Global Future Capital only provides you digital content to the exclusion of the right of withdrawal. By entering into this Supplementary Agreement, you expressly agree that you will lose any right of withdrawal attached to this.
Article 1 Definitions
- The following definitions apply in these general terms and conditions: Global Future Capital: the company Global Future Capital v.of., registered at the Chamber of Commerce under number 73043362. Customer: the person or legal person who has entered into an agreement with Global Future Capital. Account: the continuing performance contract in which the Customer receives free access to the Global Future Capital portal by means of a user name and password and within which digital content is offered on, at least in relation to, financial values, against payment of one-off or periodic fees. Supplementary agreement: the agreement between Global Future Capital and the Client whereby Global Future Capital makes specific digital content available to the Client on behalf of the Client, against payment by the Client of an agreed one-off or periodic fee. Right of withdrawal: The right that allows European consumers to still terminate this agreement within 14 days after the effective date of a distance contract they have entered into. Advice: Generic advice, analysis, alerts, offers etc. provided by Global Future Capital. Third party: an external party acting in the exercise of his profession or business, who, in the context of the performance of an agreement, provides services for the Customer that are not part of the normal business operations of Global Future within the framework of the execution of an agreement. Capital belong.
- Words defined in this article will be indicated with a capital letter.
Article 2 Applicability
- These general terms and conditions apply to all offers made by Global Future Capital and all agreements entered into by Global Future Capital with a Customer.
- These general terms and conditions also apply to services resulting from the agreement such as Additional agreements and follow-up agreements.
- Deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing.
Article 3 Realization / transfer of agreement / Right of withdrawal
- Global Future Capital makes an offer in writing or electronically. An agreement is formed by the acceptance of such an offer by the Customer and by acceptance thereof by Global Future Capital. Acceptance is form-free and may be evidenced by the fact that Global Future Capital has started implementing the agreement.
- The Client is not entitled to transfer his Account, a Supplementary Agreement or the rights and obligations arising from an agreement with Global Future Capital to a third party without written permission from Global Future Capital. Conditions may be attached to the permission.
- With regard to the Right of Withdrawal, Global Future Capital is invoking a legal exception for suppliers of digital content. Therefore, the Right of Revocation does not apply to the agreements that the Customer concludes with Global Future Capital regarding the provision of digital content. Customers who register in a European country will be informed of the loss of their possible Right of Withdrawal before entering into an agreement and agree to this by entering into an agreement.
Article 4 Duration of the agreement
- In the event of a continuing performance contract, this will be entered into for the period as agreed between the parties.
- If no period has been agreed with regard to a continuing performance contract, then the agreement is entered into for an indefinite period of time until the moment that it is terminated. In such a case, cancellation must be made in writing with due observance of a cancellation period of 1 month.
- Global Future Capital may terminate an agreement with the Customer in writing with immediate effect if the Customer is in breach of its obligations under the agreement, an application for bankruptcy or debt rescheduling of the Customer has been submitted or if the Customer is under reign.
Article 5 General obligations of Global Future Capital
- Global Future Capital implements its commitments to Customers to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Global Future Capital is not supervised by the AFM. Global Future Capital is not supervised by the Dutch Bank.
- Global Future Capital determines the way in which an agreement is executed. It may use third parties in the performance of the agreement. Global Future Capital will exercise due care when engaging a Third Party. Global Future Capital, however, is not liable for the errors or shortcomings of a third party involved. The Client is (also) bound by a possible limitation of liability or other conditions on the part of that Third Party and Global Future Capital is authorized to accept such limitations and / or conditions without prior consultation with the Client. Claims against that Third Party will be transferred to him at the request of the Customer.
- Delivery times stated by Global Future Capital always have an indicative purpose, unless it is explicitly stated in writing that it is a deadline. Global Future Capital is, also with an agreed deadline, only in default after the Customer has given him written notice of default. Exceeding agreed delivery times due to whatever cause does not give rise to compensation, unless agreed otherwise in writing.
Article 6 The Account
- Global Future Capital offers the Customer the possibility to create an Account with her. This Account is protected with a username and password to be chosen by the Customer. By creating an Account, the Client agrees to the applicability of these general terms and conditions to the thus entered into agreement between the Client and Global Future Capital, as well as to all agreements arising therefrom, at least through the Account entered into Additional agreements with Global Future Capital.
- Any action that takes place through the Account is deemed to be under the responsibility and risk of the Customer. Global Future Capital can therefore not be held liable for this. In the event of suspected abuse of an Account, the Client must report this to Global Future Capital as soon as possible so that he can take measures.
- The Client will refrain from hindering other Customers or internet users or causing damage to the servers. The Client is forbidden to start processes or programs, whether or not via the server, which the Client knows or can reasonably suspect that this hinders or damages Global Future Capital, other Customers or internet users.
- Global Future Capital will endeavor to achieve uninterrupted availability of its systems and networks, at least the systems and networks that it uses, and to achieve access to data stored within the Account, but offers no guarantees in this regard unless explicitly provided otherwise. agreed in the agreement.
- If, in the opinion of Global Future Capital, a danger arises for the functioning of the computer systems or the network of Global Future Capital or third parties and / or the service provided via a network, in particular due to excessive sending of data, poorly secured systems or activities of viruses, Trojans and similar software, Global Future Capital is entitled to take all measures that it deems reasonably necessary to avert or prevent this danger.
- Global Future Capital has the right to temporarily put systems, including the Account, or parts thereof out of use, or have them used for maintenance, adjustment or improvement thereof. Global Future Capital will try to have such a decommissioning take place as far as possible outside office hours and will endeavor to inform the Client in good time of the planned decommissioning. Global Future Capital is never liable for compensation for damage in connection with such decommissioning. Global Future Capital has the right to adjust systems, including the Account, or parts thereof from time to time to improve functionality and to correct errors. If an adjustment leads to a significant change in functionality, Global Future Capital will endeavor to inform the Client thereof. In the case of adjustments that are relevant for several Clients, it is not possible to waive a particular modification only for the Client. Global Future Capital is not obliged to pay any compensation for damage caused by such an adjustment.
- Global Future Capital will endeavor to inform the Customer of the nature and expected duration of the interruption in the event of the unavailability of products or services, due to maintenance faults or other causes. In the event of force majeure, which in any case means disruptions or failures of the internet, the telecommunications infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, internal disturbances, mobilization, war, blockage in transport, strike, exclusion , business disruptions, stagnation in supply, fire, flood, import and export barriers and in the event that Global Future Capital, regardless of the reason, is not enabled by Third Parties to deliver, as a result of which compliance with the agreement cannot reasonably be expected of Global Future Capital can be required, the execution of the agreement will be suspended, or the agreement will be terminated if the force majeure situation has lasted longer than thirty days, all without any obligation to pay compensation.
- The Client agrees to be informed by Global Future Capital about services and products that may be of interest to the Client, inter alia by means of a newsletter, via direct marketing and / or advertisements. The Customer can terminate his aforementioned permission at any time in writing and free of charge.
Article 7 Digital content
- Digital content made available to the Customer by Global Future Capital is for information purposes only and should never be construed as an invitation or offer to buy or sell financial assets.
- Although Advice and other digital content made available in connection with the Account are compiled with the greatest possible care and in the opinion of Global Future Capital a correct representation of the state of affairs at the time of publication, Global Future Capital can cannot guarantee that this information is and / or remains accurate and complete. Although the aim is to reasonably update the recorded information and opinions, Global Future Capital cannot guarantee this. Moreover, opinions, forecasts, assumptions, estimates, derived valuations and price target (s) apply as per the stated date and are subject to change at any time without prior notice.
- Advices and other digital content provided by Global Future Capital are generic, without obligation and informative, without taking into account the specific investment objectives, the personal financial situation and personal needs of the Client, unless explicitly determined otherwise in writing between the parties. The Client may therefore not consider an Advice as personal advice. The nature of the generic and informal form of Advice means that Global Future Capital cannot accept any liability with regard to this part for the consequences thereof.
- Global Future Capital cannot be held responsible for non-forecasts or price expectations. The price formation of financial values is partly determined by a high level of subjectivity and uncertain factors. Nevertheless, all the knowledge and skills that Global Future Capital has at its disposal are always used to deliver profitable and high-quality Advice and other digital content.
Article 8 Rates
- The agreement is governed by the rates, provisions and conditions of Global Future Capital. Only deviations recorded in writing are binding. The rates may consist of both one-off fees and periodic fees. You can find information about the rates owed and the amount thereof on the Global Future Capital website.
- The one-off and periodic fees that the Customer must pay are determined prior to or at the conclusion of the (Additional) agreement of which these general terms and conditions form a part.
- All prices and amounts stated by Global Future Capital include VAT, unless explicitly stated otherwise.
Article 9 Invoicing / payment
- Payments due must be paid in advance, without any discount or set-off, unless explicitly determined otherwise in writing between the parties.
- Unless a different method of invoicing has been agreed, Global Future Capital will charge the amounts due to the Customer by means of a digital invoice (possibly periodically).
- If the Customer does not meet his payment obligations, the Customer is legally in default. Global Future Capital will remind the Client of his payment obligation before collection costs are charged. If the Client does not comply with this, all legal and extrajudicial costs incurred by Global Future Capital in connection with the failure will be borne by the Client without further notice of default.
Article 10 Suspension
- Global Future Capital is entitled to temporarily suspend its obligations under the agreement if the Customer does not (properly) comply with one or more obligations under this agreement and this failure justifies suspension, despite any adverse consequences for the Customer. Global Future Capital is in that case not liable for damage that arises as a result of this suspension of its obligations.
- Global Future Capital is in any case entitled to suspend the Account (temporarily) due to late payment, after it has notified the Client in writing, at least electronically, or reminded it with a further period and the Client has not paid within this period. . Any obligation of the Customer to pay periodic fees remains during the time of decommissioning. Global Future Capital will reactivate the Account if the Client still complies within a period set by Global Future Capital. Re-activation costs may be charged for this commissioning.
Article 11 Intellectual Property
- The execution of a (supplementary) agreement by Global Future Capital does not include the transfer of intellectual property rights that rest with Global Future Capital or Third Parties. All intellectual property rights that arise during, or arise from, the execution of an agreement belong to Global Future Capital, unless explicitly agreed otherwise in writing.
- The Customer is expressly prohibited from reproducing, disclosing or exploiting products in which intellectual property rights of Global Future Capital or products on which intellectual property rights rest with regard to the use of which Global Future Capital has acquired user rights.
- Global Future Capital is permitted to take technical measures to protect Intellectual Property Rights. The Client is not permitted to remove or circumvent such security.
- Any use and multiplication or disclosure of a product or work that falls outside the scope of the relevant agreement is considered a violation of the intellectual property right. The Client will pay Global Future Capital an immediately claimable and not subject to judicial moderation of 5000 euros per infringing act and € 100 per day that this continues, without prejudice to Global Future Capital’s right to damage its damage caused by the infringement to be compensated or to take other legal measures to bring the infringement to an end.
Article 12 Information
- The Client guarantees the accuracy, completeness and reliability of data provided by the Client to Global Future Capital. The Client must inform Global Future Capital of any change to the information provided.
- The Client indemnifies Global Future Capital for damage that is the result of incorrect or incomplete data.
- The customer authorizes Global Future Capital to use data from the Customer for benchmarking, reporting and statistical purposes, insofar as the identity of the Customer cannot be directly or indirectly derived from the data used. The Customer can terminate his aforementioned permission at any time in writing and free of charge.
Article 13 Liability and indemnification
- Global Future Capital is not liable for damage to the Client that arises because the Client has provided Global Future Capital with incorrect or incomplete information.
- Advices and other digital content made available by Global Future Capital are of a generic nature and therefore do not take into account the specific investment objectives, the personal financial situation and the risk profile of the Customer. Global Future Capital therefore accepts no liability whatsoever for any consequences, such as damage or loss of profit, in whatever way or basis arising as a result of the use (or, conversely, the impossibility of using it), reliance on or actions taken as a result of of advice or other digital content made available by it. In addition, Global Future Capital does not accept any liability for damage that is the result of the inaccuracy and / or incompleteness of its advice and / or other digital content.
- Global Future Capital is not liable for any consequential, commercial or indirect damage that is the result of the non-performance, late performance or improper performance of Global Future Capital.
- Any liability of Global Future Capital for (legal) acts and shortcomings of any nature whatsoever of Third Parties engaged by Global Future Capital is excluded.
- Global Future Capital is only liable vis-à-vis the Client for damage that is the direct result of an attributable shortcoming in the performance of the agreement. This liability is limited to the amount that, according to Global Future Capital’s liability insurer, is paid for the case in question, plus any deductible to be borne by Global Future Capital under the insurance.
- If, for whatever reason, the liability insurer does not pay out, the liability of Global Future Capital is limited to the amount of the fee charged for the performance of the agreement. If the agreement relates to a continuing performance contract, the aforementioned amount is set at twice the periodic rate charged to the Customer in the month prior to the occurrence of the damage. Under no circumstances will the total compensation for the damage on the basis of this paragraph amount to more than € 1,000 for each attributable shortcoming. A coherent series of attributable shortcomings counts as one attributable shortcoming.
- The limitations of liability included in this article do not apply if and insofar as there is intent or deliberate recklessness on the part of Global Future Capital or its management.
- The Client indemnifies Global Future Capital against claims from third parties for damage caused by the Client’s failure to fulfill its obligations towards Global Future Capital.
Article 14 Amendment of conditions
These conditions can be changed by Global Future Capital. Global Future Capital will inform the Customer in writing of any changes. In that case, the Client has the right to terminate the agreement in writing.
Article 15 Applicable law and choice of forum
- All offers made by Global Future Capital to the Client and any agreement concluded between Global Future Capital and the Client are governed by Dutch law. These terms and conditions do not limit the mandatory consumer protection law that the Customer may be entitled to under the applicable legislation in his country.
- All disputes will in the first instance be settled by the competent court in the district of Oost-Brabant, on the understanding that Global Future Capital is entitled to submit the dispute to a judge who is competent to know the dispute without the above stipulation take.