Terms and Conditions

(version 2023.02.08)

Introduction

These Terms and Conditions for Users (“Users Conditions”) set forth certain rights and obligations of Swiss Chamber of Commerce for Digital & Blockchain Finance, Via G.B. Pioda 9, 6900 Lugano, Switzerland d/b/a Swiss Digital Hockey (“we”, “us”, or “Swiss Digital Hockey”) and you (“you”, “User”, if and as applicable) with respect to your access to and use of our platform, including to Swiss Digital Hockey and the Swiss Digital Hockey apps (each the “Platform”). These User Conditions, together with all other policies and terms and conditions we may provide to you from time to time in connection with the Platform, to which you consent and agree by accessing and using the Platform, shall form the “Agreement” which shall specify your rights and obligations with respect to the Platform. In the event of any conflict between these User Conditions and any other Agreement with respect to the subject matter hereof, the User Conditions shall prevail. You must take the time to read and understand these User Conditions before using the Platform, together with each of the Agreements, as they expand upon these User Conditions, and are binding legal agreements which govern your use of the Platform and, the Sale and the Use of the paid platform features (Fan Tokens). You accept that you are entering into a contract with us under these User Conditions.

Platform 

Our Platform is a new way of engagement with the club, allowing fans to participate directly in making key decisions via live feedback and polls. Moreover, we are providing ice hockey fans with a more entertaining way of supporting the club with digital hockey gaming based on real time statistics from actual tournaments. Users may browse the Platform, buy the access to the paid features (Fan Token), such as access to polls and surveys, digital hockey.

Purchase of paid features (Fan Token) 

Although creating an account on the platform is free of charge and open for everyone, access to some features like polls and surveys, digital hockey requires payment of a one-time fee. The exact amount of the fee is indicated on the My Fan Token page. The following methods of payment are available for fee-based features: credit/debit card or Twint. After successful payment, User profile is immediately updated and paid features are open.

Refund and shipping conditions

 As all paid features are activated immediately after the payment and delivered in the form of user profile update, all sales are final and non-refundable.

Fan token

 Fan Token is a part of user profile which indicates an access to the paid features. It is visible on My Fan Token page in the form of a PNG. If the User has connected his/her Digital Wallet to the platform, a Fan Token is also delivered directly to the connected Digital Wallet in the form of NFT, however, in order to gain access to the paid features, there is no need to connect the Digital Wallet, Fan Token in a form of NFT only acts as an additional proof of access to the platform’s paid features and is not a primary good for which the fee is collected.

User Account

 You are responsible for ensuring that your User Account includes complete, accurate, and up-to-date information, and may include, without limitation, your name, contact details, and any other details required by any applicable government agency or regulatory body. You must not take any action through your User Account that could potentially infringe anyone's rights, or which is offensive, hurtful, false, defamatory, threatening, or otherwise inappropriate, as we determine in our sole and absolute discretion. We may suspend or terminate your User Account, limit your permissions on the Platform, if we determine or have reason to suspect that you have committed any such action. You acknowledge and agree that you are responsible for everything which is done on, through, or in connection with your User Account. For security or other reasons, we may require you to change your password or other information which facilitates access to the Platform; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

Your Obligations to Us

You acknowledge and agree that, as between you and us, (i) we shall at all times exclusively own and control the Platform, our Marks, any and all data and information generated in connection with the operation of the Platform, including, without limitation, any and all communications between you and us, and our communications any third party, marketing, promotion, advertising, and Sale of the paid features, (ii) the exercise and use of all of the foregoing shall inure solely to our benefit, and (iii) all of the foregoing are proprietary and confidential to us and shall not be shared or disclosed by you to any third party, except to the extent strictly required by applicable law. We do not grant you any right to display or use our Marks, Platform, or proprietary and confidential data and information, except as expressly authorized in these User Conditions, without or express prior written permission. By using or accessing our Platform, you give your consent and agreement to our Privacy Policy, which governs all Platform users. You shall use the Platform, and all content and intellectual property rights associated with the Platform, solely as expressly authorized by us pursuant to these User Conditions. You will not use any robot, spider, scraper, any other automated means to access the Platform, for any purpose, without our prior written approval. You shall not use the Platform to send unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their and our express consent. No user shall use any information regarding other user that is accessible through the Platform except as expressly permitted by these Conditions. You acknowledge that we have the right in our sole and absolute discretion to change, modify, remove, or withdraw any and all features of the Platform, at any time, without notice. You will fully cooperate with us in the enforcement of our exclusive rights in the Platform, and we shall be exclusively entitled to retain any and all damages, costs and any other relief, equitable or legal, recovered against any infringer of such rights.

Our Obligations to You

We will make commercially reasonable good faith efforts to ensure the uninterrupted availability of the Platform to facilitate the operations and Sale of the paid features, but we make no representation or warranty relating to any of the foregoing. We reserve the right to withdraw or modify all or part of the Platform and/or any service or product we offer, at any time, for any reason, without any liability to any User, except as expressly described in this Agreement. We use reasonable care and skill to provide the Platform as described herein, but the Platform is provided on an "as is" basis, and we cannot and do not guarantee that the Platform will meet any specific requirements. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these User Conditions and as otherwise required by applicable law. Except as expressly stated elsewhere in these User Conditions, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. The Platform may contain links, advertisements, promotions, or marketing for third party products or services, which sites may have terms and conditions which differ from ours and may provide offensive, objectionable, unlawful, or inaccurate information. The presence or such third party content does not indicate that we endorse such third parties or their content, and we are not responsible for examining or evaluating the quality, accuracy, reliability, or lawfulness of such third party content, products, or services. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Our liability shall be limited to direct loss or damage, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its agents, directors, officers, shareholders, employees and subcontractors. Our liability shall be limited to wilful intent and gross negligence. It is your responsibility to take out insurance against risks which exceed such amounts or are otherwise excluded from these User Conditions.

Survivability

No Implied Waiver. If any part of these User Conditions is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. These user Conditions will be binding upon and inure to the benefit of our respective successors, assigns, heirs, agents, beneficiaries and representatives. Our failure to act with respect to a breach of these User Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.

Entire Agreement

These User Conditions, together with the rest of the Agreement, expresses our entire understanding with respect to the subject matter hereof, and replace any and all former agreements, understandings and representations relating in any way to the subject matter hereof. No modification, alteration or amendment of this Agreement shall be valid or binding unless it is in writing and signed by the party to be charged with such modification, alteration or amendment. No officer, employee or representative of Swiss Digital Hockey has any authority to make any representation or promise not contained in the Agreement and you acknowledge that you are not entering into this Agreement in reliance upon any promise or representation not expressly set forth in this Agreement.

Definitions

“Account” means the account registered with the Platform, which account shall include complete and accurate information establishing the identity, contact details for each User, as applicable. “Agreements” has the meaning set forth in these User Conditions. “User” means an authorized user who has registered an account with the Platform. “User Conditions” means the Swiss Digital Hockey User Terms and Conditions, as the same may be updated from time to time. “Swiss Digital Hockey” has the meaning set forth in these User Conditions. “Platform” has the meaning set forth in these User Conditions. “Privacy Policy” means that certain Privacy Policy provided by us, to which you agree when you use the Platform, as the same may be updated by us from time to time. “Rights” has the meaning set forth in these User Conditions. “Site” means the primary website under which the Platform operates, and each other website operated by or in connection with the Platform. "Digital Wallet" means applications that let you interact with your Ethereum account. Your wallet lets you read your balance, send transactions and connect to applications. It is where you your can store your Fan Token “Fan Token” means the proof of access to the platform’s paid features