General Terms and Conditions DAIMANI AG

Last updated: September 10, 2019

The following terms and conditions govern the use of our website and the purchase of VIP hospitality packages of the events displayed on the website. By using or visiting the website, you expressly agree to be bound by and to follow these terms and conditions and all applicable laws and regulations governing the website. DAIMANI AG reserves the right to change these terms and conditions at any time, effective immediately upon posting on the website.

1. Definitions

Throughout these terms and conditions we use the following definitions:

Applicable Exchange Rate: Exchange rate applied by DAIMANI for the conversion from the Event Currency to the Selected Payment Currency
Customer: Natural person or legal entity registered on the Website who purchases a VIP Hospitality Package of an Event Partner
DAIMANI / we / our / us: DAIMANI AG
Digital DAIMANI Ticket: Electronic ticket issued by DAIMANI which grants the Guest access to services of the VIP Hospitality Package or which can be exchanged at a check-in point for a ticket which grants the Guest access to services of the VIP Hospitality Package
Deferred Payment: Payment by the Customer after the Order has been placed
Event Currency: Currency in which the Event Partner issues the invoice
Event Partner: Legal entity who offers VIP Hospitality Packages for its events on the Website
Event Partner Terms: All applicable terms and conditions of the Event Partner for the selected event (including, but not limited to venue regulations)
Event Partner Agreement: Agreement between DAIMANI and Event Partner governing their contractual relationship
Guest: Person using the VIP Hospitality Package
Instant Payment: Securely processed payment from the Customer through our payment service provider at the time when the Order is placed
Offer: Binding declaration of intent by the customer in accordance with art. 3 et seqq. Swiss Code of Obligations
Order: Binding request of the Customer to purchase the selected VIP Hospitality Package from the Event Partner, which constitutes an Offer
Order Confirmation: E-mail by DAIMANI confirming receipt of the Order
Prize Draw: Prize Draw conducted by DAIMANI according to its terms
Privacy Policy: Legal document that explains the ways DAIMANI gathers, uses, discloses, and manages personal data
Purchase Confirmation: E-mail confirming the conclusion of the contract between the EventPartner and the Customer and the purchase of the VIP Hospitality Package
Selected Payment Currency: Currency in which the Customer chooses to see the prices on the Website and on the checkout pages
Terms: Terms and Conditions of DAIMANI
User: Person accessing the Website
User Account: Account of a User registered on the Website
VIP Hospitality Package: Hospitality package offered by Event Partner as displayed on the Website
Website: www.daimani.com

2. Scope

DAIMANI created and maintain the Website, where Users may obtain and share information on VIP Hospitality Packages. The Website also facilitates direct purchase of VIP Hospitality Packages by a Customer from the Event Partner. While we gather and use your personal data we respect your privacy. You can find further information regarding the use of your personal data in our Privacy Policy.

3. Purchase of VIP Hospitality Packages

3.1 General

On the Website, we will inform you about various events from the Event Partners throughout the world.

If you would like to purchase a VIP Hospitality Package for one of the displayed events, you can simply choose the event, fill out the requested information such as your contact details (name, address, phone number etc.) and select your preferred payment method. The content of the Website does not constitute an Offer and shall instead solely constitutes an invitation to you to make an Offer. You must be at least 18 years old to place a valid Order. When you place your Order you can either make an Instant Payment or a Deferred Payment, whereas it lies in the sole discretion of the Event Partner and/or DAIMANI to decide how payment can be made.

Clicking the place order button in the final step of checking out represents your Offer to purchase the selected item. We will confirm the receipt of the Order via e-mail (Order Confirmation). If you choose Deferred Payment, you will receive another e-mail containing the payment instruction details for the settlement of the payment. We kindly ask you to settle the payment immediately. If we do not receive your payment in due time, we reserve our right to decline your Order.

Until we or the respective Event Partner has send you an e-mail notifying you that the purchase was confirmed (Purchase Confirmation), your purchase of an item will not be complete and your contract to purchase will not be concluded. Such Purchase Confirmation will be sent to you by e-mail within seven days after we have been able to confirm that your payment has been received. During such time you are legally bound by your Offer.

We act in the capacity of an agent for the Event Partner and thereby conclude the contract between you and the Event Partner on his behalf and in his name. Hence, the contractual relationship arising from such VIP Hospitality Package purchases exists solely between you and the Event Partner of the event for which you purchased the VIP Hospitality Package. We are never party to this contract.
A VIP Hospitality Package is issued by the Event Partner subject to the Event Partner Terms. Full details of these Event Partner Terms are provided to you in course of the ordering procedure. By placing an Order for a VIP Hospitality Package via the Website, you accept these Event Partner Terms and undertake to adhere to them. Please note that certain VIP Hospitality Packages are not eligible for cancellation, refund, or change. Therefore, we advise you to read the descriptions carefully.

When purchasing VIP Hospitality Packages on the Website, your purchase may be limited to a specified number of VIP Hospitality Packages for each event. This amount is listed on the Website and is verified with every transaction. This policy is in effect to discourage unfair VIP Hospitality Package buying practices. VIP Hospitality Packages may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per Customer.


3.2 Prices and Currencies

Unless indicated otherwise, our service is free of charge for you. We allow you to choose in which currency you want to see the prices on the Website (Selected Payment Currency) and, in case of Instant Payment, in which currency you are paying.

Prices shown on the Website are final prices, there are no hidden or delayed charges. Full details of what is included in the price of your VIP Hospitality Package and additional services that we may offer are shown on our Website. Anything not specifically listed on the Website as being included in the price for the VIP Hospitality Package is extra, and you may need to pay other parties, such as Event Partners, promoters, hotels or transport operators directly in the case you would want to buy such additional services. Therefore, we advise you to read the full details carefully.

The Selected Payment Currency is based on the Event Currency and the Applicable Exchange Rate and contains all related DAIMANI fees and charges. When the Selected Payment Currency is the same as the Event Currency there is no conversion done by us.

If you choose to pay instantly (Instant Payment), your payment will be securely processed by our third party payment processor in the Selected Payment Currency. When the Selected Payment Currency is different from the currency of your bank or payment service, your own bank or payment service may charge you additional fees.

If you choose to pay by Deferred Payment, you will be requested to transfer the amount in the Event Currency, regardless of the Selected Payment Currency you have chosen on the Website. Please be aware that the displayed price on the Website in the Selected Payment Currency is in no way binding and shows only the approximate costs in the Selected Payment Currency. The exchange rate may change before you pay, and your bank may charge you additional fees for these transactions.

While we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the VIP Hospitality Packages you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price (and credit or debit your account as applicable) or cancelling your Order. If we are unable to contact you, you agree to pay the correct price. If you choose to cancel after you have already paid the incorrect VIP Hospitality Package price, you will receive a full refund.

We may issue coupons. Such coupons can be used to purchase VIP Hospitality Packages. Any remaining credit will not be paid out in cash, but can be used at a later date for another purchase.


3.3 Purchasing VIP Hospitality Packages for your Guests

If you purchase the VIP Hospitality Package for someone else, these Guests will not become party to the contract between you and the Event Partner and the Guests have no rights out of this contractual relationship.

Please be aware that you are solely responsible for accurate and complete Guest information and for compliance of your Guests with the rules as set out in these Terms and the Event Partner Terms.

It is your sole responsibility to ensure that you are fully compliant with all applicable regulations and policies (e.g. regarding anti-corruption and money laundering) when purchasing the VIP Hospitality Package and inviting Guests.


4. Cancellation, Adjustment and Rectification

If – for any reason – the purchase of a VIP Hospitality Package is not completed, the respective amounts collected by us or our third party payment processor will be refunded to you within a commercially reasonable time.

Once the purchase of the VIP Hospitality Package is completed and you have received the Purchase Confirmation, the Event Partner is solely responsible for revision, adjustment, or cancellation of your VIP Hospitality Package purchase. The decision and conditions for and handling of the return, reimbursement or exchange of purchased VIP Hospitality Packages for events is made by the Event Partner, and not by us. Please note that you may be charged for your cancellation in accordance with the Event Partner’s cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the Event Partner Terms carefully prior to placing your Order.

It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, it lies in the Event Partner’s responsibility to inform you in due time. However, we will do whatever we can to notify VIP Hospitality Package holders of the cancellation once we have received the relevant information and authorization from the Event Partner.

We and the Event Partner shall not be responsible for lost, stolen, damaged or destroyed VIP Hospitality Packages after the dispatch by us or the EVENT Partner to the Customer. This applies for electronic and postal/couriers deliveries. In particular, we and the Event Partner shall not be obliged to refund or re-print any VIP Hospitality Packages.


5. Registration on the Website

5.1 Request a call, sending requests or messages to us and subscribe to our Newsletter

If you wish to subscribe to the our newsletter, request a call or send us a message, you can fill out the form on the Website and enter your personal data (name, last name, e-mail address and, according to the action you wish to take, phone number and preferred time for a call). The registration is completed if you accept our Terms and the Privacy Policy. If you wish to receive our newsletter, you can tick the respective box when entering your personal data. Additionally, you will have to activate the newsletter subscription by clicking on a link sent to your e-mail address.


5.2 Creating a User Account and/or joining DAIMANI as Event Partner

If you wish to open a User Account on the Website or register as an Event Partner, you can either register using your social media account (at the moment possible with Facebook, Instagram, Twitter, LinkedIn, WeChat, we might add other social media service at its discretion) or enter your name, last name, e-mail address, gender, date of birth, Customer type (business-to-business or business-to-consumer Customer or Event Partner), company name and country of registration (if you register as business-to-business Customer or Event Partner). In addition, you will be asked to create a password and accept the Terms and the Privacy Policy. The registration is completed only if you activate the registration by clicking on the link sent to you to your e-mail address.

If you like to join DAIMANI as an Event Partner, we will contact you to discuss the terms and conditions of the relationship between you and DAIMANI. If you wish to have your event displayed on the Website, you need to enter into an Event Partner Agreement with us at our owns discretion.


5.3 My Account on the Website

As User or registered Event Partner, you are able to access the My Account page where you can update your personal data, change your password, choose preferred events and articles or connect social media. If you subscribed to the DAIMANI newsletter, your selection of preferred events and/or articles allows us to send you newsletter related to your preferred events and event categories.


5.4 Prize Draws

The Prize Draw is conducted by us and is open to people aged 18 and over who register on the Website. Employees or agencies of DAIMANI, its group companies or other third parties DAIMANI cooperates with for the sale and promotion of VIP Hospitality Packages may not enter the Prize Draw. Further, our Event Partners are not entitled to participate in the Prize Draw.

By registering a new account on the Website and submitting all data requested by us, you automatically enter the running Prize Draw at the time of the registration. No purchase is necessary. Only one registration per person and only one participation at a Prize Draw is permitted. The closing date of the Prize Draw is at least 15 days prior to the event date of which VIP Hospitality Packages are raffled. Registrations after that date will not be considered.

The winner will be chosen from a random draw of registrations received in accordance with these Terms. The Prize Draw takes place at least 14 days prior to the event date for which VIP Hospitality Packages are raffled. The winner will be notified by e-mail on the day of the raffle. If the winner does not accept the Prize Draw within five working days in writing and provides us with the information requested in the notification e-mail, the prize will be forfeited and we are entitled to select another winner. The prize is not exchangeable and not redeemable for cash or other prizes. We accept no responsibility for any associated costs that are not specifically included in the prize (e.g. accommodation costs, travel costs to and from the event etc.).

The winner may be required to take part in promotional activity related to the Prize Draw. The winner consents to the worldwide use by us and our group companies of the winner’s voice, image, photograph and name for any marketing or publicity purposes (in any medium, including the Website) without additional compensation. Any person accompanying the winner also agrees to these conditions.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Prize Draw with or without prior notice.


6. Permitted Use

The content and software on this Website are the property of us and/or our Event Partner and/or suppliers and is protected by Swiss and international copyright laws. You agree that you are only authorised to visit, view and to retain a copy of pages of this Website for your own use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review event and promotional information or to purchase VIP Hospitality Packages or merchandise without DAIMANI’s or the Event Partner’s permission.

If you are accessing and/or using the Website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of these Terms and everywhere in these Terms that refers to you, shall also include your company.

You may not use VIP Hospitality Packages for or in connection to any form of advertising, promotions, contests, sweepstakes or other purposes similar to the aforementioned, unless the Event Partner has given its prior and explicit written permission. Any form of use of our trademarks, logos, name, designs and other intellectual property is subject to our prior and explicit written consent.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized VIP Hospitality Packages sales, unauthorized framing of or linking to the website, or unauthorized use of any robot, spider or other automated device on the website, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. In cases of illegal and/or unauthorized uses of the Website, we reserve the right to delete your User Account with immediate effect and without prior notice.

Trading with purchased VIP Hospitality Packages, i.e. for business or commercial purposes, is governed by the Event Partner Terms. Failure to comply with the Event Partner Terms can lead to the loss of the services and rights associated with the purchased VIP Hospitality Packages and to claims for compensation and for return of the profit against the original VIP Hospitality Package buyer and those who have bought the VIP Hospitality Packages. Persons who violate this requirement may be excluded from future purchases of VIP Hospitality Packages from the Website.


7. Delivery of VIP Hospitality Package 

The VIP Hospitality Packages will either be dispatched by the Event Partner or by us.

If the VIP Hospitality Package is dispatched by the Event Partner, such dispatch will be electronically or physically and is based on the Event Partner Terms.

If the VIP Hospitality Packages is dispatched by us, we will send you your Digital DAIMANI Ticket by e-mail. You can either use the Digital DAIMANI Ticket to access the services of the VIP Hospitality Package directly or you must present the Digital DAIMANI Ticket at the check-in point in order to exchange it for a ticket, which grants you access to the services of the VIP Hospitality Package. You must use the Digital DAIMANI Ticket issued in your name and no other Digital DAIMANI Ticket. You must not allow others to use your Digital DAIMANI Ticket. If someone else has used your Digital DAIMANI Ticket you will not be allowed entry.

It is your responsibility to check your VIP Hospitality Packages immediately once you receive them; mistakes cannot always be rectified. If a mistake should arise, only the Event Partner can rectify it. We will do our outmost to support the rectification process, however we may not be held liable if the Event Partner cannot rectify the error.


8. Limitation on Liability

VIP Hospitality Packages are sold subject to the Event Partner’s right to alter or vary the program due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange VIP Hospitality Packages.

Any warranty claims relating to any event related service shall only and directly be made to the respective Event Partner. We may not be held liable for any damage and expenses, including loss of profit, resulting from the cancellation of an event or deficiencies in the event planning, organization and realization.

We shall make reasonable effort to ensure that the content available on the Website is complete, up to date and accurate. However, we do neither warrant the availability nor the completeness, accuracy or correctness of the content on the Website and may not be held liable for any damage and expenses attributable to such deficiencies. You hereby acknowledge that we disclaim any express or implied guarantee for the content of any linked third party website and that we may not be held liable for any damage and expenses resulting from the content of any linked third party website.

Owing to the technical particularities of the Internet, we disclaim any express or implied guarantee with regard to the error-free or seamless availability of our services via the Internet. We cannot rule out the possibility that an unauthorized third party might illegally gain access to the our information system or might misuse data provided by you. We may not be held liable for any damage and expenses resulting from any such access or misuse. We may likewise not be held liable for any damage and expenses resulting from any damage incurred by your information system as a consequence of using the website, specifically any damage incurred by your information system occasioned by destructive programs such as viruses, worms, and Trojan horses. Any use of your proprietary hardware (including your printer), operating system software and telecommunication equipment for purposes of using our services shall be at your own risk and expense. You agree that we shall at no time be required to provide technical or any other kind of support for specific software, operating platforms or operating systems.

Except in jurisdictions where such provisions are restricted, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if we have been advised of the possibility of such damages.
 

9. Violation of the Terms

You understand and agree that in DAIMANI’s sole discretion, and without prior notice, we may terminate your access to the Website, cancel your VIP Hospitality Package order or exercise any other remedy available. We may also remove any unauthorized user content, if we believe that the content you provided has violated or is inconsistent with these Terms, violated the rights of DAIMANI, another User or the applicable law. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or requested by authorities, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. We are not required to provide any refund to you if you are terminated as an User because you have violated these Terms.
 

10. Miscellaneous

The Website is controlled and operated by us from our offices in Switzerland. For any complaints regarding the Website or our services, please contact us here. If there is any dispute about or involving the Website and the services offered to you through the Website, by using the Website, you agree that the dispute will be governed and construed by Swiss law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession can rely on the mandatory provisions of the law of the country where they have permanent residence.

In the event of a dispute arising out of or relating to these Terms, or your use of or access to this Website, litigation must be brought in court in Zurich, Switzerland without regard to its conflict of law provisions. Notwithstanding the foregoing choice of jurisdiction, a consumer may also bring proceedings in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled.

These Terms are available in different languages. In case of any inconsistencies between the different language versions, the English version shall prevail. The English version is available on our Website or shall be sent to you upon your written request.

If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.