Isardigital GmbH (hereinafter referred to as vystem ) is not itself the organiser of the events offered. These are organised by the respective organiser, who is also the issuer of the tickets. Through the purchase of the ticket, contractual relationships with regard to the visit to the event come into being exclusively between the ticket holder (customer) and the respective organiser. The organiser's own general terms and conditions may apply to these legal relationships. vystem sells the tickets on behalf of the respective organiser as an agent or as a commission agent, unless it is expressly identified as the organiser itself in individual cases.By ordering tickets, the customer commissions vystem with the processing of the ticket purchase, including shipping.
1.1 The following General Terms and Conditions shall apply exclusively to all contracts and orders placed regarding the delivery of tickets in relation to vystem .
1.2 Isardigital does not recognise any general terms and conditions of business or contractual conditions of the organisers that conflict with or deviate from these GTC, unless their validity is expressly agreed in writing. The GTC shall also apply if Isardigital unconditionally provides the service to the user or organiser in the knowledge that the user's or organiser's terms and conditions conflict with or deviate from these GTC.
2.1 The offer to conclude a contract is made by the customer as soon as he has clicked on the so-called "Buy button" or the button clearly labelled in accordance with § 312j para. 3 BGB. A contract between the customer and the respective contractual partner (organiser or vystem) is not concluded until the transaction number / order number / order number is allocated and sent to the customer by vystem . Notwithstanding this, in the case of payment in advance, the contract is concluded when the full payment amount is successfully debited from the customer's payment account.
2.2 Unless otherwise agreed at the time of purchase, commercial resale of the ticket(s) is not permitted, and non-commercial resale is only permitted at a price equal to the printed price of the ticket(s) plus proven fees/costs incurred at the time of the original purchase (e.g. postage and shipping costs), but not exceeding 25% of the printed price. In the event of a breach of the aforementioned condition, the respective organiser shall have the right to refuse admission to the event without compensation. vystem shall be entitled to cancel an order placed by the customer for which a transaction number / order number / order number has already been allocated (unilateral right of withdrawal) if the customer breaches specific conditions imposed by the organiser and / or by vystem , which were pointed out during the advance sale, or attempts to circumvent them (e.g. breach of restriction on the number of tickets purchased).e.g. infringement of restrictions on the number of tickets per customer, infringement of the document conditions, in particular of prohibitions on resale, attempted circumvention by registering and using several user profiles etc.) and / or there are outstanding claims from the previous business relationship with the customer. In particular, without the prior written consent of the respective organiser, neither the use of tickets for commercial advertising and / or marketing purposes (e.g. as prizes for commercial prize competitions and / or other commercial competitions), nor the resale of tickets in the access and / or entrance area of the venue covered by the organiser's house rights is permitted. The declaration of cancellation / withdrawal can also be made implicitly by crediting the amounts paid.
2.3 The aforementioned right of withdrawal is subject to §§ 346 ff. BGB shall apply to the exclusion of § 350 BGB.
2.4 In the event of postponements of events, the Organiser shall be entitled to declare the validity of the original Tickets of the postponed event for the new, postponed date of the event. A return of the Tickets to the Organiser or a reversal of the Ticket purchase as a result of the rescheduling is not possible in these cases, unless it can be proven that the Ticket Holder cannot reasonably be expected to attend the rescheduled date. This shall not apply if the Organiser is responsible for the rescheduling of the event.
2.5 In the event that the General Terms and Conditions of the Organiser and the General Terms and Conditions of vystem contain contradictory provisions, the General Terms and Conditions of vystem shall take precedence over the specific terms and conditions of the Organiser.
3.1 Ticket prices may exceed ticket prices. Depending on the event and order modalities, payment is possible by SEPA direct debit, credit card, giropay, Sofortüberweisung and/or by advance payment by bank transfer as well as by purchase on account. The statutory value-added tax is included in the price. The total price of the order including all fees is due for payment immediately after conclusion of the contract for the payment methods credit card, giropay, Sofortüberweisung, paydirekt and SEPA direct debit. In deviation from this, the total price must be transferred in full to the account specified by vystem by the date notified when using the advance payment method. In the case of purchase on account with Klarna, the invoice amount is due for payment to Klarna Bank AB (publ) 14 calendar days after the date of purchase. The payment method purchase on account does not exist for all offers.
3.2 Service and shipping fees are charged for Internet orders and may vary depending on the event. These charges are displayed to the customer in the shopping basket when placing the order, beyond which there are no further costs that are not shown. Gift wrapping will be charged additionally with the respective costs shown.
3.3 Data transmission for credit card transactions using 3D-Secure Due to legal requirements (implementation of the Payment Services Directive "PSD2") and/or to protect against fraudulent use of credit card data, the so-called 3D- Secure procedure may be used. In this process, browser data, credit card data, address data (billing address, e-mail address), as well as the transaction amount with currency are transmitted via the credit card organisations to the card-issuing institute. This data is used by the card-issuing institution to determine the fraud risk of the transaction; depending on the amount and the result of the check by the credit institution, an additional release of the credit card transaction, e.g. via TAN or app, may be necessary.
There is no right of withdrawal for consumers or the right of withdrawal for consumers may expire prematurely for the following contracts:
4.1 Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, delivery of food and beverages as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision (§ 312g para. 2 sentence 1 no. 9 BGB). This means that insofar as vystem offers services from the area of leisure activities, in particular tickets for events, there is no right of withdrawal. Each order for tickets is therefore binding immediately after confirmation in accordance with clause II. 1. by vystem and obliges the customer to accept and pay for the tickets ordered.
4.2 Contracts for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g para. 2 sentence 1 no. 6 BGB).
For all other contracts with consumers, the following applies:
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us,
Isardigital GmbH, Bahnhofstr. 5, 83646 Bad Tölz, e-mail: email@example.com, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
- To Isardigital GmbH, Bahnhofstr. 5, 83646 Bad Tölz:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of communication on paper)
(*) Delete as applicable.
End of the cancellation policy and the model cancellation form
5.1 In the case of a consumer, vystem retains ownership of the purchased item until the invoice amount has been paid in full. In the case of personalised tickets, the transfer of the claim arising from the ticket is subject to the condition of full payment of the invoice amount. The corresponding security interests are transferable to third parties.
5.2 If the customer is an entrepreneur exercising his commercial or independent professional activity, a legal entity under public law or a special fund under public law, vystem retains ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. In the case of personalised tickets, the transfer of the claim arising from the ticket is subject to the condition of settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.
5.3 The customer shall only have a right of set-off if the customer's counterclaims have been legally established or are undisputed or recognised by vystem . Furthermore, the customer has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
5.4 If the customer is in arrears with any payment obligations to vystem , all existing claims shall become due immediately.
6.1 vystem shall in any case be liable without limitation under the Product Liability Act, for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, and for damage resulting from injury to life, limb or health. Liability for damages arising from the breach of a guarantee is also unlimited.
6.2 In the event of a breach of material contractual obligations (so-called cardinal obligations) based only on simple negligence, vystem 's liability shall be limited to compensation for the foreseeable damage typical for the contract.
6.3 Further excluded from this time are times when the service is not possible due to technical or other problems that are not under the influence of vystem . This applies, for example, to technical faults in the terminal equipment, internet coverage or force majeure or the fault of third parties.
6.4 Except for the cases mentioned in paragraphs 1 and 2, vystem shall not be liable for any damage caused by ordinary negligence.
6.5 Insofar as the liability of vystem is excluded or limited in accordance with the above paragraphs, this also applies to the liability of its vicarious agents and assistants.
7.1 The law of the Federal Republic of Germany shall apply exclusively. Irrespective of the above provision on the choice of law, consumers with their habitual residence outside the Federal Republic of Germany may always also invoke the law of the state in which they have their residence.
7.2 The sole place of performance for delivery, service and payment shall be Bremen, provided that the customer is an entrepreneur within the meaning of § 14 BGB.
7.3 If the customer is a merchant, the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Bremen. In the case of cross-border contracts, this also applies to non-merchants. vystem reserves the right to call upon any other internationally competent court.
7.4 The European Commission will provide a platform for online dispute resolution here from 15.02.2016. The e-mail address of vystem is firstname.lastname@example.org
7.5 vystem is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Isardigital GmbH (hereinafter referred to as "Isardigital") provides an online service via its website and as a mobile application (event app) in the relevant app stores ("vystem-Platform"), with the help of which organisers (hereinafter referred to as "organisers") of congresses, trade fairs and other events (hereinafter referred to collectively as "events") can administer, manage and design the respective event and event participants (hereinafter referred to as "users") can receive certain information about the event. The following terms and conditions primarily govern the use of the Event App by the Organiser against payment, but also the use by the Event Participants free of charge.
1.1 Isardigital provides an online platform ("vystem-Platform") via the usual web browsers or in the app stores, which enables event organisers to manage, organise and design the content of their event via the Event App and associated tools (presentations, 1-to-1 talks and more) provided there. The event participants are enabled to access the event app, the online registration and the vystem platform via a link, and to manage their participation and receive information about the event via the event app. The Organiser independently and on his own responsibility controls the content of the Event App and the vystem platform via an administration system which can be accessed online (hereinafter referred to as "CMS")
1.2 Isardigital does not recognise any general terms and conditions of business or contractual conditions of the Organiser which conflict with or deviate from these GTC, unless their validity is expressly agreed in writing. The GTC shall also apply if Isardigital provides the service to the user or organiser without reservation in the knowledge that the user's or organiser's terms and conditions conflict with or deviate from these GTC.
2.1 The organiser agrees to the following GTC, the General Terms and Conditions of vystem, available at http://vystem.io/agb and the data protection provisions, available at http://vystem.io/datenschutz, when registering and setting up the vystem account by confirming the statement: "I have read the GTC, the General Terms and Conditions and the data protection provisions of Isardigital GmbH" by clicking on the "Yes" button during registration.
2.2 By using the vystem platform and the event app, the user agrees to the validity of the GTC.
2.3 Isardigital may amend or supplement the GTC at any time within the scope of the statutory provisions. In the event of changes to the GTC, the Organiser shall receive a notice requesting his consent. In the event of an objection, the contractual relationship may be terminated immediately by either party.
3.1 A prerequisite for the use of the vystem platform by the Organiser is an initial registration on the platform free of charge for the Organiser at http://vystem.io. The Participant can also use the participant-related features of the Event App without registering, subject to acceptance of the GTC.
3.2 Upon acceptance of an offer from Isardigital by the Organiser, a contract ("Licence Agreement") for the use of the vystem platform shall be concluded.
3.3 Each registered Event Organiser shall receive their own vystem account for an unlimited period of time. The use of the event app is governed by the licence conditions set out in clause 5.
4.1 By concluding the licence agreement, Isardigital undertakes to provide and maintain access to the platform for the duration of the agreement.
4.2 Isardigital also offers the Organiser the opportunity to upload his own content. This may be data of any kind, in particular information, texts, brands, trademarks or recordings including third-party advertising, which can be uploaded to the Event App in connection with the event by or for the Organiser or which will be uploaded in the course of the event.
4.3 Isardigital expressly does not provide any programming services to the Organiser and does not provide the Organiser with its own content. The Organiser is solely responsible for uploading, editing and using the vystem content and is solely responsible for deciding which content is used as vystem content and to what extent.
4.4 The organiser undertakes to pay the purchase price for the use of the event app no later than 30 days after conclusion of the licence agreement.
5.1 With the exception of the rights expressly granted herein within the framework of the GTC, the Organiser is not permitted, without the written consent of Isardigital, to (a) offer for sale, transfer to third parties, sub-license, edit or modify the access to the Event App made available through vystem .
(b) to use the event app under or in the name of a third party,
(c) not to store the data obtained via vystem for longer than 1 year. The data obtained via vystem must be deleted by the organiser at the latest after the end of the event.
5.2 Furthermore, it is not permitted to use the event app and/or the vystem content in connection with the use of products, services or materials which support, are used for or are set up for the following:
- for spyware, adware and/or other malicious programs or codes; counterfeit goods; unsolicited mass emailing ("spam");
- actions intended to mislead search engines into listing certain pages higher than they would normally be listed ("web spam");
- for illegal multi-level sales offers, illegal direct sales and/or telephone sales;
- hate content; offensive, defamatory, abusive or otherwise salacious content;
- prostitution; stolen products and/or items used in connection with crimes; hacking, surveillance, interception or decryption devices; illegal gambling;
5.3. The vystem content may not be used in any way or for any purpose that is unlawful.
5.4 The event app and/or the vystem content may only be used in such a way that it does not impair or interfere with the vystem.io website, the vystem server or the vystem data.
6.1 The User is aware that, according to the state of the art, errors in software programs and in the associated documentation cannot be excluded and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all requirements of the User or that they work together error-free with all third-party programs and hardware.
6.2 The Organiser had sufficient opportunities to test the functions of the Event App during the test phase. Notwithstanding the foregoing, vystem warrants that the Event App will operate 24 hours a day, seven days a week. The software is operational with an availability of 99.9% on an annual average. Excluded from this time are downtimes due to software updates, which are mainly carried out in the evening hours from 6.00 p.m. to midnight.
6.3 Also excluded from this time are times during which the service is not possible due to technical or other problems that are not within the control of vystem . This applies, for example, to technical malfunctions on the servers. This applies, for example, to technical faults with the terminal equipment, internet coverage or force majeure or the fault of third parties.
6.4 vystem is supported on the most common mobile devices. We will provide you with a detailed list of these devices at any time. vystem may discontinue or extend support for various devices or operating systems at any time and without notice. Existing Apps will not be affected.
6.5 vystem does not make any other representations about specific features or the suitability of the service for the individual use intended by the organiser.
6.6 Services relating to the participant are provided to the participant by vystem free of charge. The warranty for material defects and defects of title with regard to the provision of services free of charge are limited to the case of fraudulent concealment of defects by vystem .
7.1 The use of the event app and the vystem content is at the user's own risk. The organiser indemnifies vystem against all claims by third parties (including any legal costs incurred) resulting from the use of the event app and the vystem content, whether through the organiser's own use or through third parties using the password or account with or without the knowledge of the organiser. The indemnification applies in particular to losses incurred by vystem or third parties due to the non-contractual use of the event app, account or password by a third party.
7.2 The user is not permitted to use the account of a third party without their permission. The user agrees to immediately notify vystem of any unauthorised access to other accounts, computer systems or networks connected to vystem server or to other services, whether by hacking, password mining or otherwise.
8.1 Claims for damages against vystem, through or in connection with the use of the event app, the vystem content (together "services"), the provision of services or the failure to provide services or through information accessible via services, in particular compensation for indirect damage, consequential damage or other damage resulting from loss of use, loss of data or loss of profit, can only be asserted by the user in the event of:
(i) gross negligence on the part of vystem, its legal representatives or vicarious agents;
(ii) culpable breach of essential contractual obligations, insofar as the achievement of the purpose of the contract is jeopardised as a result, with regard to the foreseeable damage typical of the contract, in the amount of damage
(iii) damage resulting from injury to life, limb or health, which is based on a negligent breach of duty by vystem or an intentional or negligent breach of duty by a legal representative or vicarious agent vystem or
(iv) liability of vystem under the Product Liability Act for personal injury or property damage to privately used objects.
8.2 The above limitations of liability and indemnities shall also apply to claims against employees, workers, representatives and vicarious agents of vystem.
9.1 The organiser or user can terminate their vystem account at any time by sending a message to email@example.com. The termination does not release the organiser from his payment obligation.
9.2 The organiser's vystem account can be terminated by vystem at any time for good cause (including breach of the GTC). The participant's account can be terminated by vystem at any time after the event without giving reasons by giving 4 weeks' notice by e-mail.
9.3 The user is expressly informed that upon termination of this agreement, all licences granted by vystem under these terms and conditions shall expire.
9.4 Upon termination, the user is immediately obliged to remove all data obtained in connection with the use of the Event-App from all websites, scripts, widgets, applications and other software processed with this data and to delete them.
10.1 Should a provision be or become void, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that is as economically similar as possible.
10.2 Special agreements and ancillary agreements must be in writing to be effective. This written form clause can only be deviated from by written agreement. Amendments and supplements to these terms and conditions shall only be effective if they have been confirmed by us in writing.
10.3 All legal relationships between vystem and the user shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods, even if the user's registered office is abroad.
10.4 As far as permissible, the place of jurisdiction is Munich.