Terms and Conditions

Terms and

Conditions

  • Terms and Conditions
    Dutch Game Garden events

    PLEASE READ CAREFULLY

    These terms and conditions (the “Terms”) apply to all Visitors at Events and to all other agreements between You and DGG (all capitalised words each as defined below). By registering for and/or participating in an Event, you accept these Terms. These Terms may have legal consequences and can affect your rights in case of non-compliance.

    Article 1. Definitions

    1.1. The following definitions are used in these Terms: 

    Agreements These Terms, the Event Terms and any other applicable terms, conditions and agreements between You and DGG regarding and/or applicable to the Event(s). 

    Code of Conduct

     

    “Confidential Information”

    The DGG Code of Conduct which can be amended from time to time and which can be found at https://www.dutchgamegarden.nl/code-of-conduct/.

    all information related to the enterprise of the Parties and regarding which the Parties can be deemed to realise that this information is of a confidential nature, unless:

     

    1. The information is already public knowledge other than due to a direct/an indirect breach of this Agreement;

     

    1. The Party that has received the Confidential Information can demonstrate that this Party had already taken note of this information via another source and this source was not bound by confidentiality of this information;

     

    1. The Parties have agreed that the information does not classify as Confidential Information.
    DGG / We / Our Dutch Game Garden foundation (‘stichting’) and its representatives and/or personnel.
    Event An event organized by or on behalf of DGG such as the DGG Network Lunch, INDIGO and other workshops, conventions, meetings and events organised by or for DGG.
    Event Fee A required payment that You need to make when registering for an Event in order to be admitted to an Event.
    Event Pass A pass, ticket or other kind of permit to enter the Event.
    Event Page The webpage or other source that contains information about the specific Event found on the Website or any other digital or paper source (such as but not limited to posters and flyers).
    Event Terms Any terms, conditions or agreements specifically applicable to one or more Events that can be found on the Event Page if applicable.
    Intellectual Property Rights All forms of (intellectual and industrial) property rights, including but not limited to copyrights, database rights, patent (application) rights, design (application) rights, know-how and trade secret rights, whether registered or not, recognized in any country or jurisdiction in the world.
    Online Platform The online platform on which the digital (part of the) Event will be held.
    Third Party Provider Other parties than DGG that may be involved in the organisation of the Event.
    Venue The building, area or place in which the physical (part of the) Event will be held.
    Visitor / You(r) An individual (whether for themselves or as a representative of a company or organisation) who attends an Event who is not a representative or personnel of DGG or a Third Party Provider.
    Website The DGG website found at https://www.dutchgamegarden.nl/ and/or the website of the DGG INDIGO event, found at https://www.dutchgamegarden.nl/indigo/.

    1.2. Terms written in the singular include the plural and vice versa, insofar as the text requires.
    1.3. Every time “such as” is used in these Terms, this implies “including, but without limitation”.

    Article 2. Event registration

    2.1. In order to be admitted to an Event You may need to validly register as a Visitor. The registration procedure may vary. Registration is subject to the Agreements. You may find specific Event registration information on the Event Page.
    2.2. Registration to an Event must be completed before the Event takes place. If there are any more specific details on the registration deadline, those can be found on the Event Page.
    2.3. If You are a representative of a company or organisation, You confirm that you have authority to enter into the Agreements on behalf of the company or organisation and that the Visitor(s) from the company or organisation who attend the Event are aware of and bound by the Agreements.
    2.4. You confirm that all information You provide as registration details are accurate, complete, and true. If there are any changes in the information provided, You must update that information and/or contact Us without delay.

    Article 3. Event admission and participation

    3.1. It may be necessary to prove Your identity when entering or being present at an Event. You agree and ensure to provide Us with a valid identity card and/or Event Pass when We ask You to identify.
    3.2. If You received an Event Pass from or on behalf of DGG, this Event Pass is personal. You may not sell, transfer, or share Your Event Pass.
    3.3. We reserve the right to refuse entry to Visitors who fail to produce an Event Pass (if applicable) and/or an identity card when requested.
    3.4. An Event may require You to be over a certain age. If no age restriction is specified at the Event Page or in the Event Terms, all Visitors must be at least sixteen (16) years old.
    3.5. If applicable, tokens, chips or other specific payment methods used at the Event are only valid during the Event and cannot be reimbursed after the Event.

    Article 4. Visitor obligations and restrictions

    4.1. You shall:
    a. comply with the Agreements, Code of Conduct, other general rules, policies, and procedures (such as rules of the public order), and any reasonable instructions issued by the representatives and/or personnel of DGG, the Venue and/or the Online Platform; and
    b. behave respectfully, professionally, and appropriately; and
    c. not carry out other promotional activities at or around the Event without Our prior written consent from DGG; and
    d. not breach the Dutch laws or regulations.
    4.2. On pain of confiscation, You may not bring the following to the Event:

    a. professional photographic, film, sound and/or other recording equipment;
    b. glassware, fireworks, guns and/or other dangerous objects;
    c. prohibited substances and/or alcoholic beverage; and/or
    d. laughing gas and/or other drugs (including list I and II of the Opium Act).

    4.3. The confiscated goods under (a) of article 4.2 above will be returned after the Event. We are not liable for any damages that occur with the equipment during the confiscation.
    4.4. The confiscated goods under (b), (c) and (d) of article 4.2 above may not be returned and DGG has the right to destroy them. If You violate this prohibition, You may be refused admission to and/or removed from the Event without being entitled to any reimbursement or claim of damages.
    4.5. Your travel to and from an Event and Your attendance at an Event is fully at your own risk. We are not responsible for any damages You incur.
    4.6. We are not obliged to provide advice or assistance relating to Your travel to and from the Event.
    4.7. We are not responsible if You fail to obtain the necessary travel documentation (such as a visa) to enter the country in which the Event is held. Failure to obtain any necessary travel and/or residence documentation is at Your own risk.
    4.8. You are allowed to make photographs and/or videos of the Event for personal use and/or posting content on social media, provided that You mention and tag DGG, the Venue and the Online Platform (whichever applicable) as the Event organiser. If You wish to use Your photographs and/or videos for any other purpose, You must first receive permission from Us. The following uses of Your photographs and/or videos of the Event are explicitly forbidden:

    a. Commercial use;
    b. False advertisement;
    c. Intellectual property breach;
    d. Using content with the portraits of other Visitors without their permission; and/or
    e. Falsely claiming ownership over the content and/or the Event.

     Article 5. DGG Rights

     5.1. We reserve the right to change the Event, such as the date, Venue, content, guests, speakers and/or time of the Event, at any time and for any reason. We shall use reasonable efforts to notify the Visitors of any such changes prior to an Event.

    5.2. In the scenario that the date of the Event gets changed to a new date, Your registration will remain valid. If You are not available at the new date of the Event, it is Your own responsibility to cancel your registration in a timely manner.

    5.3. We reserve the right to recover from You any loss or damage incurred or suffered by Us, the Venue, the Online Platform or any other Visitors resulting from Your actions or omissions at the Event or failure to comply with the Agreements and/or the Code of Conduct.

    5.4. We have the right to (let another party) take photographs and/or videos at the Event. We reserve the right to edit, disclose, multiply, livestream and use the photographs and videos from the Event that may feature You for marketing materials, such as social media channels, websites, and/or printed materials. We do not need any further approval from You. If You – for whatever reason – do not want Your photograph to be taken at an Event, please notify the photographer. We will use reasonable efforts to try to comply with Your request. If You want a photograph and/or video of You to be taken offline or removed, please let Us know and We will remove the photograph and/or video featuring You.

    5.5. We reserve the right to – in Our absolute discretion and without liability – with or without warning remove You from the Event(s) for reasonable reasons determined by the DGG, Venue or Online Platform personnel, such as when:

    a. You fail to comply with the Agreements;
    b.
    You fail to comply with the Code of Conduct;
    c. You represent a security risk, nuisance, or annoyance to the (other) Participant(s) at the Event; and/or
    d. Visitors have filed one or more substantiated complaints about You and/or Your behaviour.

    In the event of removal from an Event as mentioned in this article 5.5, You will not receive any refund. 

    5.6. In addition of the right mentioned in article 5.5 above, We may also use different sanctions, such as:

    a. Give You a warning;
    b.
    Deny (future) access to Events; and/or
    c. Blacklist your account details (if applicable).

    Article 6. Event Fees

    6.1. Payment of an Event Fee in full is due upon registration. If the payment is insufficient or declined for any reason, You are deemed as ‘not registered’ and may be denied access to the Event. Any further information on payments can be found on the Event Page.

    6.2. Event Fees need to be paid before the applicable Event commences, but in any scenario no later than fourteen (14) days after registration

    6.3. The Event Fees (if applicable) are exclusive of any VAT,  any other applicable tax or any other fee, such as fees from Third Party Providers, such as but not limited to Eventbrite . Any applicable VAT or other tax or additional fee from a ticket sale event tool like Eventbrite is due and payable by You.

     6.4. Any payable fees (such as Event Fees) ought to be paid in full without any set-off, counterclaim, deduction or withholding.

    Article 7. Online Events

    7.1. You are responsible for using the necessary hardware, software, internet access and payment of any charges that are needed to access the online (parts of the) Events (if applicable). We are not responsible for the availability, speed or quality of any telephone lines, internet lines and/or equipment that You use to access the online parts of the Event.

    7.2. You are responsible to ensure that your hardware and software is compatible with the technology of our Online Platform and/or Event

    7.3. An Online Platform might use different terms and conditions for Your participation. By attending the online (parts of the) Event you accept any such additional Online Platform terms and conditions.

    7.4. You may be given a user name and/or password to access the Online Platform. You are not permitted:

    a. to share Your user name and/or password details with anyone else; and/or
    b.
    to make Your user name and/or password available on a network or online.

    7.5. We are not responsible for information posted by Visitors on online (parts of the) Events and cannot guarantee the safety and accuracy of any such information. This use is at Your own risk. We urge you to not click on any links that You do not immediately trust or recognise.

    7.6. We reserve the right to change an offline Event to an online Event at any moment. In the scenario that an offline Event becomes an online Event, Your registration (if completed) will remain valid, unless communicated differently on the Event Page. There might be administration fees charged for such a change to an online Event.

    7.7. You are responsible for information and/or content which you contribute and You must comply with the following restrictions when publishing it. You may not post, link to, upload, download, send, distribute or (re-)use any information or content on the Online Platform which:

    a. is obtained in breach of confidence or which contains Confidential Information;
    b. infringes any Intellectual Property Rights or other rights of DGG or a third party;
    c. is offensive, threatening, indecent, discriminatory, defamatory or obscene;
    d. is unlawful;
    e. constitutes religious, political, or unsolicited advertising of any type; and/or
    f. constitutes or contains a virus, trojan, malware or other harmful components.

    Article 8. Third Party Providers

    8.1. We may use or work with Third Party Providers in relation to the Event, such as but not limited to:

    a. Venue providers;
    b. Online Platform providers;
    c. T
    ransportation providers;
    d. Product or service providers (such as print services);
    e. Payment providers; and/or
    f. Accommodation providers.

    8.2. The Third Party Providers do not have any command or control over the Event other than their respective task. Any information You receive from Third Party Providers may not be accurate. You ought to ask for information about:

    a. the Event only from DGG personnel;
    b.
    the Venue only from DGG or Venue personnel; and
    c. the Online Platform only from DGG or Online Platform personnel.

    8.3. We are not liable for any damages incurred from or incorrect information received by the Third Party Providers. If You enter into a direct relationship with such Third Party Provider(s), that is at Your own risk.

    Article 9. Intellectual Property Rights

    9.1. All Intellectual Property Rights in and to Events are the sole property of DGG or any of its Third Party Providers. We may provide a licence to third parties to use certain Intellectual Property Rights at our sole discretion. Under no circumstances will any Intellectual Property Rights be granted to You under these Terms.
    9.2. You may only use DGG’s and/or the Event’s Intellectual Property Rights for Your own personal use during and for the purpose of the Event. You may explicitly not use any Intellectual Property Rights for resale, distribution, or other commercial purposes.

     Article 10. Data Processing

    10.1. In this clause the terms “personal data”, and “processing” shall have the meanings ascribed to them under the General Data Protection Regulation (“GDPR”).
    10.2. We shall process personal data We obtain or hold in relation to these Terms for the purposes of carrying out Our obligations under these Terms, in accordance with relevant and applicable data protection laws.
    10.3. We shall use Your personal data for the purpose of providing Events, such as registration, communication, access, reservations, administration, invoicing and payment, post-Event feedback and Visitor verification.
    10.4. To fulfil Our obligations in relation to the Event, We may share relevant personal data with Third Party Providers, presenters, sponsors, organisers and other relevant third parties.
    10.5. For more information about data processing please go to our Privacy Policy at https://www.dutchgamegarden.nl/privacy-policy/ [X.

    Article 11. Cancellation

    11.1. If the Event has no registration fee, You may at all times up and until the start of the Event cancel Your registration without any fees or consequences (‘for free’).
    11.2. If You registered for an Event and do not participate without cancellation, We have the right to:

    a. Charge a cancellation fee;
    b.
    Deny You access to one or more future Events; and/or
    c.
    Retain any registration fees paid by You.

    11.3. If the Event has a registration fee, You must cancel Your registration in writing to DGG no later than 1 month before the start of the Event for a full refund and no later than 10 business days before the start of the Event for a 50% refund. There might be administration fees charged for cancellation.
    11.4. If You cancel after the deadline mentioned above in article 11.3 or on the Event Page, You will not receive any refund. Cancellation will be at Your own risk.
    11.5. We have the right to cancel or postpone an Event. When this happens, we will notify You as soon as reasonably possible.
    11.6. In the event of cancellation from Our side, we shall give a full refund of the registration fees paid by You.
    11.7. If the Event gets postponed, You are re-registered for the rescheduled Event automatically. You can request for a full refund of registration fees paid by You instead of the re-registration for the rescheduled Event. Such request has to be in writing no later than 1 month before the start of the rescheduled Event. There might be administration fees charged.
    11.8. Any monies for refunds will be issued back to the payment details used to pay the registration fees when registering for the Event. 

    Article 12. Force Majeure

    12.1. We will not be liable for any failure to (timely) fulfil Our obligations if this is (wholly or partially) the result of events that reasonably make the fulfilment of this obligation impossible, such as:

    a. breakdowns of the internet, telephone, or electricity network;
    b. calamities or environmental disasters;
    c. virus outbreaks and/or pandemics;
    d. strike actions;
    e. war and/or terrorism;
    f. cancellation of the (main) guests of the Event (if applicable); and/or
    g. amended legislation.

    12.2. We will inform You as soon as possible of a situation of force majeure as referred to in the first paragraph of this article 12. 

    Article 13. Liability

    13.1. To the maximum permitted under Dutch law, We exclude all liabilities in relation to:

    a. third parties;
    b. force majeure events;
    c. indirect loss, lost profit, lost savings, consequential losses, reduced goodwill and loss due to business interruption;
    d. loss, theft and/or unauthorised use of Your belongings by any party, person or Visitor (other than DGG and its personnel);
    e. any damage incurred as a result of loss of or damage to Event Passes;
    f. cancelled, changed, or amended Events; and/or
    g. denied access or removal of Visitors from an Event, unless the Visitor proves gross negligence of DGG.

    13.2. We accept no liability for the content of the Event and the way it is carried out, such as the duration of the programme of the Event or the quality of the programme of the Event.
    13.3. Our total liability to You shall be limited to the total amount of the registration fees paid or payable by You under these Terms and We shall not be liable for any additional damages or losses incurred by You.
    13.4. You indemnify DGG against any possible claims from third parties in connection with acts and/or the behaviours of You as a Visitor during or in relation to the Event and/or the Agreements.

    Article 14. Miscellaneous

    14.1. We may assign or transfer any and all of Our rights and obligations under these Terms to any third party related to Us and/or the Event. Without prejudice to the previous, We may sub-contract (part of) the Event to any entity which operates a business relevant to (part of) the Event. We will remain responsible for the Event.
    14.2. You may not assign, sub-license or otherwise transfer any of your rights under these Terms without Our prior written consent.
    14.3. The Agreements are the entire agreement and understanding between You and Us relating to the Event.
    14.4. In the event of discrepancy between the Agreements and other information sources, the following order will determine which document (if applicable) will prevail – with ‘a’ being the most prevailing:

    a. Event Page
    b. Event Terms
    c. These Terms
    d. Code of Conduct
    e. Other applicable terms, conditions, and agreements

    14.5. We may make amendments to these Terms from time to time. Amendments will be effective immediately from the moment when they are posted on the Website. You are deemed to have accepted the amended Terms if you attend an Event.
    14.6. Adjustment to or deviations from these Terms are only applicable if these have been agreed by Us in writing.
    14.7. If one or more provisions of these Terms are at any time wholly or partially null and void or should be declared null and void, the remaining provisions of these Terms will remain in full force and effect.
    14.8. If a situation arises that is not regulated by the Agreements, it will be assessed in accordance with the most plausible interpretation of the Agreements and for which interpretation the opinion of DGG will prevail.

    Article 15. Applicable law

    15.1. These Terms are construed in accordance with and exclusively governed by the laws of the Netherlands.
    15.2. Any and all disputes arising out of or in connection with the Agreements shall be subject to the exclusive jurisdiction of the court of Utrecht, the Netherlands, unless another court is mandatorily prescribed by law.