Terms & Conditions

Effective Date: January 15, 2025
Last Updated: January 15, 2025

Welcome to CapitalFocus. These Terms & Conditions ("Terms," "Agreement") govern your access to and use of the CapitalFocus website located at https://capitalfocus.org/ (the "Site") and any services, content, or materials provided through the Site (collectively, the "Services").

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site or Services.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and CapitalFocus.

If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and the organization.

2. Eligibility

You must be at least 18 years of age to use our Site and Services. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Our Services are intended for business and professional use. If you are accessing the Site from a jurisdiction where such access is prohibited, you must discontinue use immediately.

3. Description of Services

CapitalFocus provides strategic capital allocation consulting, financial prioritization frameworks, advisory services, educational content, and related professional services (the "Services"). The specific scope of Services will be defined in separate engagement agreements or service contracts.

The content on our Site, including white papers, blog posts, case studies, and other materials, is provided for informational and educational purposes only and does not constitute professional advice.

4. User Accounts and Registration

4.1 Account Creation

Certain features of our Site may require you to register for an account. When creating an account, you agree to:

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activities.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, materials, features, and functionality on the Site, including but not limited to text, graphics, logos, images, software, frameworks, methodologies, and trademarks, are the exclusive property of CapitalFocus or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

The CapitalFocus name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CapitalFocus. You may not use such marks without our prior written permission.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

5.3 Restrictions

You may not:

6. User Content and Submissions

6.1 Your Content

You may have the opportunity to submit, post, or transmit content through the Site, including comments, feedback, inquiries, or other materials ("User Content"). You retain ownership of your User Content but grant us certain rights as described below.

6.2 License to User Content

By submitting User Content, you grant CapitalFocus a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with providing and promoting our Services.

6.3 Prohibited Content

You agree not to submit User Content that:

7. Professional Services and Consulting

7.1 No Professional Advice

IMPORTANT: The information, content, and materials provided on this Site are for general informational and educational purposes only and do not constitute professional financial, investment, legal, tax, or business advice.

You should not rely on any information on the Site as a substitute for professional advice from qualified advisors who understand your specific circumstances. Any decisions you make based on Site content are your sole responsibility.

7.2 Consulting Engagements

Specific consulting services and advisory engagements are governed by separate written agreements that will supersede these Terms with respect to the specific services provided. Such agreements will define the scope of work, deliverables, fees, confidentiality obligations, and other terms specific to the engagement.

7.3 No Guaranteed Results

While we strive to provide high-quality services and insights, we make no guarantees, representations, or warranties regarding specific outcomes, results, or financial performance that may result from implementing our recommendations or frameworks.

Past performance, case studies, and testimonials do not guarantee future results. Your actual results will depend on numerous factors including market conditions, implementation quality, organizational capabilities, and circumstances beyond our control.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by CapitalFocus. We provide these links for your convenience but do not endorse or assume responsibility for the content, privacy policies, or practices of third-party sites.

You access third-party sites at your own risk and should review their terms and privacy policies. We are not liable for any damage or loss caused by your use of third-party sites or services.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

We do not warrant that:

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPITALFOCUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CAPITALFOCUS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless CapitalFocus, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us in asserting any available defenses.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

Your continued use of the Site following any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Site.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Site shall be resolved through the following process:

Step 1 - Informal Negotiation: The parties shall first attempt to resolve any dispute through good-faith negotiations for a period of thirty (30) days.

Step 2 - Mediation: If informal negotiations fail, the parties agree to submit the dispute to mediation before a mutually agreed mediator in Paris, France.

Step 3 - Litigation: If mediation is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the courts of Paris, France.

12.3 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Termination

13.1 Termination by You

You may terminate your use of the Site at any time by discontinuing access and, if applicable, closing your account.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the Site, with or without notice, for any reason, including but not limited to:

13.3 Effect of Termination

Upon termination, your right to use the Site will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, indemnification, and dispute resolution.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and CapitalFocus regarding the Site and Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

14.6 Notices

Notices to you may be provided via email, Site posting, or regular mail. Notices to us should be sent to the contact information provided below.

15. Contact Information

If you have any questions or concerns regarding these Terms & Conditions, please contact us:

CapitalFocus
98D Russel Crest
Lilabury, ACT 2995
France

Email: [email protected]
Phone: +88831392571857
Registration Number: 48960188

Acknowledgment: By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.