Promotions Policy

1. Purpose of the Policy

The purpose of this Policy is to:

• Set clear criteria for publishing promotions within the Application.
• Ensure that the information shown to users is clear, truthful and complete.
• Protect the reputation, operation and reliability of the Application.
• Reduce claims arising from ambiguous, misleading or unfulfilled promotions.

2. Nature of the Platform

Prime Pass acts exclusively as a technology intermediary that allows users to learn about promotions, discounts, perks, products or services offered by Establishments. Prime Pass does not design, offer, sell, provide or guarantee the Establishment’s products or services, nor does it assume responsibility for the content or fulfillment of the promotions the Establishment publishes. Each Establishment is solely responsible for the promotions it publishes or asks to publish in the Application.

3. Responsibility of the Establishment

The Establishment will be solely and exclusively responsible for:

• The accuracy, clarity, legality and content of its promotions.
• The actual availability of the products or services related to the promotion.
• The full and timely fulfillment of the published promotions.
• Handling user complaints, clarifications and claims.
• Any consequence arising from incorrect, insufficient, misleading or inconsistent information about its promotions, products or services.

4. General requirements for publishing promotions

Every promotion published in the Application must meet, at a minimum, the following requirements:

• Be written in a clear, precise, truthful and understandable way.
• Describe the benefit offered in sufficient detail.
• Include the conditions relevant to how it applies.
• Correspond to a real, current offer that the Establishment can reasonably honor.
• Comply with applicable law.

Prime Pass may ask the Establishment for clarifications, corrections, documentation or evidence supporting the feasibility, conditions or fulfillment of any promotion, before or after it is published.

5. Minimum information for promotions

Where applicable, every promotion must expressly and visibly state:

• Validity period.
• Hours when it applies.
• Participating locations.
• Products or services included.
• Specific restrictions or conditions of use.
• Limits on availability, stock, capacity or maximum number of redemptions.
• Any other condition relevant for the user to clearly understand the actual scope of the promotion.

Relevant restrictions that, had the user known them, would have influenced their decision to visit the Establishment or purchase the product or service may not be omitted.

6. Fulfillment of promotions

The Establishment agrees to fully honor and apply the promotions published in the Application during their validity period and under the conditions disclosed to the user. The Establishment may not:

• Refuse promotions that were validly published and are current.
• Unilaterally change the conditions at the point of sale without prior notice to Prime Pass and without first updating the Application.
• Impose charges, conditions, minimum spends, additional requirements or restrictions that were not previously disclosed.
• Apply the promotion in an arbitrary, discriminatory or inconsistent way compared to what was published.

7. Prohibited practices

Establishments may not publish or keep active promotions that:

• Are false, misleading, ambiguous or confusing.
• Cannot reasonably be fulfilled.
• Hide essential restrictions, limitations or conditions.
• Mislead users about the actual benefit offered.
• Are subject to availability or capacity without expressly saying so.
• Violate applicable law.
• Could harm the reputation, credibility or operation of Prime Pass.

8. Changing or cancelling promotions

If the Establishment wishes to change, suspend or cancel a promotion, it must notify Prime Pass in advance through the authorized channels and with enough notice to avoid affecting users. A notice from the Establishment alone does not mean the change or cancellation takes immediate effect for users who have already seen the promotion. The Establishment will be responsible for the consequences of changes or cancellations that are late, incorrectly communicated or not notified.

9. Prime Pass oversight powers

Prime Pass may, at its sole discretion and without any liability, review, flag, reject, suspend, modify or remove promotions when it deems necessary to:

• Protect users.
• Avoid confusion or claims.
• Ensure compliance with this Policy or the Agreement.
• Protect the operation, reputation or reliability of the Application.
• Address legal, regulatory or operational requirements.

Prime Pass’s exercise of these powers does not imply that it assumes responsibility for the Establishment’s promotions.

10. User claims

Any claim, complaint, clarification or dispute related to promotions, discounts, perks, products or services published by the Establishment must be handled directly by the Establishment, in a timely manner and in accordance with applicable law. Prime Pass may follow up operationally on certain cases or request information from the Establishment, without this implying that it assumes any liability toward the user.

11. Evidence and support

Prime Pass may require the Establishment, at any time, to provide evidence or documentation related to:

• The existence and feasibility of a promotion.
• The conditions under which it applies.
• The availability of the promoted products or services.
• The fulfillment of promotions for users.

Failure to provide this information within the time frame set by Prime Pass may be sufficient grounds to suspend or remove the corresponding promotion, or to take other measures provided for in the Agreement.

12. Consequences of non-compliance

Non-compliance with this Policy may result, at Prime Pass’s discretion and without prejudice to any other right provided for in the Agreement or under applicable law, in one or more of the following measures:

• A warning or request for correction.
• Rejection of promotions.
• Removal of published promotions.
• Temporary suspension of the Establishment in the Application.
• Permanent cancellation of its account.
• Early termination of the contractual relationship.

The above applies without prejudice to the Establishment’s liability for damages, claims or proceedings arising from its promotions.

13. No waiver of rights

Prime Pass’s tolerance of, or failure to exercise, any power provided for in this Policy will not constitute a waiver of its rights or prevent their later exercise.

14. Changes to the Policy

Prime Pass may modify this Policy at any time to improve the operation of the platform, adapt to regulatory changes, meet business needs or strengthen the protection of users and of the Application. Changes will be notified or made available to Establishments through the channels Prime Pass determines.

15. Acceptance

The Establishment’s publication of promotions within the Application, as well as keeping its account active in Prime Pass, implies acceptance of this Policy and its amendments.