Updated
Nov 26, 2024
A. Scope
These Terms and Conditions for Attendance at Pyth Events (“Terms”) govern your attendance at events organized or sponsored by Pyth Data Association, Grabenstrasse 25, 6340 Baar, Switzerland (“Association”, “we”, “us”, or “our”) (“Event(s)”), whenever the Association declares them to be applicable.
“You”, “your” and “Attendee(s)” refers to anybody who accesses and attends the Events. If you are accessing or in any way attending the Events on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and, in that case, “you”, “your” or “Attendee(s)” will refer to that entity.
Please read the Terms carefully before you start accessing or in any way attending the Events. By accessing or in any way attending the Events or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms.
If you do not agree to these Terms, you are not permitted to access or in any way attend the Events.
B. Acceptance of the Terms
By accessing or in any way attending any Event, you automatically agree to these Terms. Your access to and attendance at the Events is conditioned on your acceptance of and compliance with these Terms. These Terms shall exclusively apply; any of your terms and conditions that contradict or deviate from these Terms shall only be valid if and to the extent that we have expressly agreed to them. If you do not agree with any part of these Terms, you may not access or attend the Events.
C. Changes to these Terms
These Terms may be changed at any time at our sole discretion and without prior notice. All changes are effective immediately upon making them available to you. By continuing to access or attend the Events after revised Terms have been made available to you, you signify your acceptance of and agreement to the changes.
You are responsible to regularly review these Terms to stay informed of any updates, as they are legally binding on you.
D. Personal Restrictions
The attendance at Events is only available for Attendees who meet the following criteria: (i) you are at least 18 years of age; (ii) you are of sound mental capacity; and (iii) you are not prohibited from accessing or attending the Event by any relevant laws; and additionally (iv) if you are a legal entity, you are duly organized, validly existing, and in good standing under the laws of the jurisdiction in which you are organized, and you have all requisite power and authority to carry on your business as now conducted. By accessing or attending an Event, you confirm and guarantee that you fulfil all of these criteria. If you do not meet these requirements, you are not permitted to access or attend an Event.
E. Accessing an Event
Your access to an Event is generally dependent on the presentation of a valid admission ticket for the specific Event or specific parts thereof (“Admission Ticket”) and your valid ID or Passport. We reserve the right to impose special restrictions or authorize admission to specific parts of events, which may be subject to additional conditions.
Admission Tickets are personal to the original purchaser and may not be transferred without the Association’s prior written consent. Unauthorized transfers may result in the Admission Ticket’s invalidation without refund.
A booking of an Admission Ticket will be considered provisional until it is confirmed by us before the specific Event takes place (usually following full payment of the applicable admission fee). If this period has elapsed without the booking of an Admission Ticket being confirmed, we reserve the right to cancel the unconfirmed booking and Admission Ticket the ticket for resale.
If an Attendee is dressed in offensive attire or is intoxicated or of the like, we may refuse admission and/or remove the Attendee from the Event premises without refund of the applicable admission fee.
F. Admission Fee; Payment
Specific payment terms, including accepted payment methods, transaction fees, and deadlines, are detailed on the applicable ticket sales websites or platforms. Any applicable payment deadlines must be adhered to strictly, and failure to meet the deadline will result in default without the need for a formal notice. In the event of late payment, statutory default interest will accrue from the payment due date until the balance is settled.
Admission prices are set per Event in a designated currency. Unless otherwise specified, prices are in Swiss Francs (CHF) exclusive of any applicable VAT or other taxes. Certain payment methods (e.g., credit card transactions) may incur additional processing fees. These fees will be disclosed at the point of purchase, and the Attendee agrees to cover any such charges.
The Association reserves the right to establish specific refund and cancellation policies for each Event. Any refund or cancellation terms will be outlined in the respective Event ticket sales terms or promotional materials. Unless event-specific refund or cancellation policies are outlined, the following will apply in the event of cancellation by the Attendee, except in cases of Force Majeure:
Cancellation at any point in time before the Event: The Attendee will receive no refund of the paid admission fee.
Absence at Event: If the Attendee fails to attend the Event without prior written cancellation, no refund will be provided, and the admission fee remains fully due.
The Association retains the right to cancel an Event at its sole and absolute discretion. In the event of a cancellation by the Association, the Attendee’s entitlements will be as follows, except in cases of Force Majeure:
Cancellation at any point in time before the Event: The Attendee will be entitled to either a full refund of the admission fee or the option to apply the admission fee as a voucher for future Events.
If the Event is cancelled due to Force Majeure as outlined in section L., the Association will make reasonable efforts to reschedule the Event. If rescheduling of the Event is not feasible, the Attendee may choose to either transfer the admission fee as a credit toward a future Event or request a refund, minus any costs already incurred to the Association to organize the respective Event.
G. Event Specification
a. General Prohibitions
You agree not to do any of the following:
engaging in activities that disturb other Attendees, interfere with Event proceedings, or otherwise disrupt the orderly conduct of the Event, including but not limited to excessive noise, unauthorized demonstrations, or causing damage to the Event venue;
causing any damage or destruction to the Event premises, facilities, or any property belonging to the Association, other Attendees, Event staff, or third parties;
any form of harassment, including offensive verbal or physical conduct, intimidation, or unwelcome advances based on race, gender, nationality, religion, disability, sexual orientation, or any other protected characteristic;
acts or threats of violence, aggressive behavior, physical intimidation, or any actions that could endanger the safety or well-being of other Attendees or Event staff;
possessing, using, or being under the influence of illegal substances, or consuming alcohol excessively during the Event, in a manner that leads to disruptive behavior;
entering restricted areas or using equipment, displays, or facilities in a manner not authorized by the Association;
failing to adhere to safety guidelines established for the Event, including evacuation procedures, COVID-19 protocols (if applicable), and other health and safety requirements.
The Association reserves the right, at its sole and absolute discretion, to take appropriate action if any Attendee is found to be in violation of the prohibited conduct outlined in this section G.a. In addition to denying access or requesting the immediate removal of the Attendee from the Event premises, the Association may, at its discretion:
pursue civil remedies, including but not limited to claims for damages arising from any harm or losses incurred due to the prohibited conduct; and
initiate criminal proceedings, where applicable, for actions that constitute a violation of law, including but not limited to property damage, harassment, or any form of violence.
These measures may be taken without prior warning to the Attendee, and the Association’s decision to take any such action will not preclude further legal remedies.
b. Food and Beverages
At any Event the Association may offer foods and beverages or non-chargeable catering at its own discretion. The Association is unable to guarantee that there are no allergens in the food and beverages served during any Event. You are solely responsible for your consumption of all the food and beverages at any Event.
No food or beverage will be permitted to be brought onto the premises of the Event by the Attendee unless by prior written arrangement with the Association. A waiver will be required to be signed if such consent is provided by the Association.
c. Responsible Attendance
The Attendee acknowledges and agrees that:
the Association may, at our sole discretion, refuse entry to any Attendee whom we believe to be intoxicated;
minors are only permitted on the Event premises in the company of their legal or parental guardian and will be required to be identified and may not consume alcohol during the function. Minors may be asked to exit the Event premises by a designated time or otherwise leave the Event premises at our sole discretion at any time. Each Event premises has different rules relating to minors and Attendees with minors attending an Event are required to advise the Association of the minor’s attendance;
the Association reserves the right to limit the quantity of alcohol consumed by any particular Attendee;
the Association may stop the supply of alcohol to any Attendee at its sole discretion at any time if it believes that the Attendee is intoxicated, and may request that they leave the Event premises;
the Association may, at its sole discretion, revoke the Attendee’s admission to an Event if the behaviour of the Attendee has become unacceptable or threatens the safety of Event staff and/or other Attendees and/or any other persons present at the Event premises; and
the Attendee must leave the Event premises in an orderly fashion and in a manner that will not affect the quiet enjoyment of the Event premises or the surrounding areas by the neighbours.
d. Smoking
Smoking may be allowed in designated smoking area/s on the Event premises. The Attendee must dispose their cigarette ash, butts and matches thoughtfully, using the ashtrays provided. Any costs arising from the triggering of smoke detectors, will be borne by the Attendee unless caused by any act or omission of the Association or Event staff.
e. Storage
There is no short- or long-term storage available for equipment, the Attendees’ property and goods at the Event premises and it should be removed at the end of the Event. In the Association’s sole and absolute discretion, the Association may allow for the collection of property and goods to occur before 09:30 a.m. the day following the Event.
The Association will not take any responsibility and accept any liability for any Attendees’ property and goods left or lost on the Event premises.
f. Third-party Content
At the Events, content of third parties, including but not limited to other Attendees, speakers, guests, bloggers, and other entities, may be presented, displayed, or otherwise made available at any Event. All statements, opinions, answers to questions, and other information shared through this third-party content are solely the views and responsibility of the individuals or entities providing the content. Such third-party content is not endorsed, verified, or supported by the Association and does not reflect the Association's views or policies.
The Association disclaims any responsibility or liability for the accuracy, completeness, or reliability of any third-party content presented, displayed, or otherwise made available at any Event. By attending any Event, you acknowledge and agree that the Association shall not be held responsible or liable, directly or indirectly, for any harm or loss arising from or related to reliance on any third-party content displayed, presented, or otherwise made available at any Event.
g. Event Recordings
By accessing and attending any Event, you irrevocably consent to being photographed, filmed, or otherwise recorded by the Association, its authorized agents, or Event staff during the Event. You acknowledge and agree that the Association may use, reproduce, distribute, and display these recordings, which may include your image, likeness, voice, or statements, for any purpose, including but not limited to promotional, marketing, and informational purposes, in any media format, worldwide and in perpetuity. You waive any and all rights, including but not limited to rights of privacy, publicity, or compensation, that you may have in connection with any such recordings. By entering the Event premises, you fully release the Association from any claims or liabilities related to the use of these recordings and agree that your attendance serves as a full and voluntary acceptance of these terms.
H. Attendee’s Representations and Indemnification
By accessing and attending any Event, you represent and warrant that:
your access to and attendance at an Event will not violate any applicable laws and regulations;
you will not act in any way that violates any applicable policies and terms applicable to your access to and attendance at any Event, as may be revised from time to time, or included in any other agreement between you and us (including these Terms).
You agree to indemnify, defend, and hold harmless the Association, including our subsidiaries, affiliates, licensors, service providers, directors, officers, employees, agents, partners, contractors, successors, and assigns from and against any and all losses, damages, liabilities, claims, demands, actions, judgments, awards, costs, expenses, or fees (including reasonable attorneys' fees and expenses) arising out of or in connection with any third-party claims or any action, adjudication or decision taken against the Association by any government body, in each case, directly or indirectly arising (in whole or in part) out of any breach of these Terms.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate fully in the defense of any such claim, action, or proceeding. This includes: allowing us to control the investigation, defense, and settlement of any legal claim subject to your indemnification obligations. We will make reasonable efforts to notify you of any such claim, action, or proceeding as soon as we become aware of it.
Your indemnification obligations under this section H. survive the termination of these Terms.
I. Termination
We reserve the right to terminate or suspend you from accessing and attending any Event immediately, without prior notice or liability, for any reason, including but not limited to the following:
if you violate any of these Terms;
if we are required to do so by law or a regulatory authority;
if you engage in fraudulent or illegal activities; and/or
if you act in a manner that could harm the reputation or operations of the Association.
Upon termination of your access to or attendance at any Event, you remain responsible for any obligations or liabilities incurred during your attendance to the respective Event.
Termination of your access to or attendance at any Event does not limit any liability you may have incurred. All provisions of these Terms, which by their nature should survive termination, shall survive, including but not limited to, warranty disclaimers (section J.) indemnity (section H.), and limitations of liability (sections K.) and sections L., M., N., O., P., Q, R.
The Association shall not be liable to you or any third party for any termination of your access to or attendance at the Event. Any termination under this section I**.** shall be at the Association’s sole discretion. The Association reserves the right, at its sole and absolute discretion, to refund your paid Admission Fee for the respective Event (if applicable) in the event of termination of your access to or attendance at an Event.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or attending any Event. YOU WAIVE AND HOLD HARMLESS THE ASSOCIATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
J. Warranties Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND ATTENDANCE AT ANY EVENT IS AT YOUR OWN RISK.
TO THE EXTENT NOT PROHIBITED BY LAW, WE PROVIDE ACCESS TO AND ATTENDANCE AT THE EVENTS "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND RESULT IN ANY SPECIFIC OUTCOME. WE DO NOT GUARANTEE THAT THE ACCESS TO OR ATTENDANCE AT THE EVENT WILL BE UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT PRESENTED AT THE EVENTS WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
K. Liability Disclaimer
THE ASSOCIATION, ITS AFFILIATES, LICENSORS, AGENTS, SERVICE PROVIDERS, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, REPRESENTATIVES, AND EMPLOYEES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR ATTENDANCE AT, OR INABILITY TO ACCESS OR ATTEND, THE EVENTS. THIS INCLUDES BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, OR DATA, CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN JURISDICTIONS WHERE SUCH EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF THESE TERMS.
THE AGGREGATE LIABILITY OF THE ASSOCIATION AND ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDERS RELATING TO THE SERVIES WILL BE LIMITED TO THE GREATER OF ONE HUNDRET FRANCS (CHF 100.00) OR THE PAID PRICE FOR THE ADMISSION TICKET. THE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY PROVISION OF THIS SECTION K. IS OR BECOMES INVALID, THE REMAINING PROVISIONS SHALL REMAIN UNAFFECTED AND WILL BE REPLACED BY A VALID PROVISION THAT CLOSELY MATCHES THE ECONOMIC INTENT OF THE INVALID PROVISION.
L. Force Majeure
The Association is not liable for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include, but are not limited to, war, threats of war, riots, civil disturbances, terrorist activities, industrial disputes, natural or nuclear disasters, fires, airport closures, adverse weather conditions, utility service interruptions or failures, or actions by any local or national government.
M. Nature of these Terms
Nothing contained in these Terms shall be construed as creating any agency, partnership, employment of any type or other form of joint enterprise between you and the Association. You shall not represent the contrary, either expressly, implicitly, by appearance, or otherwise.
N. Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue to be fully effective.
O. No Waiver
The Association’s failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision, any other provision, or these Terms as a whole in the future.
P. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms without our prior written consent. Any attempt by you to do so will be void. The Association may assign its rights, licenses, and obligations under these Terms without any limitations and without your prior consent.
Q. Notices
Any notices or other communications provided by the Association under these Terms will be given: (i) via email; or (ii) by posting to the applicable Event website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
R. Applicable Law and Place of Jurisdiction
All matters relating to the access to and attendance at the Events and these Terms, including any dispute or claim arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Switzerland, without regard to any choice or conflict of law provision or rule (whether of Switzerland or any other jurisdiction).
Any disputes, legal suit, action, or proceeding arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the Courts of Zug, ZG, Switzerland, subject to an appeal at the Swiss Federal Court. However, we retain the right to bring any suit, action, or proceeding against you for breach of this Policy in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree that any dispute with us shall be resolved solely on an individual basis and not as a class action or any other representative proceeding. You agree that you cannot bring a claim as a class or representative action, nor on behalf of any other person or persons.
In the event of a dispute, you agree to maintain the confidentiality of all proceedings, including, but not limited to, any and all information gathered, prepared, and presented for the purposes of litigation or related to the dispute(s).
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