General Provision

 

1. Introduction

      1. By accessing a website operated by START Global (including START Hack, START Summit, START Sphere and START Fellowship), a student-led club at the University of St. Gallen, you ("Participant") declare that you have understood and accept the following General Terms and Conditions. START Global 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 START Global) is agreeing to comply with and be bound by these General Terms and Conditions.

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

      3. These General Terms and Conditions shall apply to the entire range of offers available at www.startglobal.org of START Global and contracts signed or agreed with START Global. Our purchase policy shall also apply to any bookings by telephone, email or in person bookings. Before concluding the order, you will confirm that you took notice of General Terms and Conditions applicable at the time and agree to them by purchase of the ticket or by oral, written, or digital confirmation. Start Global reserves the right to discontinue, amend, or remove the website in whole or in part at its own discretion and without advance notice.

2. Privacy Policy

      1. We care about data privacy and security. Please review our Privacy Policy, in which START Global describes the collection, processing, and use of your personal information. By using the site, the Participant agrees to be bound by START Global’s Privacy Policy, which is incorporated into these General Terms and Conditions. 

      2. 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.

 

Partnership and Investment Agreements


 

3.Liability


Unless otherwise provided for in this Agreement (in particular regarding the organization and implementation of workshops and keynote speeches), the organization and implementation of the events shall be the responsibility of START Global. In particular, the Partner shall not assume any liability under this Agreement towards third parties, in particular participants, visitors, and suppliers of the relevant event. Any liability arising from tort in connection with actions for which the Partner is responsible shall remain reserved.

To the extent that claims are made against the Partner by third parties for acts for which START Global is responsible under this Agreement, START Global undertakes to indemnify Partner against such claims.

Subject to the foregoing of this clause, both Partner and START Global shall only be liable for damage in connection with this Agreement to the extent that the damage in question is due to an intentional or grossly negligent breach of contract by Partner or START Global or their respective auxiliary persons. Any further liability, in particular for slight negligence, is expressly excluded. This limitation does not apply to damages resulting from injury to life, body, or health.

In the event that an event is not held, START Global is obliged to inform the Partner immediately of the cancellation.

In the event that the START Summit, START Hack or START Fellowship is not held, the payment transferred to START Global by the Partner shall be refunded within 30 days. Cancellations due to force majeure or other circumstances beyond the control of START Global are reserved; however, Partner shall only be reimbursed the amount paid to the extent that it has not yet been used for expenses within the meaning of the Partnerships Agreement between START Global and the Partner. Clause 5.10 of these General Terms and Conditions remains reserved.

 

4. Termination of the Contract


The right to premature termination by mutual agreement or without notice by a Party for good cause is reserved. Good cause shall be deemed to exist in particular if:

      1. the other Party has culpably breached material obligations of this Agreement incumbent upon it and fails to remedy the breach within a reasonable period of time despite a warning; this shall apply in particular to the obligation to pay the remuneration pursuant to the Agreement between START Global and the Partner. A warning shall not be required if it is futile or unreasonable for the Party entitled to terminate the Agreement, in particular with regard to the contractual transfer of the payments owed;
      2. the insolvency of the other Party is imminent, insolvency proceedings have been filed by the other Party or the opening of bankruptcy or insolvency proceedings against the other Party is rejected due to lack of assets;
      3. the other Party has culpably violated any legal provisions directly relevant to the performance of this Agreement.
      4. one Party makes such unfavorable comments about the other Party before or during the event in question that these comments – in whatever form – are likely to damage the reputation of the other Party, or a Party is threatened with (image) damage due to the implementation of the event or the cooperation with the other Party or such damage has already occurred.

 

      1. Final Provisions

5.1 Duty of loyalty

The Parties undertake to show mutual respect, good conduct, and loyalty to each other.

The Parties shall promptly inform each other of all circumstances that may be of importance for the execution of the Agreement. The Parties may demand accountability for current activities at any time, provided that the accountability is limited to the rights/obligations specified in the Agreement.

 

5.2. Confidentiality

The Parties undertake to treat the contents of this Agreement, in particular the services owed hereunder, confidentially towards third parties. The disclosure of contractual agreements of any kind to third parties shall only be permitted with the prior express written consent (e-mail suffices) of the other Party, to protect the interests of one or both Parties worthy of protection, to enforce rights or to perform obligations under this Agreement or due to mandatory statutory provisions.

 

5.3. Rights to Photographic Works

The Partner shall transfer to START Global all rights to the photographic works realized during the events, in particular property rights and copyrights. The transfer of these rights is made without any temporal, factual, geographical, or other restriction and also includes new and as yet unknown types of use.

START Global may use, utilize, and modify the photographic works and parts thereof for any purposes and may also transfer the use and utilization in whole or in part to third parties.

If the Partner requested START Global to photograph persons, places, or objects, it is the Partner’s responsibility to ensure that the images of these persons, places or objects are permissible and do not infringe any third-party rights. Corresponding rights of affected third parties shall be obtained by Partner.

 

5.4. Negotiation and Elaboration Costs 

Except as otherwise provided in this Agreement, the costs (including consultant fees) and taxes incurred and to be incurred in negotiating, drafting, and executing this Agreement shall be borne by the Party incurring the costs or taxes.

 

5.5. Completeness Clause

This Agreement includes all agreements between the Parties relating to the subject matter hereof and supersedes all prior written or oral agreements.

Changes to this Agreement are only possible by written agreement. This also applies to a waiver of the formal requirement of writing.

 

5.6. Assignment of Rights to Third Parties

Neither Party may assign this Agreement or the rights granted to it under this Agreement to any third party without the written consent of the other Party.

 

5.7.  Severability Clause

Should any provisions of this Agreement be or become invalid, the validity of the remainder of this Agreement shall not be affected.

In place of the invalid provision, an appropriate provision shall apply which comes as close as possible to what the Parties would have intended if they had considered the point when concluding this Agreement. The same shall apply in the event of a loophole.

 

5.8.  Personal Data Protection

The Parties undertake to comply with the applicable provisions of personal data protection law. In order, should any of the Parties, in the execution of this Agreement, have access to the personal information of employees, students or other third parties, it declares to be bound not to perform any kind of treatment.

 

5.9. Applicable Law, Conflict of Laws and Place of Jurisdiction

The Agreement shall be governed by Swiss substantive law, excluding the provisions of international private law.

The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be St. Gallen.

 

5.10. Changes due to Measures to Combat Pandemics

Measures to combat pandemics can lead to events not being able to take place as planned or not reasonably being able to take place in the planned form and accordingly a cancellation, postponement or adjustment of the content is or seems necessary or appropriate. 

If it is to be assumed that one of the present events could probably also be affected by such measures, the contracting Parties shall contact each other promptly and, if possible, agree on such measures. In urgent cases or if no common solution can be found within the framework of the Agreement, the decision on the measure shall, however, be incumbent on START Global, which shall in good faith weigh up the interests involved. In particular, the Partner acknowledges that START Global is entitled in good faith to consider not only official orders, but also other factors such as internal restrictions of other partners and/or participants, their expectations with regard to personal safety and planning security, the effects of any restricted participation on the event and its profitability as a whole, as well as the planning security for START Global. 



      • Contact Us

To resolve a complaint regarding the site or sales of tickets or to receive further information, please contact us at:

START Global
Unterstrasse 6
9000 St. Gallen
Switzerland
info@startglobal.org