Terms & Conditions
Effective Date: [Date]
Welcome to the FF&A Academy – ZBG Sprint program, an online educational offering provided by Frederic Fernandez & Associates AG (“FF&A”, “Company”, “we”, “us”, or “our”).
These Terms and Conditions (“Terms”) govern your access to and use of the Course, including all content, materials, sessions, and related services made available through academy.fredericfernandezassociates.com or any associated platform (collectively, the “Course”).
By purchasing, accessing, or using the Course, you confirm that:
(a) you are at least 18 years old and legally capable of entering into a binding agreement;
(b) you have read, understood, and agree to be bound by these Terms;
(c) you have had the opportunity to review these Terms prior to entering into the contract; and
(d) where applicable, you accept and acknowledge the Company’s Privacy Policy and any applicable Cookie Policy.
If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity.
If you do not agree with these Terms, you must not access or use the Course.
1. Scope and Application
1.1 These Terms govern the access to and use of the online educational program ZBG Sprint (the “Course”) provided by Frederic Fernandez & Associates AG (“FF&A”, “Company”, “we”, “us”, or “our”).
1.2 The Course includes proprietary content, frameworks, methodologies, and materials developed by the Company, including but not limited to the Zero-Based Growth® (ZBG®) methodology, which is a protected trademark and intellectual property of the Company.
1.3 The Course is delivered exclusively in digital form and may include, depending on the selected package:
a) pre-recorded educational content;
b) live sessions, including Q&A sessions;
c) access to a private community environment;
d) invitations to in-person events; and
e) coaching or consulting sessions.
1.4 These Terms apply to all Users accessing or purchasing the Course, whether acting as consumers (B2C) or as businesses (B2B).
1.5 The Course and all included content are provided strictly for:
a) personal use (for individual Users); or
b) internal business use within the User’s organization.
Any external use, including but not limited to reproduction, distribution, sublicensing, public sharing, teaching, commercialization, consulting use, or making the content available to third parties, is strictly prohibited unless expressly authorized in writing by the Company.
1.6 The Course is intended for educational purposes only and does not constitute legal, financial, investment, or business advice. Individual results may vary, and the Company does not guarantee any specific outcomes or performance improvements.
1.7 The Company offers the Course internationally. Where mandatory consumer protection laws apply (including within the European Union or the United Kingdom), such laws shall take precedence over any conflicting provisions of these Terms.
1.8 For business customers (B2B), mandatory consumer protection provisions shall not apply to the extent legally permissible.
2. Company Information
2.1 The Course is offered by:
Frederic Fernandez & Associates AG
Industriestrasse 24
6300 Zug
Switzerland
2.2 Frederic Fernandez & Associates AG is incorporated under the laws of Switzerland. For the purposes of these Terms, the Company may be referred to as “FF&A” as a shorthand reference only. Such reference does not create a separate legal entity.
2.3 For any questions, support requests, or legal notices related to the Course or these Terms, the User may contact the Company at:
Email: Contact@fredericfernandezassociates.com
2.4 The Company provides the Course as a commercial educational service.
3. Services and Packages
3.1 The Company offers access to the Course in different packages, as described on the official website at the time of purchase. The exact scope of each package is defined at the point of sale and forms part of the contractual agreement.
3.2 At the time of drafting, the following packages are offered:
(a) Full Access Package (CHF 10,000)
Includes:
• full access to the ZBG Sprint Course;
• access to recurring Q&A group calls;
• access to the ZBG private community;
• invitation to the annual FF&A summit in Switzerland, subject to availability.
Payment may be offered in full or in installments, as specified at checkout.
(b) Full Access + Coaching Package (CHF 50,000)
Includes:
• all features of the Full Access Package;
• four (4) coaching sessions with the Company;
• participation in a curated cohort-based experience, subject to acceptance.
3.3 The Full Access + Coaching Package is subject to a limited monthly capacity of a maximum of five (5) Users per calendar month. Admission is subject to approval by the Company. Where the number of qualified applicants exceeds available capacity, Users may be accepted on a rolling basis depending on availability.
3.4 Access to the Full Access + Coaching Package is subject to approval by the Company. Submission of an application, registration, or payment does not guarantee acceptance.
3.5 The Company reserves the right, at its sole discretion, to accept or reject any application without providing reasons.
3.6 In the event that a User is not accepted into the Full Access + Coaching Package, any payment made shall be refunded.
3.7 Access to the Course is granted only after full payment of the total purchase price has been successfully received by the Company. Where installment options are offered, access to the Course shall only be granted once all scheduled payments have been completed in full.
3.8 In the event of missed or failed payments under an installment plan, the Company reserves the right to suspend or revoke access to the Course until payment is completed.
3.9 Access to the Course is granted on a per-user basis. Each purchase entitles only one designated individual User to access and use the Course.
3.10 The User may not share login credentials, grant access to third parties, or otherwise allow multiple individuals to access or use the Course under a single account.
3.11 Where a business purchases access, usage is limited to one designated individual unless otherwise agreed in writing.
3.12 The Company may offer multi-user or enterprise licenses under separate written agreement.
3.13 The Company reserves the right to monitor usage behavior. In cases of unauthorized sharing or misuse, access may be suspended or terminated without prior notice and without refund.
3.14 In cases of unauthorized use by additional individuals, the Company reserves the right to charge additional license fees equivalent to the standard price per unauthorized user.
3.15 Coaching sessions must be scheduled and used within twelve (12) months from the date of purchase. Unused sessions expire without compensation, unless agreed in writting.
3.16 Coaching sessions are limited to the agreed number of sessions. No ongoing advisory relationship is created.
3.17 Invitations to the annual FF&A summit and other events are subject to availability, capacity limitations, and scheduling. Attendance is not guaranteed.
3.18 The User is responsible for all travel, accommodation, and personal expenses related to event participation.
3.19 The Company may update or modify Course content, structure, or delivery format at any time, provided the core value is not materially reduced.
3.20 The Course is provided exclusively in digital form.
3.21 Access to community features may be modified, restricted, or discontinued at the Company’s discretion.
4. Contract Formation
4.1 The presentation of the Course and its packages on the website does not constitute a legally binding offer, but rather an invitation for the User to submit an order or, where applicable, an application.
4.2 By submitting an order, completing a purchase, or applying for a package, the User makes a binding offer to enter into a contract with the Company.
4.3 Full Access Package (CHF 10,000)
4.3.1 For the Full Access Package, a contract between the User and the Company is concluded when one of the following occurs, whichever comes first:
(a) the Company confirms the order via email;
(b) payment is successfully processed; or
(c) access to the Course is granted.
4.3.2 The Company reserves the right to refuse or cancel an order in exceptional cases, including but not limited to pricing errors, suspected fraud, or technical issues.
4.4 Full Access + Coaching Package (CHF 50,000)
4.4.1 The Full Access + Coaching Package is subject to a selection and approval process. Submission of an application, registration, or payment does not constitute acceptance into the program.
4.4.2 A contract for the Full Access + Coaching Package is only concluded once the Company has expressly confirmed acceptance of the User.
4.4.3 The Company reserves the right, at its sole discretion, to accept or reject any application without providing reasons.
4.4.4 The Company may request additional information from the User prior to making an acceptance decision.
4.4.5 Participation in the Full Access + Coaching Package is subject to availability and limited to a maximum number of Users per month.
4.4.6 If a User is not accepted into the program, any payment made shall be refunded.
4.5 Payment Processing
4.5.1 Payments may be processed via third-party providers (including, but not limited to, Stripe) or via bank transfer.
4.5.2 The use of a payment provider does not in itself constitute acceptance of the User into the Course, particularly for the Full Access + Coaching Package.
4.6 Access Conditions
4.6.1 The Company reserves the right to delay or withhold access to the Course until:
(a) payment obligations have been satisfied in accordance with these Terms; and
(b) any applicable onboarding or acceptance requirements have been fulfilled.
4.7 User Responsibility
4.7.1 The User is responsible for ensuring that all information provided during the purchase or application process is accurate, complete, and up to date.
4.7.2 The Company shall not be liable for any issues arising from incorrect or incomplete information provided by the User.
5. Pricing and Payment
5.1 All prices are indicated in Swiss Francs (CHF), unless otherwise stated on the website.
5.2 The Company offers the following pricing structure at the time of drafting:
(a) Full Access Package: CHF 10,000
(b) Full Access + Coaching Package: CHF 50,000
The Company reserves the right to modify pricing at any time. The price displayed at the time of purchase shall apply.
5.3 Payment for the Full Access Package may be made either:
(a) in full at the time of purchase; or
(b) in installments, where such option is made available at checkout.
5.4 Where installment payments are selected, the User agrees to complete all scheduled payments. The total purchase price remains due in full regardless of access to or use of the Course.
5.5 Access to the Course shall only be granted once the full purchase price has been received. Where installment payments are agreed, access will be withheld until all payments have been completed in full. Failure to complete payments shall result in denial of access without prejudice to the Company’s right to recover the full outstanding amount.
5.6 The Full Access + Coaching Package is subject to individually agreed payment terms. The Company reserves the right to determine the applicable payment structure, including requiring full or partial payment prior to granting access.
5.7 Payments may be processed via third-party providers (including, but not limited to, Stripe) or via bank transfer methods such as SEPA transfers, as made available by the Company.
5.8 The Company reserves the right to issue invoices and require payment via bank transfer, particularly for business customers or high-value transactions.
5.9 In the event of missed, failed, or delayed payments, the Company reserves the right to:
(a) suspend or restrict access to the Course;
(b) terminate access without refund; and
(c) pursue recovery of any outstanding amounts.
5.10 The User remains responsible for all agreed payments regardless of actual use, participation, or completion of the Course.
5.11 In the event of reversed payments, chargebacks, or payment disputes, the Company reserves the right to:
(a) immediately suspend access to the Course;
(b) recover any outstanding amounts;
(c) charge reasonable administrative and legal costs associated with the recovery; and
(d) restrict or permanently deny future access to the Company’s services.
5.12 The User is responsible for any applicable taxes, duties, or charges imposed by their local jurisdiction, unless otherwise required by mandatory law.
5.13 The Company shall provide invoices or receipts in electronic form upon successful payment.
5.14 The User agrees not to initiate chargebacks or payment disputes without first contacting the Company to seek a resolution. Where a chargeback is initiated without valid legal basis, the Company reserves the right to recover all outstanding amounts, including any associated fees, administrative costs, and damages.
6. Access to the Course
6.1 Upon successful contract formation and subject to the applicable payment conditions, the User shall be granted access to the Course via the platform designated by the Company.
6.2 Access to the Course is provided in digital form only and requires an internet connection and compatible devices. The User is responsible for ensuring that they meet the necessary technical requirements.
6.3 Access to the Course is granted for an unlimited period, meaning access is provided for as long as the Course and the associated platform are maintained and made available by the Company. The Company does not guarantee indefinite availability and reserves the right to discontinue the Course or platform at its sole discretion.
6.4 The User acknowledges that references to “lifetime access” or similar wording refer solely to the duration of availability of the Course and the platform, and not to the lifetime of the User.
6.5 The Company reserves the right, at its sole discretion, to modify, update, replace, restructure, or discontinue the Course, the platform, or any part thereof at any time.
6.6 The Company does not guarantee uninterrupted or error-free access to the Course. Access may be temporarily restricted due to maintenance, updates, technical issues, or factors beyond the Company’s control.
6.7 The Company shall not be liable for temporary interruptions, delays, or technical issues affecting access to the Course, provided that such issues are not caused by gross negligence or willful misconduct.
6.8 Access to the Course is personal to the User and subject to the usage restrictions set out in these Terms.
6.9 The Company reserves the right to suspend or restrict access to the Course where necessary for security reasons, maintenance, or enforcement of these Terms.
6.10 Access to community features, group sessions, or other interactive elements may be modified, restricted, or discontinued at the Company’s discretion.
6.11 The Company may update or enhance the Course content over time. The User acknowledges that content may evolve and that no obligation exists to maintain any specific version or format of the Course.
6.12 The User acknowledges that access to the Course constitutes full or partial performance of the Company’s contractual obligations. Upon access being granted, the digital content shall be deemed delivered, regardless of the extent of actual use or completion by the User.
6.13 The Company does not guarantee continuous, uninterrupted, or permanent availability of the Course or platform. Access may be suspended, restricted, or limited at any time due to maintenance, updates, security measures, or third-party service failures.
6.14 The Company does not guarantee permanent storage of any Course content, user data, or materials. The User is responsible for downloading and retaining any content they wish to keep. The Company reserves the right to delete, archive, or anonymize data after a reasonable period or upon termination of access, subject to applicable legal obligations.
7. Right of Withdrawal and Refund Policy
7.1 If the User is a consumer within the meaning of applicable law, including within the European Union or the United Kingdom, the User may have a statutory right of withdrawal.
7.2 The statutory withdrawal period is fourteen (14) days from the date of contract conclusion.
7.3 The User expressly acknowledges and agrees that the Course constitutes digital content not supplied on a tangible medium.
7.4 By purchasing the Course and requesting access, the User expressly:
(a) consents to the immediate performance of the contract before the expiry of any applicable withdrawal period; and
(b) acknowledges that they thereby lose any statutory right of withdrawal once access to the Course has been granted.
7.5 Where access to the Course has not yet been granted, the User may exercise their statutory right of withdrawal within the applicable withdrawal period.
7.6 Independently of any statutory rights, the Company offers a voluntary refund policy under the following conditions:
(a) The User may request a refund within fourteen (14) days from the date of purchase;
(b) The refund is only available if the User has not consumed more than twenty-five percent (25%) of the Course content;
(c) Course consumption is measured based on total video watch progress across all modules as tracked by the platform.
7.7 If the User has accessed or consumed more than twenty-five percent (25%) of the Course content, no refund shall be granted.
7.8 Refund requests must be submitted in writing to the Company using the contact details provided in these Terms.
7.9 The Company reserves the right to verify Course usage data before processing any refund request.
7.10 No refunds shall be granted in the following cases:
(a) failure to complete the Course;
(b) lack of time, motivation, or engagement;
(c) dissatisfaction based on subjective expectations;
(d) business or financial outcomes not being achieved.
7.11 For business customers (B2B), no statutory withdrawal rights apply. Refunds for business customers are excluded unless expressly agreed in writing by the Company.
7.12 Refunds, where applicable, shall be processed using the original payment method, unless otherwise agreed.
8. Intellectual Property
8.1 All content, materials, frameworks, methodologies, concepts, and information provided as part of the Course, including but not limited to the Zero-Based Growth® (ZBG®) methodology, are the exclusive intellectual property of the Company or its licensors and are protected by applicable intellectual property laws.
8.2 The Company grants the User a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Course solely in accordance with these Terms.
8.3 The User is permitted to use the knowledge and principles learned in the Course for their own personal development or for internal business purposes within their organization. For the avoidance of doubt, internal use does not include providing services, advice, deliverables, or strategic input to third parties based on the Course content or the ZBG® methodology, whether directly or indirectly, whether paid or unpaid.
8.4 The User is strictly prohibited from:
(a) reproducing, copying, recording, or distributing any Course content;
(b) making the Course or any part of it available to third parties;
(c) sublicensing, reselling, or commercializing the Course content;
(d) using the Course content, including the ZBG® methodology, for external consulting, training, teaching, advisory services, or any form of third-party monetization;
(e) creating derivative works, competing products, or similar frameworks based on the Course content;
(f) removing, altering, or obscuring any proprietary notices or branding.
8.5 Any unauthorized use of the Course content or the ZBG® methodology constitutes a material breach of these Terms and may result in:
(a) immediate suspension or termination of access without refund;
(b) claims for damages; and
(c) any additional remedies available under applicable law.
8.6 The Company reserves all rights not expressly granted to the User under these Terms.
8.7 Completion of the Course may entitle the User to receive a “Trained by FF&A” certification, subject to successful completion of the Course requirements as determined by the Company.
8.8 The certification does not grant any license, ownership rights, or authorization to use the ZBG® methodology beyond what is expressly permitted in these Terms.
8.9 The User may not represent themselves as a partner, affiliate, or authorized representative of the Company without prior written consent.
9. User Obligations and Acceptable Use
9.1 The User agrees to use the Course in a lawful, respectful, and responsible manner and in accordance with these Terms.
9.2 The User shall not:
(a) use the Course for any unlawful, fraudulent, or misleading purpose;
(b) interfere with or disrupt the operation of the Course or the platform;
(c) attempt to gain unauthorized access to any part of the Course, platform, or related systems;
(d) use automated systems, bots, or scraping tools to access or extract content;
(e) upload, share, or distribute any harmful, offensive, defamatory, or inappropriate content within any community or interactive feature.
9.3 Where the Course includes access to a private community, group sessions, or interactive environment, the User agrees to:
(a) engage respectfully with other participants;
(b) refrain from harassment, discrimination, or abusive behavior;
(c) not promote, advertise, or solicit services, products, or business opportunities without prior written consent from the Company.
9.4 The User shall not misuse the Course for competitive purposes, including but not limited to:
(a) extracting content for the purpose of developing competing products or services;
(b) reverse-engineering the Course structure, frameworks, or methodologies;
(c) systematically collecting information or materials for redistribution.
9.5 The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.
9.6 The User shall promptly notify the Company of any unauthorized use of their account or any security breach.
9.7 The Company reserves the right to monitor User activity within the Course and any associated community for the purpose of ensuring compliance with these Terms.
9.8 In the event of a breach of this Section, the Company may, at its sole discretion and without prior notice:
(a) suspend or terminate the User’s access to the Course;
(b) remove any content posted by the User;
(c) restrict participation in community features; and
(d) take any additional measures necessary to protect the integrity of the Course and other Users.
9.9 The Company shall not be liable for the conduct of other Users within any community or interactive environment.
9.10 The User acknowledges that access to community features is a privilege and not a guaranteed component of the Course, and may be modified, restricted, or discontinued at any time.
9.11 The Company reserves the right to implement technical measures to detect and prevent unauthorized access, account sharing, or misuse of the Course. This may include monitoring login patterns, device usage, and access behavior in accordance with applicable data protection laws.
10. Termination and Suspension
10.1 The Company reserves the right to suspend or terminate the User’s access to the Course at any time, with immediate effect and without prior notice, if the User:
(a) breaches these Terms;
(b) engages in unauthorized sharing, misuse, or infringement of intellectual property:
(c) fails to comply with payment obligations; or
(d) uses the Course in a manner that may harm the Company, its reputation, or other Users.
10.2 In the event of termination due to a breach of these Terms, no refund shall be granted and any outstanding payment obligations shall remain due.
10.3 The Company may suspend access to the Course temporarily for operational, security, or technical reasons without liability.
10.4 The User may terminate their participation in the Course at any time by ceasing use of the Course. Such termination does not entitle the User to any refund unless explicitly stated in these Terms.
10.5 Upon termination or suspension:
(a) the User’s access to the Course shall be revoked;
(b) any rights granted under these Terms shall immediately cease;
(c) the User must discontinue all use of the Course content.
10.6 Termination or suspension shall not affect any rights, remedies, or claims of the Company that have accrued prior to termination.
10.7 The following provisions shall survive termination:
(a) Intellectual Property (Section 8);
(b) User Obligations and Acceptable Use (Section 9);
(c) Payment obligations (Section 5);
(d) Liability and Disclaimers (Section 11); and
(e) Governing Law and Dispute Resolution (Section 12).
11. Liability and Disclaimer
11.1 11.1 The Course is provided for educational and informational purposes only and does not constitute legal, financial, investment, or professional advice.
11.2 The Company makes no representations, warranties, or guarantees regarding any specific results, outcomes, or performance improvements arising from the use of the Course. Individual results may vary.
11.3 To the maximum extent permitted by applicable law, the Company shall not be liable for:
(a) indirect, incidental, or consequential damages;
(b) loss of profits, revenue, business opportunities, or goodwill;
(c) business interruption or loss of data;
(d) any decisions made or actions taken by the User based on the Course content.
11.4 To the maximum extent permitted by applicable law, the Company’s total liability arising out of or in connection with these Terms or the Course shall be limited to the total amount paid by the User for the Course. This limitation shall not apply in cases of gross negligence, willful misconduct, or where liability cannot be excluded under applicable law.
11.5 Nothing in these Terms shall exclude or limit liability for:
(a) gross negligence or willful misconduct;
(b) death or personal injury caused by negligence; or
(c) any liability that cannot be excluded or limited under applicable law.
11.6 The Company does not guarantee that the Course or the platform will be uninterrupted, error-free, or free from technical issues.
11.7 The Company shall not be liable for any delays, interruptions, or failures resulting from events beyond its reasonable control, including but not limited to technical failures, internet outages, or third-party service disruptions.
11.8 The User acknowledges that the application of any knowledge or strategies learned in the Course is at their own risk and discretion.
11.9 To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising out of the User’s misuse of the Course or violation of these Terms.
11.10 The User acknowledges that any guidance, feedback, or coaching provided as part of the Course is of a general and educational nature and does not constitute tailored professional advice. The User remains solely responsible for all business, financial, and strategic decisions.
11.11 While the Company implements reasonable technical and organizational measures to protect the Course and user data, no system can be guaranteed to be completely secure. The User acknowledges and accepts the inherent risks of using online services.
11.12 The Company shall not be liable for the performance, availability, security, or actions of any third-party service providers, including but not limited to payment processors, hosting providers, analytics tools, or platform infrastructure.
12. Data Protection and Privacy
12.1 The Company processes personal data in connection with the provision of the Course in accordance with applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR).
12.2 Personal data may be collected and processed for purposes including:
(a) account creation and Course access;
(b) payment processing;
(c) communication with the User;
(d) delivery and improvement of the Course; and
(e) analytics and platform optimization.
12.3 The Company uses third-party service providers to deliver the Course and related services, including but not limited to:
(a) Buildable (course hosting and user data storage);
(b) Stripe (payment processing);
(c) Google Analytics (usage analytics);
(d) Hotjar (behavioral analytics); and
(e) Framer (website hosting).
12.4 These third-party providers may process personal data on behalf of the Company in accordance with their respective privacy policies and applicable data protection laws.
12.5 Further information on how personal data is collected, used, and protected is set out in the Company’s Privacy Policy and Cookie Policy, which form an integral part of these Terms.
12.6 By using the Course, the User acknowledges that their personal data may be transferred to and processed in jurisdictions outside their country of residence, including countries that may not provide the same level of data protection, subject to appropriate safeguards.
12.7 The User is responsible for ensuring that any personal data they provide is accurate and up to date.
12.8 Where the User provides personal data of third parties (for example, within assignments or submissions), the User represents and warrants that they have the necessary rights and permissions to do so.
12.9 In the event of any conflict between these Terms and the Privacy Policy regarding data protection, the Privacy Policy shall prevail.
13. Governing Law and Dispute Resolution
13.1 These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
13.2 In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Course, the Parties shall first attempt to resolve the matter in good faith through informal negotiations.
13.3 If the dispute cannot be resolved within a reasonable period of time, it shall be finally settled by arbitration.
13.4 The arbitration shall be conducted in accordance with the Swiss Rules of International Arbitration.
13.5 The seat of arbitration shall be Zug, Switzerland.
13.6 The language of the arbitration shall be English.
13.7 The arbitral tribunal shall consist of one (1) arbitrator.
13.8 The decision of the arbitrator shall be final and binding upon the Parties.
13.9 Notwithstanding the foregoing, the Company shall have the right to seek injunctive or equitable relief in any competent court, including the courts of Zug, Switzerland, in order to protect its intellectual property rights or confidential information.
13.10 Subject to Clause 13.9, all disputes shall be resolved exclusively by arbitration as set out in this Section. Recourse to state courts is excluded except where required to enforce arbitral awards or to obtain interim or injunctive relief.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the User and the Company in relation to the Course and supersede all prior agreements, understandings, or communications.
14.2 Amendments
The Company reserves the right to modify or update these Terms at any time. Any changes will be effective upon publication on the website. Continued use of the Course after such changes constitutes acceptance of the updated Terms.
14.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.4 No Waiver
The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.5 Assignment
The User may not assign or transfer any rights or obligations under these Terms without prior written consent of the Company. The Company may assign or transfer its rights and obligations without restriction.
14.6 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, strikes, technical failures, or interruptions in internet services.
14.7 Relationship of the Parties
Nothing in these Terms shall be deemed to create any partnership, joint venture, employment, or agency relationship between the User and the Company.
14.8 Consumer Rights
Nothing in these Terms shall affect any mandatory consumer protection rights that may apply under applicable law.
14.9 Language
These Terms are drafted in English. In the event of any inconsistency between translated versions, the English version shall prevail.
14.10 Contact Information
For any questions regarding these Terms, the Company may be contacted at:
Frederic Fernandez & Associates (FF&A)
Email: Contact@fredericfernandezassociates.com
7. Right of Withdrawal and Refund Policy
7.1 If the User is a consumer within the meaning of applicable law, including within the European Union or the United Kingdom, the User may have a statutory right of withdrawal.
7.2 The statutory withdrawal period is fourteen (14) days from the date of contract conclusion.
7.3 The User expressly acknowledges and agrees that the Course constitutes digital content not supplied on a tangible medium.
7.4 By purchasing the Course and requesting access, the User expressly:
(a) consents to the immediate performance of the contract before the expiry of any applicable withdrawal period; and
(b) acknowledges that they thereby lose any statutory right of withdrawal once access to the Course has been granted.
7.5 Where access to the Course has not yet been granted, the User may exercise their statutory right of withdrawal within the applicable withdrawal period.
7.6 Independently of any statutory rights, the Company offers a voluntary refund policy under the following conditions:
(a) The User may request a refund within fourteen (14) days from the date of purchase;
(b) The refund is only available if the User has not consumed more than twenty-five percent (25%) of the Course content;
(c) Course consumption is measured based on total video watch progress across all modules as tracked by the platform.
7.7 If the User has accessed or consumed more than twenty-five percent (25%) of the Course content, no refund shall be granted.
7.8 Refund requests must be submitted in writing to the Company using the contact details provided in these Terms.
7.9 The Company reserves the right to verify Course usage data before processing any refund request.
7.10 No refunds shall be granted in the following cases:
(a) failure to complete the Course;
(b) lack of time, motivation, or engagement;
(c) dissatisfaction based on subjective expectations;
(d) business or financial outcomes not being achieved.
7.11 For business customers (B2B), no statutory withdrawal rights apply. Refunds for business customers are excluded unless expressly agreed in writing by the Company.
7.12 Refunds, where applicable, shall be processed using the original payment method, unless otherwise agreed.
8. Intellectual Property
8.1 All content, materials, frameworks, methodologies, concepts, and information provided as part of the Course, including but not limited to the Zero-Based Growth® (ZBG®) methodology, are the exclusive intellectual property of the Company or its licensors and are protected by applicable intellectual property laws.
8.2 The Company grants the User a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Course solely in accordance with these Terms.
8.3 The User is permitted to use the knowledge and principles learned in the Course for their own personal development or for internal business purposes within their organization. For the avoidance of doubt, internal use does not include providing services, advice, deliverables, or strategic input to third parties based on the Course content or the ZBG® methodology, whether directly or indirectly, whether paid or unpaid.
8.4 The User is strictly prohibited from:
(a) reproducing, copying, recording, or distributing any Course content;
(b) making the Course or any part of it available to third parties;
(c) sublicensing, reselling, or commercializing the Course content;
(d) using the Course content, including the ZBG® methodology, for external consulting, training, teaching, advisory services, or any form of third-party monetization;
(e) creating derivative works, competing products, or similar frameworks based on the Course content;
(f) removing, altering, or obscuring any proprietary notices or branding.
8.5 Any unauthorized use of the Course content or the ZBG® methodology constitutes a material breach of these Terms and may result in:
(a) immediate suspension or termination of access without refund;
(b) claims for damages; and
(c) any additional remedies available under applicable law.
8.6 The Company reserves all rights not expressly granted to the User under these Terms.
8.7 Completion of the Course may entitle the User to receive a “Trained by FF&A” certification, subject to successful completion of the Course requirements as determined by the Company.
8.8 The certification does not grant any license, ownership rights, or authorization to use the ZBG® methodology beyond what is expressly permitted in these Terms.
8.9 The User may not represent themselves as a partner, affiliate, or authorized representative of the Company without prior written consent.
9. User Obligations and Acceptable Use
9.1 The User agrees to use the Course in a lawful, respectful, and responsible manner and in accordance with these Terms.
9.2 The User shall not:
(a) use the Course for any unlawful, fraudulent, or misleading purpose;
(b) interfere with or disrupt the operation of the Course or the platform;
(c) attempt to gain unauthorized access to any part of the Course, platform, or related systems;
(d) use automated systems, bots, or scraping tools to access or extract content;
(e) upload, share, or distribute any harmful, offensive, defamatory, or inappropriate content within any community or interactive feature.
9.3 Where the Course includes access to a private community, group sessions, or interactive environment, the User agrees to:
(a) engage respectfully with other participants;
(b) refrain from harassment, discrimination, or abusive behavior;
(c) not promote, advertise, or solicit services, products, or business opportunities without prior written consent from the Company.
9.4 The User shall not misuse the Course for competitive purposes, including but not limited to:
(a) extracting content for the purpose of developing competing products or services;
(b) reverse-engineering the Course structure, frameworks, or methodologies;
(c) systematically collecting information or materials for redistribution.
9.5 The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.
9.6 The User shall promptly notify the Company of any unauthorized use of their account or any security breach.
9.7 The Company reserves the right to monitor User activity within the Course and any associated community for the purpose of ensuring compliance with these Terms.
9.8 In the event of a breach of this Section, the Company may, at its sole discretion and without prior notice:
(a) suspend or terminate the User’s access to the Course;
(b) remove any content posted by the User;
(c) restrict participation in community features; and
(d) take any additional measures necessary to protect the integrity of the Course and other Users.
9.9 The Company shall not be liable for the conduct of other Users within any community or interactive environment.
9.10 The User acknowledges that access to community features is a privilege and not a guaranteed component of the Course, and may be modified, restricted, or discontinued at any time.
9.11 The Company reserves the right to implement technical measures to detect and prevent unauthorized access, account sharing, or misuse of the Course. This may include monitoring login patterns, device usage, and access behavior in accordance with applicable data protection laws.
10. Termination and Suspension
10.1 The Company reserves the right to suspend or terminate the User’s access to the Course at any time, with immediate effect and without prior notice, if the User:
(a) breaches these Terms;
(b) engages in unauthorized sharing, misuse, or infringement of intellectual property:
(c) fails to comply with payment obligations; or
(d) uses the Course in a manner that may harm the Company, its reputation, or other Users.
10.2 In the event of termination due to a breach of these Terms, no refund shall be granted and any outstanding payment obligations shall remain due.
10.3 The Company may suspend access to the Course temporarily for operational, security, or technical reasons without liability.
10.4 The User may terminate their participation in the Course at any time by ceasing use of the Course. Such termination does not entitle the User to any refund unless explicitly stated in these Terms.
10.5 Upon termination or suspension:
(a) the User’s access to the Course shall be revoked;
(b) any rights granted under these Terms shall immediately cease;
(c) the User must discontinue all use of the Course content.
10.6 Termination or suspension shall not affect any rights, remedies, or claims of the Company that have accrued prior to termination.
10.7 The following provisions shall survive termination:
(a) Intellectual Property (Section 8);
(b) User Obligations and Acceptable Use (Section 9);
(c) Payment obligations (Section 5);
(d) Liability and Disclaimers (Section 11); and
(e) Governing Law and Dispute Resolution (Section 12).
11. Liability and Disclaimer
11.1 11.1 The Course is provided for educational and informational purposes only and does not constitute legal, financial, investment, or professional advice.
11.2 The Company makes no representations, warranties, or guarantees regarding any specific results, outcomes, or performance improvements arising from the use of the Course. Individual results may vary.
11.3 To the maximum extent permitted by applicable law, the Company shall not be liable for:
(a) indirect, incidental, or consequential damages;
(b) loss of profits, revenue, business opportunities, or goodwill;
(c) business interruption or loss of data;
(d) any decisions made or actions taken by the User based on the Course content.
11.4 To the maximum extent permitted by applicable law, the Company’s total liability arising out of or in connection with these Terms or the Course shall be limited to the total amount paid by the User for the Course. This limitation shall not apply in cases of gross negligence, willful misconduct, or where liability cannot be excluded under applicable law.
11.5 Nothing in these Terms shall exclude or limit liability for:
(a) gross negligence or willful misconduct;
(b) death or personal injury caused by negligence; or
(c) any liability that cannot be excluded or limited under applicable law.
11.6 The Company does not guarantee that the Course or the platform will be uninterrupted, error-free, or free from technical issues.
11.7 The Company shall not be liable for any delays, interruptions, or failures resulting from events beyond its reasonable control, including but not limited to technical failures, internet outages, or third-party service disruptions.
11.8 The User acknowledges that the application of any knowledge or strategies learned in the Course is at their own risk and discretion.
11.9 To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising out of the User’s misuse of the Course or violation of these Terms.
11.10 The User acknowledges that any guidance, feedback, or coaching provided as part of the Course is of a general and educational nature and does not constitute tailored professional advice. The User remains solely responsible for all business, financial, and strategic decisions.
11.11 While the Company implements reasonable technical and organizational measures to protect the Course and user data, no system can be guaranteed to be completely secure. The User acknowledges and accepts the inherent risks of using online services.
11.12 The Company shall not be liable for the performance, availability, security, or actions of any third-party service providers, including but not limited to payment processors, hosting providers, analytics tools, or platform infrastructure.
12. Data Protection and Privacy
12.1 The Company processes personal data in connection with the provision of the Course in accordance with applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR).
12.2 Personal data may be collected and processed for purposes including:
(a) account creation and Course access;
(b) payment processing;
(c) communication with the User;
(d) delivery and improvement of the Course; and
(e) analytics and platform optimization.
12.3 The Company uses third-party service providers to deliver the Course and related services, including but not limited to:
(a) Buildable (course hosting and user data storage);
(b) Stripe (payment processing);
(c) Google Analytics (usage analytics);
(d) Hotjar (behavioral analytics); and
(e) Framer (website hosting).
12.4 These third-party providers may process personal data on behalf of the Company in accordance with their respective privacy policies and applicable data protection laws.
12.5 Further information on how personal data is collected, used, and protected is set out in the Company’s Privacy Policy and Cookie Policy, which form an integral part of these Terms.
12.6 By using the Course, the User acknowledges that their personal data may be transferred to and processed in jurisdictions outside their country of residence, including countries that may not provide the same level of data protection, subject to appropriate safeguards.
12.7 The User is responsible for ensuring that any personal data they provide is accurate and up to date.
12.8 Where the User provides personal data of third parties (for example, within assignments or submissions), the User represents and warrants that they have the necessary rights and permissions to do so.
12.9 In the event of any conflict between these Terms and the Privacy Policy regarding data protection, the Privacy Policy shall prevail.
13. Governing Law and Dispute Resolution
13.1 These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
13.2 In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Course, the Parties shall first attempt to resolve the matter in good faith through informal negotiations.
13.3 If the dispute cannot be resolved within a reasonable period of time, it shall be finally settled by arbitration.
13.4 The arbitration shall be conducted in accordance with the Swiss Rules of International Arbitration.
13.5 The seat of arbitration shall be Zug, Switzerland.
13.6 The language of the arbitration shall be English.
13.7 The arbitral tribunal shall consist of one (1) arbitrator.
13.8 The decision of the arbitrator shall be final and binding upon the Parties.
13.9 Notwithstanding the foregoing, the Company shall have the right to seek injunctive or equitable relief in any competent court, including the courts of Zug, Switzerland, in order to protect its intellectual property rights or confidential information.
13.10 Subject to Clause 13.9, all disputes shall be resolved exclusively by arbitration as set out in this Section. Recourse to state courts is excluded except where required to enforce arbitral awards or to obtain interim or injunctive relief.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the User and the Company in relation to the Course and supersede all prior agreements, understandings, or communications.
14.2 Amendments
The Company reserves the right to modify or update these Terms at any time. Any changes will be effective upon publication on the website. Continued use of the Course after such changes constitutes acceptance of the updated Terms.
14.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14.4 No Waiver
The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.5 Assignment
The User may not assign or transfer any rights or obligations under these Terms without prior written consent of the Company. The Company may assign or transfer its rights and obligations without restriction.
14.6 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, strikes, technical failures, or interruptions in internet services.
14.7 Relationship of the Parties
Nothing in these Terms shall be deemed to create any partnership, joint venture, employment, or agency relationship between the User and the Company.
14.8 Consumer Rights
Nothing in these Terms shall affect any mandatory consumer protection rights that may apply under applicable law.
14.9 Language
These Terms are drafted in English. In the event of any inconsistency between translated versions, the English version shall prevail.
14.10 Contact Information
For any questions regarding these Terms, the Company may be contacted at:
Frederic Fernandez & Associates (FF&A)
Email: Contact@fredericfernandezassociates.com
