Terms & conditionS

Last updated April 25th, 2018

PLEASE READ CAREFULLY THE FOLLOWING TERMS (THE “TERMS AND CONDITIONS”) BEFORE USING THIS WEBSITE. BY USING OR ACCESSING www.phenixcapital.nl (THE “SITE”), OR INFORMATION 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 and all pages within the aforementioned Site are owned and/or operated by Phenix Capital Holding B.V. (for the purpose of this agreement, 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 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 this agreement, “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, 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 DISCLAIMS, 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 WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, 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 an 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, its subsidiaries & affiliates or 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, 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.

Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless, Phenix Capital and all of the Phenix Capital’s employees, directors, officers, owners, agents, suppliers, affiliates, subsidiaries, 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 someone using your computer’s use of the Site, any links on the Site, or any content provided by you, any misrepresentation or breach of representation or warranty made by you contained herein or any breach of any covenant or agreement to be performed by you hereunder, a violation of the Terms and Conditions by you or anyone using your computer, 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, 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 and are protected by applicable copyrights, trademarks, service marks, patents, database right and other intellectual property rights. All such rights are reserved.

Your use of this Site, including the downloading of any parts of this Site or the information shall not transfer any title to any software or information from this Site to you. You are only permitted to use this Site 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, and 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, 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 (digital downloads, images, texts, graphics, 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 or its subsidiaries and affiliates 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 such affiliates and third parties that may own such trademarks, consents of which shall be in the sole and absolute discretion of Phenix Capital.

Legal Fees

If any claim, legal action (suit or proceedings) or any arbitration or any 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 any of the provisions of these Terms and Conditions, Phenix capital the shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that claim, action 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  

This Agreement, 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 these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition 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

Unless otherwise required by law, we may terminate in parts or in full, this Agreement. 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, if in our sole discretion, we determine that you are in violation of or may have violated any of the Terms and Conditions of this Agreement. 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 Website.

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.

CONFERENCES

Phenix Capital hosts and organizes many events or conferences or summits such as Impact Summit Europe, Impact Summit America, Impact Fair and also Listed Equity Events or any other events (together referred to as “Conference”). The terms provided below are applicable to such Conference(s) hosted or organized by us.

Registration & Selection

You will not be admitted to the Conference without prior registration. Our conferences are invitation-only events and the registration is strictly for the use of the named registrants. The registration can only be transferred through a written notification to us, and a confirmation of the change 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 respective 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 organization 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 Party - There will be limited number of tickets for third parties. More details will be informed via the Conference link/webpage nearing the respective conferences.

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 in partnership with or hosted or organised by Phenix Capital. You may opt out 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 our 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 unauthorized 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, unauthorized or fraudulent manner.

Refund and Cancellations

The Registrants are required to adhere to the below policy applicable to the registrations for the Conferences hosted, organized or in partnership with Phenix Capital. The ticket once sold is non-refundable. We hold no responsibility if any ticket is lost or stolen.

The 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 not be accepted and entertained. The responsibility to make sure that the notifications for cancellations have been received and acknowledged lies with the Registrant. The cancellations received before two weeks of the Conference will be eligible for a refund of the full fees less an administration fee.

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

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 weeks to the Conference. Any such requests to substitute the ticket booking should 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.

Cancellation on Non-payment: 

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.

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

Termination: Event Cancellation, postponement & substitution

Phenix Capital has the sole right to cancel, postpone, substitute or alter any Conference at anytime 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 this is caused due to an Act of God or any unforeseen and indispensable circumstance or event inclusive of but not limited to – situation of emergency, war, fire, extreme weather, earthquake or any other fortuitous event.

Payment processing

We use our third party for payment processing online which is Payment Card Industry (PCI) Level 1­compliant. Online credit card processing collects and stores the payments online—it’s fast and secure. We accept all major credit cards. Each transaction is protected by multiple layers of security. All of your data remains private, and payments are 100% safe from hackers.

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 & right to use

All intellectual property rights in all the materials provided in the Conferences hosted or organized by Phenix capital and contained in the Site, trademarks, graphics, pictures, articles, all data collected for the Conferences, the content, all materials distributed at or in connection with 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, videotape, record and/or photograph the attendees and the sessions at the ISE to be potentially used in promotional activities, future marketing, collateral material and all rights not expressly granted in and to the Site and the content on the Site.

Disclaimer: The presentations given by fund managers at the Conference do not constitute an offering of securities or financial marketing or any kind of financial advice. Such an offer may only be made in compliance with disclosure and delivery requirements under applicable, financial, marketing and/or securities laws and will be limited to prescribed categories of investors. If any attendee at the Conference enters into a relationship with anyone met at the Conference, including without limitation, any presenter, and regardless of the nature of the subsequent relationship, including, without limitation, as customer, supplier, lender, investor, employee, independent contractor, the attendee does so at her or his own risk and must do their own due diligence as Phenix Capital and their employees, affiliates, and agents are in no way responsible for any loss suffered by you if the relationship does not work out. Our responsibility is limited to providing a comfortable venue for your education at the Conference. Attendance at this 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 negligence or for any other type of liability that cannot by law be excluded or limited).

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

Third Party Sites and Services

We collaborate with third parties for our services to be provided to you and also process your data for the same through links to their websites. Phenix Capital has no control over such websites and resources, you acknowledge and agree that Phenix Capital is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Phenix Capital as partners or third party service providers.

Prohibited Conduct or use

The unauthorised use of photographic and recording equipment at events and conferences is prohibited. We reserve the right to cancel your ticket or refuse admission to the Conference at any times on a reasonable belief for any unacceptable behaviour or breach of the Terms and Conditions.

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 cancel the ticket and take legal action as deemed appropriate.

Conference Disclaimer

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.

Except as required by law, neither Phenix Capital nor its subsidiaries or affiliates shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement

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