FOREWORD

A.   This document sets out the contractual terms and conditions (“General Terms and Conditions” or “GTC“) for subscribing to the “MyLugano” (“MyLugano“) service, an initiative of the Municipality of Lugano (“Municipality“).

B.   Private Users (“Users / User“) interact with MyLugano via the “MyLugano” app (“App“), the network of Partners (“Network“) and the website https://my.lugano.ch/ (“Website“)

C.   The GTC apply to all Users of MyLugano.

D.   The processing of personal data is governed by the Privacy Policy and the Cookie Policy which, together with the GTC, can be found on the Website and in the App, and form an integral part of the entire contractual relationship with the User (“Contract“).

E.    The User accepts version of the Contract in force at the time of each use. The Municipality reserves the right to amend the Contract at any time and with immediate effect from the online publication of the updated documentation.

 I.               General Information

WHAT ARE mylugano, LVGA AND Swiss ledger?

1.      The Municipality encourages the use and development of solutions based on new technologies (e.g. Blockchain, AI, IOT). MyLugano is an example of a service offered by the Municipality that uses new technology.

2.    MyLugano consists of the App, the Network and the Website, as outlined below.

3.    Through the App, the User can perform various operations, namely:

·       purchase, send, receive and accumulate LVGAs;

·       conduct economic transactions in LVGA;

·       perform economic transactions in CHF fiat currency (processed by banks or credit cards);

·       purchase a product or service provided by the Municipality of Lugano or by the Partners of MyLugano (“Partner” or “Supplier” or “Merchant“);

·       book and/or purchase admission tickets for venues, events and shows promoted by the Municipality of Lugano or MyLugano partners;

·       interacting with group of experts.

4.      The Network, created by the Partners, is aimed at supporting local shopping, encouraging spending in the city and supporting Lugano’s small and medium-sized enterprises (shops, public establishments, hotels, city cultural venues, local producers, any service provider).

5.      The Website contains accessible information on MyLugano.

6.       “Swiss Ledger“, the institutional blockchain of the City of Lugano, created to promote the economic development of businesses, spread knowledge and facilitate access to blockchain technology. The city payment token called ‘LVGA’, with a face value of CHF and amounting to 100 LVGA = 1 CHF, is issued on Swiss Ledger. Swiss Ledger guarantees efficient and secure transactions available to users and businesses throughout the region.

7.      The LVGA payment token is an alternative form of digital payment and its function is to incentivise spending in the city and supporting local commerce. Technically, LVGA can be compared to a cryptocurrency as it is based on blockchain technology that certifies transactions. Unlike other cryptocurrencies, LVGAs exist only within the MyLugano wallet and, once obtained, can neither be traded nor sold, but only spent within the Network, thus avoiding any speculative intent. Their value is not subject to fluctuation, being “pegged” to that of the Swiss franc. They can be purchased in the App’s wallet or obtained through cashback by purchasing at affiliated businesses.

WHO MANAGES MYLUGANO?

8.    MyLugano is managed by the Municipality of Lugano.

9.    Contact: Municipio di Lugano, Piazza della Riforma 1, 6900 Lugano, +41 (0)58 866 60 75, my@lugano.ch.

10.  Communication must be made in writing, and are considered valid:

·    if sent by ordinary mail: with proof of receipt;

·    if sent by e-mail: with read confirmation.

WHY ARE THERE VARIOUS LEVELS OF REGISTRATION in the mylugano app?

11.  The existence of various registration limits in the App offers the user a personalised and gradual approach, based on their requirements at the time. Registration takes place sequentially, starting from the first level up to the most advanced one. Access is only obtained for the next profile after having completed registration for the previous one.

12.  Furthermore, the distinctions between the various levels reflect the identification requirements to be met and the limits to be observed under existing and applicable regulations. By performing the services of issuing LVGAs and transferring LVGAs to third parties, the Municipality is a financial intermediary affiliated with a self-regulatory organization (SRO) (https://www.finma.ch/en/authorisation/self-regulatory-organisations-sros/sro-member-search/) and as such is subject to applicable and applicable AML/CFT regulations.

WHAT ARE THE VARIOUS REGISTRATION LEVELS in the mylugano app?

13.  In order to use the App, the new User must create an account in which they register their personal information. There are three levels of registration, which differ in respect of the User verification and usage limits:

·    profile for basic use (‘Basic Profile’);

·    profile for current use (‘Verified 1.0 Profile’);

·    profile for extended use (‘Verified 2.0 Profile named Plus’).

DO YOU HAVE TO LIVE IN LUGANO AND/OR BE A SWISS CITIZEN TO REGISTER IN THE MYLUGANO APP?

14.  Anyone, including residents, visitors, tourists, of any nationality and residence, can register in the App.

15.  By accessing the App, the User declares and guarantees that:

·    they have the right, authority and legal capacity to accept the General Terms and Conditions;

·    they will not use the App if the laws of their country of residence and/or citizenship prohibit it;

·    they will access or use the App for personal use only;

·    they will not be subject to personal sanctions issued by Switzerland, the United Nations, the United States of America or the European Union, including FATF lists (“Sanctions Lists”);

·    they will not access the App from one of the embargoed or restricted countries according to the Sanctions Lists;

·    PEPs can only register with a Basic Profile.

CAN MINORS REGISTER?

16.         After downloading the App, user registration is available to all persons aged 14 and over.

17.         Minors may only register for the Basic Profile and the Verified 1.0 Profile. Upon reaching the age of majority, Users may register for the Verified 2.0 Profile.

18.         For Users who are minors, the consent of the legal representative to the activation of the service is required. This consent is deemed implicit: it is therefore the responsibility of the minor to obtain it.

19.         The Municipality assumes no liability for the use of the App by minors.

Can USER ACCOUNTS be deleted or blocked?

20.         You may remove your account at any time by confirming the appropriate request in the App. This will result in the immediate blocking of access to MyLugano and the permanent loss of all accumulated LVGAs. Deletion does not prevent the User from registering again.

21.         The Municipality will block or delete an account in the event of:

·       violation of rules of conduct and security;

·       breach of the General Terms and Conditions;

·       violation of applicable Swiss or foreign regulations;

·       at the written request of the authorities.

22.         The Municipality reserves the right to block an account as a precautionary measure in case of warnings and/or indications of violations throughout the verification procedure.

23.         In cases where blocking is due to scheduled events, the Municipality will notify the User in advance, specifying the reason for and date of the account block.

24.         In the event of account block or deletion, the Municipality assumes no responsibility, and the User waives any right to compensation.

25.         If the User proceeds with the ‘recover/reset password’ option, because they have forgotten their password and wish to obtain a new one, for example, the transaction history in the App disappears since a new wallet is created. The funds held are credited to the new wallet. The transactions remain on the Swiss Ledger and cannot be deleted.

26.         In the event of an Account remaining unused for a period of more than 48 months, the Municipality reserves the right to delete the Account, subject to at least 30 days’ notice. If there are any LVGAs in the wallet, the Municipality will issue three (3) notifications, each one 30 days after the previous one. Failing a response, the Municipality reserves the right to cancel the Account. Any remaining LVGA will be donated to the Municipality.

      II.            USER APP REGISTRATION, WALLET ACTIVATION AND FEATURES

Basic Profile

27.         Upon completion of the User’s registration with Basic Profile, a digital wallet (‘Wallet‘) is created that allows the User to accumulate and use LVGAs, book events and redeem non-fungible tokens (‘NFTs‘).

28.         The following information is required: first name, surname, date of birth, e-mail, telephone number and nationality.

29.         Users with a Basic Profile get a benefit in the form of a 5% “cashback” for every purchase of CHF 5.00 or more made within the Network (“Cashback“) upon receiving MyLuganoPass.

30.         LVGAs in one’s own wallet cannot be converted back into francs or other currencies or exported to wallets outside the MyLugano wallet.

31.         At any time, the MyLuganoPass holder can complete the App’s identity verification process by registering as a Verified 1.0 Profile user, in order to take advantage of more features and benefits, receiving the MyLugano Card. The registration process may be continued until the Verified 2.0 Profile is activated.

Verified 1.0 Profile

32.         Only users with a Basic Profile can apply for a Verified 1.0 Profile.

33.         When registering as a Verified 1.0 Profile, the following additional information is required: address, photograph/selfie and photograph (front and back) of the identity document (passport, identity card, as well as foreigner’s permits issued by a Swiss authority with a validity of at least 6 months after activation of the profile).

34.         Users with Verified 1.0 Profile receive a benefit in the form of a “cashback” of 10% for every purchase of CHF 5.00 or more made within the Network (“Cashback“) by receiving the MyLuganoCard.

35.         LVGAs in one’s own wallet cannot be converted back into francs or other currencies or exported to wallets outside the MyLugano wallet.

36.         At any time, the user with a Verified 1.0 Profile can complete the registration process until the Verified 2.0 Profile is activated.

VERIFIED 2.0 ‘PLUS’ profile

37.         Only users with a Verified 1.0 Profile may apply for a Verified 2.0 Profile.

38.         For user registration for the Verified 2.0 Profile, the following additional information is required: name of employer and proof of residence (e.g. health insurance bill, an invoice for the payment of taxes or an invoice issued by another authority or a utility bill, e.g. power, water or telephone). You are also asked to confirm in the App the truthfulness and correctness of the documents and information provided.

39.         The User acknowledges that registration for the Verified 2.0 Profile is subject to discretionary approval by the Municipality and that additional information may be requested for anti-money laundering and anti-terrorism purposes to verify identity and financial background.

40.         Activation of the Verified 2.0 “Plus” Profile enables peer-to-peer functionality between MyLugano “Plus” users as described in the table at point 44 below.  

41.         LVGAs in one’s own wallet cannot be converted back into francs or other currencies or exported to wallets outside the MyLugano wallet.

is a PHYSICAL CARD STILL available?

42.         Yes, it is also possible to access MyLugano services, limited to the Network, by means of an analogue MyLuganoCard, which can be obtained at the City counters at a cost of CHF 5.00 with automatic crediting of the same amount in LVGA and by providing the information necessary for registration as a Verified 1.0 Profile.

ADVANTAGES AND LIMITATIONS CONCERNING LVGA

43.         Users may pay LVGA for any purchase of goods or services within the Network. In the event of a return of goods, the User shall return the Cashback without delay to the issuing Partner according to the Partner’s instructions.

44.         The individual profiles give Users specific advantages with the following limitations:

45.         Any additional discounts are managed at the Partner’s sole discretion before applying the Cashback. Special promotions carried out by the Partner are excluded, to which the Cashback does not apply cumulatively.

46.         In the case of payments split among the participants, the Cashback can only be applied to the part of the bill actually paid by each User.

47.         The Merchant has the right to refuse Cashback at their sole discretion if they ascertain that the User is using a different wallet but is in fact the same person who has already received, or attempted to receive, Cashback for the same transaction.

48.         The LVGAs received or purchased do not confer any right to conversion and/or reimbursement in Swiss legal tender or in other currencies by the issuer or third parties. They do not confer any right other than that of being used as a means of payment with Partners and only for the duration of the membership to the Network.

49.         In the event of closure of the Network, the LVGA will automatically expire without the right to conversion and/or reimbursement.

PROFILE validity

50.         The validity of the Basic Profile is unlimited.

51.         On the other hand, the validity of the Verified 1.0 Profile and 2.0 (Plus) as well as for the analog MyLugano Card corresponds to the expiry date of the identity document provided for identification.

52.         The renewal of the Verified 1.0 Profile and 2.0 (Plus) can be done directly in the App, while for the analogue MyLuganoCard the user must go in person to the municipal helpdesks.

53.         In the event of non-renewal of expired documents or at the discretion of the Municipality, the user is downgraded to Basic Profile.

III.              ASSET SECTION IN THE MYLUGANO APP

54.         Via the “asset section” the User accesses a personal wallet in which they can independently manage digital assets, such as cryptocurrencies and NFTs, on different blockchains, completely outside the ecosystem provided by the Municipality.

55.         The management of digital assets is an advanced mode of use of the App that involves some risks and is intended only for Users who are already familiar with the operation of a digital wallet.

56.         The Municipality has no control over and assumes no responsibility for the loss of assets (for example, as a result of the loss of the private cryptographic keys needed to access the User Wallet or the funds held, or sending tokens to the wrong wallet), fluctuations in value or the application of fees related to any operation in the “assets section”.

IV.               BOOKING AND PURCHASING TICKETS FOR EVENTS

57.         MyLugano promotes events organized by the Partners or the Municipality itself.

58.         In some cases, it is possible to purchase or reserve tickets for events, activities, shows or venues (hereinafter referred to as “Events”) directly through the App. In other cases, the operation must be carried out as indicated by the Partner.

59.         By reserving or purchasing one or more tickets for an Event (and any related products and/or services) through the App, a contract is established between the Partner organizing the Event and the User.

60.         Any special contractual terms and conditions applicable to individual Events, which are binding for the User, are reserved and stated in the corresponding Event description.

61.         The identity of the Partner is indicated in the Event description.

62.         The Municipality of Lugano only manages the software for planning and registering Events and assumes no responsibility for the fulfilment of the contract between the User and the Partner.

63.         The contract is concluded with the finalization of the online transaction through the App. The transaction (including free reservations) is confirmed immediately via the e-mail address indicated by the User. If you do not receive an order confirmation, please contact customer services on +41 58 866 60 75 (Monday-Friday from 8 a.m. to 5.30 p.m.).

64.         The printed order confirmation or that available on the User’s device is the only proof of entitlement to the services purchased. The User is solely responsible for keeping the order confirmation. Lost order confirmations cannot be replaced.

65.         The order confirmation contains the main details of the transaction. Only the person/people (in the case of multiple transactions) whose name appears on the order confirmation will receive access to the Event. The right of access is non-transferable. For each order, the User will receive a single access pass (even if for multiple people) and all the people included on the pass must enter at the same time.

66.         The User agrees to provide complete, up-to-date and correct information during the online booking process, otherwise the transaction will be deemed invalid and the User will be excluded from the Event at any time. No refunds or compensation of any kind will be provided.

67.         The reproduction, disclosure and/or transfer of order confirmations is prohibited. The Partner may deny access to the facilities if it detects the presence of unauthorized reproductions or imitations of order confirmations. The Partner is not required to verify that the person presenting themselves at its venues with the order confirmation is the actual holder, nor to check the authenticity of the document shown.

68.         If access to the Municipality of Lugano venues is not granted, for any reason or cause, including failure to arrive by the established time, the right to the event automatically expires. The right to any form of alternative service and/or reimbursement is denied.

69.         Prices are indicated in CHF, VAT included, net of commissions applied for the use of credit cards, which are charged to the Municipality of Lugano.

70.         Tickets are strictly for personal use and are non-transferable, non-refundable and non-exchangeable.

71.         In the event that the Event is postponed, the User will be entitled to a replacement ticket for the new date. In the event of a permanent cancellation, the User will only be entitled to a refund for the cost of the ticket.

72.         By completing the transaction, the User confirms that they accept the provisions related to the Events regarding security, access, protection plans or similar where applicable. In case of violation, they lose all rights to remain and/or access the Event without any right to be reimbursed or compensated.

73.         Each participant must be able to identify themselves with a valid identity document at any time, or risk exclusion from the Event.

74.         The Municipality of Lugano and/or the Partner are not responsible for any interruption, suspension, cancellation, modification or delay due to events beyond their control or attributable to third parties. Liability is in any case limited to direct damages, as well as to wilful misconduct or gross negligence.

V.              GROUP CHAT  

75.         In the App and on the Website there is an assistance service managed by individuals defined as “Experts” who form the support “Group” “Community” (“Chat”).

76.         The Chat is a support tool for receiving information and assistance related to the services offered by MyLugano.

77.         The User must use the Chat exclusively for these purposes and not for other purposes.

78.         The User is obliged not to enter sensitive or personal data of their own or of third parties in the Chat.

79.         If the User voluntarily enters personal or sensitive data in the chat, they assume all responsibility. The Municipality or its collaborators are not liable for any consequences deriving from the disclosure of such information.

80.         The User must refrain from requesting personal or confidential information from the experts (e.g. identification or contact details).

81.         In the event of a violation, the Municipality may take the necessary measures, including blocking access to the Chat or the User’s account and claiming damages.

82.         The Chat is managed by a third-party provider. The terms of service and the privacy policy of this provider are listed in the Chat.

83.         The use of the Chat remains anonymous for the User, who remains unidentified.

84.         Chat conversations are recorded and stored in accordance with the law for security reasons and for the training of Experts.

VI.               USER’S OBLIGATIONS AND RESPONSIBILITIES

85.         The User agrees to use MyLugano (and related resources: e-mail, telephone, website, social media profiles, etc.) in good faith and in accordance with these GTC.

86.         In particular, the User agrees to:

·        hold and use the LVGAs solely in their own name and on their own behalf;

·        not to participate in schemes to obtain LVGAs that are not due to them;

·        not to transmit illegal, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate content through the App and/or the Network;

·        not to use the Network and the information contained therein to commit illegal or fraudulent acts or acts that violate the rights of third parties;

·        to communicate updated and correct data and information;

·        not to interfere with the activity of MyLugano or hinder the usability of the services by Users.

87.         The User is obliged and commits to registering only once and to associate their account with only one e-mail address. If the User attempts to create or use more than one account, they will be held responsible for any damages or reimbursement of unduly received sums. In case of violation, the Municipality will immediately deactivate all accounts attributable to the User. Upon deactivation, the User will lose all accumulated LVGAs without the right to compensation or indemnity of any nature.

OBLIGATIONS AND RESPONSIBILITIES OF THE MUNICIPALITY

88.         The Municipality accepts no responsibility in the event of loss, malfunction or technical faults that make it impossible to use the services offered through MyLugano, with no right to compensation or reimbursement on the part of the User.

89.         The User assumes full responsibility for the use of the services provided by MyLugano.

90.         The Municipality is exempt from any responsibility and/or obligation of supervision regarding the activity carried out by the Users, with the exception of the obligations of supervision on transactions for the purposes of the Law on money laundering.

91.         The Municipality is not liable for the quality, completeness and promptness of the contractual service paid in LVGA provided to the User by the Supplier.

Procedure in the event of PAYMENT ERRORS

92.         In the event of incorrect issuance of Cashback by the Partner:

·        if the cashback amount is higher than the amount due or not due at all from the Partner: the Municipality is authorized to communicate the User’s data to the Partner so that the Partner can request a refund of the excess amount paid;

·        if the cashback amount is less than the amount due or has not been issued by the Partner, the User may contact the Municipality with any complaints or requests for information;

·        If the user has made an incorrect payment or has paid more than is due, the Municipality shall be entitled to communicate its data to the Partner, so that the Partner can return the overpaid amount or correct the error.

93.         The Municipality accepts no liability for payment errors.

Limitation of liability

94.         Neither the Municipality, nor any other member of the Network, shall be liable for any event beyond the reasonable control of the Municipality, nor for any injury, direct or indirect loss of earnings, direct or indirect damage, including loss and/or theft of LVGA and/or NFT, loss of data, damage to reputation, person or property relating to or arising out of the services connected with the use of MyLugano.

95.         The purchase of LVGA is irrevocable and final.

96.         The liability of the Municipality of Lugano and/or the Provider for the products and services purchased or reserved by the User through the App shall lapse with the reimbursement or replacement of the service purchased.

RIGHT TO PRIVACY

97.         All data collected by the Municipality is managed according to the Privacy Policy published on the Website.

98.         The App provides the option of activating biometric recognition (face or fingerprint identification – depending on the device used – combined with a 4-digit pin code). By activating this option, the User is aware of the consequent assumption of risks associated with the use of this simplified mode.

INTELLECTUAL PROPERTY RIGHTS

99.         All intellectual property rights to MyLugano and the services offered by the Municipality within MyLugano belong exclusively to the Municipality or its licensors.

100.     The Municipality grants the user a simple, limited licence for the downloaded services, exclusively for personal and non-commercial use.

APPLICABLE LAW AND JURISDICTION

101.     Swiss law applies.

102.     The Court of Lugano has exclusive jurisdiction.

THANK YOU FOR PARTICIPATING IN OUR INITIATIVE!