General Terms and Conditions DAIMANI AG

Last updated: May 14, 2018

Welcome to Daimani.com! DAIMANI AG, a limited company registered in Zurich (“DAIMANI”) offers the very first independent platform dedicated to selling VIP Hospitality Experiences for sports, culture and music events. Our goal is to make your purchasing experience easy and efficient, so that we can get you on your way to live events as quickly as possible.
The following Terms and Conditions (“Terms”) govern the use of the DAIMANI website and the purchase of VIP Hospitality Packages of the events displayed on the website (www.daimani.com). By using or visiting the website, you expressly agree to be bound by and to follow these Terms and all applicable laws and regulations governing the website. DAIMANI reserves the right to change these Terms at any time, effective immediately upon posting on the website. Please check this page of the website periodically.

1. Scope

DAIMANI created and maintains the Daimani.com website to provide a repository where you and other DAIMANI experts, sales manager developers, users, and other interested parties (each, a user and collectively, users) may obtain and share information around DAIMANI's products and services, and other topics found on daimani.com.

2. Registration at daimani.com

2.1 Request a Call, sending requests or messages to DAIMANI and subscribe to the DAIMANI Newsletter (“Light Registration”)

If you wish to subscribe to the DAIMANI newsletter, request a call, send us a special VIP request 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). We take data protection seriously; Your data is protected according to our Privacy Policy (accessible here). 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.

2.2 Creating a User Account and/or joining DAIMANI as Event Partner (“Full Registration”)

If you wish to open a User Account at daimani.com or register as an event organiser (event organisers interested in offering VIP Hospitality Packages for their events over the DAIMANI website are hereinafter called “Event Partner”), you can either register using your social media account (at the moment possible with Facebook, Instagram, Twitter, LinkedIn, WeChat, DAIMANI 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 (“B2B”) or business-to-consumer (“B2C”) customer or Event Partner), company name and country of registration (if you register as B2B customer or Event Partner). In addition, you will be asked to create a password and accept the Terms and the Privacy Policy. We take data protection seriously. Your data is protected according to our Privacy Policy (accessible here). 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 / VIP Hospitality Partner, DAIMANI 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 DAIMANI website, you need to enter into an Event Partner Agreement with DAIMANI. DAIMANI is not obliged to enter into an Event Partner Agreement with you.

2.3 My Account at daimani.com

As User, Account Holder 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 choice of preferred events and/or articles allows DAIMANI to send you newsletter related to your preferred events and event categories.

2.4 Prize Draws

The prize draw ("Prize Draw") is conducted by DAIMANI and is open to people aged 18 and over who register at the DAIMANI 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, DAIMANI’s Event Partners are not entitled to participate at the Prize Draw.
By registering a new account on the DAIMANI website and submitting all data requested by DAIMANI, 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 and Conditions. The 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 price within 5 working days in written and provides DAIMANI with the information requested in the notification e-mail, the prize will be forfeited and DAIMANI is entitled to select another winner.The prize is not exchangeable and not redeemable for cash or other prizes. DAIMANI accepts 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 DAIMANI and its group companies of the winner’s voice, image, photograph and name for any marketing or publicity purposes (in any medium, including the DAIMANI website) without additional compensation. Any person accompanying the winner also agrees to these conditions.
DAIMANI reserves the right at any time to modify or discontinue, temporarily or permanently, the Prize Draw with or without prior notice.

3. Purchase of VIP Hospitality Packages

On daimani.com, we will inform you about various events from event organizers throughout the world. If you would like to purchase a VIP Hospitality Package for one of the displayed events, you can choose the event and simply fill out the form available on the website entering your contact details (name, address, phone number, e-mail address etc.) and choose the event. We will contact you and process your request shortly after we have received the form. You can place purchase orders by e-mail or phone call as well.
In marketing VIP Hospitality Packages, DAIMANI acts in the capacity of an agent for the Event Partner and not in the capacity of the VIP Hospitality Package purchaser’s contractual party. Instead, DAIMANI shall enter into a contract on behalf and in the name of the Event Organiser. Hence, no contractual relationship of any kind whatsoever between you as the VIP Hospitality Package purchaser and DAIMANI shall result from, or be deemed to exist as the result of, the purchase of any VIP Hospitality Packages by you through DAIMANI. Instead, the contractual relationship arising from such VIP Hospitality Package purchase shall be deemed to exist solely between you and the Event Organiser of the event for which tickets were purchased.
The content of the DAIMANI website shall not constitute an offer within the meaning of art. 3 Swiss Code of Obligations (hereafter "SCO") and shall instead solely constitute an invitation to tender an offer (i.e. place an order).
A VIP Hospitality Package is issued by the Event Partner subject to the terms and conditions of the Event Partner and/or event (if available). Full details of these terms and 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 terms and conditions and undertake to adhere to them. Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change.
When purchasing VIP Hospitality Packages on daimani.com, 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.
If you want to review, adjust, or cancel your VIP Hospitality Package purchase, please contact us via phone or e-mail (daimani@daimani.com). 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 cancellation, (pre)payment and no-show policy of the Event Partner carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation.
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 may not be held liable if the Event Partner cannot rectify the error.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of 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 that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect VIP Hospitality Package price for the VIP Hospitality Packages, you will receive a full refund from us.
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. We will however use reasonable endeavors to notify VIP Hospitality Package holders of the cancellation once we have received the relevant information and authorisation from the Event Partner. However, we may not guarantee that VIP Hospitality Package holders will be informed of such cancellation before the date of the event.
We will not be responsible for any VIP Hospitality Packages that are lost or stolen.

4. Permitted Use

The content and software on this website is the property of DAIMANI and/or its 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 tickets or merchandise without DAIMANI’s or the Event Partner’s permission.
If you are accessing and/or using daimani.com on behalf of your employer or as a consultant or agent of a third party (collectively Your Company), 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 or your, 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 DAIMANI’s trademarks, logos, name, designs and other intellectual property is subject to DAIMANI’s 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 unauthorised 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 DAIMANI website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Illegal and/or unauthorised uses of the DAIMANI website, including, but not limited to, unauthorised VIP Hospitality Packages sales, unauthorised framing of or linking to the website, or unauthorised 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 unauthorised uses of the DAIMANI website, DAIMANI reserves the right to delete your User Account with immediate effect and without prior notice.

5. 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. DAIMANI 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.
DAIMANI shall make reasonable effort to ensure that the content available on the website www.daimani.com is complete, up to date and accurate. However, DAIMANI does 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 DAIMANI disclaims any express or implied guarantee for the content of any linked third party website and that DAIMANI 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, DAIMANI disclaims any express or implied guarantee with regard to the error-free or seamless availability of DAIMANI services via the Internet. DAIMANI cannot rule out the possibility that an unauthorised third party might illegally gain access to the DAIMANI information system or might misuse data provided by you. DAIMANI may not be held liable for any damage and expenses resulting from any such access or misuse. DAIMANI 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 DAIMANI services shall be at your own risk and expense. You agree that DAIMANI 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 DAIMANI be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if DAIMANI has been advised of the possibility of such damages.

6. Violation of the Terms

You understand and agree that in DAIMANI’s sole discretion, and without prior notice, DAIMANI may terminate your access to the website, cancel your VIP Hospitality Package order or exercise any other remedy available and remove any unauthorised user content, DAIMANI believes that the user content you provided has violated or is inconsistent with these Terms, violated the rights of DAIMANI, another User or the law. You agree that monetary damages may not provide a sufficient remedy to DAIMANI for violations of these Terms and you consent to injunctive or other equitable relief for such violations. DAIMANI 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. DAIMANI is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.

7. Miscellaneous

The DAIMANI website is controlled and operated by DAIMANI from its offices in Switzerland. 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 (hereafter also referred to as "consumer") 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 and conditions, or your use of or access to this site, litigation must be brought in court in Zurich, Switzerland without regard to its conflict of law provisions. Notwithstanding the foregoing jurisdiction choice, 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 (by selecting "English" language) 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.