GENERAL TERMS AND CONDITIONS OF WORLD IN CHANGE LIMITED
Status 05.06.2022
GENERAL TERMS AND CONDITIONS
1. SCOPE
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply between WORLD IN CHANGE LIMITED and the clients of WORLD IN CHANGE LIMITED – subscribers to the Capital Manager and Capital Manager Premium stock exchange letter, participants in webinars and the newsletter in Capital Manager and Capital Manager Premium. The GTC shall govern the rights and obligations of WORLD IN CHANGE LIMITED and its clients in connection with all services provided by WORLD IN CHANGE LIMITED.
1.2. These GTC shall also apply in the event of conflicting terms and conditions of the customer. The validity thereof shall require the express written confirmation of WORLD IN CHANGE LIMITED.
1.3. WORLD IN CHANGE LIMITED may change or amend these Terms and Conditions at any time. Approval by customers is not required for this. If the customer does not agree with the GTC, he is entitled to terminate his subscription at the end of the next month. The latest version is published on the Internet at https://capital- manager.com.
1.4. In case of invalidity or incompleteness of a clause of the contract or these GTC, all other provisions or the contract as a whole shall remain effective. In place of the invalid or incomplete clause, the statutory provisions or what the contracting parties agreed upon shall apply.
2. CONTENT OF THE CONTRACT
2.1. Under the title Börsenbrief (CAPITAL-MANAGER-Premium), analyses of various financial investments are published every month (usually first Sunday). In the case of important events which have an influence on the financial markets and in particular on the financial investments presented in the stock exchange letter (CAPITAL MANAGER Premium), additional messages (so-called email alerts) can be sent. Clients are not entitled to receive such notifications from WORLD IN CHANGE LIMITED.
2.2. In addition, WORLD IN CHANGE LIMITED can offer its clients conference calls, webinars and consultations. By participating in a conference call or webinar/event organized by WORLD IN CHANGE LIMITED, clients accept the full applicability of these GTC (including, in particular, Section 2.3 et seq. below) also with respect to the information, opinions and content provided by WORLD IN CHANGE LIMITED at such events.
2.3. The stock exchange letter (CAPITAL-MANAGER-Premium) of WORLD IN CHANGE LIMITED is an independent information service. WORLD IN CHANGE LIMITED provides its clients with the
information available both on the homepage and by e-mail. The market letter is sent to subscribers personally by email. There is no entitlement to specific content or a specific scope of the information transmitted.
2.4. All information provided by WORLD IN CHANGE LIMITED is based on sources that WORLD IN CHANGE LIMITED and its authors believe to be trustworthy and reputable. All investment ideas (in the market letter (CAPITAL-MANAGER- Premium), in updates or in any other form) merely reflect the personal opinion of the respective editor of WORLD IN CHANGE LIMITED and do not constitute recommendations. Any information provided to the customer, such as reports, analyses, forecasts and valuations, are not solicitations to buy or sell securities. They also do not represent any assurance with regard to the further price development of securities or other investment instruments.
WORLD IN CHANGE LIMITED bases its investment ideas only on sources that it considers reliable at the time of writing (CAPITAL-MANAGER-Premium). However, WORLD IN CHANGE LIMITED shall not be liable for the timeliness, accuracy, adequacy or completeness of the information provided by it.
Information.
In particular, the stock market letter (CAPITAL-MANAGER-Premium) is a general information product and not tailored to the individual needs of the individual customer. This shall also apply to any supplementary correspondence between WORLD IN CHANGE LIMITED and clients in connection with the subscription of the Market Letter or any other information provided by WORLD IN CHANGE LIMITED.
In particular, the information provided by WORLD IN CHANGE LIMITED is not a substitute for the client’s own research and decision-making. Any decision to transact or not to transact a transaction is made solely by the customer on his own responsibility. WORLD IN CHANGE LIMITED recommends that its clients consult their own tax, legal or investment advisors, as appropriate.
2.5. The information provided by WORLD IN CHANGE LIMITED is for the personal information of the respective client only. The content of the stock exchange letter (CAPITAL-MANAGER-Premium) or any other information provided by WORLD IN CHANGE LIMITED is not intended for publication or distribution to third parties (see Section 6.2 below). WORLD IN CHANGE LIMITED prohibits the transfer and publication to and by third parties.
3. CONCLUSION, TERM AND TERMINATION OF THE CONTRACT
3.1. The market letter can be purchased for a period of one quarter or as an annual subscription. The contract with WORLD IN CHANGE LIMITED shall be concluded as soon as the price valid at the time of the order transaction has been paid by the Client and the corresponding payment has been received by WORLD IN CHANGE LIMITED and/or the commissioned payment provider.
3.2. WORLD IN CHANGE LIMITED may refuse to enter into a contract with a client without giving reasons. There is no entitlement to the conclusion of a contract.
3.3. The contractual relationship between WORLD IN CHANGE LIMITED and the Client shall be renewed for one year (annual subscription), one quarter (quarterly subscription) at a time, unless the Client terminates the contractual relationship no later than one month (annual or quarterly subscription) prior to the end of the contract. Termination by e-mail (redaktion@capital-manager.com) is permissible, whereby the burden of proof of receipt of the e-mail by the recipient of the termination is on the terminating party.
3.4. The contracting parties shall also have the right to terminate the contractual relationship extraordinarily for good cause. For WORLD IN CHANGE LIMITED, good cause shall be deemed to exist in particular if
a.) The customer is in default of payment of the fee,
b. the customer violates any of its obligations, and/or
c. the continuation of the contractual relationship becomes unreasonable for WORLD IN CHANGE LIMITED for any other reason for which the client is responsible.
In the event of extraordinary termination by WORLD IN CHANGE LIMITED, the subscription fee shall not be refunded to the client, not even on a pro rata basis. WORLD IN CHANGE LIMITED further reserves the right to claim any damages from the client.
3.5. Upon termination of the contractual relationship, the customer loses all rights of use. Any further use of the information provided by WORLD IN CHANGE LIMITED or copies thereof is prohibited and must therefore be discontinued immediately.
3.6. Conference calls, events or webinars conducted by WORLD IN CHANGE LIMITED require separate registration by the client. There is no right to participate. The customer is responsible for the technical requirements on his end device.
4. PRICES, SHIPPING COSTS AND TERMS OF PAYMENT
4.1. The prices published on the WORLD IN CHANGE LIMITED website at the time the order is placed shall apply. The published prices include, insofar as such is owed at all, the applicable statutory value added tax.
4.2. WORLD IN CHANGE LIMITED reserves the right to change prices. However, existing subscriptions are not affected by these changes for their remaining contract term. Price changes will only take effect in each case when the subscription is renewed.
5. PERFORMANCE DEFAULTS AND LIABILITY
5.1. In the event that WORLD IN CHANGE LIMITED’s services cannot be made available to clients, or can only be made available to clients to a limited extent, due to force majeure or other circumstances for which WORLD IN CHANGE LIMITED is not responsible, or due to technical disruption of Internet-based e-mail communication, WORLD IN CHANGE LIMITED shall not be liable for the loss of information or any resulting damage. Technical or server-specific problems are beyond the control of WORLD IN CHANGE LIMITED. WORLD IN CHANGE LIMITED will, however, in the interest of its clients, try to urge the operating company of the respective web server to find a quick solution and to upgrade the Capital-manager as soon as possible.
5.2. All information and/or virtual content provided by WORLD IN CHANGE LIMITED is provided without warranty. In particular, no liability can be assumed for the accuracy, completeness and timeliness of the information and / or virtual content.
5.3. The service provided by WORLD IN CHANGE LIMITED shall not consist in advising the Client, but shall be limited exclusively to the provision of information in accordance with the scope described in Section 2 of these GTC. WORLD IN CHANGE LIMITED shall not be liable for any damages incurred by the client as a result of (investment) decisions made on its own responsibility.
WORLD IN CHANGE LIMITED’s liability to clients shall be limited to grossly negligent and intentional conduct and/or breach of cardinal obligations. Liability is then limited to compensation for the capital invested by the client on the basis of the WORLD IN CHANGE LIMITED recommendation. In case of several tranches of the same investment, only the sum of the first investment counts. The customer has the right to prove a higher damage.
5.4. Links, hyperlinks or web addresses leading from WORLD IN CHANGE LIMITED’s website to one or more other websites independent of WORLD IN CHANGE LIMITED are provided solely for the Client’s information.
In particular, WORLD IN CHANGE LIMITED makes no representations whatsoever about any independent website and disclaims any liability in connection with such website. Links or references to such websites do not imply that WORLD IN CHANGE LIMITED endorses or recommends the content or use of such websites. WORLD IN CHANGE LIMITED shall not be liable for any contents linked or referred to from its pages – unless it has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages.
6. CUSTOMER’S RIGHT OF USE / COPYRIGHT
6.1. Client is granted a private right of use for the information provided by WORLD IN CHANGE LIMITED. This right of use is against payment and limited to the subscription period. The information provided by WORLD IN CHANGE LIMITED may be used by Client for private purposes only.
6.2. All contents of the stock exchange letter as well as of the information provided on the website or on the occasion of an event (in particular conference calls and webinars)
Information is the sole intellectual property of WORLD IN CHANGE LIMITED or the authors working for WORLD IN CHANGE LIMITED and is therefore protected by copyright. The information provided by WORLD IN CHANGE LIMITED may not be reproduced, disclosed, edited or transmitted, in whole or in part, without authorization. The customer is also not authorized to grant third parties exploitation rights to the virtual content or its parts. This is subject to the prior written consent of WORLD IN CHANGE LIMITED. In any case, copyright notices of WORLD IN CHANGE LIMITED may not be altered or
be removed.
6.3. At WORLD IN CHANGE LIMITED events, video recordings and images are made and used for marketing purposes. Customers are informed about records through signage / notices.
6.4. Recordings of lectures or entire events may be made available for a fee or free of charge by WORLD IN CHANGE LIMITED. In principle, there is no claim for the customer to be provided with video or audio recordings or to receive copies.
7. DATA AND PRIVACY PROTECTION
7.1. The customer is obliged to provide all information necessary for a subscription / ticket purchase truthfully and completely. WORLD IN CHANGE LIMITED must be notified of any changes in text form (letter, fax or e-mail) without undue delay, as otherwise the transmission of the stock exchange letter or the course of an event / consultation
/webinar etc. cannot be ensured.
7.2. The customer is obligated to keep all passwords and data received strictly secret and to protect them from misuse, loss and access by unauthorized third parties. The customer is responsible for a sufficiently secure password. If the customer violates these obligations, he is exclusively liable for it. WORLD IN CHANGE LIMITED shall be exempt from any liability in this regard.
7.3. Unless otherwise agreed, the customer is obliged to back up the received data himself. In the event of data loss, WORLD IN CHANGE LIMITED may, but is not obligated to, restore the lost data to Client.
7.4. With regard to data protection, the statutory provisions, in particular the Swiss Data Protection Act, shall apply. In all other respects, the privacy policy of WORLD IN CHANGE LIMITED shall apply.
8. WORLD IN CHANGE LIMITED does not participate in the European Online Dispute Resolution.