General Terms and Conditions (GTC) | Eventman.ch

Date: 23. June 2023

1. GENERAL
1.1 Acknowledgement of the General Terms and Conditions (hereinafter: "GTC").

1.1.1 By using the online services, you acknowledge these GTC, which you have read and understood and which apply to all services offered on the domain eventman.ch.

1.1.2 In case of disagreement with the GTC, you are obliged not to use the services.

1.2 General Information

1.2.1 These TOS constitute the entire agreement between you and Eventman with respect to access to and use of the Services. They supersede and cancel all prior agreements, understandings and representations of any kind between you and Eventman, whether oral or written, regarding access to and use of the Services. You may be subject to additional terms of use that apply when you use affiliate services, third party content or third party software.

1.2.2 Eventman's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

1.2.3 If any provision of the TOS is found to be invalid, including by a higher court, the parties nevertheless agree that the intentions as expressed in the provision shall be carried out to the fullest extent possible and that the remaining provisions of the TOS shall remain in full force and effect.

1.2.4 You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these TOS. Eventman may assign or transfer any of your rights or obligations under these TOS or subcontract the performance of any of your obligations under these TOS at any time without your consent (such consent is given by these Terms).

1.2.5 You agree not to violate any legal standards or use the Services for any unlawful purpose; infringe Eventman's or any third party's intellectual property; provide false, incomplete or inaccurate information; introduce viruses, Trojan horses, worms, time bombs or other programs designed to damage, adversely affect, intercept or disrupt systems, data or personal information.

1.3 Modification of the GTC

1.3.1 Eventman reserves the right, at its sole discretion, to modify or change these TOS at any time. It is your responsibility to consult them regularly to be aware of any changes.

1.3.2 By using the Services, you acknowledge that the mere fact of posting revised TOS on the Website is sufficient to make any modification or revision enforceable against you. Your continued access to and use of the Services following any change will mean that you accept those changes.

1.3.3 For created Company Profiles, the amended provisions shall only come into force after the expiry of the agreed contract period.

2. USE OF ONLINE SERVICES
2.1 Use of the offer

The visitor is free to use Eventman and the information contained therein. It is prohibited to use, forward or sell any content of this website for other, commercial or non-commercial purposes or to change the information or use it in any other way. Eventman assumes no responsibility for the completeness and accuracy of the posted entries.

2.1.1 Content of the offer

Eventman does not guarantee the timeliness, accuracy, completeness or quality of the information provided. Liability claims against Eventman, which refer to damages of a material or non-material nature caused by the use or non-use of the published information or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional fault on the part of Eventman. Eventman expressly reserves the right to change, supplement or delete certain contents or the entire offer or to cease publication temporarily or permanently.

2.2 User account

2.2.1 In order to fully use the Services, you must create a "User Account".

2.2.2 By accessing and using the Services that require registration, you represent and warrant that you are a natural person who is of legal age under the laws of the country in which you reside, at least eighteen (18) years of age, and have full civil rights. In the case of persons who are under the age of majority or subject to an adult protection measure, the consent(s) of the legal representative(s) is (are) required. If you represent a legal entity, such as a company or association, you must have authority within that organization to create a customer account on its behalf and to use the Services. Eventman cannot be held responsible for any use of the Services that does not comply with this provision, and no check on consent or authority will be made.

2.2.3 You are responsible for the quality and confidentiality of your username and password chosen when creating your User Account and for all activity generated through your account and password.

2.2.4 You are responsible for immediately notifying Eventman of any suspicious or fraudulent activity involving your registration information or account, or any other breach of security, and for ensuring that you close your customer account at the end of each session (logout). Eventman shall not be liable for any loss or damage resulting from your failure to comply with the TOS.

2.2.5 You agree to provide true, accurate, current and complete information about yourself when you create your user account or when you use the Services in any other way that requires personal information. If you provide any information that is inaccurate, not current or incomplete, or if Eventman has reasonable grounds to suspect that you have provided such information, or if Eventman has reason to believe that you have otherwise violated any provision of the TOS, Eventman has the right to refuse, without cause, any and all current or future access to and use of the Services.

2.2.6 You are responsible for updating the personal information that you have provided in your User Account, including but not limited to changes in address and email address.

2.2.7 Eventman reserves the right, in its sole discretion and without liability to you, to terminate your Account, restrict or terminate your access to all or part of the Services, with or without prior notice and without having to provide any justification.

2.3 Modification or Termination of the Services

2.3.1 Eventman reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services at any time with or without notice. You agree that Eventman shall not be liable to you or to any third party for any modification, suspension or termination of the Services. Any portion of the content on the Services may be out of date at any time, and Eventman makes no commitment to update such content.

3. COPYRIGHT
3.1 The name of Eventman, the Site and its contents, in particular the photos of the Providers, are protected in particular by copyright and trademark law.
3.2 Consequently, any reproduction, copying or external use of the contents of the Site must be expressly authorized in writing in advance by Eventman or any other competent authority in the field of intellectual property. Eventman cannot be held responsible for any illegal or fraudulent use of the Website Content.
3.3 All information about the use of your data can be found on the "Privacy Policy" page.
4. CYBER SECURITY

Any Content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such Content.

5. CONDITIONS FOR COMPANY PROFILES

Eventman enables the owners of companies, event service providers and providers of event activities to present themselves on the portal in a professional and effective way.

5.1 Requirements for the creation of company profiles

5.1.1 In order to use the online entry system for company profiles, you must have created a user account in accordance with the provisions in section 2.2.

5.1.2 Publication of company profiles, payment terms and conditions

The customer undertakes to ensure that all content published by him or under his name (in particular texts, documents, videos, images, etc.), comply with the legal provisions. The customer assumes full responsibility for their content.

In case of claims for damages by third parties due to copyright infringement against Eventman, the customer is obligated to compensate Eventman for the damage incurred.

5.2 Price

5.2.1 The prices stated on the Website are in Swiss francs and exclusive of VAT. Eventman is not liable for VAT.

5.2.2 The prices displayed on the Website may be changed by Eventman at any time and without notice, without Eventman being held responsible.

5.2.3 The customer has the choice between online payment (Mastercard, VISA, Paypal) and invoice by e-mail for the agreed services. The corresponding service obligations result from the current price list or the individual agreement made with the customer. All prices are always exclusive of the applicable VAT in Switzerland. Unless otherwise agreed in writing, invoices are payable within 14 days from the date of invoice. Entries will only be activated after receipt of payment by Eventman.

5.3 Terms of payment / Invoicing

5.3.1 Any purchase made through the Website shall be deemed to be an offer to enter into a purchase agreement between you and Eventman in accordance with these TOS.

5.3.2 All purchases made through the Website must be paid for before a Company Profile is published. Payment shall not be deemed to have been made until Eventman has received payment in full of the amount specified.

5.3.3 Payment for your entry will be made by credit card directly on the website, by Paypal or by bank transfer to our bank account.

5.3.4 The contract is concluded as soon as Eventman, has confirmed the request for the conclusion of the contract submitted by the customer via online registration, verbally, by telephone or in writing. Eventman determines the start of use by the customer and by the activation.

5.4 Duration of the contract

The contract is concluded for the selected term in each case. After expiration of the agreed duration, the contract will be extended by the same duration, unless a proper written notice of termination is given at least 1 day before the end of the contract. In the case of one-time entries of company profiles, the contract is considered terminated as soon as the selected term has been reached. An automatic renewal of the contract is not applied to one-time entries.

5.5 Termination / notice period

Each contracting party may terminate the contractual relationship in writing at any time at the end of the agreed period.

6. GENERAL REGULATIONS
6.1 Indemnification clause

6.1.1 You access and use the Services at your own risk. Eventman expressly disclaims and you waive all warranties of any kind, express or implied, including but not limited to quality or availability of the Services.

6.1.2 Eventman makes no warranty or representation that (i) the Services and their content will meet your needs, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) all content errors will be corrected.

6.2 Indemnification

6.2.1 You agree to indemnify and hold Eventman, its affiliates and employees harmless from and against any and all liability, losses, damages, claims, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys' fees, that may arise with respect to: (i) your access to and use of the Services, including, without limitation, Content of any kind, purchases of Entries through the Site, and your connection to the Site; or (ii) your failure to comply with any provision of the TOS.

6.3 Limitation of Liability

6.3.1 You expressly acknowledge and agree that Eventman, its directors, employees, agents or other auxiliary persons shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, loss of goodwill, loss of use, loss of data or other intangible losses (even if Eventman has been advised of the possibility of such damages) arising out of: (i) access to and use of, or inability to access and use, the Services, (ii) the cost of purchasing services or resulting from transactions entered into, including through or from the Site, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of third parties or other Members on the Site, (v) the results of the Services, any websites linked to them, and any content distributed on them, or (vi) any other matter relating to the Services.

6.4 Exclusions and limitations

6.4.1 Eventman cannot be held responsible for the proper functioning of the services offered.

6.4.2 This website contains links to third-party websites. Despite careful control, we assume no liability for the content of external links. The operators of the linked sites are solely responsible for their content. If we become aware of any legal violations, such external links will be deleted immediately.

6.4.3 Nothing in these TOS shall affect your statutory rights or exclude or limit any liability that cannot be excluded or limited under applicable law.

6.4.4 Eventman endeavors to offer the operation of the Website for retrieval without interruption as far as possible. However, even with all due care, downtime cannot be ruled out. Eventman takes all necessary measures to back up its data. However, this does not guarantee the recovery of data after a possible loss. Therefore, the customer is responsible for the backup of his entry.

7. APPLICABLE LAW, JURISDICTION
7.1 The present GTCs shall be governed by the laws of Switzerland.
7.2 For any disputes arising from this contractual relationship, the exclusive place of jurisdiction shall be Schlieren (Zurich), unless a mandatory place of jurisdiction exists by law.