Terms & Conditions / Conditions Générales d'Utilisation

Last Updated / Dernière mise à jour : [04/11/25]

ENGLISH VERSION

1. COMPANY INFORMATION

The websites www.rachelfinance.systeme.io and www.rachelfinance.com are operated by HESTIA CORPORATION FZCO, a company incorporated in DSO-IFZA Freezone under Trade License No: 24394 on December 23, 2022, having its registered address at DSO-IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, United Arab Emirates.

Contact: contact@rachelfinance.com

HESTIA CORPORATION FZCO is the data controller of any personal information provided through these websites.

2. ACCEPTANCE OF TERMS

By accessing or using the websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you must immediately cease using the websites.

Age Requirement: The websites are intended solely for individuals aged 18 years and over. By using the websites, you represent and warrant that you are at least 18 years of age.

3. SERVICES DESCRIPTION

HESTIA CORPORATION FZCO provides the following services through the websites:

3.1 Educational Services

• Financial consultancy and educational information

• Online courses on budgeting, investment, and mindset

• In-person seminars and workshops

3.2 Personalized Investment Portfolios

• Custom investment portfolio creation services

• Portfolio analysis and recommendations

• Ongoing portfolio management guidance

Important Notice: The websites are NOT financial institutions and do NOT offer or provide any financial products, banking services, or investment execution services. We do not handle, manage, or execute financial transactions on behalf of clients.

4. COMPREHENSIVE DISCLAIMER

4.1 No Financial Advice

The information and services provided on the websites and through our educational programs are for informational and educational purposes only and should NOT be considered professional financial, investment, tax, or legal advice.

HESTIA CORPORATION FZCO, its employees, affiliates, and service providers are NOT:

• Certified public accountants

• Licensed financial advisors

• Tax attorneys

• Independent wealth management consultants

• Registered investment advisors

• Banking or financial institutions

4.2 No Guarantees

We make NO guarantees, warranties, or representations regarding:

• The accuracy, completeness, or suitability of any information provided

• Investment returns or financial outcomes

• The performance of any recommended strategies or portfolios

• The applicability of our content to your specific situation

4.3 Educational Content Limitations

• Our training content is NOT based on scientific studies

• Content represents the subjective opinions and suppositions of the author

• All examples are illustrative only and do not reflect universal truths

• Content must be evaluated with discernment and should not be applied literally

4.4 No Contractual Value

Any analyses, recommendations, or portfolio suggestions provided by Rachel Poidevin or HESTIA CORPORATION FZCO have NO contractual value and do NOT constitute:

• An offer to sell securities or financial products

• A solicitation to buy securities or financial products

• A guarantee of investment performance

• Professional financial advice

5. USER RESPONSIBILITY AND LIABILITY WAIVER

5.1 Sole Responsibility

You acknowledge and agree that:

• You are solely responsible for all financial decisions made based on our services

• You must conduct your own due diligence and research

• You should consult licensed professionals before making financial decisions

• You will seek independent financial, legal, and tax advice appropriate to your jurisdiction

5.2 Complete Liability Waiver

HESTIA CORPORATION FZCO, its manager, partners, service providers, employees, and any person involved in providing services through the websites shall NOT be liable for:

• Any consequences of improper, inappropriate, or illegal use of our services

• Any financial losses or damages resulting from decisions made based on our content

• Any errors, omissions, or misdirected investments

• Any direct, indirect, incidental, consequential, special, or punitive damages

• Loss of profits, revenue, data, or business opportunities

• Any claims arising from your use of the websites or services

This waiver applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

6. PERSONALIZED PORTFOLIO SERVICES - SPECIFIC TERMS

6.1 Service Description

Our personalized portfolio service includes:

• Comprehensive portfolio analysis based on client-provided financial information

• Customized investment recommendations covering ETFs, equities, precious metals, and educational information on cryptocurrencies

• Deliverables: PDF portfolio report, private video recording explanation, and/or one explanatory call (duration as specified in the Professional Services Agreement)

• 8-month follow-up advisory period for clarifications on delivered recommendations (not ongoing management)

• Optional service review : available from 12 months after initial delivery

This service is governed by a separate Professional Services Agreement that must be signed before services commence.

6.2 Professional Services Agreement

Access to personalized portfolio services requires:

• Completion and signature of the Professional Services Agreement

• Full payment of service fees (EUR 1,587 or USD/AED equivalent)

• Completion of required intake questionnaire and KYC/AML documentation

• Completion of at least 60% of associated educational course (where applicable)

The Professional Services Agreement includes:

• Detailed scope of portfolio advisory services

• Covered assets (ETFs, equities, precious metals, crypto educational info)

• Specific regulatory disclaimers and risk acknowledgments

• Client declarations and responsibilities

• Intellectual property and confidentiality terms

• Limitation of liability provisions specific to portfolio services

6.3 Portfolio Services Disclaimers

CRITICAL LIMITATIONS - READ CAREFULLY:

• We operate as Investment Consultants only under IFZA License No. 24394

• We do NOT:

  • Accept, hold, manage, or invest client funds

  • Execute trades or transactions

  • Act as broker, dealer, custodian, fund manager, or portfolio manager

  • Hold power of attorney over client accounts

  • Guarantee any investment returns or performance

• All recommendations are advisory only - you maintain complete control and decision-making authority

• Past performance examples do NOT guarantee future results

• All investments carry market risk including potential loss of principal

• Portfolio recommendations are based solely on information you provide

• We rely entirely on accuracy of your disclosed information without independent verification

6.5 Portfolio Service Fees and Payment

• Service Fee: EUR 1,587 (or USD/AED equivalent at prevailing exchange rate)

• Payment Methods: Bank transfer, card, or PayPal

• Additional Charges: Client bears all gateway fees, currency conversion charges, and bank fees

• VAT: If applicable under UAE law, will be added to the invoice amount

• Non-Refundable: All payments are strictly non-refundable once services commence

• Payment Requirement: Full payment must be received before delivery of portfolio recommendations

Delivery Conditions: Portfolio deliverables will only be provided after:

• 60% completion of associated educational course (where applicable)

• Receipt and clearance of full payment

• Completion of required intake survey/questionnaire

• Satisfactory completion of KYC/AML documentation

  BY ENGAGING PORTFOLIO SERVICES, YOU DECLARE AND WARRANT:

• Voluntary Engagement: You approached us on your own initiative; we did not solicit you in your country of residence

• Legal Compliance: You are legally permitted under your local laws to receive investment advisory services from a foreign (UAE-based) consultancy

• Regulatory Responsibility: You will obtain any necessary approvals, authorizations, or tax declarations required in your jurisdiction

• Information Accuracy: All information you provide is true, accurate, and complete. You accept full responsibility for any misrepresentation or omission

• Risk Acknowledgment: You understand that:

  • All investments involve market risk

  • You could lose your entire principal investment

  • No guarantees of returns exist

  • Financial markets are volatile and unpredictable

• Independent Decision-Making: All investment decisions are yours alone, made at your sole discretion and risk

• Jurisdictional Waiver: You irrevocably agree to UAE jurisdiction and waive any right to initiate legal proceedings outside the UAE regarding our services

7. REFUND POLICY

7.1 Online Courses

• Refunds available within 14 days of purchase

• Refund amount is proportional to course consumption

• Formula: If X% consumed, then (100-X)% refunded

• No refunds after 14 days or after 100% course completion

7.2 In-Person Seminars

• No refunds are provided for in-person seminars

• Tickets may be transferred to another person

• Transfer requests must be submitted at least 7 days before the event

7.3 Personalized Portfolio Services & Revision

• Initial portfolio consultation: Non-refundable after delivery of portfolio recommendations

• Portfolio revision after one year : Non-refundable

• If no portfolio delivered: Refundable within 48 hours of payment if:

  • No recommendations have been provided

  • No analysis work has commenced

  • Client has not completed intake questionnaire

• After delivery: No refunds (services have been fully rendered)

• Educational course requirement: If 60% course completion is required and not met, payment may be held until completion; no refund for non-completion

7.4 Refund Process

• Submit refund requests to contact@rachelfinance.com

• Include order number and reason for refund

• Refunds processed within 14 business days

• Refunds issued to original payment method

8. SUBSCRIPTION SERVICES (IF APPLICABLE)

8.1 Portfolio Management Subscription Following the delivery of a portfolio creation service, clients benefit from 8 months of complimentary portfolio management and support.

After this initial period, continued portfolio management is available at €26 per month.

8.2 Subscription Terms - The monthly subscription begins automatically after the 8-month complimentary period - Billing continues on a recurring monthly basis until cancellation - Clients may cancel the subscription at any time without penalty - Cancellation takes effect at the end of the current billing period

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

All content on the websites, including but not limited to:

• Text, graphics, logos, images, videos

• Software, code, and technology

• Course materials and educational content

• Portfolio templates and frameworks

• Trademarks and branding

is the exclusive property of HESTIA CORPORATION FZCO or its licensors and is protected by:

• United Arab Emirates intellectual property laws

• International copyright treaties

• Dubai International Financial Centre regulations (where applicable)

9.2 Prohibited Uses

You may NOT, without prior written authorization:

• Copy, reproduce, or distribute any content

• Modify, adapt, or create derivative works

• Reverse engineer any software or technology

• Remove copyright or proprietary notices

• Use content for commercial purposes

• Share course materials with non-subscribers

9.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and view content for personal, non-commercial use

• Download materials specifically designated as downloadable

• Print single copies for personal reference

This license terminates upon violation of these Terms or termination of your account.

10. USER ACCOUNTS AND SECURITY

10.1 Account Creation

• You must provide accurate, complete, and current information

• You must be at least 18 years old

• One account per person (no sharing)

• False information may result in account termination

10.2 Account Security

You are responsible for:

• Maintaining confidentiality of login credentials

• All activities occurring under your account

• Notifying us immediately of unauthorized access

• Logging out after each session on shared devices

10.3 Account Termination

We reserve the right to suspend or terminate accounts for:

• Violation of these Terms

• Fraudulent or illegal activity

• Sharing account credentials

• Abusive behavior toward staff or other users

• Non-payment of fees

11. PROHIBITED ACTIVITIES

Users shall NOT:

• Interfere with website functionality or security

• Attempt to gain unauthorized access to systems

• Use automated tools (bots, scrapers) without permission

• Harvest personal information of other users

• Transmit viruses, malware, or harmful code

• Engage in illegal activities through the websites

• Misrepresent affiliation with HESTIA CORPORATION FZCO

• Post defamatory, offensive, or infringing content

• Manipulate or falsify information

• Use services for money laundering or terrorism financing

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12. THIRD-PARTY LINKS AND SERVICES

12.1 External Links

The websites may contain links to third-party websites for convenience. We:

• Do NOT endorse third-party content

• Are NOT responsible for third-party practices, content, or services

• Make NO warranties regarding third-party websites

12.2 Third-Party Services

If you access third-party services through our links:

• You do so at your own risk

• Those services' terms and policies govern your use

• We are not party to your transactions with third parties

13. PRIVACY AND DATA PROTECTION

13.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy, which complies with:

• UAE Federal Decree-Law No. 45 of 2021 on Personal Data Protection

• DIFC Data Protection Law (where applicable)

• GDPR (for EU residents)

13.2 KYC/AML Compliance

We comply with UAE Anti-Money Laundering and Combating Financing of Terrorism regulations. You agree to:

• Provide all identification and verification documents requested

• Submit authentic and accurate KYC documentation

• Respond promptly to compliance requests

We reserve the right to suspend, decline, or terminate services without liability if:

• KYC/AML requirements remain unsatisfied

• Document authenticity is questionable

• Suspicious transactions or activities are detected

• Reporting to UAE authorities is required

Data Retention for Compliance:

• KYC/AML documentation: Minimum 6 years from collection date

• Other personal data: 2 years unless longer retention required by law

13.3 User Consent

By using the websites and services, you consent to:

• Collection and processing of your personal data as described in our Privacy Policy

• Transfer of data to service providers and partners

• International data transfers as necessary for service delivery

• Processing for KYC/AML compliance purposes

• Retention of data per statutory requirements (6 years for KYC/AML, 2 years for other data)

13.4 Your Data Rights

Subject to AML/CFT retention obligations, you have the right to:

• Access your personal data

• Rectify inaccurate data

• Request erasure (where legally permissible)

• Object to processing

• Withdraw consent (where processing is based on consent)

To exercise these rights, contact: contact@rachelfinance.com

13.5 Data Security

We implement reasonable security measures, but cannot guarantee absolute security. You acknowledge the inherent risks of internet transmission.

In the event of a data breach likely to pose material risk to your rights, we will promptly notify you and, where required, the UAE Data Office, in accordance with PDPL requirements.

14. INTERNATIONAL USERS AND JURISDICTIONAL COMPLIANCE

14.1 Availability

Our websites are operated from the United Arab Emirates under IFZA License No. 24394. We make no representation that:

• Content is appropriate or legal in your jurisdiction

• Services comply with your local financial regulations

• Investment products or recommendations are available or legal in your country

• We hold any licenses or registrations outside the UAE

14.2 User Obligations

If you access the websites from outside the UAE:

• You do so at your own initiative

• You are responsible for compliance with local laws

• You must verify that use of our services is legal in your jurisdiction

• You waive any claims based on your local laws that conflict with these Terms

14.3 Regulatory Compliance

We do not:

• Hold licenses or registrations in jurisdictions outside the UAE

• Provide services regulated by foreign financial authorities

• Guarantee compliance with foreign investment regulations

If your jurisdiction requires licensing for our services, you acknowledge this and assume all responsibility.

14.4 EU and UK Users - Additional Notices

For users in the European Union or United Kingdom:

• Our services are provided from the UAE and are not actively marketed or targeted to EU/UK residents

• We do NOT hold MiFID II, ESMA, or FCA authorizations

• Our content may NOT comply with EU/UK financial promotion requirements

• We do NOT provide passported services under EU financial services directives

• By using our services, you confirm:

  • You approached us on your own initiative

  • You understand we are not EU/UK regulated

  • You accept UAE jurisdiction exclusively

  • You waive any EU/UK consumer protection claims that conflict with these Terms

For French residents specifically:

• We are NOT registered with the AMF (Autorité des Marchés Financiers)

• Our services are NOT subject to French financial advisory regulations

• You acknowledge accessing our services voluntarily from France

• You accept exclusive UAE jurisdiction and waive French court jurisdiction

15. GOVERNING LAW AND JURISDICTION

15.1 Applicable Law

These Terms and Conditions are governed exclusively by:

• The laws of the Dubai International Financial Centre (DIFC), or

• The federal laws of the United Arab Emirates

• Without regard to conflict of law principles

15.2 Exclusive Jurisdiction

You irrevocably agree that the courts of Dubai, United Arab Emirates, shall have exclusive jurisdiction to resolve any disputes arising from:

• These Terms and Conditions

• Use of the websites or services

• Any related transactions

You waive any objection to venue or jurisdiction in Dubai courts.

16. DISPUTE RESOLUTION

16.1 Informal Negotiation

Before initiating formal proceedings, parties shall attempt to resolve disputes through good-faith negotiations for 30 days.

16.2 Mediation

If negotiation fails, parties agree to mediate the dispute through:

• DIFC-LCIA Arbitration Centre mediation services, or

• Another recognized mediation service mutually agreed upon

16.3 Arbitration

If mediation fails, disputes shall be resolved by binding arbitration under:

• DIFC-LCIA Arbitration Rules, or

• Dubai International Arbitration Centre (DIAC) Rules

Arbitration Terms:

• Seat: Dubai, United Arab Emirates

• Language: English

• Number of arbitrators: One (for claims under $100,000) or Three

• Arbitrator selection: Per applicable rules

• Award is final and binding

16.4 Class Action Waiver

You agree that:

• All disputes must be brought individually

• You waive the right to participate in class actions

• You waive the right to jury trial (where applicable)

• Arbitration proceedings are confidential

16.5 Exceptions to Arbitration

Either party may seek:

• Injunctive relief in courts for intellectual property violations

• Emergency relief to prevent irreparable harm

17. LIMITATION OF LIABILITY - ENHANCED

17.1 Maximum Liability Cap

To the fullest extent permitted by applicable law, HESTIA CORPORATION FZCO's total aggregate liability for all claims shall NOT exceed:

• For paid services: The amount you paid in the 12 months preceding the claim

• For free services: $100 USD

17.2 Excluded Damages

We shall NOT be liable for:

• Indirect, incidental, or consequential damages

• Loss of profits, revenue, or business opportunities

• Loss of data or information

• Business interruption

• Personal injury (except as required by law)

• Emotional distress

• Punitive or exemplary damages

17.3 Basis of Bargain

You acknowledge that:

• These limitations are fundamental to our agreement

• We would not provide services without these limitations

• Service fees reflect these risk allocations

• You have been advised to obtain insurance for risks we do not cover

18. INDEMNIFICATION

18.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless HESTIA CORPORATION FZCO, its affiliates, officers, directors, employees, agents, and service providers from:

• All claims, demands, actions, or proceedings

• All liabilities, damages, losses, costs, and expenses (including legal fees)

Arising from or related to:

• Your use of the websites or services

• Your violation of these Terms

• Your violation of any law or regulation

• Your violation of third-party rights

• Your implementation of investment recommendations

• Your financial decisions based on our services

• Any content you submit to the websites

18.2 Defense and Settlement

We reserve the right to:

• Assume exclusive defense and control of any matter subject to indemnification

• Require your cooperation in defense

• Approve any settlement that affects our rights or interests

19. MODIFICATIONS AND UPDATES

19.1 Right to Modify

We reserve the right to modify these Terms at any time without prior notice. Modifications may include:

• Changes to services offered

• Updates to comply with legal requirements

• Adjustments to fees or payment terms

• Changes to dispute resolution procedures

19.2 Notice of Changes

• Material changes will be posted on the websites

• Continued use after changes constitutes acceptance

• You are responsible for regularly reviewing Terms

• We may (but are not obligated to) notify you via email

19.3 Rejection of Changes

If you do not agree to modified Terms:

• You must discontinue use of the websites

• Existing contractual obligations remain binding

• No refunds for pre-paid services

20. TERMINATION

20.1 Our Right to Terminate

We may terminate or suspend your access immediately, without notice, for:

• Breach of these Terms

• Illegal or harmful conduct

• Non-payment of fees

• Risk to our business or other users

• Any reason or no reason

20.2 Effects of Termination

Upon termination:

• Your right to access the websites ceases immediately

• All licenses granted to you terminate

• You remain liable for all obligations incurred

• Sections that by nature should survive will continue (liability limitations, indemnification, dispute resolution)

20.3 Data Retention

After termination:

• We may retain your data as required by law

• We may delete your account data without liability

• You have no right to retrieve content after termination

21. FORCE MAJEURE

We shall not be liable for delays or failures in performance resulting from causes beyond reasonable control, including:

• Natural disasters, pandemics, or acts of God

• War, terrorism, or civil unrest

• Government actions or regulations

• Internet or telecommunications failures

• Power outages or equipment failures

• Labor disputes or strikes

22. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable:

• That provision shall be limited or eliminated to the minimum extent necessary

• Remaining provisions shall remain in full force and effect

• Invalid provisions shall be replaced with valid provisions that best reflect the original intent

23. ELECTRONIC SIGNATURES AND COMMUNICATIONS

23.1 Electronic Signatures

The Parties agree that electronic signatures have full legal effect under UAE Federal Decree-Law No. 46 of 2021 (Electronic Transactions and Trust Services Law). Electronic signatures through platforms such as DocuSign, HelloSign, or similar services are legally binding and enforceable.

23.2 Electronic Records

Electronic records, timestamps, and platform logs constitute binding evidence of:

• Agreement execution and delivery

• Date and time of acceptance

• Identity verification of signatories

23.3 Email Communications

Email is recognized as a valid method for:

• Delivery of notices and legal communications

• Service of documents

• Confirmation of agreements

• Receipt acknowledgments

Communications to contact@rachelfinance.com are deemed properly delivered.

24. WAIVER

Failure to enforce any provision does not constitute a waiver of:

• That provision

• The right to enforce it in the future

• Any other provision

Waivers must be in writing and signed by an authorized representative.

25. ENTIRE AGREEMENT

These Terms, together with:

• Our Privacy Policy

• Professional Services Agreement (for portfolio services)

• Any course-specific terms and conditions

• Any other written agreements executed between the parties

constitute the entire agreement between you and HESTIA CORPORATION FZCO, superseding all prior understandings, agreements, representations, or warranties, whether written or oral.

26. ASSIGNMENT AND TRANSFER

• You may NOT assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent

• Any attempted assignment by you without consent is void

• We may assign, transfer, or delegate our rights and obligations without restriction to:

  • Any affiliate or subsidiary

  • Any successor in a merger or acquisition

  • Any third party in connection with business reorganization

Our assignment does not affect your rights under these Terms.

27. RELATIONSHIP OF PARTIES

The parties are independent contractors. Nothing in these Terms or in the provision of services creates, implies, or shall be construed as creating:

• A partnership or joint venture

• An agency or employment relationship

• A brokerage or custodial relationship

• A fiduciary duty

• Authority to bind the other party

Specific to Portfolio Services:

• HESTIA CORPORATION FZCO does NOT act as your agent to place, execute, or manage investments

• We have NO authority over your investment accounts or assets

• We do NOT receive or hold any power of attorney

• All investment implementation is solely your responsibility

28. LANGUAGE AND TRANSLATION

In case of any conflict, inconsistency, or ambiguity between the English and French versions of these Terms, the English version shall prevail and govern in all respects.

Any translations provided are for convenience only and have no legal effect.

29. NOTICES

29.1 Notice Requirements

All notices, requests, demands, and other communications shall be:

• In writing (email is acceptable)

• Delivered to the addresses specified below

• Deemed effective as specified in Section 29.3

29.2 Contact Details

To HESTIA CORPORATION FZCO:

• Address: DSO-IFZA, IFZA Properties, Dubai Silicon Oasis, Dubai, UAE

• Email: contact@rachelfinance.com

• Attention: Legal Department

To Client:

• Address: As provided in your account registration or Professional Services Agreement

• Email: As registered in your account

29.3 When Notices Are Effective

Notices are deemed received:

• Hand delivery: Upon delivery

• Courier: Third business day after dispatch (within UAE); seventh business day (outside UAE)

• Email:

  • If sent on a UAE business day before 6:00 PM Dubai time: upon transmission

  • If sent after 6:00 PM or on non-business days: next UAE business day

29.4 Change of Contact Information

You must promptly notify us of any changes to your contact information. We are not responsible for failed communications due to outdated contact details.

For questions, concerns, or notices regarding these Terms:

HESTIA CORPORATION FZCO DSO-IFZA, IFZA Properties Dubai Silicon Oasis Dubai, United Arab Emirates

Email: contact@rachelfinance.com

Response Time: We aim to respond within 5 business days.