Welcome to Asmallworld Events (the “ASW Events” or “ASW”), operated by ASW Events AG, a Switzerland-based corporation with headquarters in Zurich Seidengasse 20, 8001 Zürich, Switzerland.

ASW Events is helping ambassadors to offer events to members of the ASMALLWORLD community. This agreement (together with any documents referred to in it) describes the ASW Events terms and conditions (the “Terms of Service” or “Terms”), as well as any service provided, whether such services are available online, offline or via mobile networks. The use of any services provided by ASW Events AG through, including, but not limited to, at www.asmallworld.com, www.asw.com, www.asmallworld.net, asmallworld.org, mobile.asmallworld.net, asmallworld.net/mobile

and our mobile applications (collectively, the “Website”) confirms that You, a user of at least eighteen (18) years of age (“You”), have read, understood and accepted these Terms of Service and that You agree to be legally bound by them. Users of the ASW Events AG are referred to individually as a “User” and collectively as “Users.”

If You do not agree to these Terms of Service, please refrain from using ASW’s Website and ASW Events AG’s services.

1.1

By using the Website and ASW Events service, You represent that You are at least eighteen (18) years of age.

1.2

Use of the ASW Events’ Services and membership on ASW are not available to the general public. For the use of ASW Events’ Services, Users need to be current ASW members (i.e. having paid annual membership to ASMALLWORLD AG).

1.3

As a user of ASW Events, You warrant that You are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization. Businesses and other legal entities may not use the ASW Service for any purpose, nor may You use the service on behalf of any business or legal entity without our express consent.

1.4

You represent that You have full authority and capacity to use the ASW Service and to agree to be bound by these Terms, and that agreeing to these Terms will not violate any other agreement to which You are bound.

1.5

You agree that You will not violate any trademark rights, copyright or any other rights of ASMALLWORLD (including any such rights owned by ASMALLWORLD AG, ASW EVENTS AG or any current or future company of the group), nor shall You violate these Terms.

1.6

For parents. The following are some resources that may help You in monitoring and limiting Your children’s access to certain types of material on the Internet. While ASW does not endorse these products, we provide information about them as a public service to our Members: OnGuard Online, maintained by the Federal Trade Commission, http://onguardonline.gov/socialnetworking.html, Control Kids, http://www.controlkids.com, Cyber Sitter, http://www.solidoak.com. For UK Members, http://www.thinkuknow.co.uk/, http://www.ceop.police.uk/ and http://www.nspcc.org.uk are also useful resources for protecting children online.

2.1

You understand and agree that Your use of the ASW Events service must be in accordance with these Terms of Service, and we may deny, suspend, restrict or terminate your access to the service without prior notice if You fail to comply with them.

2.2

English is the official language of the Website and at ASW Events, as it is the most commonly shared language of ASW Members, and thus the most inclusive language. It also facilitates site moderation, which ensures a safer community for all Members. We urge You to use English only and be respectful of all Members.

2.3

You are responsible for making all arrangements necessary, at Your cost, for You to have access to the Website. You are also responsible for ensuring that all persons who access our Website through Your Internet connection are aware of these Terms of Service, and that they comply with them.

2.4

We provide an environment for connecting with members and sharing information. If Users enter into agreements with other Users or guests, either ASW members or non-members, through ASW Events, we are not a contracting party to these agreements and cannot be held liable or accountable regarding these agreements. We urge You to be truthful in all of Your communications with other Users and guests using the ASW Events Service.

2.5

ASW reserves the right to verify information You and other Users have provided using various means available. You agree that ASW will have no liability arising from any information that is incorrectly verified.

2.6

You are solely responsible for and assume all liability regarding any information or content You or Your account posts, transmits, publishes, or otherwise makes available to ASW Events, on platforms including but not limited to: the Website and ASW mobile applications, Facebook, Instagram, Twitter and other means of publication, both on- and offline.

2.7

You are solely responsible for and assume all liability regarding any interactions between You and other Users through ASW Events, both within the Website and offline.

2.8

You accept that ASW may post photographs showing You from, and other content related to, official ASW Events on the ASW Login Page, ASW member area or other public Website pages, which are therefore available to non-members. ASW also reserves the right to publish said photographs on Facebook, Twitter, Instagram or other platforms.

2.9

Except with ASW’s prior, written consent, You may not, directly or indirectly, use ASW’s name in connection with any other event, whether such event is held offline or online.

2.10

ASW Events reserves the right to remove or cancel, at any time, any events presented to You by ASW or any ASW partner.

2.11

You assume all risk when using ASW Events, including but not limited to any risks associated with online or offline interactions with Members, any other individuals introduced by Users or any individuals met at an ASW Event. You agree to take all necessary precautions when meeting Users, any other individuals introduced by Users or any individuals encountered at an ASW Event.

3.1

An uploaded event that offers tickets, states the number of available tickets, ticket prices, and payment methods constitutes an offer to conclude a purchase agreement. The participant enters into a purchase agreement for the ASW Events Purchase Price (includes ticket price and ticketing fee) by clicking on the respective button on the ticket order form. Valid acceptance of the offer by participants is contingent upon their completing all of the mandatory fields on the ticket order form. Immediately after entering into a purchase agreement, the participant will be sent an e-mail to confirm conclusion of the purchase agreement. The participant is obliged to inform ASW Events if they do not receive this confirmation e-mail at all or in good time. Users grant permission to ASW Events to send tickets and invoices solely in electronic form.

3.2

Please note that Your ASW Events Purchase Price might be subject to a “cross-border fee,” as determined and issued by your credit card provider. We are not responsible for any fees levied by credit card providers.

3.3

The ASW Events Purchase Price is non-refundable and may not be charged back under any circumstances, including but not limited to Your account being terminated by ASW or by Yourself, or Your account being suspended or restricted for an unspecified period. Users will also will not be refunded if ASW Events withdraws or modifies details of ASW events.

3.4

In the event that a credit card chargeback is placed on Your purchase of ASW Events, You will have breached this agreement and Your account with ASW will be terminated.

3.5

The ASW Events Purchase Price is debited immediately to the full amount (including processing fees as outlined in section 3.7) from your credit card.

3.6

ASW Events offers Users to store credit card information and pay directly with the stored card instead of entering the details again for subsequent purchases. There is no obligation for storing your credit card details with ASW Events.

3.7

Fees for credit card processing are charged to the User by ASW Events and are mandatory component of the ASW Events Purchase Price.

4.1

ASW Events offers events and activities as part of ASMALLWORLD's offering. We wish to have a friendly, intimate and secure community for our Members. When at ASW Events, our members have the expectation of privacy and confidentiality. We are a community of global diversity, with Members from nearly every culture and country. Expectations and behaviour will be equally diverse, so to help provide a comfortable environment for all members, we have rules. Your use of the ASW Events confirms that You understand, accept and will follow these rules.

4.2

You will, at any time, have a current email address entered into your profile on ASMALLWORLD in order for ASW Events to be able to contact you with notifications, communications and other information.

4.3

You will promptly report to ASW any violation of these Terms by other Members or member accounts. You also agree to report any violation of this agreement by Yourself or conducted through Your account.

4.4

You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members.

4.5

The use of any robot, spider, site search or retrieval application, or any other method or device to copy, retrieve, archive or index any portion of the Website or the ASW Events is not permitted.

4.6

You may not distribute, display or publish in any form, electronic or print, any content from the Website, the ASW Events or the names of any Users without ASW Events express, written consent.

4.7

You may not use the ASW Events service for any illegal purpose in any country or jurisdiction.

4.8

You must be the acting agent or relevant party in any offers to Users provided by You. You may not make offers to Users on behalf of someone else.

5.1

You may be prevented from attending ASW Events if the name on the ASW card does not correspond with the name on Your photo identification or account and your ticket, if someone other than the cardholder or User attempts to use Your ASW Membership Card, if Your account has been suspended or terminated for good reason (at ASW’s sole discretion) or if You annoy or molest other members, disturb an event, display other inappropriate behaviour or suspected inappropriate behaviour. Misconduct at ASW Events may result in suspension or permanent termination of membership

5.2

ASW Events is not responsible for lost, stolen or damaged items at any of ASW Events’ events

5.3

ASW Events does not guarantee entry to events to Users. Entry remains at the sole discretion of the venue and/or Ambassador, ASMALLWORLD, or local law enforcement officials.

6.1

ASW’s Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read our Privacy Policy carefully for information relating to ASW’s collection, use, and disclosure of Your personal information.

7.1

ASW reserves the right, at our discretion, to change, modify, add, suspend, terminate or remove portions of these Terms of Service at any time. In such case, the notification procedure according to section 13 will apply.

7.2

ASW reserves the right to make changes to the ASW Events offering at any given time, to charge for our services or for particular features, and to modify any fees or services. For any changes in the ASW Events service, charges or fees, the notification procedure according to section 13 will apply.

AS A MEMBER AND/OR BY USING THE ASW SERVICE YOU AGREE NOT TO (AND YOU AGREE NOT TO PERMIT ANOTHER PERSON TO):

8.1

Use the ASW Service for any purposes other than as otherwise authorised in these Terms of Service;

8.2

Use ASW Events for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

8.3

Defame, harass, abuse, threaten or defraud Users of ASW Events, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use ASW Events for any commercial use, it being understood that ASW Events is for personal, non-commercial use only (unless authorised explicitly by Asmallworld AG or ASW Events;

8.4

Harass, abuse, threaten, intimidate or otherwise annoy any ASMALLWORLD employees or contractors involved in providing any portion of the ASW Events service to You.

8.5

Use ASW Events if You are under the age of eighteen (18) or allow anyone under the age of eighteen (18) to use ASW Events via Your account;

8.6

Disclose the personal information of any person, including another person’s address, phone number, email address, financial information or any information that can be used to track, contact or impersonate another person; and

8.7

Engage in any conduct deemed by ASW to conflict with the intent of these Terms of Service.

9.1

Discontinuation of the ASW Events service. ASW EVENTS MAY IN ITS SOLE DISCRETION AND AT ANY TIME LIMIT OR DISCONTINUE PROVIDING ACCESS TO THE ASW EVENTS, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT ASW EVENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DISCONTINUATION OF YOUR ACCESS TO THE ASW EVENTS.

10.1

You agree to indemnify, save, and hold ASW Events, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your or your guests use or misuse of ASW Events, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.

10.2

ASW Events reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify ASW Events and its third-party suppliers, licensors and partners, and You agree to cooperate with ASW Events’s defence of these claims. ASW Events will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it

11.1

No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASW EVENTS, AND ITS AFFILIATES, PARTNERS, LICENSEES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE, EVENTS AND YOUR USE THEREOF. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM ASW EVENTS OR THROUGH ASW SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, ASW EVENTS INCLUDES ASMALLWORLD AG’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS AND SUBCONTRACTORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS.

11.2

“As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT USE OF ASW EVENTS IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, MEMBER CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

11.3

Content. ASW, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ASW EVENTS OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

11.4

Accuracy. ASW EVENTS, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

11.5

Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

12.1

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL ASW EVENTS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH ASW, EVEN IF ASW, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS OR AN ASW AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ASW’S LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12.2

Limitation of Damages. IN NO EVENT WILL ASW OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER SERVICE MEMBERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED CHF.

12.3

Other Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ASW AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY THIRD PARTY SITES.

12.4

Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ASW HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ASW AND ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ASW. ASW WOULD NOT BE ABLE TO PROVIDE THE ASW SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

12.5

Limitations by Applicable Law. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

13.1

Acceptance of changes according to section 7. Unless You oppose the notified changes mentioned in section 7 within the delay of 20 business days by email for the attention of [email protected], the changes will be deemed accepted by You upon expiry of the delay. Should your opposing result in ASW Events no longer being able to render its services at the desired level, ASW Events may refuse to provide service to You in the future (this being a good reason).

13.2

Waiver. The failure of ASW Events to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ASW.

13.3

Dispute Resolution, Arbitration and Jurisdiction.

a)

Governing Law. These Terms will be governed by and construed in accordance with the laws of the Switzerland, without giving effect to any principles of conflicts of law.

b)

Jurisdiction. You agree that with regard to any dispute arising between You and ASW Events out of or in connection with these Terms (including a dispute regarding the construction and validity thereof) the ordinary courts of the canton of Zurich, Switzerland, shall have exclusive jurisdiction, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

c)

ASW Events operates the service from Switzerland and makes no representation that the service is appropriate or available in other locations. If You access ASW Events from other locations You are solely responsible for compliance with local laws.

13.4

Severability.  If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

13.5

Assignment.  These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by ASW Events without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

13.6

Survival. Upon termination of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.

13.7

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

13.8

Claims. YOU AND ASW EVENTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE NOTIFIED TO THE OTHER PARTY WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.