CONFERENCE AND EVENT TERMS & CONDITIONS

Last updated 13 August 2018

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). BY REGISTERING FOR A CONFERENCE, AS A PARTICIPANT OR OTHERWISE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE REGISTER FOR A CONFERENCE.

Phenix Capital

Phenix Capital Holding B.V. (for the purpose of these Terms and Conditions, together with its subsidiaries and affiliates, “Phenix Capital”) is a boutique impact investing advisory firm founded in 2012, registered at the Chamber of Commerce under the number 55735789 and headquartered in Amsterdam. For the purpose of these Terms and Conditions, “we”, “our” or “us” refer to Phenix Capital whereas “you”, “your” or “participant” refers to an individual or entity that registers for a Conference in any capacity together with each individual who attends or accesses a Conference for or through any such registrant.

Phenix Capital hosts and organises many events, conferences or summits such as Impact Summit Europe, Impact Summit America, Impact Fair and Listed Equity Events. “Conference” refers to any event, conference or summit in partnership with or hosted or organised by Phenix Capital. The Terms and Conditions are applicable to each Conference except as otherwise expressly provided in the final Conference materials.

Conference Purposes

Our Conferences are presented for educational and general information purposes only. Neither any materials displayed, distributed, used or available at or in connection with the Conference nor any discussions with or in relation to any managers or funds or any presentations, panels or other activities constitutes investment or other professional advice, advice with respect to any securities or commodities, or an offer to sell or solicitation of an offer to buy any securities.

Registration

You will not be admitted to the Conference without prior registration. Our Conferences are invitation-only events and the registration for a Conference is strictly for the use of the named registrants. The registration can only be transferred with our prior approval confirmed by us by e-mail, and   request to transfer must be submitted by e-mail to us at least two (2) weeks in advance of the Conference. There will be no acceptances of registrations after the closing date of the registration. Your application to register does not imply the acceptance of your application. Your eligibility to attend the Conference will be confirmed via email by us.

Attendee Categories and Requirements

Asset Owners/ Investors - Asset owners (pension funds and their fiduciary managers, insurance companies, large foundations, endowments, DFIs, and sovereign wealth funds) assigned with the role of selecting external asset managers are entitled to a limited number of complimentary tickets per organisation due to capacity constraints. The complimentary tickets will be given through application only. Any application for complimentary tickets does not give you the right to claim the complimentary ticket. Your complimentary ticket will be confirmed to you by Phenix Capital before the Conference.

Fund Managers – The registrations for Fund Managers will be pre-screened by us and accepted applications will be informed via email.

Third Parties - There will be limited number of tickets for third parties. More details will be informed via the Conference link/webpage nearing the  Conference.

Volunteers - Volunteers approved by Phenix Capital will be provided a free ticket and guidelines (timings) for the conference in advance. They will be assigned responsibilities on the day of the conference, provided they follow the guidelines as provided by Phenix Capital events team.

Any guidelines and requirements will be available on the Conference webpage/link before the Conference.

Privacy and Data Security

The data security of your personal information is of utmost importance to us. We follow general standards to protect and secure your information shared with us. To learn more about our data security and how we manage and secure your data, please read our Privacy Policy.

Use of Personal Data for Advertising Purposes

You consent to film and sound recording as an attendee at any Conference. You may opt to have your details/ recording removed from our database by contacting Phenix Capital at privacy@phenixcapital.nl.

Protecting Your Password

In case you are required to generate a password for a Conference, you are responsible for keeping your password confidential. You agree not to hold Phenix Capital liable for any damages of any kind resulting from your decision to disclose your password to any other person. If you believe that your password may have been lost or stolen, or if you suspect any unauthorised activity on your account, please contact us immediately.

Phenix Capital may suspend or cancel your access to the Site if we suspect the Site, your account, or any online service offered through the Site is being used in an illegal, unauthorised or fraudulent manner.

Prohibited Conduct or Use

The unauthorised use of photographic and recording equipment at the Conference is prohibited.

You are prohibited to host or organise any event in conjunction with or in competition with the Conference without the express prior consent and cooperation of Phenix Capital. We reserve the right to take legal action as deemed appropriate.

Suspension or Cancellation

Phenix Capital may suspend or cancel your registration and/or access to the Conference in whole or in part Site if at any time we suspect the Site, your account, registration or access or any online service offered through the Site is being used in an illegal, unauthorised or fraudulent manner or in breach of these Terms and Conditions or we believe that you have engaged or threatened to engage in disruptive or other behaviour that we believe unacceptable or it appears that you may do so.

Refunds and Cancellations

Registrants may receive tickets admitting the registered participants to the Conference. The ticket once sold is non-refundable. We hold no responsibility if any ticket is lost or stolen.

Registrants are required to notify any cancellations to Phenix Capital at least two (2) weeks in advance to the date of the Conference. Any cancellations received within two (2) weeks of the Conference will be invalid and will not be accepted. The responsibility to make sure that the notifications for cancellations have been received and acknowledged lies with the Registrant. The cancellations received before two (2) weeks before the Conference will be eligible for a refund of the full fees less an administration fee.

Substitutions- A registrant may nominate a colleague to attend the Conference in his/her place, provided that such substitute meets the applicable eligibility requirement and the request for substitution has been made on or before two (2) weeks before the Conference. Any such requests to substitute must be made via email as provided on the Conference webpage/ registration page.

No Shows: No shows will be charged the full ticket amount and there will be no refund. Any unpaid invoices shall be required to pay all outstanding fees.

Complimentary ticket cancellations- Unless informed to Phenix Capital, before two (2) weeks before the Conference, the full price of regular ticket will be charged for a no show.

Cancellation on Non-Payment- The ticket of Registrants who are unable to make their payments by the required last date as provided on the Conference webpage/ registration page, will be cancelled, with no refund of partial payments made.

The tickets purchased for a particular Conference are strictly for the use of the named registrants or participants and may not be resold or transferred. We have the right to cancel the ticket with immediate effect and without any notice on a reasonable belief of any resale or transfer, attempt of resale or transfer or any association with a broker or tout.

Phenix Capital will not be liable for the granting of any visas to any participants that are required to attend any Conference. In the event that a participant’s visa is not granted, the tickets will not be refunded for any Conference.

Termination: Event Cancellation, Postponement and Substitution

Phenix Capital has the sole right to cancel, postpone, substitute or alter any Conference at any time without any prior notice or providing any reason for such cancellation, postponement, substitution or alteration. Phenix Capital will not be responsible or liable for any loss or damage as a result of such substitution, cancellation, postponement or alteration in the Conference if caused in whole or in part by events beyond our reasonable control, including without limitation an Act of God,  failure of or interference with transportation, communications, electrical, electronic, internet or other systems or services, loss of use of Conference venue for any reason, strike or other labor disturbance, emergency, war, riot, civil commotion, fire, extreme weather, earthquake or any other circumstance or event that in our judgment would make it unsafe, imprudent or inadvisable to continue with the Conference.

Payment Processing

We use a third party for payment processing online which is Payment Card Industry (PCI) Level 1­compliant. Online credit card processing collects and stores the payments online. We accept all major credit cards. Each transaction is protected by multiple layers of security.

Online Surveys

We may provide and email you with the Conference surveys and other surveys to help in our research and reporting. You agree to allow us to process your data for the same.

Intellectual Property and Right to Use

All intellectual property rights in all the materials displayed, distributed, used or available at or in connection with the Conference, including trademarks, graphics, pictures, articles, data collected for the Conferences and the content of the Conference, belongs to us or our licensors. You may not copy, reproduce, replicate, transmit, post, distribute, redistribute, sell, publish or commercially exploit any of the materials without our prior written permission. We reserve the right to use contact details of the attendees and videotape, record and/or photograph the attendees and the sessions at the Conference to be potentially used in promotional activities, future marketing, collateral material and any other lawful purpose.

Activity Disclaimer:

Our Conferences are presented for educational and general information purposes and not for the purpose of marketing, offering or selling any securities, commodities, financial or investment advice or any other products or services. Neither any materials displayed, distributed, used or available at or in connection with the Conference nor any discussions with or in relation to any managers or funds or any presentations, panels or other activities constitutes financial, investment or other professional advice, advice with respect to any securities or commodities, or an offer to sell or solicitation of an offer to buy any securities by, for or through Phenix Capital. If any participant at the Conference enters into a relationship with any other person at or becoming known to them through the Conference, including without limitation, any presenter, and regardless of the nature of the subsequent relationship, including, without limitation, as customer, supplier, lender, adviser, manager, investor, employee or independent contractor, the participant does so at her or his own risk and without any representation, recommendation or other assurance or advice on the part of Phenix Capital. Such participant must do his/her own due diligence as Phenix Capital and its employees, directors, officers, owners, agents, representatives, licensors and licensee are in no way responsible for any cost, liability, expense damage or loss suffered by you in connection therewith. Our responsibility is limited to providing a comfortable venue for your education at the Conference. Attendance at the Conference is your acknowledgement of the foregoing.

Limitation of Liability

Phenix Capital will not be liable for any loss, injury or damage to any person or property howsoever caused (save for death or personal injury as a result of Phenix Capital’s gross negligence or wilful misconduct).

Volunteers confirm to participate in this conference at own risk and free will and assumes full responsibility for any risk of body injury, death, or property damage arising out of or related to the conference. This conference is an educational event and Volunteer agrees to not disclose or share any content or information shared during the volunteering at the event.

Third Party Sites and Services

We collaborate with third parties in connection with the Conference, including to process your data. Phenix Capital has no control over such third parties or their employees, service providers, websites and other resources, you acknowledge and agree that Phenix Capital is not responsible for such third parties or their employees, service providers, websites or other resources or the availability actions, omissions or errors thereof, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third parties, websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Phenix Capital.

Conference Disclaimer of Warranties and Limitation of Liability

We do not warrant or guarantee in respect of the Conference, the content or any information or material related thereto will be accurate or error-free.

Neither Phenix Capital nor its nor its employees, directors, officers, owners, agents, representatives, licensors and licensee shall be liable for any direct, indirect, special, incidental, or consequential costs, expenses, liabilities damages or losses arising directly or indirectly from the Conference or any aspect related thereto or in connection with these Terms and Conditions.

PHENIX CAPITAL EXPRESSLY MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE CONFERENCE, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR USE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR NON-INFRINGEMENT AND SPECIFICALLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATION, GUARANTEES AND WARRANTIES ARISING OUT OF COURSE OF DEALING, PERFORMANCE OF SERVICES OR OTHERWISE. THE CONFERENCE AND ANY CONTENT, INFORMATION OR MATERIAL RELATED THERETO ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS” BASIS.

Amendment

From time to time and without prior notice, Phenix Capital reserves the rights to amend or revise the whole or any part of these Terms and Conditions.

Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Phenix Capital and all of its employees, directors, officers, owners, agents, representatives, licensors and licensees against any and all losses, claims, suits, action or proceedings, liabilities and costs, including and without limitation, reasonable attorneys’ fees, in connection with any claim arising from or related to your breach of these Terms and Conditions, any content, information or material provided by you (including any claim that it infringes any intellectual property rights of any third party or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party) or any misrepresentation or breach of representation or warranty made by you. You shall cooperate as fully as reasonably required in the defence of any such claim.

Legal Fees

If any claim, legal action (suit), arbitration or other proceeding is brought by Phenix Capital for the enforcement of these Terms and Conditions or in respect of a breach thereof by you, Phenix Capital shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that claim, action, arbitration or proceeding, in addition to any other relief to which it may be entitled, in the event it is the successful or prevailing party.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. They may however be assigned or transferred by us without any restriction.

Governing Law

All disputes or controversies arising out of or relating to these Terms and Conditions and your registration for, access to and attendance at the Conference shall be governed by, and construed in accordance with, the laws of the Netherlands without regard to conflict of laws provisions that would require the laws of another jurisdiction to apply.

Severability

If one or more of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by any reviewing court of competent jurisdiction, such illegal, invalid or unenforceable terms shall be severed and deleted from these Terms and Conditions, only within the jurisdiction of such reviewing court, and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable to the maximum extent permitted by law.

No Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver thereof or any other provision, and any failure of Phenix Capital to assert a right or remedy shall not constitute a waiver of such right or remedy.

Assistance

For questions about registration or assistance with any registration problems, please contact us at info@phenixcapital.nl

Complaints

Complaints can be made to info@phenixcapital.nl. We will endeavour to resolve any customer complaints where reasonable.

Contact Information:

If you have questions or comments please send them to us at:

Phenix Capital

Barbara Strozzilaan 101,

1083 HN Amsterdam

or, email to

info@phenixcapital.nl