Terms & Conditions of ScamAcamadviser

Introduction

These terms of service (“Terms of Service”) apply to any products, tools, software, or services (collectively, the “Services”) owned, operated, or otherwise provided by ScamAdviser (“ScamAdviser”) to you. ScamAdviser is a tradename of Ecommerce Operations B.V., a company incorporated and registered in The Netherlands with company number 66717809. In these Terms of Service, “you” refers to the individual, organization, or company that concluded an agreement with ScamAdviser in respect of the Services.

Access

To use and access the Services authentication may be required. User credentials may not be shared with third parties, except for third parties that are engaged by you for use of the Services on your behalf. You are obliged to keep credentials secure and strictly confidential. ScamAdviser has the right to assume that all acts performed using these credentials are performed under your supervision and with your approval. You must notify ScamAdviser immediately if you suspect abuse and any other form of unauthorized use.

Responsibilities

You shall be solely responsible for the correct and lawful use and implementation of the Services and the subsequent use of any information you may acquire via the Services. ScamAdviser makes no representations in respect of quality and usability of data you may obtain via the Services. It shall be your responsibility to determine whether such data is fit and lawful for the purposes you intend to use it for. ScamAdviser has no obligation to develop, maintain, support, or assist you in realizing any integrations between the Services and other software you use.

Restrictions

You shall not use the Services in a manner that violates these Terms of Service or any applicable laws and regulations. You may not use Services in a manner that causes nuisance, hindrance, or loss and/or damage to ScamAdviser and third parties, including other users of the Services of ScamAdviser. You shall not access, store, distribute or transmit any information during the course of your use of the Services that (i) violates applicable laws and regulations or any guidelines issued by ScamAdviser; (ii) is libellous, defamatory, insulting, racist or discriminating, or incites hate; (iii) infringes third-party rights, in any case including but not limited to intellectual property rights; (iv) violates the privacy of third parties, in any case including but not limited to distributing third-party personal data without a valid legal basis; or (v) is otherwise illegal. If ScamAdviser takes notice of any use of the Service that violates these Terms of Service, ScamAdviser shall have the right to take measures to stop the (suspected) unlawful or unauthorized use and shall not be liable for any damage resulting from measures taken. ScamAdviser may recover from you any loss or damage sustained as a result of your breach of the Terms of Service. You warrant that any information, statements, or claims submitted by you to the Services, including domains and associated information reported by you to be added to a (public) warning list, are fully correct. You shall indemnify and hold ScamAdviser harmless against all third-party claims pertaining to loss and/or damages arising from your breach of these Terms of Service.

Availability and maintenance

ScamAdviser will make reasonable efforts to provide you with (continued access to) the Service and will do so with due observance of sufficient care and expertise. ScamAdviser does not warrant uninterrupted availability of the Services. In case of errors in the Services, ScamAdviser will strive to resolve these as quickly as possible. ScamAdviser is entitled to perform maintenance on its Services and make changes to the Services. Such changes may result in change or loss of functionality of the Services. ScamAdviser will use reasonable efforts to notify you of planned maintenance in advance.

Fees and payment

Fees payable for the Services, if any, are specified in the agreement. All prices quoted by ScamAdviser are in euros, unless another currency is explicitly mentioned, and are exclusive of VAT and other government taxes and duties. Unless agreed otherwise, fixed fees are payable and invoiced in advance, and fees that cannot be calculated in advance, such as pay-per-use fees, will be invoiced monthly in arrears. ScamAdviser will issue invoices for amounts due and is entitled to invoice electronically. Invoices must be paid within thirty days after the invoice date. ScamAdviser has the right to increase its fees once per year in accordance with the consumer price index of the month June or the annual average of the index, of the previous calendar year (as published by Statistics Netherlands) plus a separate five percent.

Liability

ScamAdviser’s liability for loss and/or damages resulting from a failure in the performance of the agreement, an unlawful act or otherwise, is limited to the amount that you have paid under the last invoice immediately preceding the breach for the act giving rise to liability (exclusive of VAT) but will in any event not exceed the amount of two thousand euros on an annual basis. Any right to claim compensation is at all times subject to the condition that you notified ScamAdviser of the loss and/or damage in writing within no more than six months of discovery. Any limitation or exclusion of liability stipulated in this agreement will not apply in the event that the loss and/or damage is attributable to wilful misconduct or deliberate recklessness, death or bodily injury, or any other matter for which it is unlawful to limit or exclude liability.

Amendments

ScamAdviser may amend these Terms of Service at any time. ScamAdviser will announce changes to you in writing at least seven days before they take effect. If you do not want to accept the proposed changes, you may give notice to terminate the agreement against the date the changes become effective. Use of the Services after the effective date shall constitute your acceptance.

Term and termination

Unless otherwise stipulated otherwise, Services will be provided for an indefinite term. In such case, either party may terminate the Services by written notice taking into account a notice period of two months. If a Service is provided for a specified (minimum) term, the term shall upon expiry of this term subsequently be renewed with additional periods equal to the initial term. Either party may prevent such renewal by providing a written termination notice to the other party taking into account a notice period of two months. Services that are provided for a specified term or minimum term cannot be terminated by you in the interim. Section 7:408 paragraph 1 and 2 of the Dutch Civil Code do not apply. Termination or rescission will in no case affect amounts owed or payable to ScamAdviser and will not result in restitution of amounts paid to ScamAdviser. Services that are provided free of charge may be terminated by either party in writing at any time without notice to the other party being required.

Miscellaneous

Any agreement between ScamAdviser and you shall exclusively be governed by Dutch law. Any dispute in connection with or rising from the agreement will be submitted to the competent court in the Netherlands in the district where ScamAdviser has its registered office, unless ScamAdviser submits the dispute to a different competent court. In these Terms of Service, the words "in writing" or “written” also refer to communication via email, provided that the identity and the integrity of the contents of the communication can be sufficiently established. ScamAdviser is authorised to transfer the agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which the agreement is subject without further approval or cooperation from you being required.