KidsConfetti Terms of Use

Version of [DATE] · Translation. The French version prevails.

---

Part A – General provisions

1. Operator

The website kidsconfetti.ch ("KidsConfetti", "we") is operated by [NAME], sole proprietorship, [ADDRESS], [POSTCODE] Lausanne, Switzerland, [UID if entered in the commercial register], email: hello@kidsconfetti.ch (see the imprint).

2. Definitions

• Platform: the website kidsconfetti.ch, its pages, forms and emails.
• Parent or User: anyone who visits the Platform or sends a request, usually as a private person.
• Provider: any person or business presented on the Platform that offers services related to children's birthdays (venues, entertainment, workshops, organisation, cakes, decoration, equipment rental, etc.).
• Listing: a Provider's profile page on the Platform.
• Unclaimed Listing: a Listing created by KidsConfetti from information the Provider itself published (in particular on its website) and that the Provider has not yet taken over.
• Request: the message a Parent sends through the Platform to one or more Providers of their choice.
• Service Contract: any agreement between a Parent and a Provider (booking, accepted quote, order, etc.).

3. KidsConfetti's role: making contact only

3.1 KidsConfetti provides a directory and a tool for sending Requests. Our role is limited to presenting information about Providers and forwarding Requests from Parents to the Providers they choose.

3.2 KidsConfetti is not an organiser, seller, agent, representative or broker of any Provider or Parent. We do not conclude any Service Contract on anyone's behalf, do not collect any payment for services and do not receive any commission on Service Contracts.

3.3 Every Service Contract is concluded exclusively between the Parent and the Provider. KidsConfetti is not a party to it and assumes no obligation under it, in particular regarding performance, quality, safety, compliance, price, payment, cancellation, postponement, refund or warranty.

3.4 Providers are independent businesses. KidsConfetti does not employ or direct them, does not supervise their services and has no control over their staff, premises, equipment or products.

3.5 A Listing on the Platform, its position in the results or a badge (e.g. "Verified" or "Pro") is not a recommendation, guarantee or certification of the Provider's quality, safety, reliability, permits or insurance (see sections 11 and 26).

4. Acceptance and changes

4.1 By using the Platform, and in any case by sending a Request or claiming a Listing, you accept these Terms of Use ("Terms"). If you do not accept them, do not use the Platform.

4.2 We may change the Terms for objective reasons (development of the Platform, changes in law or case law, new offers). The current version is published on the Platform with its date. Changes apply to Requests sent and use made after publication. For running paid plans, material adverse changes are notified by email at least 30 days in advance; the Provider may then terminate its plan with effect from the date the change takes effect, with a pro-rata refund of the paid, unused period.

5. Languages

The Terms exist in French, German, Italian and English. In case of discrepancy, the French version prevails.

---

Part B – Terms for parents and visitors

6. Free of charge

Browsing the Platform and sending Requests is free for Parents. KidsConfetti charges Parents nothing and collects no payment for services.

7. Sending a Request

7.1 You choose which Provider(s) receive your Request. Your Request is forwarded only after you confirm it via the link sent to you by email. An unconfirmed Request is not forwarded and is deleted after 7 days.

7.2 A Request is a non-binding enquiry. It is not a booking, an order or a firm offer. No Service Contract is formed by sending a Request. The Provider is free to answer or not, to accept or decline, and to set its own terms and prices.

7.3 KidsConfetti does not guarantee that a Provider will answer, be available, actually receive the Request (for example if its public email address is wrong or its spam filter blocks it), or that its answer will match the Listing.

7.4 You undertake to:

• give accurate information and use your own email address;
• send only genuine Requests reflecting a real need;
• not send fictitious, test, advertising or abusive Requests, or Requests on behalf of others without their consent;
• not include unnecessary information about third parties or your child in the message (e.g. surname, photo or medical details that are not needed). If you need to mention an allergy or special need, keep it to what is necessary; you agree that this information will be passed to the Providers you chose.

7.5 We may limit the number of Requests (e.g. per email address or period), refuse or not forward a Request that appears abusive, and block use contrary to the Terms.

8. Your relationship with the Provider

8.1 Before booking, it is up to you to check directly with the Provider, in particular:

• the total price, what is included, deposit and payment terms;
• cancellation, postponement and refund terms, and what happens in bad weather, illness or absence;
• the Provider's liability insurance and, where relevant, your own insurance;
• required permits, safety of premises, equipment (e.g. bouncy castles, craft materials, fire, animals) and activities, minimum age and maximum number of children;
• supervision: who looks after the children, how many adults are present, what remains your responsibility;
• food ingredients and how allergies and intolerances are handled;
• accessibility, times, exact address and the Provider's own terms and conditions.

8.2 Unless otherwise agreed in writing with the Provider, supervision of your children and invited children remains your responsibility and that of the other parents or accompanying adults.

8.3 Any complaint about a service (delay, no-show, cancellation, quality, price, damage, accident, food poisoning, allergic reaction, injury, loss or theft, etc.) must be addressed to the Provider, who is liable for it under the law and its contract with you.

9. Information published on the Platform

9.1 Listing information (description, categories, town, prices, times, ages, capacity, photos, contact details, etc.) comes from the Providers themselves or, for Unclaimed Listings, from information the Provider published (in particular on its website), with the source and verification date shown.

9.2 We make reasonable efforts to keep this information accurate and up to date, but it may be incomplete, inaccurate or outdated (for example after a change in price or offer). Prices are indicative; only the price confirmed by the Provider counts. KidsConfetti does not guarantee the accuracy, completeness or currency of the information, nor that the Platform shows all providers in a region.

9.3 If you notice an error, report it to hello@kidsconfetti.ch or via the "Error?" link on the Listing. We will correct it within a reasonable time.

10. No in-depth vetting of Providers

KidsConfetti does not check Providers' qualifications, permits, insurance, background (e.g. criminal record extract), hygiene measures, equipment compliance, solvency or reputation, unless expressly stated otherwise on the Listing, and then only to the extent stated and as at the time of the check.

11. Ranking, badges and featured placements

11.1 The order of results depends mainly on how well a Listing matches your search (category, area, age, stated availability) and how complete it is. Providers with a paid plan may be shown with priority; paid placements are labelled as such (e.g. "Pro" or "Featured").

11.2 The "Verified" badge only means that KidsConfetti checked, on a given date, that the Listing is managed by someone with access to the Provider's business email address [and, where applicable: that the business exists in the commercial register / UID register]. It does not guarantee the Provider's quality, safety, insurance or permits.

12. Disputes between Parents and Providers

12.1 KidsConfetti is not a mediation or debt-collection service and is not obliged to intervene in a dispute between a Parent and a Provider.

12.2 You may nevertheless report a serious problem to us (e.g. dangerous behaviour, fraud or misleading information). We may, at our discretion and without obligation, contact the Provider or change, suspend or remove its Listing. Such a measure (or its absence) does not make us liable and does not make us a party to the dispute.

13. Prohibited use

In particular, you may not:

• use the Platform for unlawful, fraudulent or misleading purposes;
• send fictitious or automated Requests, spam or advertising to Providers;
• collect contact details or content from the Platform by automated means (scraping, bots) or use Providers' contact details for bulk advertising;
• disrupt the operation or security of the Platform or circumvent its technical limits;
• impersonate another person or business.

14. KidsConfetti's liability

14.1 KidsConfetti is not liable for the services, products, premises, acts or omissions of Providers or Parents, or for resulting damage, in particular: accidents, injuries, harm to health, allergic reactions or food poisoning, property damage, loss or theft, delays, no-shows, cancellations, postponements, quality defects, price differences, a Provider's insolvency, disputes about payments or deposits, or the use Parents or Providers make of contact details they receive. These risks belong to the Service Contract and to the Parent's and Provider's own responsibility.

14.2 For its own services (publishing the directory and forwarding Requests), which are provided to Parents free of charge, KidsConfetti is liable only for damage caused intentionally or through gross negligence. To the extent permitted by law, any further liability is excluded, in particular for slight negligence, indirect or consequential damage, loss of profit, loss of data, inaccurate or outdated Listing information, Requests not received or not handled, temporary unavailability of the Platform, viruses or attacks despite appropriate security measures, and the conduct of auxiliaries (art. 101 para. 2 Swiss Code of Obligations).

14.3 Reservations. The above limitations do not apply where the law imposes mandatory liability, in particular: (a) for intent or gross negligence (art. 100 para. 1 Code of Obligations); (b) for injury to life, body or health caused by KidsConfetti's own fault; (c) under the Product Liability Act.

15. Third-party links and content

The Platform contains links to Providers' websites and other third parties. KidsConfetti has no influence over these sites and is not responsible for them. Their own terms and privacy notices apply.

16. Availability

We strive to keep the Platform working properly but do not guarantee uninterrupted availability or freedom from errors. We may change, suspend or discontinue all or part of the Platform; Providers with a paid plan are informed in accordance with section 26.

17. Intellectual property

The Platform, its name, logo, design, texts and database are protected (in particular by copyright, trademark and unfair competition law). Any reproduction or substantial extraction without written permission is prohibited, except for private use permitted by law. Content supplied by Providers remains their property (section 25).

---

Part C – Terms for providers

18. Scope

18.1 This Part C applies, in addition to Parts A and D, to every Provider, whether its Listing is unclaimed, claimed free of charge or linked to a paid plan. It applies at the latest from when the Provider claims its Listing, answers a Request forwarded via the Platform, or subscribes to a plan.

18.2 The Provider acts in a professional capacity (including as a self-employed person or association). It warrants that the person claiming or managing the Listing is authorised to represent the business.

19. Listings created from public sources (unclaimed)

19.1 To give Parents a useful overview of what is available locally, KidsConfetti may create Listings from business information that the Provider itself made public, in particular on its website (trade name, category, town, website, business contact details, published offer and prices). The source and verification date are shown on the Listing, together with the label "Listing not yet claimed".

19.2 KidsConfetti writes its own factual descriptions and does not copy the Provider's protected texts, photos or logos without consent. The Provider's name and trademarks are used only to identify it; no affiliation, partnership or endorsement is implied.

19.3 Until the Listing is claimed, Requests concerning it are sent to the business email address published by the Provider. Every email identifies its sender and contains a free unsubscribe link. These emails forward an individual Parent's request; they contain no bulk advertising.

19.4 The Provider may at any time and free of charge: (a) have the Listing corrected; (b) claim it; (c) stop receiving Requests (unsubscribe link); (d) request deletion of the Listing. Correction or deletion requests sent to hello@kidsconfetti.ch are handled within 5 working days; in case of an obvious infringement (e.g. wrong information or a Listing for a discontinued business), the Listing is hidden immediately on receipt. KidsConfetti may keep the minimum needed to avoid re-creating the Listing (e.g. the domain name and date of the request).

20. Claiming and account

20.1 A Listing is claimed via a secure link sent to the email address published by the Provider or another reasonable check. KidsConfetti may refuse or cancel a claim if there is doubt as to the claimant's entitlement.

20.2 The Provider keeps its access details confidential and is responsible for the use of its account. It informs us immediately of any misuse.

21. Accuracy of information

21.1 The Provider is solely responsible for the information in its claimed Listing and for its answers to Parents. It warrants that they are accurate, complete, up to date, not misleading and lawful (in particular under the Unfair Competition Act and the price indication rules).

21.2 It updates its Listing without delay when anything changes (price, offer, address, closure) and, for an Unclaimed Listing, reports any error to KidsConfetti.

21.3 KidsConfetti may, without any duty to check, correct, complete, shorten or refuse information that is obviously wrong, misleading, unlawful or contrary to the Terms.

22. Permits, insurance and child safety

The Provider represents and warrants, for as long as it is on the Platform, that it:

• holds all permits, licences, registrations and qualifications required for its activities (e.g. operating permit, cantonal rules on events, catering or food hygiene);
• holds professional liability insurance appropriate to its activities with children and shows it to Parents on request;
• complies with applicable rules on the safety of children, premises and equipment (e.g. safety standards for inflatables and play equipment, fire safety, maximum capacity), ensures adequate supervision, and entrusts children only to reliable and competent persons; where appropriate, it asks people working with children for a special criminal record extract (Sonderprivatauszug / extrait spécial);
• complies with food law, including information on allergens, and clearly informs Parents of ingredients and risks;
• clearly informs Parents of its prices, terms, cancellation conditions, what remains under parental supervision and any restrictions (age, health, capacity);
• is solely responsible for performing its services and for its staff and subcontractors.

23. Requests and Parents' data

23.1 Data received with a Request (name, email, phone, party details) is passed to the Provider only to answer that Request and to prepare, conclude and perform the Service Contract. For this, the Provider acts as an independent controller under the Swiss Federal Act on Data Protection (FADP).

23.2 The Provider undertakes to: keep this data confidential and secure; not sell it or disclose it to third parties unnecessarily; not use it for advertising or newsletters without the Parent's express consent (art. 3 para. 1 let. o Unfair Competition Act); delete it when no longer needed; and handle Parents' requests about this data itself.

23.3 The Provider answers Requests in good faith and within a reasonable time, or says it is not available. It does not contact Parents insistently.

24. No exclusivity; commercial freedom

24.1 Presence on the Platform is non-exclusive. The Provider remains free to use other channels, and KidsConfetti is free to present other providers, including competitors.

24.2 The Provider sets its prices and terms freely. KidsConfetti takes no commission on Service Contracts.

24.3 KidsConfetti does not guarantee any number of Requests, views or bookings, or any revenue.

25. Provider content

25.1 The Provider retains the rights to the texts, photos, logos and other content it publishes ("Content"). It grants KidsConfetti, for as long as the Content is published and the technical time needed for removal, a free, non-exclusive licence for Switzerland and the internet to use, reproduce, technically adapt (format, cropping, translation) and display the Content on the Platform, in related emails and to present the Platform (e.g. KidsConfetti's social media), without changing its meaning.

25.2 The Provider warrants that it holds all rights needed in the Content (copyright, trademarks, image rights of the people shown, in particular children, for whom it has the consent of their legal guardians) and that the Content infringes no third-party rights and no law.

25.3 Unlawful, misleading, discriminatory, pornographic, violent or defamatory content, and photos of identifiable children without valid consent, are prohibited.

26. Paid plans (Verified, Pro, Featured)

26.1 Free choice. The basic Listing is free. Paid plans are optional and never start automatically: they are concluded only when the Provider actively chooses them and confirms payment. The "Verified" plan is free until the first 3 real Requests are received; it becomes paid only if the Provider then chooses to continue.

26.2 Prices and content. The prices and features shown on the plans page at the time of subscription apply (currently: Verified CHF 10 per month or CHF 100 per year; Pro CHF 39 per month; Featured as per the displayed rate). Prices are in Swiss francs [VAT included where applicable; the operator is currently not registered for VAT – to be checked]. A paid plan improves visibility or features; it guarantees no result (section 24.3).

26.3 Payment. Payments are processed by the payment provider Stripe (cards, TWINT and other methods offered). KidsConfetti has no access to full card data. Stripe's terms also apply. Payment is due in advance for each period.

26.4 Term and renewal. Each plan runs for the chosen period (one month or one year) and renews for the same period unless cancelled; this is clearly stated at subscription, and a reminder is sent by email at least 14 days before an annual plan renews.

26.5 Cancellation by the Provider. The Provider may cancel at any time, without giving reasons, from its account or by email to hello@kidsconfetti.ch. Cancellation takes effect at the end of the current period; no further amount is charged. Amounts already paid are not refunded, except in the cases in sections 4.2, 26.6 and 27.3.

26.6 Price changes. A price change applies at the earliest from the next renewal and is announced by email at least 30 days in advance; the Provider may cancel before it takes effect.

26.7 Failed payment. If a payment fails, KidsConfetti may, after a reminder, move the Listing back to the free plan. The basic Listing remains visible.

27. Suspension, removal and deletion by KidsConfetti

27.1 KidsConfetti may, at its discretion, refuse, edit, hide, suspend or delete a Listing or Content, and suspend or close an account, in particular in case of: breach of the Terms or the law; repeated or serious complaints from Parents; doubts about children's safety; misleading information; persistent failure to answer Requests; closure of the business; unpaid amounts; or where the category no longer fits the Platform.

27.2 Where possible and appropriate, we inform the Provider beforehand and give it the opportunity to respond. Where children may be at risk, third-party rights are obviously infringed or an authority so orders, we may act immediately.

27.3 If KidsConfetti removes a paid plan through no fault of the Provider or stops operating the Platform, the paid, unused portion is refunded pro rata. No refund is due on removal for breach of the Terms.

27.4 The Provider has no right to be shown on the Platform or to any particular position.

28. KidsConfetti's liability towards Providers

28.1 KidsConfetti is liable only for damage caused intentionally or through gross negligence. To the extent permitted by law, any further liability is excluded, in particular for slight negligence, the conduct of auxiliaries, loss of profit, loss of customers or data, indirect damage, Requests not received, fictitious or not converted, errors in Unclaimed Listings and unavailability of the Platform.

28.2 If KidsConfetti were nevertheless held liable for slight negligence, its liability is limited to the amount the Provider paid KidsConfetti in the 12 months before the event giving rise to the damage (minimum CHF 100).

28.3 The reservations in section 14.3 apply accordingly.

29. Indemnity by the Provider

29.1 The Provider indemnifies and holds KidsConfetti harmless against all third-party claims (Parents, children, guests, authorities, rights holders) and all damage, costs and reasonable legal fees arising from: (a) its services, products, premises, staff or subcontractors; (b) its Content or information it supplied or failed to correct; (c) its use of Parents' data; (d) a breach of the Terms or the law.

29.2 KidsConfetti informs the Provider of any such claim without delay and, as far as possible, allows it to take part. KidsConfetti will not admit a claim without consulting the Provider, unless legally required to.

---

Part D – Final provisions

30. Data protection

The processing of personal data is described in the privacy notice, which forms part of these Terms to the extent it describes obligations.

31. Communications

Communications are in principle by email. Emails sent to the address given by a User or published by a Provider are deemed received. Contact: hello@kidsconfetti.ch.

32. Severability

If any provision of the Terms is or becomes void or unenforceable, the remaining provisions remain valid. The affected provision is replaced by a valid rule that comes as close as possible to its economic purpose, within the limits of the law.

33. Assignment

KidsConfetti may transfer the contract with a Provider to a successor taking over operation of the Platform; the Provider is informed and may then cancel its paid plan with a pro-rata refund.

34. Governing law and jurisdiction

34.1 These Terms and all legal relationships arising from them are governed by Swiss law, excluding conflict-of-law rules and the Vienna Convention on the International Sale of Goods.

34.2 The exclusive place of jurisdiction is Lausanne (Vaud), Switzerland. Mandatory places of jurisdiction are reserved, in particular, for consumers, the courts at their domicile or seat under art. 32 Swiss Civil Procedure Code, and the jurisdiction provided for by the Private International Law Act or the Lugano Convention for persons domiciled abroad.

---

[NAME], [ADDRESS] – KidsConfetti – hello@kidsconfetti.ch – Version of [DATE]