MyMoneyPlan General Terms and Conditions
These General Terms and Conditions of Business (hereinafter referred to as «GTC») apply to all services offered by MyMoneyPlan.ch (hereinafter referred to as «MyMoneyPlan»). By using the services of MyMoneyPlan, you accept the following conditions without change and in full.
1.1.1 MyMoneyPlan operates a financial education organisation. Clients can purchase, via various sales channels (Section 1.1.2) various financial education material such as but not limited to: tickets to seminars, videos, books, and coaching sessions.
1.1.2 The object of these GTC is the use of services which MyMoneyPlan provides to Clients via the following sales channel: The website MyMoneyPlan.ch, or, in the future, other, additional Sales Channels. Agreement to these GTC is given through the use of the corresponding services. When making use of individual services, the Client may be asked by MyMoneyPlan to confirm his agreement to the GTC by clicking a corresponding confirmation box.
1.2 Contact tracing and other services MyMoneyPlan complies with their legal obligations regarding contact tracing. Consent to the GTC is issued by making use of the services in question. When using individual MyMoneyPlan services, Users may be asked to confirm that they consent to the GTC again by clicking on a corresponding confirmation field.
2.1.1 MyMoneyPlan’s conditions which can be accessed via the Sales Channels apply to all services. MyMoneyPlan can change the range of services offered at any time or stop providing services.
2.1.2 MyMoneyPlan provides financial education in various forms. The content has been created by MyMoneyPlan and may not be distributed through other channels than those listed in section 1.1.2. MyMoneyPlan does not provide financial advice. MyMoneyPlan does not recommend specific financial service providers. If MyMoneyPlan mentions financial service providers in its financial education material (including coaching sessions), they are only for means of example.
2.2 Conclusion of Contract
2.2.1 The Client’s purchase order Clients make their selection via the appropriate Sales Channel. The selection made is displayed in the shopping basket (Web Shop and, in the future, Mobile Applications). By confirming the order, the Client is submitting his binding offer to purchase the material selected. The Client is obliged to provide all the information necessary for the ordering process completely and correctly.
2.2.2 Registration To place an order via the Web Shop or in the future Mobile Application (hereinafter «Online Order»), the Client must identify himself/herself in the Web Shop or in the Mobile Application with his/her user name or e-mail address and with his/her password (hereinafter «Access Data»; the respective user account hereinafter referred to as the «Online Account»). The Access Data provided to the Client are intended to be used personally by the Client and are confidential. All Online Orders placed via the Online Account will be charged to the Client as the Online Account holder and are binding for him.
2.2.3 Order confirmation and Acceptance When ordering via the Web Shop, the future Mobile Application, the Client will receive an order confirmation by e-mail or text message after the order process has been completed. This expressly represents acceptance of the offer by MyMoneyPlan and constitutes a contract for the purchase of financial education material.
2.3 No Onward Sale Any trade in purchased digital goods (entries to seminars, ebooks, or videos) for commercial or industrial purposes is prohibited. Failure to comply can lead to the loss of the service associated with the digital goods and to claims for compensation and for return of the profit against the original Client and those who have bought the digital goods. Persons who do not comply with these provisions may be excluded from purchasing and returning digital goods. Digital goods that have not been validly purchased do not entitle the holder to entry to the Event or Business, and MyMoneyPlan won’t accept any claims for reimbursement or liability in this respect. Physical books can be resold.
2.4.1 The prices for digital goods accessible via the Sales Channels or indicated or communicated there include VAT (if applicable).
2.4.2 The fees for the Sales Channel in question relating to the relevant delivery method and/or payment method are shown in the shopping basket during the ordering process or notified to the Client.
2.4.3 MyMoneyPlan may issue coupons which provides the Clients with price discounts for its digital goods or Event Tickets.
2.4.4 MyMoneyPlan may unilaterally revoke the validity of a coupon.
2.5.1 Purchase at advance sales offices MyMoneyPlan determines which payment methods are permitted.
2.5.2 Telephone or Online Order When ordering online, payment is made either by debiting the credit card specified during the ordering process or by debiting the credit card, specified in the Online Account. If payment is made in advance, payment must be made within five working days of the order date. The determining factor for compliance with the deadline is the date of the payment instruction. It is up to MyMoneyPlan to decide what forms of payment are permitted and whether/if digital goods which are not paid for in time should be released again for sale.
2.6 Return, Reimbursement, Transfer and Exchange
2.6.1 General The decision on the possibility, conditions and processing of a return and refund or exchange of financial education material is therefore made solely by MyMoneyPlan. This sole decision-making authority of MyMoneyPlan also exists in the event of force majeure (cf. Section VII below).
2.6.2 Transfer of personalised Tickets to another person MyMoneyPlan alone decides whether and under what conditions digital goods may be transferred to another person.
2.6.3 Cancellation of an Event or closure of a Business If an Event is cancelled without substitution (this also includes the cancellation or postponement of part of a series of Events or individual performances) or if a Business is closed in whole or in part, as a result of which no more Clients can be admitted, the digital goods will be refunded in accordance with Section 2.8.6. The cancellation of an Event or the closure of a Business is independent of the duration of the closure and the specific cause for the closure or the cancellation of the Event.
2.6.4 Special conditions if an Event is postponed or the venue is changed If an MyMoneyPlan decides to postpone an Event or move a venue, the Ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement. This also applies if the Event is postponed or rescheduled several times. It is up to the MyMoneyPlan to decide whether Tickets can be returned, reimbursed or exchanged. A postponement is deemed to be any change in the date and/or location of the Event, regardless of whether the Event is held on the new date with the same content, the same artists or teams or with features and criteria that differ from the original Event.
2.6.5 Processing of return and reimbursement
18.104.22.168 If MyMoneyPlan agrees to a return and reimbursement of the Tickets to an Event and handling of this according to this corresponding section in the Terms of Services, the Tickets will be returned and reimbursed and the process handled in accordance with the following provisions.
22.214.171.124 The Client must inform MyMoneyPlan of their intention to not attend an Event booked through the Sales Channel per email at: email@example.com
126.96.36.199 The following refunds will be provided depending on how long before the Event the cancelation email is sent:
More than 30 days before the Event: 90% of the amount paid will be refunded
Between 30 and 15 days before the Event: 50% of the amount paid will be refunded
Between 14 days and 2 days before the Event: 10% of the amount paid will be refunded
Less than 2 days before the Event: no refunds will be provided
If the Client attends the Event up to half the duration of the Event and isn’t satisfied by the service provided, 100% of the amount paid will be refunded.
If the Event Organiser agrees to a return and refund of the Tickets and the Event has been postponed or cancelled due to force majeure (cf. Section VII below), the Client may be charged an expense allowance of CHF 5 or 10% of the gross ticket price for the sale and refund of the Tickets.
188.8.131.52 The Tickets must be sent by the current ticket holder to the address provided by MyMoneyPlan. If payment is made by credit card, TWINT, PayPal or PostFinance, MyMoneyPlan will credit the relevant amount to the card or account used for the ticket purchase or to the bank or postal account specified by the ticket holder within four weeks of receipt of the Tickets. If payment is made in advance, the amount will be credited to the bank or postal account specified by the ticket holder. For this, MyMoneyPlan requires the following information: bank/post office details (name, town), bank sort code, IBAN, account number and account holder (name, first name).
2.7 Obligations of the Client when attending the Event or visiting the Business
With the purchase of the Ticket, the Client accepts the safety, access, age and other implementation regulations of MyMoneyPlan, as well as any requirements for admission provided by the authorities (e.g. vaccination certificate, negative test result, etc.). The Client is responsible for compliance with these regulations and acknowledges that he/she may be excluded from the Event or Business without compensation in the event of non-compliance with these regulations. In this case, the Client has no right to return the Tickets.
2.7.2 Where Tickets have been personalised, only the person named on the Ticket will be admitted to the Event or Business. The security personnel are entitled to check this on the spot. The ticket holder must be able to produce proof of identity. If the name on the ticket is not the same as the name on the proof of identity document, or if the name on the ticket is illegible, admission may be refused without replacement and without any right to financial reimbursement.
II. Contact Tracing
3.1 MyMoneyPlan complies with its obligation to perform Contact Tracing. Clients are obliged to provide full and correct information on themselves and their contact details.
III. Responsibilities of the Client and the User
The Client and the User have the following responsibilities:
The Client and the User are responsible for the Internet connection required to use MyMoneyPlan’s services.
If the Client and the User use a mobile application, they are responsible for ensuring that they use the latest version of the mobile application.
The Client and the User are responsible for adhering to state-of-the-art security standards.
Login details and passwords must be kept secret. The Client and the User are responsible for any use of the login details and passwords and for all actions taken in connection with the use of the online account and the User Account. If an unauthorised third party nevertheless gains access, or could have gained access, to the login details, including passwords, for the online account and the User Account, the Client and the User must inform MyMoneyPlan without delay.
The Client and the User may only use MyMoneyPlan’s services to the extent permitted by law.
The Client and the User must refrain from doing anything that hinders, or has the potential to hinder, the operation of the web shops, Mobile Applications or websites.
IV. MyMoneyPlan’s rights
If the Client and/or the User breach(es) these GTC, then MyMoneyPlan has the right to block the services in question and/or access to the online account and/or User Account temporarily or permanently.
5.1 MyMoneyPlan provides its services within the scope of its operating resources and the foreseeable requirements carefully and expertly, unless MyMoneyPlan is prevented in doing so by circumstances for which it is not to blame.
5.2 The Client and the User are aware that MyMoneyPlan uses the Internet/communication networks to provide its services. In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures, the call centre lines or other parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by MyMoneyPlan. As a result, MyMoneyPlan accepts no liability for the uninterrupted availability of its services, their functionality or for them being error-free.
6.1 MyMoneyPlan’s liability
6.1.1 In the event that it breaches its own contractual obligations under these GTC, MyMoneyPlan has unlimited liability vis-à-vis the Client and/or the User for direct and substantial damage caused by MyMoneyPlan as a result of the latter’s unlawful intent or gross negligence.
6.1.2 Liability for minor negligence and for indirect damages or consequential damages is expressly excluded. The term «consequential damage» includes, in particular, lost profit, reputational damage and data loss due to temporary restrictions or interruptions affecting the availability of MyMoneyPlan’s services, as well as due to outages affecting distribution channels, transmission errors, to Tickets, reservations and registrations for waiting lists, as well as MyMoneyPlan Entry Cards, that were not delivered on time, for incorrect price or service information and for errors in booking confirmations. Any liability on the part of MyMoneyPlan for content on websites of Event Organisers and/or Operators other third parties that refer to MyMoneyPlan’s Web Shops, Mobile Applications and websites or to which MyMoneyPlan’s Web Shops, Mobile Applications and websites refer is also excluded. To the extent permitted by law, any liability of MyMoneyPlan for vicarious agents is excluded.
6.1.3 The above exclusions and limitations of MyMoneyPlan’s liability do not apply in the event of the culpable death, physical injury or harm to health caused directly by MyMoneyPlan or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
6.2 Liability of the Client
6.2.1 The Client is liable to MyMoneyPlan without limitation for damages caused by unlawful intent or negligence. The Client indemnifies MyMoneyPlan in full against all claims by third parties that may arise from a breach of duty by the Client or the breach of these GTC.
6.2.2 The Client is obliged to reimburse MyMoneyPlan for any expenditure caused in connection with the unauthorised use or the misuse of the Client’s password.
6.3 User’s liability The User is liable to MyMoneyPlan without limitation for damages caused by unlawful intent or negligence. The User will indemnify MyMoneyPlan in full against all third-party claims that arise from the use of MyMoneyPlan’s services or could arise from breaches of these GTC on the part of the User.
VII. Force majeure
If the Event or Business, due to a health crisis (e.g. epidemic or pandemic, without regard to the number of waves of spread that have already occurred) or similar force majeure (i.e. an external, unforeseeable Event that cannot be averted, or cannot be averted in time, even by exercising reasonably expected care and by technically and economically reasonable means, such as natural disasters, terrorist attacks, failure of telecommunications connections, strike, official or non-official measures, etc.), is cancelled or postponed by MyMoneyPlan the contract between the Client and the Event Organiser and/or Operator remains valid. In this case, the Event Organiser and/or Operator will decide on the further procedure in accordance with Section 2.8 above.
VIII. Intellectual Property
The Web Shops, websites, the Mobile Applications and all MyMoneyPlan content that is available via the Web Shops, the Mobile Applications or the websites (hereinafter «Content») is protected by copyright and, unless otherwise stated, belongs wholly and exclusively to MyMoneyPlan. The web shops, the Mobile Applications and the websites may display information on intellectual property rights and rights of use of third parties. This information must be adhered to by both the Client and the User. The reproduction (either in full or in part), dissemination, transmission (electronically or using other means), modification, linking or use of the Content for public or commercial purposes is prohibited without MyMoneyPlan’s prior written consent. The Client and the User are, in any event, prohibited from using the web shops, the Mobile Applications or the websites to develop other services and from altering, translating, reproducing or decompiling the source code or analysing its functions, unless this has to be permitted by law as a mandatory requirement.
IX. Final Provisions
9.1 The Client waives the right to offset claims against MyMoneyPlan.
9.2 MyMoneyPlan reserves the right to amend these GTC at any time. Any changes will be made accessible on MyMoneyPlan’s website and/or in the Mobile Applications and will come into force at the time of posting.
9.3 If one or more provisions of these GTC are or become ineffective or unenforceable, either in full or in part, this will not affect the effectiveness or enforceability of the remaining provisions of these GTC, the purchase of the ticket or the use of the contact tracing and/or other services. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these GTC.
9.4 Swiss law applies exclusively to these GTC and any disputes arising under, or in connection with, the relationship between MyMoneyPlan and the Client, or between MyMoneyPlan and the User, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.5 The exclusive place of jurisdiction for any disputes between MyMoneyPlan and the Client, or between MyMoneyPlan and the User, is the registered office of MyMoneyPlan. MyMoneyPlan is, however, entitled to bring action in the place where the MyMoneyPlan or the User is domiciled.
Dietikon, September 2021