Terms & Conditions
Term & Conditions
1) Scope of application
1.1 These terms and conditions (the “Terms & Conditions”) of Finance Phoenix (the "Company") apply to all contracts between the Company and its customers. By using the information, tools, features and functionality located on the Company’s website (the “Website”) or otherwise provided by the Company, you agree to be bound by these Terms & Conditions. Any conditions stipulated by the Customer which are in contradiction to these terms and conditions shall only be valid, if expressly acknowledged by the Company in writing.
1.2 Your use of the Website is also subject to the Company’s Privacy Policy (the "Privacy Policy"). Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms & Conditions.
2) For educational and informational purposes only
2.1 You acknowledge that the information contained on the Website, the resources available for download through this Website, the live and recorded presentations and the paid courses, programs, and associated material of the Company (the “Company Material”) are for educational and informational purposes only and shall not be understood or construed as legal, financial, tax or any other professional advice.
2.2 The Company points out in particular that the Company Material shall not be understood or construed as formal financial advice or investment advice and is not a substitute for financial advice from a professional who is aware of the facts and circumstances of your individual situation.
3) International users
The Website is controlled, operated and administered by Nadine Hunkeler Finance Phoenix from our offices within Switzerland, Zurich (Bahnhofstrasse 62, 8001 Zürich). If you access the Services from a location outside Switzerland, you are responsible for compliance with all locally applicable laws. You agree that you will not use any Company Material in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
4) Termination and access restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice.
5) Email and other electronic communications
5.1 Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
5.2 There are various places on this Website that provide you the ability to send an electronic communication to the Company. As set forth in more detail in our Privacy Policy, your email correspondence will be used exclusively for processing the correspondence, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court’s or public prosecutor’s order.
6) No unlawful or prohibited use and intellectual property
6.1 As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the Company Material for any purpose that is unlawful or prohibited by these Terms & Conditions. You may not use the Website or any of the Company Material in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
6.2 All content on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
6.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Company Material, in whole or in part, found on the Website or otherwise made available to you by the Company.
7) Use of templates and forms
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use its templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading forms, you agree that the forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
8) Use of paid courses, programs, and associated material
8.1 The Company provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
8.2 By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
8.3 By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
8.4 By ordering or participating in Courses, you further agree that you will not create any groups with the other Courses’ participants using the Course or Company’s branding.
9) Courses
9.1 A description of the Courses together with the duration is available on the Course description page. We will offer the Courses with reasonable care and skill in accordance with the description set out on the Course description page.
9.2 We reserve the right to vary or withdraw any of the Courses described on the Website without notice.
9.3 The Course access cannot be paused. To extend the duration of a Course program, an extension can be purchased separately.
9.4 We do not make any guarantee to you that you will obtain a particular result or financial results from your purchase and completion of any of the Courses.
10) Conclusion of contract
10.1 The product descriptions contained in the Company's online shop do not constitute binding offers on the part of the Company, but serve for the submission of a binding offer by the Customer.
10.2 The Customer can submit the offer via the online order form integrated in the Company's online shop. In doing so, after entering his personal data, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
10.3 The Company may accept the Customer's offer within five business days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Company does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
10.4 The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth business day following the sending of the offer.
10.5 When an offer is made via the Company’s online order form, the text of the contract is stored by the Company and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with his approval to these Terms & Conditions. In addition, the text of the contract is archived on the Company’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Company’s online shop before submitting his order.
10.6 Before submitting a binding order via the Company’s online order form, the Customer can correct his entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
10.7 Order processing and contacting take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Company can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Company or by third parties commissioned by the Company to process the order can be delivered.
11) Right of withdrawal and refunds
11.1 If a Customer qualifies as a consumer under the applicable laws (the "Consumer”), such Consumer has the right to withdraw from a contract with the Company without giving any reason and without penalty within 14 days of the conclusion of such contract. In order to exercise this right, the Consumer must, within these 14 days, notify the Company in writing under [Nadine Hunkeler Finance Phoenix, Bahnhofstrasse 62, 8001 Zürich].
"The Company thinks Consumers should have the choice to use the Companies services or not so the Company does not lock them into a contract. This is why, in addition to any mandatory rights, even after 14 days, the Consumer can end a contract by notifying the Company in writing with the effect that all pending transactions will be cancelled. The Consumer will have to pay the fees for the services used up until the termination is effective. The same applies for any goods ordered up until the termination is effective."
12) Prices and terms of payment
12.1 Unless otherwise indicated, the Company's stated prices include the statutory value-added tax and other price components. Any additional delivery and shipping costs will be indicated separately in the respective product description.
12.2 Various payment options are available to the Customer, which are indicated in the Company's online shop.
12.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
12.4 If the payment method delivery on account is selected, the purchase price shall be due after the goods have been delivered and invoiced.
If the payment method delivery on invoice is selected, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Company reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method in the event of a negative credit check.
12.5 If the payment method "PayPal" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms and conditions of use, available at https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=de_CH. This requires, among other things, that the customer opens a PayPal account or already has such an account.
12.6 In the event of late payment, a late payment interest according to the applicable laws as well as processing fees as stated under www.fairpay.ch. shall be charged.
13) Courses – Force Majeure
The Company shall not be liable to you for any breach of its obligations or termination under these Terms & Conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics, epidemics and other natural catastrophes, terrorism, strikes, as well as in case of death in the trainer’s close family, illness, invalidity, accident or death of the trainer, Government edict or regulation.
14) Use Of Free Downloadable Content
14.1 The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use its resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
14.2 By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
14.3 By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
15) Delivery and shipping conditions
15.1 The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the Customer. The delivery address specified in the Company's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Customer with PayPal at the time of payment shall be authoritative.
15.2 If the transport company returns the dispatched goods to the Company because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch.
15.3 Unless otherwise agreed separately, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer when the goods are dispatched or when they are handed over to the appointed carrier.
15.4 In the event of self-collection, the Company shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the Customer can collect the goods by arrangement with the Company. In this case, no shipping costs will be charged.
16) Special conditions for the processing of goods according to certain specifications of the Customer
16.1 If, according to the content of the contract, in addition to the delivery of the goods, the Company is also obliged to process the goods according to certain specifications of the Customer, the Customer must provide the Company’s operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and grant the operator the necessary rights of use for this. The Customer alone is responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that he has the right to use the content provided to the Company. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
16.2 The Customer shall indemnify the Company against claims of third parties which the latter may assert against the Company in connection with an infringement of their rights by the contractual use of the Customer's content by the Company. In this context, the Customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. In the event of a claim by a third party, the Customer is obliged to provide the Company immediately, truthfully and completely with all information required for the examination of the claims and a defence.
16.3 The Company reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
17) Third Party information on Website
17.1 The Company may, from time to time, provide information from a third-party in the form of a podcast guest interview, interview on other platforms, guest blog posts, or other media. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
17.2 Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign and which are required for the use of the interviews by the Company.
18) Use of communication services
18.1 The Website or Courses components may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
18.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service, to remove any materials in its sole discretion and to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
18.3 The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
18.4 Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as the Company’s spokespersons, and their views do not necessarily reflect those of the Company.
18.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
19) Materials provided to the website and courses
19.1 The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to the Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, its affiliated companies and business partners, and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
19.2 No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
19.3 By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In case of a breach of this clause, clause 17.2 of these Terms & Conditions will apply accordingly.
20) Links to third party websites and services
20.1 The Company Material may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.
20.2 Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
21) Reviews
21.1 At various times, the Company may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. In exceptional cases the Company may receive a commission or other incentives from third parties.
21.2 Regardless of any such discounts or incentives, the Company will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided through the Company Material.
21.3 We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product and/or service. If you would like more information about any such discounts and incentives, send an email to [email protected] that includes the title of the reviewed product and/or service as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
22) No Endorsements
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Similarly, recommendations of products and services made on the Website or in the Courses do not constitute an endorsement of such products and services. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
23) No warranties
23.1 The Company makes no warranties regarding the performance or operation of this Website. Finance Phoenix further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website, during live or recorded presentations or any other Company Material. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
23.2 The Company provides only educational and informational information that are intended to help users of this Website and the Courses to succeed with investing and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
23.4 You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or Customers of the Company or otherwise – applying the principles set out in this Website and in the Courses are no guarantee that you or any other person or entity will be able to obtain similar results.
24) Limitation of liability
24.1 To the maximum extent permitted by current laws and/or regulations, the Company, including its directors, agents, employees disclaim any and all liability for losses or damages of any kind whatsoever arising directly or indirectly as a result of (1) the data, information, accuracy, completeness or otherwise of the Company Material or any links or third party content; (2) any errors in or omissions from the Company Material; (3) use of or access to the Website; (4) any inability to access or use the Website or the courses for any reason.
24.2 To the full extent permitted by current laws and/or regulations, the Company shall not be liable for any (1) loss of profits or revenue or savings or other economic loss, (2) loss of business or goodwill, (3) loss of or damage to data, (4) incidental or special loss, (5) wasted or lost management time, or (6) indirect or consequential loss arising from use of or access to the Company Material, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.
25) Investment risks
Every investment involves risk, especially with regard to fluctuations in value and return. Investments in foreign currencies involve the additional risk that the foreign currency might lose value against the investor’s reference currency. As a result, returns may increase or decrease as a result of currency fluctuations. Certain investment alternatives discussed on the Company Material are complex instruments and may carry a very high degree of risk. Such investments are intended only for investors who understand and accept the associated risks. The risks of investing include, but are not limited to: changes in financial and economic conditions; changes in the geopolitical climate; the motivation and financial health of financial providers; changes in the availability and pricing of financing; changes to laws and regulations; and events which could be classified as force majeure and other events outside of the control of the Company. Please contact a specialist for further details on risks associated with the investments covered by the Company Material.
26) Past and future performance
Certain information contained in the Company Material constitutes “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue” or “believe,” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance of any investment may differ materially from those reflected or contemplated in such forward-looking statements. You should not rely on these forward-looking statements. As such, target returns and financial projections presented in the Company Material are not predictions or guarantees of future performance, and there is no certainty that the target return and target values will be reached. Such target returns have been determined on the basis of past performance. Certain information has been obtained from sources outside of the Company. While such information is believed to be reliable for the purposes used herein, neither the Company, nor any of its affiliates or partners, members or employees, assume any responsibility for the accuracy of such information. Any performance information throughout the Company Material takes into account various assumptions and there can be no assurance that these assumptions will prove to be accurate and that the indicated returns or performance will be achieved. All indicated returns and investment performance for individual investments are, unless otherwise stated, in local currency.
27) Changes to the terms of use
The Customer acknowleges and is aware that the Company reserves the right to amend the Terms & Conditions at any time. All changes are effective immediately when the Company posts them and apply to all access to and use of the Website and the Company Material thereafter. Your continued use of the Website and the Company Material following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
28) Severability clause
To the extent that any provision of these Terms & Conditions is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms & Conditions but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms & Conditions in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms & Conditions in any other jurisdiction.
29) Applicable law, place of jurisdiction
29.1 Any contracts concluded in respect to the Company’s services and Company Material, these Terms & Conditions as well as any legal relations between the Customer and the Company shall be governed by the laws of Switzerland, excluding the UN Convention on Contracts for the International Sale of Goods.
29.2 The exclusive place of jurisdiction for all disputes shall be the Company's place of residence or business.
