1. GENERAL

1.1 By accessing a website operated by Startup Nights, you (hereinafter “Participant”) declare that you have understood and accept the following general terms and conditions (hereinafter “General Terms and Conditions”). Startup Nights exclusively signs contracts, which are subject to these General Terms and Conditions. Every contractual party (including any purchaser of a ticket or registering for an event or conference organized by Entrepreneur Club Winterthur) is agreeing to comply with and be bound by these General Terms and Conditions. Startup Nights reserves the right to amend and/or remove these General Terms and Conditions as well as any other information or content of the website at any time, to any extent, and without prior notice.

1.2 Furthermore, these General Terms and Conditions govern the relationship between Startup Nights and: (i) natural persons and legal entities who reserve, order, or receive tickets through Startup Nights; (ii) natural persons, legal entities, and public entities or corporations that entered into a Partnership Agreement with Startup Nights; (iii) visitors who view, read or use products, pages or other services provided or offered by Startup Nights.

2. DATA PRIVACY PROTECTION

2.1 The parties recognize that Startup Nights is organizing global networking events, which live on the names of its participants. Appropriate to this fact, Startup Nights is allowed to publish and further process retrievable public data as well as the data of every user provided within the context of a contract (or registration). Please be advised that the site is hosted in Switzerland. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the site, you are transferring your data to Switzerland, and you expressly consent to have your data transferred and processed in Switzerland. The user agrees to receive both written and electronic newsletters and other information from Startup Nights. Cancellation of data usage is enabled through email notification (hello@startup-nights.ch).

2.2 In order to access certain services provided by Startup Nights (e.g. Workshops during Startup Nights) you may be required to upload your CV to the online event platform. By uploading your CV, you agree that Startup Nights may share your CV with its partners and that these partners may contact you.

3. PRICES

3.1 The prices for tickets and booths on the Startup Nights websites are inclusive of value-added tax (where applicable). Startup Nights may change prices at any time. All prices are understood to be in CHF.

3.2 Discounted tickets are only valid in combination and/or in conjunction with an authorized identification qualifying for a discount.

3.3.Startup Nights reserves the right to refuse any order placed through the website. Startup Nights may in sole discretion limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in Startup Nights’ sole judgment, may appear to be placed by dealers, resellers, or distributors.

4. EVENTS ORGANIZED BY STARTUP NIGHTS AND/OR ITS AFFILIATED ENTITIES

4.1 The tickets purchased are for your own personal use or that of your business only and may not be re-sold, forwarded or transferred for commercial gain under any circumstances. Where there has been any re-sale or attempted re-sale of any tickets (or any other breach of this General Terms and Conditions), we reserve the right to cancel the relevant tickets with immediate effect.

4.2 Tickets are personalized, meaning that only the person holding visiting rights has the right to demand access to the event. That person’s name is a component part of the ticket. The legal validity of the transaction depends on the immediate, truthful, and timely provision of the various names of ticketholders upon purchase, as the tickets will be issued immediately following the purchase process in the names that you provided. It is not possible to transfer or re-personalize your ticket to another person.

4.3 You agree that you will not use the ticket you have purchased for advertising, marketing (this also includes sweepstakes and other contests) or other commercial purposes or sell them in front of the access or entrance area of the venue. Moreover, Startup Nights reserves the right to block your access or not to accept the ticket order if Startup Nights reasonably suspects that you have used automatic programs for ticket ordering or have ordered tickets above Startup Nights’ admissible maximum number of tickets per person.

4.4 No part of the website or matchmaking application of Startup Nights may be used for any commercial purposes, unless with the prior written consent of Startup Nights. Furthermore, it is prohibited to advertise your business outside your own booth (e.g. by distributing flyers over a large area).

4.5 Startup Nights is not responsible for any loss or damage as a result of a substitution, alteration, cancellation or postponement of an event. As such, Startup Nights reserves the right to alter or modify the advertised speakers, topics, and/or formats as well as the date, time, and location of the events, without any liability, refund of the ticket, exchange of the ticket for a ticket for the next edition of the Startup Nights, or whatsoever. Any substitutions or alterations will be updated on our website as soon as possible.

4.6 During all Startup Nights Events, audio, picture and video recording of the attendees are free of charge and can be used unlimited spatio-temporal for press reports, advertising, posters, calendars, brochures, commercial products and manuals, and on Startup Nights websites as well as third party websites. The rights of use by Startup Nights can also be given to third parties both free of charge and against payment.

5. PAYMENT

5.1 Startup Nights uses third-party providers, such as Stripe and b2match, to provide secure online payment services. The use of those services is subject to their own terms and conditions and privacy policy (provided on their own websites). All payments shall be made in CHF.

5.2 Startup Nights may request verification of payment for the purpose of resolving possible disputes about the purchase.

5.3 The Participant agrees to provide current, complete, and accurate purchase and account information for all purchases made via Startup Nights. The Participant further agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that Startup Nights can complete the transactions and contact the Participant as needed.

6. REFUND

6.1 In case the event must be called off due to a force majeure event (e.g. war, environmental influences, catastrophes, unrest, piety, terrorism dangers, epidemics, pandemics [incl. COVID-19], prohibition of the authorities, etc.) or for other circumstances for which Startup Nights is not responsible, the ticket shall be valid for the next edition of the Startup Nights. Startup Nights does not hold itself liable for any other expenses incurred, except in cases of intentional acts or omissions or gross negligence. Startup Nights strives to notify its customers of force majeure cases as quickly as possible.

6.2 A refund of the tickets is only possible up to 14 days before the event, if you have purchased the wrong ticket. If the ticket is not returned within the time limit, no refund is possible. Additional claims are excluded. Thus, only the ticket price is refundable. In the event of a no-show (the ticket owner does not follow the event), there will be no refund of the ticket price.

6.3 The booking of a startup booth is binding and triggers invoicing. If the cancellation of a booked booth takes place up to three weeks before the beginning of the event, 50% of the paid price shall be refunded. If you cancel less than three weeks before the event, no refund will be possible.

6.4 In case of events lasting more than one day, the first day of the event shall be deemed to be the beginning of the event.

7. LIABILITY

7.1 The Participant assumes sole responsibility for the visit of the event. Startup Nights cannot be held liable for indirect and/or consequential loss suffered by the Participant, including, but not limited to loss of objects, loss of earnings, loss of chance, loss of profits, loss of clients, loss of data, any financial or commercial loss, any commercial disadvantage, or any non-material damage. It’s the responsibility of the object owner to leave objects and personal items in the event location overnight. In any case, the liability of Startup Nights shall be limited, as far as legally permissible, to the amount of the purchase price of the ticket. Each Participant must make provision for his or her own insurance.

7.2 Startup Nights cannot be held liable if failure or partial failure to fulfill its obligations under the General Terms and Conditions is attributable (i) to the Participant, or (ii) to the unforeseeable and unavoidable act of a third party unconnected with the provision of the services specified in the General Terms and Conditions as well as in further agreements between the Participant and Startup Nights or (iii) to a force majeure event.

7.3 Startup Nights is unable to promise the Participant that the event will fully meet his expectations or that no errors will occur while using the website or participating in the event. Failures in the provision or an interruption of the event shall not result in a claim for reimbursement of the ticket price or any other claim of the Participant.

7.4 Startup Nights reserves the right to refuse admission to any event or conference for any behavior, which it deems unacceptable, or for breach of the General Terms and Conditions.

7.5 Startup Nights guarantees to provide the online event-platform in a professional manner. Failures in the provision or an interruption of the event shall not result in a claim for reimbursement of the ticket price or any other claim of the participant, unless Startup Nights has caused the defect in the provision through gross negligence or intentionally. Startup Nights cannot be held liable for any loss or harm suffered by the Participant or by any third parties as the result of failure to (i) access the website, (ii) the internet, (iii) the communication media, and (iv) more generally, due to a force majeure event, as defined in the case law of the Swiss courts, during a visit to the website.

7.6. Startup Nights shall not be held liable for damage caused by using the internet such as data loss, cyber-attack, computer virus or downtime.

7.7 Startup Nights shall not be held liable for any unauthorized use of the website and/or other inline services by the Participant or by any other third party. If a liability claim were to be brought against Startup Nights on the grounds of breach by the Participant of any of the provisions of the General Terms and Conditions, Startup Nights will be entitled to bring third-party proceedings against the Participant.

7.8 The Participant acknowledges and agrees that they are solely responsible for the manner in which they order and receive the ticket. This responsibility includes providing accurate information during the purchase process, safeguarding the ticket from loss or damage once received or collected, and complying with event-specific rules and regulations. Startup Nights is not responsible for any issues or delays related to ticket delivery. Refunds and exchanges are subject to these General Terms and Conditions.

8. MISCELLANEOUS

8.1 Should one or more provisions of these General Terms and Conditions be deemed invalid in whole or in part, this shall not affect the validity of the remaining provisions here of. Invalid provisions shall be replaced by valid provisions which come as close as possible to the intended economic and legal purpose of the invalid provisions. The same shall apply to any unintended omission.

8.2 These General Terms and Conditions and all contractual relationships with Startup Nights shall be governed exclusively by Swiss law (excluding the conflict laws provisions), unless otherwise contracted. The jurisdiction for all disputes arising from or in connection with this contract is Winterthur, Switzerland. Contract language is English or German.

8.3 We may, at any time, and at our sole discretion, modify these General Terms and Conditions, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our service and this website following any such modification constitutes your acceptance of these modified General Terms and Conditions.

8.4 Startup Nights reserves the right to cancel any contract with you in case of violation against the General Terms and Conditions. Such a violation can lead to the right to enter the respective event being revoked. Furthermore, in case of a violation against these General Terms and Conditions, and if the right of cancellation has been exercised, the Participant shall incur a contractual penalty in the amount of the ticket price along with administrative fees.

9. CONTACT US

To resolve a complaint regarding the site or sales of tickets or to receive further information, please contact us at: hello@startup-nights.ch