TERMS & CONDITIONS

Last updated 13 August, 2018

PLEASE READ CAREFULLY THE FOLLOWING TERMS  (“TERMS AND CONDITIONS”) BEFORE USING THIS WEBSITE. BY USING OR ACCESSING www.phenixcapital.nl (“SITE”), OR INFORMATION ON THE SITE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

The following Terms and Conditions govern www.phenixcapital.nl.  All pages within the aforementioned Site are owned by Phenix Capital Holding B.V. (for the purpose of these Terms and Conditions, together with its subsidiaries and affiliates, referred as “Phenix Capital”) inclusive of but not limited to the content, videos, audios, graphics, images and services provided therein (except to the extent that Phenix Capital is licensed or otherwise permitted to use any content from third parties) and shall not be used for any commercial purpose whatsoever.

Who are we?

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” used in this Site, refer to Phenix Capital whereas “you”, “your” or “user” refers to an individual user of our Site.

We advise and assist institutional investors with designing their impact and sustainable development investing strategies, sourcing scalable impact investment opportunities through our database, and measuring and reporting their impact and contribution to the Sustainable Development Goals (SDGs). We also connect impact fund managers with institutional investors committed to aligning their investment policy with the SDGs. We provide an all-round perspective on impact investing for institutional investors and fund managers. Know more about us on www.phenixcapital.nl.

Privacy Policy

Before you continue using this Site, please read our Privacy Policy carefully, regarding our user data collection. It will help you better understand our practices.

Disclaimer of Warranties

PHENIX CAPITAL AND ITS THIRD PARTIES EXPRESSLY MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE TIMELINESS, CONTINUED AVAILABILITY OR NON-INFRINGEMENT AND SPECIFICALLY DISCLAIM, TO THE EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATION, GUARANTEES AND WARRANTIES ARISING OUT OF THE COURSE OF DEALING, PERFORMANCE OF SERVICES OR OTHERWISE. THIS SITE AND ANY CONTENT CONTAINED ON THIS SITE ARE ALL MADE AVAILABLE TO YOU BY PHENIX CAPITAL ON AN “AS IS” BASIS. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. THE USE OF THIS SITE IT SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT YOU HAVE SELECTED ON THIS SITE IS THE RESULT OF YOUR DECISION AND THAT YOU MAY ONLY CURATE SUCH CONTENT IF YOU ARE FULLY AUTHORIZED TO DO SO. PHENIX CAPITAL WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Professional Advice

Any content on this Site does not constitute any kind of legal, tax, regulatory, accounting or investment advice or offer to invest. We strongly recommend users to seek independent investment, legal, tax, regulatory, accounting and financial advice under their applicable jurisdictions concerning any services or investments based upon your individual and unique situation.

Amendment

From time to time and without prior notice, Phenix Capital reserves the rights to amend, revise, erase or, cease publication of the whole or any part of the Terms and Conditions provided herein.

Linking Websites

This Site may contain links to other web sites operated by third parties and are provided for your convenience only. Any such links do not imply Phenix Capital’s endorsement or approval of material on any other web site. Phenix Capital has no control over and is not responsible for the content or resources available on the third-party sites. If you decide to access any of the third party websites linked to this Site, you will do so completely at your own risk and subject to the Terms and Conditions of use applicable for such websites. It is the user’s responsibility to take precautions to ensure that any material selected from such linked sites is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. Phenix Capital is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked web sites, or references to or reliance on information contained therein.

Limitation of Liability

In no event will Phenix Capital or its licensors, service providers, agents, officers, employees or directors be held liable for any loss, injury or damage of any kind to any person or property howsoever caused or arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content of the Site or such websites or any services or items obtained through the Site or such websites, including any direct, indirect, special incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill and, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Phenix Capital’s will not be liable for the grant of any visas required to attend any event or conference. In the event that an attendee’s visa is not granted, the tickets will not be refunded for any event or conference.

The foregoing does not affect any liability, which cannot be excluded or limited under applicable law.

Third Party Sites and Services

We collaborate with third parties in connection with the Site, including to provide services and process your payments and 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.

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, suppliers, 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, your use of the Site or any links on the Site, someone using your computer to use of the Site or any links on the Site, any content provided by you, any misrepresentation or breach of representation or warranty made by you, a claim that any use of the Site by you or someone using your computer infringes any IP Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party, or any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer or your password. You shall cooperate as fully as reasonably required in the defense of any such claim.

IP Rights

This Site and the information contained in this Site inclusive of but not limited to the software and products available for download from the Site and data collected by the Site are owned by Phenix Capital (except to the extent that Phenix Capital is licensed or otherwise permitted to use any content from third parties) and are protected by applicable copyrights, trademarks, service marks, patents, database right and other intellectual property rights (collectively, “IP rights”). All such rights are reserved.

Your use of this Site, including the downloading of any parts of this Site or the information on it shall not transfer any title to any software or information from this Site to you. You are permitted to use this Site and the information on it for personal, non-commercial use only, and you may not otherwise copy, sell, reproduce, distribute or re-publish any information without the express prior written agreement from Phenix Capital.

International copyright laws protect the Site and any content on the Site. You agree to comply with all copyright laws in your use of the Site, and prevent any unauthorized copying of the contents of the Site.

If you print off, copy or download any part of this Site in breach of these Terms and Conditions, your right to use this Site will cease immediately and you must, at the option of Phenix Capital, return or destroy any copies of the materials you have made.

Except as specifically provided in these Terms and Conditions, your use of any of the intellectual property rights, or any other information or content, available or displayed on the Site is strictly prohibited. Phenix Capital will enforce all of its intellectual property rights to the fullest extent of the law.

Copyright

Content published on this Site (including digital downloads, images, texts, graphics, and logos) is the property of Phenix Capital (except to the extent that Phenix Capital is licensed or otherwise permitted to use any content from third parties) and protected by international copyright laws. The entire compilation of the content found on this Site is the exclusive property of Phenix Capital, with copyright authorship for this compilation by Phenix Capital.

Trademarks

The trademarks, inclusive of but not limited to logos, graphics and service marks, displayed on the Site are registered and unregistered trademarks of Phenix Capital and third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks on the Site, without the express prior written consent of Phenix Capital or and third which shall be in the sole and absolute discretion of Phenix Capital.

Legal Fees

If any claim, legal action (suit), arbitration or other proceeding is brought for the enforcement of these Terms and Conditions or because of an alleged dispute, breach, default or misrepresentation in connection with the Site, the information on the Site or any use thereof, or any of the provisions of these Terms and Conditions, 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.

Compliance with Local Laws

This Site is controlled and offered by Phenix Capital from its facilities in Amsterdam. Those who access or use the Site from other jurisdictions do so at their own risk and shall be responsible for compliance with their local laws.

Governing Law

All disputes or controversies arising out of or relating to these Terms and Conditions and your use of the Site 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 provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Termination

Phenix Capital may suspend or cancel your access to the Site if we suspect your access, account or use is being used in an illegal, unauthorized or fraudulent manner.

Unless otherwise required by law, we may terminate in parts or in full, these Terms and Conditions. We may terminate your rights to use and access this Site, with or without cause, with or without notice or we may suspend, restrict or otherwise limit your rights to use and access the Site at any time and effective immediately, in our sole discretion. You agree that we will not be liable to you or to any third party for any such termination and/or limitation of your rights to use and access this Site.

You may terminate by discontinuing use of the Site and destroying all materials obtained from the Site. If you terminate your agreement to these Terms and Conditions, you may no longer use or access the Site and you agree to promptly destroy all materials obtained from the Site and any copies thereof. The termination of your access to the Site, regardless of the terminating party, will not affect your obligations or our rights arising under these Terms and Conditions before such termination.

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