General conditions

GENERAL TERMS AND CONDITIONS RELATING TO THE “MY LUGANO” SERVICE

March 2025/Version 4.0

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PREMISES

A) This document sets out the contractual conditions (”General Conditions” or”CGC”) to subscribe to the “MyLugano” service (”MyLugano”), an initiative of the City of Lugano (”common”).

B) Private Users (”Users/User”) interact with MyLugano through the “MyLugano” app (”app”), the 'Circuit' (”Circuit”) and the site https://my.lugano.ch/ (”Site”).

C) The GTC apply to all MyLugano Users.

D) The processing of personal data is governed by the Privacy Policy and the Cookie Policy which, together with the GTC, are available on the Site and the App, and form an integral part of the entire contractual relationship with the User (”Contract”).

E) The User accepts the Agreement in the version in force at the time of each use. The City reserves the right to modify 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?

• The City 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 technologies. 
• MyLugano consists of the App, the Circuit and the Site, briefly described below.
• Through the App, the User can carry out various operations, namely:
  
  • buy, send, receive and accumulate LVGA;
  • carry out economic transactions in LVGA;
  • carry out economic transactions in Fiat CHF currency (processed by banks or credit cards);
  • purchase a product or service, provided by the City of Lugano or by the MyLugano Partners (”Partner” or”Vendor” or”Merchant”);
  • book and/or buy entrance tickets to facilities, events and events promoted by the City of Lugano or by MyLugano's partners;
  • interact with a group of experts.

• The Circuit, consisting of Partners, is aimed at supporting local purchases, encouraging spending in the city and supporting small and medium-sized businesses in Lugano (shops, public establishments, hotels, city cultural realities, local producers, any service provider).
• The Site contains available information about MyLugano.
• “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 citizen payment token called”LVGA”, with a value stamped at that of CHF and equal to 100 LVGA = 1 CHF, is issued on Swiss Ledger. Swiss Ledger guarantees efficient and secure transactions available to local users and economic activities.
• The LVGA payment token is an alternative form of digital payment and its function is to encourage spending in the city and support local commerce. Technically, LVGAs can be assimilated to a cryptocurrency because they are based on blockchain technology that certifies their transactions. Unlike other cryptocurrencies, LVGAs exist only within the MyLugano wallet and, once obtained, they can neither be traded nor sold, but only spent within the Circuit, thus avoiding any speculative intent. Their value is not subject to fluctuation as they are 'pegged' to that of the Swiss franc. They can be purchased in the App wallet or obtained with cashback by purchasing at affiliated businesses.

WHO MANAGES MYLUGANO?

• MyLugano is managed by City of Lugano.
• Contacts: Lugano City Hall, Piazza della Riforma 1, 6900 Lugano, +41 (0) 58 866 60 75, my@lugano.ch.
• Communications must be made in writing, and are considered valid:
  
  • if sent by regular mail: with proof of receipt;
  • if sent by e-mail: with the confirmation of reading.

WHY ARE THERE DIFFERENT LEVELS OF REGISTRATION IN THE MYLUGANO APP?

• The existence of various registration limits in the App offers the User a personalized and gradual approach, based on their current needs. The recording takes place sequentially, starting from the first level up to the most advanced level. You can access the following profile only after you have completed the registration for the previous one.
• In addition, the distinctions between the various levels reflect the identification requirements to be met and the limits to be observed based on current and applicable regulations. By carrying out the services of issuing LVGA and transferring LVGA to third parties, the Municipality is a financial intermediary affiliated with a self-regulatory body (OAD) (https://www.finma.ch/it/autorizzazione/organismi-di-autodisciplina-oad/ricerca-di-affiliati-oad/) and as such is subject to current and applicable anti-money laundering and anti-terrorism regulations.

WHAT ARE THE VARIOUS LEVELS OF REGISTRATION IN THE MYLUGANO APP?

• In order to use the App, the new User must create an account in which they register their personal information. In this regard, there are three levels of registration, which are distinguished by the extent of the User's verification and the limits of use:
  
  • profile for basic use (“Basic Profile”);
  • profile for current use (“Verified Profile 1.0”);
  • profile for extended use ('Verified Profile 2.0 called Plus').

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

• Anyone, including residents, visitors, tourists, of any nationality and residence, can register in the App.
• By accessing the App, the User declares and guarantees to:
  
  • have the right, authority and legal capacity to accept the General Conditions;
  • do not use the App if the laws of your country of residence and/or citizenship prohibit you from doing so;
  • access or use the App for personal use only;
  • 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”);
  • not to access the App from one of the countries subject to an embargo or restrictions according to the Sanctions Lists;
  • PEPs can only register with a Basic Profile.

CAN MINORS REGISTER?

• After downloading the App, User registration is available to all people over 14 years old.
• Underage Users can register only for the Basic Profile and for the Verified Profile 1.0. Upon reaching the age of majority, Users can register for the Verified Profile 2.0.
• For underage users, the consent of the legal representative to activate the service is reserved. This consent is considered implicit: it is therefore the responsibility of the minor to have obtained it.
• The City does not assume any responsibility regarding the use of the App by minors.

CAN THE USER ACCOUNT BE DELETED OR BLOCKED?

• The User can remove their account at any time by confirming the appropriate request in the App. This results in the immediate blocking of access to MyLugano and the definitive loss of all accumulated LVGAs. Cancellation does not prevent the User from registering again.
• The City blocks or deletes an account in the event of:
  
  • violation of the rules of conduct and safety;
  • violation of the General Conditions;
  • violation of applicable Swiss or foreign regulations;
  • at the written request of the authorities.

• The City reserves the right to block an account for precautionary purposes in the event of simple reports and/or indications of violations throughout the verification procedure.
• In cases where the block is related to plannable temporal events, the Municipality provides an advance notice to the User specifying the cause and date of blocking the account.
• In case of blocking or deleting the account, the City does not assume any responsibility, and the User waives any claim for compensation.
• If the User proceeds with the “recover/reset password” option, for example because he forgot his password and wants to obtain a new one, the transaction history in the App disappears as soon as a new wallet is created. The funds held are credited to the new wallet. The transactions remain on Swiss Ledger and are not cancellable.
• In the case of an unused Account for a period longer than 48 months, the City reserves the right to delete the Account, subject to notification of at least 30 days. If there are LVGAs in the wallet, the City will make three (3) notifications, each 30 days after the previous one. In case of no response, the City reserves the right to cancel the Account. Any remaining LVGA will be donated to the Municipal Fund.

II. USER REGISTRATION IN THE APP, WALLET ACTIVATION AND FUNCTIONALITY
BASIC PROFILE

• With the completion of the registration of the User with a Basic Profile, a digital wallet is created (”Wallet”) that allows you to accumulate and use LVGA, to book events and redeem non-fungible tokens (”NFTs”).
• The following data are requested: name, surname, date of birth, e-mail, telephone number and nationality.
• The User with a Basic Profile obtains a discount in the form of a “cashback” of 5% for every purchase starting from CHF 5.00 made within the Circuit (”Cashback”), receiving the MyLuganoPass.
• The LVGAs in your Wallet cannot be converted back into francs or other currencies or exported to “wallets” external to that of MyLugano.
• At any time, the holder of the MyLuganoPass can complete the identity verification process through the App by registering as a User with a Verified Profile 1.0, to take advantage of a number of features and greater benefits, receiving the MyLugano Card. You can also continue the enrollment process until the Verified Profile 2.0 is activated.

VERIFIED PROFILE 1.0

• Only Basic Profile Users can request a Verified Profile 1.0.
• When registering as a Verified Profile 1.0, the following additional data are requested: address, photo/selfie and photograph (front and back) of the authentication document (passport, identity card, as well as permits for foreigners issued by a Swiss authority valid for at least 6 months from the activation of the profile).
• The User with a Verified Profile 1.0 receives a discount in the form of a 10% “cashback” for every purchase starting from CHF 5.00 made within the Circuit (”Cashback”), receiving the MyLuganoCard.
• The LVGAs in your Wallet cannot be converted back into francs or other currencies or exported to “wallets” external to that of MyLugano.
• At any time, the User with a Verified Profile 1.0 can complete the registration process until the Verified Profile 2.0 is activated.

VERIFIED PROFILE 2.0 'PLUS'

• Only Users with Verified Profile 1.0 can request a Verified Profile 2.0.
• For the registration of the User with a Verified Profile 2.0, the following additional data are required: name of the employer and proof of residence (example: health insurance bill, an invoice for the payment of taxes or an invoice issued by another authority or a bill for electricity, water or telephone). You are also asked to confirm in the App the veracity and completeness of the documents and data provided.
• The User acknowledges that registration to the Verified Profile 2.0 is subject to discretionary approval by the Municipality and that additional data or information may be requested for anti-money laundering and anti-terrorism purposes to verify identity and financial background.
• The activation of the Verified Profile 2.0 “Plus” allows “peer-to-peer” functionality between MyLugano “Plus” users as described in the table in point 44.
• The LVGAs in your Wallet cannot be converted back into francs or other currencies or exported to “wallets” external to that of MyLugano.

DOES A PHYSICAL CARD STILL EXIST?

• Yes, it is possible to access MyLugano services, limited to the Circuit, also through an analog MyLuganoCard, obtainable at the City's branches at a cost of CHF 5.00, providing the information necessary to register as a Verified Profile 1.0. The same amount is automatically credited upon registration.

ADVANTAGES AND LIMITATIONS REGARDING LVGA

• Users can pay in LVGA for any purchase of product or service within the Circuit. In case of returning the goods, the User must return the Cashback without delay to the Partner who provided it according to instructions given by the same.
• Individual profiles provide Users with specific advantages with the following limitations:

• Any additional discounts are managed at the total discretion of the Partner before the Cashback is applied. Special promotions carried out by the Partner are reserved, to which Cashback does not apply cumulatively.
• In the case of so-called payments. “Roman-style” (fair division of the account between the participants), the Cashback is recognized by the Merchant only on the share actually paid by each User.
• The Merchant has the right to refuse Cashback at his total discretion if he ascertains that the User is using a different wallet but is actually the same person who has already used, or tried to use, a Cashback for the same transaction.
• LVGAs received or purchased do not confer any right to be converted and/or reimbursed in Swiss legal currency or 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 to Partners and limited to the period of membership in the Circuit.
• If the Circuit is closed, the LVGAs will automatically lapse without the right to conversion and/or reimbursement.

VALIDITY OF PROFILES

• The validity of the Base Profile is unlimited.
• Instead, the validity of the Verified Profile 1.0 of 2.0 (Plus) as well as for the analog MyLugano Card corresponds to the expiration date of the identity document provided for identification.
• The renewal of the Verified Profile 1.0 of 2.0 (Plus) can be carried out directly in the App, while for the analog MyLuganoCard the User must go to the City's branches in person.
• In case of non-renewal of expired documents, as at the discretion of the Municipality, the User undergoes a downgrading of their profile to the Basic Profile.

III. ASSET SECTION IN THE MYLVGANO APP

• Through the “asset section”, the User accesses a personal wallet in which digital assets, such as cryptocurrencies and NFTs, can be managed independently on different blockchains, completely outside the ecosystem made available by the Municipality.
• Digital asset management represents an advanced way of using the App that involves certain risks and is designed only for Users who are already familiar with how a digital wallet works.
• The City has no control nor assumes any responsibility for the loss of assets (for example following the loss of the private cryptographic keys necessary to access the User Wallet or the funds held or for sending tokens to an incorrect wallet), fluctuations in value or the charging of commissions related to any transaction in the “asset section”.

IV. BOOKING AND BUYING TICKETS FOR EVENTS

• MyLugano advertises Partner Events or the Municipality itself.
• In some cases, it is possible to buy or book entrance tickets to events, experiences, events or facilities (for everyone,”Event”) directly through the App. In other cases, the operation must be carried out in the manner indicated by the Partner.
• With the reservation or purchase of one or more tickets for an Event (and any related products and/or services) through the App, a contract is concluded between the Organizing Partner of the Event and the User.
• Any special contractual terms and conditions applicable to individual Events, binding on the User, indicated in the corresponding descriptive sheets, are reserved.
• The identity of the Partner is indicated in the Event form.
• The City of Lugano manages only the software for planning and recording Events and assumes no responsibility for the proper fulfillment of the contract between the User and the Partner.
• The contract is concluded with the finalization of the online transaction through the App. The transaction (including free reservations) is immediately confirmed by email indicated by the User. If you do not receive the order confirmation, please contact customer service at +41 58 866 60 75 (Monday to Friday from 08.00 to 17.00).
• The order confirmation printed or available on the User's electronic device is the only proof of the right to the services acquired. The User is solely responsible for keeping the order confirmation. The replacement of lost order confirmations is excluded.
• The order confirmation contains the main data relating to the transaction. Only the person (s) (in the case of a multiple transaction) whose name appears on the order confirmation will be able to access the Event. The right of access is not transferable. For each order, the User receives only one access ticket (even if it relates to several people), so all interested persons must log in at the same time.
• The User undertakes to communicate complete, updated and correct data during the online reservation process, under penalty of invalidating the transaction and excluding, at any time, from the Event. Refund and any form of compensation are excluded.
• The reproduction, disclosure and/or transfer of order confirmations is excluded. The Partner may deny access to the facilities if they notice the presence of invalid reproductions or imitations of order confirmations. The Partner is not required to verify that whoever shows up at their facilities with the order confirmation is the actual owner, nor to check the authenticity of the document presented.
• In case of lack of access to the facilities of the Municipality of Lugano, for any cause and reason, including lack of access within the established times, the rights to the service automatically lapse. The right to any replacement service and/or refund is excluded.
• The prices are indicated in CHF, including VAT, net of the fees charged for the use of credit cards that are charged to the City of Lugano.
• The tickets are strictly personal and are not transferable, transferable or refundable.
• If the Event is postponed, the User will be entitled to a replacement ticket for the new date. In case of definitive cancellation, only the cost of the ticket will be reimbursed.
• By completing the transaction, the User confirms that he/she accepts the provisions related to the Events regarding security, access, protection plans or similar where provided. In the event of a violation, you lose all right to stay and/or access the Event without any right to be reimbursed or compensated.
• Each participant must be able to identify themselves through a valid identification document at any time, under penalty of exclusion from the Event.
• The City of Lugano and/or the Partner are not responsible for any interruption, suspension, cancellation, modification, delay attributable to events outside its sphere of control or attributable to auxiliary persons. The liability is in any case limited to direct damage, as well as to intent or gross negligence.

V. CHAT WITH THE GROUP OF EXPERTS

• In the App and on the Site there is an assistance service managed by real people defined as”Experts” who form the 'Group'”community” support (”Chat”).
• The Chat is a support tool for receiving information and assistance related to the services offered by MyLugano.
• The User must use the Chat exclusively for these purposes and not for other purposes.
• The User is required not to enter their own or third party's sensitive or personal data in the Chat.
• If the User voluntarily enters personal or sensitive data in the chat, he assumes all responsibility for it. The Municipality or its collaborators are not responsible for any consequences deriving from the dissemination of such data.
• The User must refrain from requesting personal or confidential information from experts (e.g. identification or contact data).
• In the event of a violation, the City may take the necessary measures, including blocking access to the Chat or the User's account and claiming compensation for damages.
• The Chat is managed by a third-party provider. The Chat contains the terms of service and the privacy policy of that provider.
• The use of the Chat remains anonymous for the User, who is never identified.
• Chat conversations are recorded and stored in accordance with the law for reasons of security and expert training.

I'VE SEEN. OBLIGATIONS AND RESPONSIBILITIES OF THE USER

• The User undertakes to use MyLugano (and related resources: e-mail, telephone, web pages, social media profiles, etc.) in good faith and in accordance with these GTC.
• In particular, the User undertakes to:
  
  • hold and use LVGAs in their own name and on their own account;
  • do not participate in schemes to obtain LVGA that are not due to him;
  • not to transmit illegal, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate content through the App and/or within the Circuit;
  • not to use the Circuit and the information contained therein to carry out illegal, fraudulent or harmful acts against the rights of third parties;
  • communicate updated and truthful data and information;
  • do not interfere with the activity of MyLugano or hinder the usability of the services by Users.‍
• The User is required and undertakes to register 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, he will be held responsible for any damages or reimbursement of amounts wrongly received. In the event of a violation, the City will immediately deactivate all accounts attributable to the User. Upon deactivation, the User will lose all accumulated LVGAs without the right to any compensation or compensation of any kind.

OBLIGATIONS AND RESPONSIBILITIES OF THE MUNICIPALITY

• The Municipality declines all responsibility in case of loss, anomalies or technical failures that make it impossible to use the services offered through MyLugano without any right to compensation or reimbursement from the User.
• The User assumes total responsibility for the use of the services provided by MyLugano.
• The Municipality is exempt from any liability and/or obligation to oversee the activity carried out by Users, with the exception of the obligations to monitor transactions for the purposes of the Money Laundering Act.
• The Municipality is not responsible for the quality, completeness and timeliness of the contractual service paid in LVGA provided to the User by the Supplier.

PROCEDURE IN CASE OF PAYMENT ERRORS

• In case of incorrect issuance of Cashback by the Partner:
  
  • because it is increased or completely not due by the Partner: the Municipality is authorized to communicate the User's data to the Partner so that it can request the refund of the amount disbursed in excess;
  • because it is lower than due or not issued by the Partner, the User can contact the Municipality for any complaints or request information;
  • if the User has made an incorrect payment or has paid more than he should, the Municipality is authorized to communicate his data to the Partner, so that the Partner can return the amount overpaid or correct the error.
• The City does not assume any responsibility for payment errors.

LIMITATION OF LIABILITY

• Neither the City, nor any other member of the Circuit, can be held responsible for any event beyond the reasonable control of the Municipality, nor for any prejudice, direct or indirect loss of income, direct or indirect damage, including the loss and/or theft of LVGA and/or NFT, loss of data, damage to reputation, person or property related to or deriving from services related to the use of MyLugano.
• The purchase of LVGA is irrevocable and final.
• The responsibility of the City of Lugano and/or the Provider for the products and services purchased or reserved by the User through the App lapses with the reimbursement or replacement of the service purchased.

RIGHT TO PRIVACY

• All data collected by the Municipality are managed according to the Privacy Policy published on the Site.
• The App provides the possibility of activating biometric recognition (facial 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 risks associated with the use of this simplified mode.

INTELLECTUAL PROPERTY RIGHTS

• All the intellectual property rights of MyLugano and the services offered by the Municipality within MyLugano belong exclusively to the Municipality or its licensors.
• The City grants the User a simple and limited license for the downloaded services, exclusively for personal and non-commercial use.

APPLICABLE LAW AND COMPETENT COURT

• Swiss law applies.
• The Court of Lugano has exclusive jurisdiction.

THANK YOU FOR PARTICIPATING IN OUR INITIATIVE!