1. SCOPE
1.1. SVOX AG, Zurich (hereinafter "SVOX") regularly organizes for its clients and partners information events focusing on Navigation, HMI and Speech Technology subjects (hereinafter a "SVOX Event").
1.2. These general terms and conditions shall exclusively govern the application and participation to the SVOX Event by persons domiciled in Switzerland and in any foreign country (hereinafter an "Applicant"). For the avoidance of doubt, these general terms and conditions do not apply to any other service or product of SVOX.
2. APPLICATION PROCEDURE
A. In General
2.1. The content of www.svox.com shall not constitute an offer within the meaning of the Swiss Code of Obligations, and shall instead solely constitute an invitation for the Applicant to tender an offer (i.e. to apply for a SVOX Event). In principle, only clients or partners of SVOX may apply to SVOX Events.
2.2. The Applicant shall submit the entirety of his application to SVOX via www.svox.com. The information provided by Applicant to SVOX shall be correct, complete and accurate.
2.3. The application is subject to credit card payment. In order to allow a timely processing, such application shall be placed at a minimum of 3 weeks prior to the date of the relevant SVOX Event.
B. Acceptance of application
2.4. SVOX will control and process the application upon reception thereof. If the Applicant qualifies for the participation to the relevant SVOX Event, SVOX will send to the Applicant by email a registration notice to the email address indicated by the Applicant.
2.5. An application is deemed to have been accepted by SVOX, insofar as upon completion of the ordering process, SVOX has sent to the Applicant the registration notice and has been credited of the according registration fee.
3. PRICE AND TERMS OF PAYMENT
3.1. The registration fees for the participation to the SVOX Events are listed under http://www.svox.com/News-andamp-Events.aspx. The registration fees cover the participation to the respective SVOX Event and, as the case may be, the supporting documentation that will be handed out at the entrance.
3.2. For the avoidance of doubt, travel, accommodation as well as other out-of-pocket expenses shall be borne by the Applicant.
3.3. Payment of the registration fee shall be effected by credit card (Eurocard/MasterCard or Visa).
4. REFUSAL AND CANCELLATION OF APPLICATION
4.1. SVOX may, at any time and at its sole discretion, limit the number of Applicants to a SVOX Event and/or refuse any application.
4.2. SVOX is also entitled to cancel any accepted application which does not fully comply with these general terms and conditions, in particular when the information provided by Applicant turns out to be incorrect, incomplete or inaccurate. In such case, SVOX will refund to the Applicant the received registration fee under deduction of the flat cancellation fee in accordance with the cancellation fees for the handling of the application.
4.3. The Applicant may, at any time until 2 weeks prior to the relevant SVOX Event, cancel his/her registration, subject to the payment of the flat cancellation fee set forth in Section 4.2 above for the handling of the application. The Applicant is not entitled to any refund of his/her registration fee, should he/she wish to cancel his/her registration within the 2 weeks immediately preceding the relevant SVOX Event. The same applies in case of no show at the SVOX Event.
4.4. SVOX shall charge the relevant amount back to Applicant's credit card.
5. POSTPONEMENT OR CANCELLATION OF A SVOX EVENT
5.1. If a SVOX Event is postponed or the event venue is changed, the registration shall be valid for the rescheduled event date and/or new event venue, irrespective of the grounds for such postponement or change of venue.
5.2. Should the Applicant cancel his/her registration upon a postponement or the change of venue of a SVOX Event, the flat cancellation fee set forth in Section 4.3 above shall be reduced by 50%.
5.3. In case of a force majeure event, including without limitation any event beyond the reasonable control of SVOX, such as "acts of God", war, danger of war, government regulations, revolts, strikes, fire, transportation disturbances or any other severe disturbance which affects the SVOX Event, its venues, organizers or suppliers, SVOX shall be fully released of all and any of its obligations hereunder.
5.4. In case a SVOX Event is cancelled and subject to Section 5.3 above, the Applicant may, within 30 days of such cancellation, request the full refund of his/her registration fee. In case such refund request is not made within 30 days of the cancellation of the relevant SVOX Event, SVOX is entitled to deduct from the amount to be refunded, the flat cancellation fee set forth in Section 4.3 above.
5.5. SVOX shall charge the relevant amount back to Applicant's credit card.
6. DATA PRIVACY
6.1. In order to control and process the applications, SVOX needs specific information about the Applicant such as Applicant's name, address, phone number, email address, application and mailing information, and credit card information (hereinafter "Applicant's data"). SVOX shall process Applicant's data in accordance with Swiss data privacy laws. SVOX will process, use and archive Applicant's data insofar as needed for the purpose of the performance of the SVOX Events, including registration process and payment procedures. In addition, SVOX shall process, use and archive Applicant's data for purposes of internal audit.
6.2. Applicant herewith expressly acknowledges and agrees to such processing, use and archiving and authorizes SVOX to submit Applicant's data to third parties, in particular to any third party involved in the processing of the credit card payments, including third parties outside of Switzerland, provided such trans-border transfer complies with the applicable Swiss data protection laws.
7. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
7.1. SVOX is entitled, at its sole discretion, to modify or amend these general terms and conditions at any time.
8. APPLICABLE LAW AND JURISDICTION
8.1. These general terms and conditions shall be exclusively governed by Swiss law, with the exclusion of conflict of laws rules.
8.2. Any dispute arising out or in connection with these general terms and conditions and/or the participation to any SVOX Event shall be subject to the exclusive jurisdiction of the ordinary courts of the canton of Zurich, venue being Zurich 9.
9. SEVERABILITY
9.1. Should any provision of these general terms and conditions be or become void, illegal or unenforceable, the validity and/or enforceability of the remaining provisions hereof shall not be affected. In such case, the void, illegal or unenforceable provision shall be replaced with a provision which corresponds as closely as possible to the economic aims of such ineffective provision.
Zurich, September 2008