Terms of use

The “Spiiky” brand, platform, domain and services are owned by Amazing s.r.l. (“Amazing”/”Spiiky”/”we”/”us”/”our”). We are a company registered in Italy with our registered office at Strada Scaglia Est 144, 41126 Modena (MO).

We are glad you have chosen to use this application and we are committed to providing the best possible value and convenience for you.

Before you get started as a private end-user (“User”) or a merchant (“Partner”/”Merchant”) you must read and agree to these Terms.

By using the services offered on the Spiiky platform you accept and agree to be bound by these Terms of Use (“Terms”). Spiiky may at any time modify these Terms. You can review at any time the most current version of the Terms by clicking on the "Terms of Use" link located at the bottom of all website pages.

 

DEFINITIONS

In this Agreement, we use various defined terms. This is what they mean:

 

-"Partner", “Merchant” or ‘Issuer” means a third party seller of goods and services offering promotions on our Platform;

- “User” means a person registered on our Platform;

-“Platform” means the electronic means by which our Service is made available, including our website spiiky.com and app;

-"Register" means "create an account on the Website" (and "Registration" means the action of creating an account);

-"Service" means all or any of the services provided by Amazing via the Platform;

-"Website" means the spiiky.com website.

 

GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE

Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.

To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over.

The Website and the Service and any Purchase are directed solely at those who access the Website from Malta. We make no representation that the Service is available or otherwise suitable for use outside of Malta. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Malta, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes.

We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.

 

SERVICE

On the website spiiky.com one can find coupons and discount vouchers for services offered by our Partners. As issuers of said coupons, Partners are the sole party responsible for providing to the user the related services and will do so according to their own terms and conditions.

Spiiky is also a social network where registered Partners and Users can share posts, pictures, comments and reviews. The author is the sole responsible for the published content.


TERMS
a. COUPONS

The validity of each coupon is subject to a time limit and is determined by every Partner for each single deal.

Once the download request by the User is accepted by the system the coupon will be sent in pdf format to the email address inserted upon the User’s registration.

Users can benefit from the discount provided by the coupon only upon exhibiting it to the issuing Merchant.

Coupons can be presented both in paper and digital form.

The coupon will appear to having been redeemed only when either the User will insert the confirmation code or the Partner will confirm its use within the deal management dashboard.

All coupons are assigned unique codes.

Coupons lose their value after expiration.

Coupons are transferable.

Reproduciton, editing and any form of manipulation of coupons is forbidden.
Unless stated otherwise each coupon can be used for only one transaction.

A transaction is complete when the user inserts the confirmation code for a given deal in the dedicated area, confirming the redemption of the coupon or voucher.
 

b.  DISCOUNT VOUCHERS

Discount vouchers entitle the User to a discount on future purchases at the Issuer’s point of sale in accordance to the terms set within the deal details.

Partners are the sole party responsible for providing to the user the related services and will do so according to their own terms and conditions.

Discount vouchers are not transferable.

Once the download request by the User is accepted by the system the discount voucher will be sent in pdf format to the email address inserted upon the User’s registration.

Unless stated otherwise each discount voucher can be used for only one transaction and are may not be combined with other discounts, unless stated otherwise.

The validity of each coupon is subject to a time limit and is determined by every Partner for each single deal. The redeemability of a discount voucher beyond its validity period is is at the Partner’s discretion.

Partial use of a discount voucher does not entitle the User to any credit, change or emission of an additonal voucher for the remaining value.

Discount vouchers may not be used to settle debts owed by the User to the issuing Partner.

 

Amazing s.r.l. is not responsible for the conformity of the service provided with the description found on coupons or vouchers. Your dealings with Partners including requests for information, bookings, coupon redeption or a merchant's refusal to honour an offer are solely between you and the applicable third party, as they are fully responsible for the description of the service found in the coupon and for its fulfillment. We shall not be held liable or responsible in any manner or for any reason whatsoever, should you encounter any problems with a particular merchant in participating to a promotion. Such complaints are to be settled directly with the merchant.

 

c. “My Reliability Score”

“My Reliability Score” is an evaluation system managed by Amazing which compares the number of reedemed coupons to the number of downloaded ones.
Any user downloading coupons and leaving them repeatedly unredeemed will be prevented from making use of further deals.


SERVICES FOR OUR PARTNERS

Spiiky.com gives businesses the possibility to offer deals, together with other additional promotional services.

 

- “CREATE A DEAL”

Through the “Create a Deal” functionality the Partner can choose to promote a deal on spiiky.com in any of the following ways:

 

- Discount on full price: the Partner offers a coupon for a discounted service, showing the full price, the discounted price and the discount;

- Discount voucher: a discount that can be redeemed by the user on any service offered by the Partner on spiiky.com;

- Free coupon: a coupon to make use for free of a service offered by a Partner;

- Fixed price promotion: promotion of a specific service at a given price.

 

An amount of €2.00 will be due to Amazing by the Partner for each “Discount voucher” or “Free coupon” downloaded and reedemed by a user. The sum will be included in a monthly invoice together with the payment for any other service.

An amount of 10% on the total value of “Discont on full price” and “Fixed price promotion” reedemed coupons will be due monthly to Amazing s.r.l. by the Partner for the sum of all coupons .

The payment for both services will be included in a monthly invoice issued by Amazing s.r.l. to the Partner.

 

ADDITIONAL SERVICES

Amazing s.r.l. offers the opportunity to Partners to promote their deals on spiiky.com purchasing additional services. Such optional services, presented to the Partner within the online deal creation procedure, are the following:

 

-Home page: the deal created by the Partner will show up in the top section of the homepage. The Partner will select the start and duration of the promotion for the selected deal. This service is subject to the availability of slots in the homepage.

-First row: the deal created by the Partner will show up in the top section of the category page the deal belongs to (e.g. a “dinner for two” deal is part of the “Dining” category). The Partner will select the start and duration of the promotion for the selected deal. This service is subject to the availability of slots in the homepage.

-Similar deals: the deal created by the Partner will show up in a prominent position within the website and within the “Similar deals” list featured in each deal page. This service is subject to the availability of slots in the homepage.

-Daily newsletter: the deal created by the Partner will be featured in the newsletter sent daily to all registered users. This service is subject to the availability of slots in the newsletter schedule.

- Social Network Package: the deal created by the Partner will be featured on Spiiky’s social network profiles (Facebook, Twitter) through advertising slots. The Partner determines the budget to be employed by Spiiky for this promotional campaign.

 

By using the Social Network Package service the Partner gives Amazing s.r.l. complete liberty to define all details regarding the execution of the promotional campaign. Amazing will not be held liable for unsatisfactory marketing results.

 

YOUR CONDUCT

By using the services offered by Spiiky you agree not to:

 

- use the Spiiky platform for any unlawful purpose;

- publish false, wrong, misleading or difamatory data;

- impersonate any other person or entity;

- conduct yourself in a vulgar, offensive, harassing or objectionable manner;

- transfer your account and user ID (including your feedback) without permisison from Amazing s.r.l.;

- modify, copy, resell or export the software, intellectual property and trademarks owned by Amazing;

- upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Spiiky platform;

- propagate spam, chain messages or pyramid schemes;

- interfere with the servers or networks connected to the Spiiky platform or to violate any of the procedures, policies or regulations of the networks connected to it;

- use Spiiky to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Spiiky.


USE AND CONTROL OF INFORMATION SUBMITTED

By sending, publishing or viewing content on the Spiiky platform you agree that Amazing is free to use any comments, information or ideas contained in any communication without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Spiiky application or other products or services.

NO WARRANTY & LIABILITY LIMIT

Amazing provides the Spiiky platform "as is" and without any warranty or condition, whether express, implied or statutory. Amazing specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Amazing assumes no liability or responsibility for any errors or omissions in the Spiiky platform, failures, delays or interruptions in the Spiiky platform, any losses or damages arising from the use of the Spiiky platform, including, without limitation, any damage to your mobile device or any conduct by users of the Spiiky platform.

We reserve the right to deliver the Spiiky platform in our sole and absolute discretion. The user expressly agrees that use of spiiky.com is at the user’s sole risk. Neither Amazing nor its employees, agents, third party content providers or licensors warrant that the Platform will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of it, or as to the accuracy, reliability or content of any information, service or merchandise provided through it.

We shall not be held liable or responsible in any manner or for any reason whatsoever, should you encounter any problems with a particular merchant in redeeming a voucher. Such complaints are to be settled directly with the merchant. Moreover we shall not be held responsible or liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contact, tortious behavior, negligence, or under any other cause of action. The user specifically acknowledges that Amazing is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the user.

In no event shall Amazing, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Spiiky application or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

In addition to the terms set forth above neither Amazing nor its Partners shall be liable for any errors, inaccuracies, omissions, or other defects in the information container in the Platform, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, not limited to, lost profits, punitive or consequential damages.

 

TERMINATION

Either Amazing or a User/Partner may terminate this Agreement at any time. Without limiting the foregoing, Amazing shall have the right to immediately terminate any registered account in the event of any conduct which Amazing, in its sole discretion, considers to be unacceptable, or in the event of any breach of these Terms.


INTELLECTUAL PROPERTY

Amazing s.r.l the proprietor of the SPIIKY trademark, brand name and platform, which includes any software, domains, and content made available through it.

The Spiiky platform application is protected by European, Italian and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Spiiky grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Spiiky platform without having obtained prior express written permission by Amazing s.r.l. Any unauthorized use of the Spiiky platform will terminate the limited license granted by us. Spiiky and its graphics, logos, icons and service names related to the Spiiky platform are registered and unregistered trademarks or trade dress of Amazing s.r.l. They may not be used without prior express written permission. All other trademarks not owned by Amazing that appear in connection with the Spiiky platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Spiiky.

 

INDEMNITY

You agree to indemnify and hold Amazing and each of its shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Spiiky platform or your violation of any law or the rights of any third party.

 

DISPUTES

You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Amazing arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Spiiky platform, Spiiky's advertising or any related transaction shall be governed in accordance with the laws of Malta. Any dispute arising out of the subject matter herein shall be referred to the Malta Arbitration Centre, Valletta, Malta and settled by the rules governing the said Centre.

 

ELECTRONIC COMMUNICATIONS

By using Spiiky’s website and app, you consent to receiving electronic communications and notices from Amazing. We reserve the right to send you electronic communications and notices, which include emails, SMSs and any other mobile advertising services, promoting our own services, in addition to communications necessary to the use of our platform, such as the confirmation codes or purchased coupons. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may unsubscribe and opt-out from receiving these communications at any time.

 

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Use of the Services requires Users to open an account by completing the registration process providing Amazing with current, complete and accurate information as prompted by the applicable registration form. Users also will choose a password and a user name. Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities that occur under their account. Users agree to notify Amazing immediately of any unauthorized use of their account or any other breach of security. Amazing will not be liable for any loss that Users may incur as a result of someone else using their password or account, either with or without their knowledge. However, Users could be held liable for losses incurred by Amazing or another party due to someone else using the User's account or password. Users may not use anyone else's account at any time, without the permission of the account holder.

 

GENERAL

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck off, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. These Terms set forth the entire understanding and agreement between you and Amazing with respect to the subject matter hereof.

 

CONTACT

If you have any questions about these Terms or the use of the Spiiky platform please contact us at the email or phone contacts found in the “Contact Us” page.

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