TERMS AND CONDITIONS OF SALE
1. INTRODUCTION AND WARNINGS
1.1 These General Terms and Conditions of Sale apply to all users and visitors to the website https://www.moneysurfers.com/en owned by Moneysurfers Sagl, with registered office at Corso San Gottardo 16, 6830 Chiasso, Switzerland, CHE-133.132.778, and are intended to define the terms of use of the Website and the conditions of purchase and delivery of goods and services in a manner that is binding on the user-purchaser.
1.2 The Website is intended exclusively for users and individuals who purchase the goods and services offered by the Company on the platform from the Website. Purchasers agree to be bound by these General Terms and Conditions of Sale. The purchase of goods and services implies and constitutes in any case the tacit acceptance of these General Terms and Conditions of Sale.
1.3 These General Terms and Conditions of Sale shall apply to all purchases made by Purchasers, without prejudice to any special and specific terms and conditions of sale that may be specified for individual goods and services provided.
1.4 The Buyer may not use the Website from a browser that, by its nature or due to additional applications, blocks advertisements delivered by the Website. To register on the Website and use the goods and services, the Buyer must be at least 18 years of age and have the capacity to validly enter into contracts, otherwise registration cannot be accepted. If the age requirement is not met or false information is provided, the Company is not responsible for the registration and any resulting actions, omissions, or consequences.
1.5 The Company offers goods and services in the field of personal financial information and training, specifically offering, by way of example, training products, coaching sessions, business forums, training experiences, informational and educational meetings, investor matchmaking meetings, books, magazines, online and live courses aimed at helping the Purchaser acquire personal awareness in the field of finance and business, so as to enable them to acquire both theoretical and practical knowledge that will facilitate their autonomy in choosing investment instruments and their ability to make critical judgments about the investment solutions available on the market. The Company does not provide consulting or asset management services, does not raise capital for investment purposes, and does not provide asset management services of any kind. Similarly, the Company does not make any public offerings or advertising activities relating to financial instruments. The financial instruments mentioned in the courses are treated for educational purposes only and as necessary support for the training program reserved for the limited circle of course purchasers, so that any invitation to the public to purchase a given financial instrument, as well as advertising activities, is excluded.
1.6 The Company's training offer is aimed solely and exclusively at users who are already familiar with investment instruments and the functioning of investment dynamics and markets. It does not provide standard or customized investment solutions, but only general advice aimed at avoiding the most common mistakes made by investors.
1.7 The Buyer's awareness program is divided into several levels, and each course is subject to these general terms and conditions and any specific terms and conditions that may be specified for the individual course. Participation in the courses does not require prior attendance at other courses, unless clearly stated on the purchase page.
1.8 The Purchaser declares that they have read these General Terms and Conditions of Sale and all information relating to the goods and services, in particular the courses, received by email and present on the respective purchase pages, which describe the characteristics and details of the same.
1.9 The courses are intended for Purchasers who wish to acquire information about investments and who are willing to accept the associated risks. Some courses are dedicated to speculative investments: therefore, they are not recommended for small savers or those who are not willing to bear losses, but rather for individuals with significant financial resources and/or who are willing to accept a high risk appetite, to the point of even losing the entire amount invested.
1.10 Participation in the courses does not in any way guarantee the user certain prospects of profit, given that each investment must be calibrated according to the characteristics and objectives of each user through personalized financial advice that the Company does not provide; similarly, the examples of success provided in the courses do not in any way constitute a promise of future profits but are simply educational demonstrations.
1.11 Before making any investment, the Purchaser is required to verify the accuracy of the economic information acquired through the courses, given that such information, by its very nature, may be subject to change/obsolescence. The Purchaser may not hold the Company liable in any way for any loss or damage to the money invested or, in any case, any loss of profit that may arise directly or indirectly from the use or interpretation of the information acquired during the courses.1.12 L’Acquirente si assume la piena responsabilità per ogni azione e decisione che intraprenderà, manlevando espressamente la Società e i suoi Coach da pretese aventi ad oggetto eventuali perdite, danni e/o pregiudizi che l’Acquirente potrebbe subire a seguito di proprie operazioni di investimento.
1.13 These terms and conditions apply where no other specific contractual terms and conditions are provided for specific goods, services, and offers.
2. PROPERTY
2.1 The website https://www.moneysurfers.com, the Moneysurfers trademark, and all goods and services provided through the website are the exclusive property of Moneysurfers Sagl, and all rights not granted to Purchasers in these Terms and Conditions of Sale are reserved by the Company, as further specified below in these terms and conditions.
3.1 The Company offers the following goods and services for sale through its Website:
3.2 The offer may be modified at any time at the Company's discretion.
4. ACCOUNT REGISTRATION AND LICENSE AGREEMENT
4.1 Access to and use of the Company's goods and services requires the Purchaser to register on the Website and pay for the goods and services requested, the methods of which may vary depending on the type of offer being accepted.
4.2 Depending on the goods and services purchased, only the Purchaser who is the registered account holder acquires the license to use them. Therefore, the Purchaser is required to keep the access data secure, preventing others from accessing it. The license provides for:
- view courses and use services personally;
- not transfer or make the goods or services available to third parties;
- not store course content locally on your device or in any other way;
- not perform any action that could be considered reverse engineering on the material made available to you by the Company through the Website platform;
- not disclose information learned during the courses, not transmit it to others, and not conduct or have others conduct courses based on said documentation.
- purchase tickets for live events and streaming independently and for personal use only, and not engage in any resale activity.
4.3 Unless otherwise specified, the duration of the license for use is granted for a maximum of 1 (one) year from the date on which the goods and services are made available. For example: video courses will remain available to the Purchaser beyond the annual duration; streaming days will no longer be accessible once the event has ended and concluded. Except as provided for in Article 7.4, if coaching activities are provided, combined with other goods or services or purchased separately, they must be consumed within 1 (one) year of purchase, under penalty of forfeiture of the right and without the possibility of requesting a refund.
4.4 In the event of a breach of Article 4.2, the Purchaser shall be required to pay a penalty of €100,000.00 (one hundred thousand/00).
4.5 Any conduct contrary to good faith on the part of the Purchaser, as well as any breach of the aforementioned obligations and prohibitions, the list of which is to be considered non-exhaustive, cannot in any way be tolerated by the Company as it is likely to compromise its image, honor, and decorum, establishing the exclusive responsibility of the Purchaser and the Company's right to interrupt the provision of the service and, if necessary, to refer the matter to the Authorities, as well as to claim compensation for damages.
4.6 The Purchaser releases the Company from any liability in the event of complaints, legal actions, governmental or administrative actions, losses or damages arising from the use of the goods and services offered in bad faith and/or illegally by the Purchaser itself, third parties connected to it or third parties in general.
4.7 Except in cases of wilful misconduct or gross negligence on the part of the Company, the Purchaser expressly exempts the Company from any liability for direct and indirect damages.
5. LIMITATION OF LIABILITY
5.1 It is the sole responsibility of the Purchaser to ensure interoperability between the connectivity they have equipped themselves with and the platform from which goods and services are provided. In particular, it is the Buyer's responsibility to have the necessary software and hardware resources to be able to use the goods and services purchased, and it is also their responsibility to constantly update their software and hardware resources so as not to interrupt the provision of the goods and services purchased.
5.2 The Company shall not be liable for the malfunctioning of the goods and services provided as a result of breakdowns, maintenance, replacement of equipment, system implementations, overloads, interruptions of telephone lines, electricity or the Internet, or for failures by third parties that affect the use of the Service, including, by way of example:
- i) slowdowns or malfunctions of telephone lines and computers that manage electronic traffic between the Buyer and the Website from which the goods and services are provided;
- ii) difficulties or impossibility of communication, interruption in the supply of electricity, staff strikes, acts or measures of a judicial nature that inhibit the possibility of receiving, sending, and processing electronic flows relating to its digital infrastructure;
- iii) following any fraudulent and/or improper use of credit cards by the Customer;
- iv) in the event of unlawful access to courses by third parties, due to the user's failure to take precautions in safeguarding their login and password, or due to the absence of other security measures that the Purchaser is required to adopt.
5.3 Furthermore, the Company shall not be held liable for any failure to fulfill its obligations arising from causes that could not reasonably have been foreseen, from impediments beyond its direct and immediate control, or from causes of force majeure. Upon the occurrence of any of the aforementioned events of force majeure, the Company shall inform the Purchaser via the Website and by email, together with the prospects for the regular reactivation of goods and services. Such circumstances shall not entitle the Purchaser to claim any refund from the Company.
5.4 The Purchaser undertakes to indemnify the Company against all losses, damages, liabilities, costs, charges, and expenses (including legal fees) that may be incurred as a result of any breach of the obligations assumed by the Purchaser upon acceptance of these General Terms and Conditions of Sale, and in any case connected with the entry of information on the Website; all of which also applies in the event of claims for damages made by third parties for any reason whatsoever.
5.5 It should be noted that the Company does not provide any advice regarding the training needs of Purchasers in relation to courses, events, and lessons. Consequently, any responsibility for ensuring that the educational content corresponds to the Purchaser's needs is entirely the responsibility of the Purchaser.
5.6 The Company shall also not be held liable for Services purchased in error by the Purchaser.
5.7 The Company is not responsible for the accuracy and truthfulness of the data entered by the Purchaser when registering the account and when using the goods and services. The Purchaser is prohibited from entering false or third-party identification data and shall be responsible for safeguarding their login credentials and updating their identification data. If the Buyer becomes aware of any violations, they must immediately notify the Company.
5.8 The Company reserves the unquestionable right to suspend or close the Buyer's account, even without prior notice, for security reasons or in the event of violations or conduct that does not comply with the contract, without the Buyer being entitled to any refund. In the event of account termination, the Buyer's rights relating to the goods and services purchased shall cease immediately.
5.9 The Buyer expressly agrees that any compensation claimed from the Company shall in any case be limited to the refund of the price paid for
6. PURCHASE, PAYMENTS, AND INVOICING
6.1 To purchase goods and services on the Website, the Buyer must select the chosen product and follow the purchase procedure set out on the Website. In particular, the Buyer must:
- Carefully read the information regarding the goods and services and the General and Specific Conditions of Sale available on the information and purchase page;
- complete the electronic order form following the instructions that appear step by step on the Site;
- identify and correct any errors in the information and personal data provided before submitting the order form;
- accept, through a point-and-click process, these General Conditions of Sale and the Company's Privacy Policy.
- proceed with payment for the goods and services for the amounts, within the terms and using the methods indicated in the Site's purchase procedure.
6.2 The contract is considered concluded when the order form reaches the Company's server. Once the order form has been received and registered, the Company will send an order summary to the email address provided by the Buyer. This summary will contain:
- a summary of the General and Specific Terms and Conditions applicable to the Contract;
- the essential information regarding the purchased good or service;
- a detailed indication of the actual price, the payment method used, and any additional costs;
- customer service contact information to which the User can refer for assistance and/or complaints.
- make the purchased goods and services accessible in the Buyer's Reserved Area; and/or
- ship the purchased good to the Buyer; and/or
- communicate the entrance tickets for Events, courses, and Live lessons; and/or
- connect the Buyer with the coach to schedule coaching sessions.
6.5 In the absence of any other specific indication of the payment term, the payment deadline is:
- Immediately upon completion of the purchase process referred to in Article 6.1 et seq. for those paying by credit card;
- Within 3 (three) days of completion of the purchase process referred to in Article 6.1 et seq. for those paying by bank transfer;
- Every 30 days from completion of the purchase process referred to in Article 6.1 et seq. for those paying in installments. Please note that, in this case, access to the content of subsequent chapters will be permitted only upon payment of the relevant installment.
6.6 Failure to comply with payment terms will automatically place the Buyer in default, without the need for formal notice.
6.7 Failure to comply with payment terms may result in the Buyer losing any promotional discounts, bonuses, or other favorable terms that may be available.
6.8 The Company reserves the right to unilaterally change the price of goods and services at any time, provided that the price charged to the Buyer will be the one indicated on the Website at the time of purchase.
6.9 The Company may offer, for a predetermined period of time, promotions and offers for the goods and services marketed on the Site. When a Buyer uses the Account, the price offered for a particular good or service may be different from that offered to Buyers who are not yet registered, as some promotions are only available to new Buyers.
6.10 The method of purchasing Services is indicated in the purchasing process and may be made exclusively through:
- PayPal: a simple and secure online payment system that doesn't involve any additional costs for the Buyer. It works very similarly to a standard bank account. If you don't already have a PayPal account, you can create one easily and for free at www.paypal.it. To top up your account, you can use a credit card or bank account. The PayPal payment process takes place via a secure connection, directly linked to the banking institution that owns and manages the online payment service, which the Company does not access.
- Stripe: Stripe is a solution that allows you to integrate various payment methods into an e-commerce website, marketplace, or app. It's easy to implement, thanks to a unified API and a series of applications. Once integrated, you can activate the desired payment methods via the Dashboard.
Specifically, the Company allows a split payment service according to the terms and conditions specified on the sales page. FURTHERMORE, SPLIT PAYMENT IS SUBJECT TO THE FOLLOWING CONDITIONS: - The Company's administration will decide whether to accept the payment and, if so, will authorize the payment (via bank transfer or credit card) according to the agreed terms.
- If the user chooses the split payment option via Stripe, in agreement with the company, they will be required to pay, in addition to the amount of the service purchased, a surcharge of 5% of the total amount as interest.
- This amount, expressed as a percentage of 5%, may be paid in installments or paid in advance to the Company.
- Credit Card: The Company offers a one-time payment option by credit card. If the Buyer chooses to pay by credit card, it is their responsibility to verify with their issuing bank that it is enabled for online purchases, ensure that all information is entered correctly, and ensure they have the Verified by Visa and SecurCode by Mastercard security password. Accepted cards include Visa, Visa Electron, PostePay, Mastercard, American Express, and Diners Club International.
- Bank Transfer: The Company offers a one-time payment option by bank transfer. If payment is made by bank transfer, the Company will process the order only after receiving proof of credit to its bank account.
6.11 The price paid never includes transportation costs, travel expenses, main meals, and any overnight stays, except where this is explicitly indicated on the Site's purchase page.
6.12 The Company, at its sole discretion, may refuse an order by notifying the Customer using the same methods used to send the order confirmation.
6.13 For digital goods and services, delivery of the product, as soon as it becomes available, will occur through the download of the purchased material or through a redirection to the portal registration page that allows the Customer to use the goods and services, or to the platform that provides access to the members-only area. Therefore, delivery occurs immediately after the order and payment process have been completed.
6.14 All prices listed on the Site's service or product pages are expressed in euros and include tax.
6.15 Online sales do not require the issuance of a receipt. The system automatically generates and sends the purchase receipt to the buyer. The invoice will be issued only upon request, to be made by email to amministrazione@moneysurfers.com within 30 days if issued by a Swiss company; if issued by an Italian company, the invoice will be sent automatically via SDI within 12 days of the transaction.
7. IN-PERSON ACTIVITIES
7.1 For services delivered through in-person activities (courses, lessons, informational and training events, coaching, forums, etc.), for organizational reasons and/or to comply with official regulations or other requirements, and/or to ensure the success of the activities, the date, time, and location may vary and be modified by the Company at its sole discretion. Should such changes occur, the Company undertakes to promptly notify participating Buyers.
7.2 For services delivered through in-person activities, the Company reserves the unquestionable right to determine the delivery method and to convert such activities to online or streaming mode, ensuring equivalent content.
7.3 The Company reserves the right to cancel in-person activities, in which case it will reimburse the Buyer by issuing a voucher for the value of the unused service, which can be used within 2 (two) years of issuance for other goods and services distributed by the Company.
7.4 For proven supervening cause (illness, serious impediment due to force majeure, etc.), the Buyer may also postpone a meeting for which they have confirmed their attendance to a later date, provided they promptly notify the Company. Late notification will result in forfeiture of the right without the possibility of a refund. The Buyer's postponement may not exceed 24 (twenty-four) months from the same date, consistent with the Company's organizational needs, without the possibility of requesting a refund.
7.5 The Company reserves the unquestionable right to temporarily or permanently remove the Buyer from carrying out in-person activities if the Buyer is caught:
- Promote network marketing or similar companies;
- Promote and/or sell products not related to the Company or without the Company's authorization;
- Recruit members and investors for businesses not related to the Company or without the Company's authorization;
- Violate the Company's intellectual property rights.
8. WITHDRAWAL AND WAIVER
8.1 The Buyer has no right to withdraw from the goods and services purchased. This also applies in the cases provided for in Article 7 above.
8.2 The Buyer has the right at any time to request the deletion of their account and cancellation of their subscription to the goods and services purchased. The request must be sent by email to supporto@moneysurfers.com and is free of charge. However, the Buyer will not be entitled to any refund for unused goods and services, except where the "Satisfied or Refunded" guarantee is applicable.
8.3 Except as specifically provided in these General Terms and Conditions of Sale, the Company reserves the right to withdraw at any time in the event of non-compliance with payments or in the event of violations or conduct that does not conform to the contract by the Buyer. This does not imply any obligation to provide a refund, and the Company reserves the right to seek compensation for damages.
9. INTELLECTUAL PROPERTY
9.1 The contents of the Site, including but not limited to text, images, videos, any graphic or textual representation in general, photographs, and films, are protected by applicable copyright and intellectual and/or industrial property laws and are the exclusive property of the Company.
9.2 The goods and services sold on the Site are the exclusive creation of the Company and, as such, are subject to copyright and other proprietary rights. Furthermore, the information and materials relating to the goods and services provided are processed, reviewed, and updated with accuracy, completeness, and appropriateness, thanks also to the support and specialized consultancy provided by highly qualified professionals in the design and production of educational materials.
9.3 The Buyer is prohibited from using and reproducing any type of intellectual property content attributable in any way to the Company. Any violation will be prosecuted in accordance with applicable legislation.
9.4 The Buyer acknowledges that the Company's intellectual property rights are and remain the exclusive property of the Company and that use of the intellectual property described above is permitted only within the limits and under the conditions of the license for use authorized by the Company as described in Article 4.
9.5 The material contained on the Site is protected by copyright. No page or content of the Site may be reproduced, even partially, transferred by electronic or conventional means, modified, or used for any purpose without the prior express written authorization of the Company.
9.6 The Buyer therefore undertakes to respect the Company's rights and not to compromise the exercise thereof by the legitimate owners in any way. The Company reserves the right to terminate the accounts of Buyers who violate the Company's property rights and to take any other action to protect its rights and interests.
10. CONFIDENTIALITY AND NON-COMPETITION AGREEMENT
10.1 The goods and services, specifically the educational and training materials related to the courses and lessons, are the exclusive property of the Company; therefore, they may not be used by the Buyer for purposes other than direct use for personal financial education.
10.2 The Buyer agrees not to disclose, even free of charge and/or on a non-commercial basis, educational materials and information, including methods and processes, of which the Company has acquired or made known to them. The Buyer agrees not to make audio-video recordings, nor to conduct or have third parties conduct, including through the formation of companies, courses or seminars that directly or indirectly compete with the activities of the Company. This prohibition is valid for 5 (five) years following the purchase of the goods and services and is limited to the entire Italian territory (including the Vatican City and the Republic of San Marino) and Switzerland. Upon purchasing a good or service, the Buyer is required to inform the Company if it has performed or is performing, directly or on behalf of parties, any activities that compete with the Company.
10.3 In the event of a violation of even one of the provisions set forth in this article, the Buyer hereby undertakes to pay the sum of €100,000 as a penalty, without prejudice to compensation for any further damages and without prejudice to the Company's right to take precautionary measures to request cessation of the violation and removal of its effects.
11. ASSIGNMENT OF CONTRACT AND SUBCONTRACTING
11.1 The Company has the right to assign, at any time, existing contracts with the Buyer to third parties, whether natural or legal, by informing the Buyer by sending a communication via the email address provided during registration.