Algemene voorwaarden

Thank you for visiting our website (the “Website”), where you found the link to these Terms and Conditions and our Privacy Policy. The Website is owned by us, and throughout this agreement, we refer to ourselves as “we,” “our,” or “us.”

By accessing the Website or placing an order for products and/or services through the Website (referred to as “Vendor Services” and together with Subscription Services, as defined below, collectively the “Services”), you agree to comply with these Terms of Use, the Privacy Policy, and any other operational rules, policies, price lists, and additional terms that may be published from time to time (collectively, the “Agreement”).

We encourage you to review the entire Agreement carefully. If you do not agree to all terms, you are not authorized to use the Website or Services in any way. Please note that access to the Website and/or our Services is prohibited for individuals covered under the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”). We reserve the right to deny access to the Services and/or Website at our sole discretion.

Scope and Modification of the Agreement

By using our Website, you agree to and accept the terms and conditions outlined in this Agreement. This Agreement constitutes the complete and exclusive understanding between you and us regarding your use of the Website, superseding any prior or simultaneous agreements, representations, warranties, or understandings related to the Website.

Please note that these Terms may be updated periodically. When changes occur, we will notify you of the updates and explain the available options. Your continued use of the Website and/or Services after such changes signifies your full acceptance of the revised terms and conditions. It is your responsibility to review this page regularly to stay informed of any updates or modifications.

Requirements

Access to the Website and the use of our Services are limited to individuals who are legally capable of entering into binding contracts under applicable law. The Website and Services are not intended for use by anyone under the age of eighteen (18). If you are under the age of eighteen (18), you are not permitted to access or use the Website or Services.

Description of the Services

Subscription Services

By agreeing to the terms and conditions of this Agreement and registering on the Website, you gain access to our Subscription Services, which may be available free of charge or for a fee, subject to our approval. These services include email content, text, and other materials (collectively referred to as “Subscription Content”) related to online marketing, provided by us and third-party providers (“Third Party Providers”). Please note that the Subscription Content does not constitute investment advice.

If you wish to stop receiving Subscription Content, please notify us via email. By using the Subscription Services and/or the Subscription Content, you acknowledge that we are not responsible for the accuracy, completeness, or suitability of the Subscription Content or Services. You also agree that we will not be held liable for any claims arising from the use of these services, whether by you, your users, or any third parties.

Vendor and Third-Party Services

By completing the necessary purchase order forms, you may acquire or attempt to acquire certain products and/or services through the Website. The descriptions of these products and/or services may be provided directly by the manufacturers or distributors, who are Third Party Providers. However, we do not guarantee the accuracy or completeness of these descriptions.

You acknowledge and agree that we are not responsible for any failure to obtain products and/or services through the Website, nor for any disputes with the sellers, distributors, or end-users regarding the products. Furthermore, we are not liable to you or any third party for any claims related to the products and/or services available on the Website.

General Registration Terms

When registering for the services on ImmediateAlphaApp, you are required to provide certain information, which may include, but is not limited to, the following:
(a) your full name;
(b) company name;
(c) email address;
(d) mailing address (and billing address if different);
(e) home phone number;
(f) work phone number;
(g) fax number;
(h) credit card information; and/or
(i) other relevant details requested in the registration form (“Service Registration Data”). It is a condition of registration that the information provided is accurate, up-to-date, and complete.

We reserve the right to reject any Service Registration Data at our sole discretion if it is determined that:
(i) you have violated any part of the Agreement, or
(ii) the information provided is incomplete, fraudulent, duplicated, or otherwise deemed unacceptable.

The criteria for Service Registration Data may be updated or changed at our discretion.

Unless stated otherwise, any future offers or features on the Website that enhance the existing services will be governed by these Terms and Conditions. You acknowledge and agree that we are not responsible or liable for any inability on your part to access or use the Services. Additionally, we are not liable to you or any third parties for any modifications, suspensions, or discontinuations of Services, products, or promotions offered by us or our Third-Party Providers. Should you choose not to use the Website, this will be your sole remedy in any dispute with us.

License Grant

By using ImmediateAlphaApp, you are granted a limited, non-transferable, revocable, and non-exclusive license to access and use the Website, its Content, and related materials in accordance with the terms of the Agreement. This license may be terminated by us at any time and for any reason. Your use of the Website and Content is restricted to personal, non-commercial purposes, on a single device. Reproducing, modifying, or integrating any part of the Website, Content, or Services into any information retrieval system, whether electronic or mechanical, is prohibited.

You are not permitted to copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, or Services, or any part thereof. Any rights not expressly granted in the Agreement are reserved by us. It is prohibited to use any device, software, or routine to interfere with or disrupt the proper functioning of the Website or to place an unreasonable load on our infrastructure. Your right to use the Website, Content, and Services is non-transferable.

Proprietary Rights

The Website, Content, and Services, including but not limited to their design, graphics, software, and content, are protected by copyrights, trademarks, and other intellectual property laws. Copying, redistributing, or selling any part of the Website, Content, or Services is strictly prohibited. Any automated retrieval of material from the Website or scraping of data to create a compilation, database, or directory without our express written consent is also forbidden.

By using the Website or Services, you do not gain any ownership rights to the content, software, or materials viewed. Posting materials or information on the Website or through the Services does not waive any of our rights to such materials. Our name, logo, and related graphics are our trademarks, and all other trademarks appearing on the Website are the property of their respective owners. Unauthorized use of any trademark is strictly prohibited.

Confidential Information

Confidential information refers to any proprietary details communicated, either verbally or in writing, that are marked as confidential or reasonably assumed to be confidential based on the context. This excludes information that: (1) is publicly known without any violation of confidentiality; (2) was previously known without restrictions on disclosure; (3) is independently developed without any breach of confidentiality; or (4) is lawfully obtained from a third party without any confidentiality obligations. Both parties agree to use confidential information only for fulfilling their obligations under the Agreement. Selling first-party data is prohibited without explicit consent.

The duty to protect confidential information expires one (1) year after the Agreement’s termination.

Hyperlinking, Co-Branding, "Framing", and Referencing the Website Prohibited

Without explicit permission from us, you are prohibited from creating hyperlinks to the Website or its components (including logos, trademarks, branding, or copyrighted material) on any external site. Additionally, you may not frame the Website or mention its URL in any media, whether commercial or non-commercial, without our prior written consent. You agree to cooperate with us to promptly remove or discontinue any unauthorized activity. Any damage resulting from these actions will be your responsibility.

Editing, Deleting, and Modification

We reserve the right, at our sole discretion and without prior notice, to modify, delete, or remove any content, documents, or information from the Website.

Disclaimer

The Website, Services, Content, and any third-party products from our providers are offered on an “as-is” and “as-available” basis. We disclaim all warranties to the fullest extent permissible under applicable law, including warranties of merchantability, non-infringement, and fitness for a particular purpose.

We do not guarantee that: (A) the Website, Services, Content, third-party products, or any services applied for will meet your requirements; (B) they will be uninterrupted, timely, secure, or error-free; (C) you will qualify for the services; or (D) the results will be accurate or reliable. The Website, Services, Content, and third-party products may contain bugs, errors, or limitations. We are not responsible for the availability of the internet connection for accessing the Website. No advice or information obtained from us or our third-party providers, whether oral or written, will create any warranty not explicitly stated in this Agreement

Disclaimer for Harm Caused by Downloads

Users assume all risks associated with downloading any materials from the Website. We do not guarantee that such downloads will be free from harmful computer codes, including viruses, worms, or other malicious software.

Limitation of Liability

You explicitly acknowledge and agree that we are not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, goodwill, or any other intangible losses. This applies to the maximum extent permitted by law and includes, but is not limited to:

(a) Issues arising from the use or inability to use the Website, Services, Content, or any third-party products obtained through the Website.
(b) Costs incurred in acquiring substitute goods or services due to any products, data, or services obtained from the Website.
(c) Failure to qualify for services or third-party products or subsequent denial of access to such products.
(d) Unauthorized access to or alteration of your registration data.
(e) Any other issues relating to the inability to use the Website, Services, or third-party products.

This limitation applies to all causes of action, including breach of contract, negligence, misrepresentation, and any other legal claims. By using our Website and Services, you release us and our third-party providers from any liability beyond the stated limits. If applicable law does not allow such a limitation, our maximum liability will be limited to $500.00. This exclusion of liability is a fundamental part of the Agreement between you and us, and the provision of the Website and Services would not be possible without it.

Indemnification

You agree to indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, and their respective members, officers, directors, employees, agents, co-branders, and other partners from any claims, damages, expenses (including legal fees), lawsuits, costs, demands, or judgments brought by any third party arising from: (a) your use of the Website, Services, or Content; (b) your breach of this Agreement; or (c) your violation of another individual or entity’s rights. These indemnification obligations benefit us and all our associated entities and individuals, who can enforce these provisions directly against you.

Third-Party Websites

The Website may contain links to external sites owned by third-party providers. You acknowledge and agree that we do not control these external websites and are not responsible for their availability or content. We do not endorse or assume liability for any content, services, terms, privacy policies, advertising, or other materials found on such third-party websites. Any loss or damage resulting from your interactions with these third-party resources is not our responsibility

Privacy Policy/Visitor Information

Your use of the Website, including any feedback, comments, information, or materials you submit, is governed by our Privacy Policy. We reserve the right to use and process any data related to your website activity, as well as any personally identifiable information you provide, in compliance with our Privacy Policy and applicable data protection laws.

Legal Warning

Legal Warning

Any attempt by individuals, whether customers or not, to harm, damage, tamper with, or disrupt the operation of the Website in any way will be treated as a violation of criminal and civil law. We will pursue all legal avenues to the fullest extent possible against any person or entity engaged in such disruptive activities.

Choice of Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. The parties agree to make reasonable efforts to resolve any disputes or claims arising from or related to this Agreement through negotiation. If a resolution cannot be reached, the parties will submit the dispute to confidential arbitration in London, with a sole arbitrator under the rules of the International Chamber of Commerce (ICC). The arbitrator’s decision will be final and binding. Neither party will seek to resolve the dispute in any other court or forum.

Data Protection Addendum

This Data Protection Addendum is a part of our Terms and Conditions, collectively referred to as the “Principal Agreement.” The terms defined in this Addendum apply only within the scope of this document. Any capitalized terms not specifically defined in this Addendum retain the meanings given in the main Agreement. Except for the modifications in this Addendum, the provisions of the original Agreement remain fully applicable. Both parties agree to incorporate the terms set forth in this Addendum as part of the existing Agreement. References to the Agreement in this Addendum include the main Agreement as amended by the terms of this Addendum.

1. Definitions

1.1. The following terms are defined for the purposes of this Addendum, and related terms are to be interpreted accordingly: 1.1.1. “Applicable Laws” refers to (a) European Union or Member State laws governing Personal Data under EU Data Protection Laws; and (b) any other relevant laws concerning Personal Data subject to other applicable Data Protection Laws. 1.1.2. “Controller” refers to the entity responsible for determining the purposes and methods for processing Personal Data. 1.1.3. “Data Protection Laws” includes EU Data Protection Laws and, where applicable, data protection or privacy laws of other countries. 1.1.4. “EU Data Protection Laws” includes EU Directive 95/46/EC, as it is implemented by each Member State’s domestic legislation, and as amended or replaced, including by the GDPR and laws supplementing or implementing the GDPR. 1.1.5. “GDPR” refers to the General Data Protection Regulation (EU) 2016/679. 1.2. Terms such as “Data Subject,” “Member State,” “Personal Data,” “Personal Data Breach,” and “Processing” have the same meanings as in the GDPR and should be interpreted in the same manner as the GDPR defines them

2. Collection and Processing of Personal Data

2.1. We will:

2.1.1. Comply with all applicable Data Protection Laws when processing Personal Data.

2.1.2. Ensure and confirm that:

2.1.2.1. We have obtained all necessary permissions and consents from relevant data subjects in accordance with Applicable Laws, allowing us to legally collect, process, and share Personal Data through the Services outlined in the Agreement, including this Addendum.

2.1.2.2. We will provide a clear mechanism to obtain consent from data subjects and allow them to withdraw consent, in line with Applicable Laws.

2.1.2.3. We will maintain records of consent and withdrawals of consent from data subjects, ensuring compliance with Applicable Laws.

2.1.2.4. We will publish, maintain, and adhere to a publicly accessible privacy policy.

2.1.2.5. We acknowledge our commitment not to offer the Services to individuals under the age of eighteen (18).

3. Security

3.1. Taking into account the latest technological advancements, implementation costs, and the nature, scope, context, and objectives of Processing, as well as the potential risks to the rights and freedoms of individuals, we will implement appropriate technical and organizational measures to ensure a level of security proportional to the identified risks. This will include, where relevant, measures outlined in Article 32(1) of the GDPR.

3.2. When assessing the appropriate level of security, we will particularly focus on the risks arising from Processing, especially those associated with a Personal Data Breach.

4. Subprocessing

4.1. By using the website, you authorize us to appoint Subprocessors (and to allow these Subprocessors to appoint additional Subprocessors) in compliance with this section and any restrictions outlined in the Agreement.

4.2. For each Subprocessor we appoint, we will ensure that the relationship with the Subprocessor is governed by a written agreement. This agreement will include provisions that guarantee a level of protection for Personal Data equivalent to the standards set out in this Addendum and meet the requirements of Article 28(3) of the GDPR.

5. Data Subject Rights

Considering the nature of the processing, we commit to assisting, where possible, in responding to requests to exercise Data Subject rights under the Data Protection Laws.

6. Personal Data Breach

6.1. As soon as we become aware of a Personal Data Breach affecting a Data Subject’s Personal Data, we will promptly notify the affected Data Subject without undue delay. This will be done in accordance with the obligations under Data Protection Laws. Additionally, we will assist in investigating, mitigating, and remediating each Personal Data Breach.

7. General Terms

7.1. The parties to this Addendum agree to adhere to the jurisdiction specified in the Agreement for any disputes or claims arising from this Addendum, including those concerning its validity, termination, or consequences of any unenforceability. The laws of the country or territory specified in the Agreement will govern this Addendum and all non-contractual obligations associated with it.

7.2. If any provision of this Addendum is found to be invalid or unenforceable, the remaining provisions will continue in effect. The invalid or unenforceable provision will either be (i) modified to ensure it is valid and enforceable while as closely as possible preserving the intent of the parties, or (ii) interpreted as if the invalid or unenforceable provision had never been included.