUFRY’s recommendation, promotion, identification or agreement with the statements, content or services provided through the Linked Sites. Consequently, DUFRY does not accept responsibility for the content of the Linked Sites or for their conditions of use and confidentiality policies and Users are solely responsible for checking and accepting them each time they access and use them.
10.3. Users and, in general, any individual or legal entity that intends to establish a link from their page or site to the Application, should obtain DUFRY’s prior written permission. The establishment of such a link does not imply in any case the existence of dealings between DUFRY and the proprietor or owner of the site or page on which the link is established, nor the acceptance or approval by DUFRY of its contents or services.
10.4. In any case, DUFRY reserves the right to prohibit or disable links to the Application at any time, especially in cases of unlawful activity or content of the page or site in which it is included.
10.5 The registered users acknowledge that Dufry has not reviewed nor necessarily endorse the contents of sites, applications, destinations or services linked to or accessible from this Program or these Applications and is not responsible for the contents or actions of other sites, applications, destinations or services.
11. Force Majeure
11.1. DUFRY will not be liable for any failure or delay in fulfilling any of its obligations under these Terms and Conditions that is caused by an event beyond its control or Force Majeure.
11.2. Force Majeure means, for the purpose of this clause, any act or event beyond DUFRY's reasonable control, including, but not limited to, strikes, lockouts or other action by third parties, supplier failure or delay, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, or failure of public or private telecommunication networks.
11.3. Should a Force Majeure event occur, which affects the fulfilment of DUFRY's obligations under these Terms and Conditions, DUFRY will notify the User as soon as reasonably possible.
12. How can you contact us?
We take protection of your personal information seriously, if you have any queries or concerns about your personal information, please send an email to privacy@dufry.com or alternatively send your letter to the Global Data Protection Co-Ordinator, Dufry AG, Brunngasslein 12, Basel, Basel Stadt CH 4052 Switzerland.
13. General Information
13.1. DUFRY reserves the right to transfer its rights and obligations under these Terms and Conditions to another organization.
13.2. Any contract concluded in accordance with these Terms and Conditions is between the User and DUFRY. No third party shall have any right to enforce any of its terms. In any case, access, navigation and use of the Application and, if applicable, the use or rental of the products or services that are offered through it are under the sole and exclusive responsibility of the User.
13.3. Failure to enforce any obligation does not imply a waiver of the right to request it at a later date.
13.4. These Terms and Conditions and any other matter relating to the use of the services DUFRY provides through the Application shall be governed by the provisions of Laws of Switzerland. For cases where the legislation provides for the possibility of the parties submitting to a jurisdiction, DUFRY and the User, expressly waiving any other jurisdiction that may apply, shall submit any disputes and/or disagreements to be heard by the Courts of the City of Basel, Switzerland.
13.5. In the event that any provision contained in these Terms and Conditions is declared invalid, it shall be removed or replaced. In any case, such invalidity shall not affect the validity of the remaining provisions contained in these conditions.