Article 1.                Definitions

1.1.              In these general terms and conditions, the following capitalised terms are defined as below, unless explicitly stated otherwise or the context indicates otherwise:

 

Account:                                 The account that the Customer has created for use of the Service;

 

App:                                       The mobile application called “Internet Politie” developed by Internet Politie;

 

Basic Subscription:                 The Agreement for which the Customer does not owe Internet Politie any compensation;

 

Service:                                 The service that Internet Politie provides to the Customer under the Agreement;

 

Extension:                              The extension for a web browser developed by Internet Politie;

 

Internet Politie:                        The user of these general terms and conditions: Internet Politie B.V., with its registered office at Jagerserf 7 in Ermelo, the Netherlands, registered with the Chamber of Commerce under Chamber of Commerce number 82700133;

 

Customer:                              The natural person who has entered into or wishes to enter into an Agreement with Internet Politie;

 

Notification:                            The notification:

- In the Extension or the App, stating that the website the Customer wishes to visit is a High-Risk Website;

- In the case of an e-mail message, stating that the e-mail message originates from a High-Risk Sender;

 

Agreement:                             The agreement between Internet Politie and the Customer to use the service;

 

Premium Subscription:            The Agreement for which the Customer does owe Internet Politie compensation;

 

High-Risk Sender:                   A sender of an e-mail message:

                                              - Who is or is believed to be a fraud; and/or

                                              - Who wishes to disadvantage or presumably wishes to disadvantage the recipient of the e-mail; and/or

                                              - Which contains a link to a High-Risk Website; and/or

                                              - Impersonating another sender, for example by using names, logos and/or the corporate identity of a third party.

 

High-Risk Website:                 A website:

- Where transactions have taken place or presumably have taken place in which customers have been disadvantaged, such as a rogue webshop; and/or

- Which is operated or believed to be operated by a criminal, fraudster or person with the intent to disadvantage others; and/or

- On which fraudulent acts or suspected fraudulent acts are performed; and/or

- The use of which poses a risk of causing the Customer to fall victim of fraud or another criminal offence;

- Impersonating another website, for example by using names, logos and/or the corporate identity of a third party.

 

In Writing/Written:                   In writing or by e-mail.

 

 1.2.            Unless the context dictates otherwise, terms defined in the singular also refer to the plural.

 

Article 2.                General

 2.1.            These general terms and conditions apply to all Agreements between the Customer and Internet Politie and to the use of the Service.

 2.2.            These general terms and conditions are published on the Internet Politie website.

 2.3.            Stipulations varying from these general terms and conditions may only be agreed on In Writing.

 2.4.            If one or more provisions in these general terms and conditions are null and void or may become null and void, the other provisions of these general terms and conditions remain fully applicable. The void or voided provisions will be replaced by Internet Politie, duly observing the objective and purport of the original provision(s) as closely as possible.

 2.5.            If Internet Politie does not always require strict compliance with these general terms and conditions, this does not mean that these general terms and conditions would not apply or that Internet Politie would lose the right to enforce strict compliance in future cases, similar or otherwise, of these general terms and conditions.

 2.6.            Internet Politie is entitled to unilaterally change these general terms and conditions and to declare the amended general terms and conditions applicable to existing Agreements. The Customer will be notified In Writing of the amended general terms and conditions and of the effective date. If the new version of these general terms and conditions is less advantageous to the Customer than the previous version and the Customer does not agree with the new version of the general terms and conditions:

a.        The Customer with a Basic Subscription will need to delete his Account and stop using the Service;

b.        The Customer with a Premium Subscription will have the right to cancel the Premium Subscription on the day on which the new version of the general terms and conditions comes into effect.

 

Article 3.                Offer

 3.1.            Every offer from Internet Politie is without obligation.

 3.2.            Internet Politie is not obliged to abide by its offers, if it is reasonably understandable for the Customer that the offer, or parts thereof, contain an apparent error or mistake.

 3.3.            Stated prices are in Euros and inclusive of VAT.

 3.4.            Stated prices do not automatically apply to future Agreements.

 

Article 4.                Conclusion of the Agreement

 4.1.            The Basic Subscription is concluded when the Customer:

a.        Has installed the Extension or downloaded the App; and

b.        Has created an Account; and

c.        Has clicked on the link included in the verification e-mail sent by Internet Politie to the Customer.

 4.2.            The Premium Subscription is concluded when the Customer:

a.        Has installed the Extension or downloaded the App; and

b.        Has created an Account; and

c.        Has clicked on the link included in the verification e-mail sent by Internet Politie to the Customer; and

d.        Has successfully completed the ordering process via the Internet Politie website.

 4.3.            The Agreement only be concluded after the user has ticked the box to confirm he agrees with these general terms and conditions.

 4.4.            After the Agreement has been concluded, Internet Politie will send the Customer confirmation thereof by e-mail.

 

Article 5.                Right of withdrawal for Premium Subscriptions

 5.1.            The Customer has the right to cancel the Premium Subscription within 14 days of taking out the Premium Subscription.

 5.2.            If, at the explicit request of the Customer, Internet Politie has started the implementation of the Premium Subscription during the withdrawal period, the Customer owes Internet Politie an amount that is proportional to that part of the commitment that has been fulfilled by Internet Politie at the time that the Customer invoked his right of withdrawal, compared to the full fulfilment of the commitment.

 5.3.            If the Customer exercises his right of withdrawal, Internet Politie will refund the costs already paid by the Customer for the Premium Subscription or, if Article 5.2 applies, part thereof, within 14 days.

 

Article 6.                Account

 6.1.            The information that the Customer enters when creating an Account must be correct and complete.

 6.2.            Internet Politie has the right to (temporarily) block the Customer’s access to his Account, if:

a.        The Customer acts in violation of these terms and conditions;

b.        The Customer acts unlawfully towards Internet Politie;

c.        It appears that the Customer is the administrator of a High-Risk Website or is a High-Risk Sender;

d.        An unauthorised third party uses the Account.

 6.3.            The Customer will be notified In Writing of a block as described in Article 6.2.

 

Article 7.                Subscriptions

 7.1.            The Basic Subscription is entered into for an indefinite period of time. The Customer can terminate the Basic Subscription at any time by deleting his Account in the Extension and the App.

 7.2.            When taking out the Premium Subscription, the Customer can choose between a Premium Subscription for an indefinite period or a Premium Subscription for 1 year.

 7.3.            In the case of a Premium Subscription for an indefinite period, the Customer is charged a monthly fee.

 7.4.            In the case of a Premium Subscription for 1 year, the Customer will be charged a single fee.

 7.5.            The Customer can cancel the Premium Subscription for an indefinite period at any time, with due observance of a notice period of 1 month.

 7.6.            The Premium Subscription for 1 year is automatically extended by 1 year after the end of the term, unless the Customer has cancelled the Premium Subscription towards the end of the term, with due observance of a notice period of 1 month. Once extended automatically, the Premium Subscription can be cancelled prematurely by the Customer at any time, with due observance of a notice period of 1 month. If the Customer cancels the automatically extended Premium Subscription prematurely, the annual amount already paid in advance will be refunded to the Customer in proportion.

 7.7.            After termination of the Premium Subscription, the Agreement is converted into a Basic Subscription.

 7.8.            If the Customer no longer wishes to use the Service, the Customer can delete his Account in the Extension and the App. If the Customer has deleted his Account and the Customer took out a Premium Subscription, the subscription costs remain due until the end of the Premium Subscription.

 

Article 8.                Performance of the Agreement

 8.1.            Internet Politie will perform the Agreement to the best of its knowledge and ability, based on the state of the art and technology known at that time.

 8.2.            The Service is made available to the Customer as is, without any form of guarantee. More in particular Internet Politie does not guarantee that:

a.        The Service operates without interruptions or errors;

b.        By using the Service, the Customer does not become a victim of fraud, a scam or other (internet) crime;

c.        A Notification is issued on every website that is a High-Risk Website or on every e-mail message that originates from a High-Risk Sender.

 8.3.            The Notification relating to a High-Risk Website is issued before the Customer can access the High-Risk Website.

 8.4.            The Service of a Notification being issued in the event of a High-Risk Sender is only offered to Customers who have taken out a Premium Subscription and this Service only relates to Gmail from Google. 

 8.5.            If no Notification is issued, it does not mean that the website that the Customer visits or that the e-mail message that the Customer receives is safe and the Customer should still be aware that the website that he visits may be a High-Risk Website or that the e-mail he received may be from a High-Risk Sender. 

 8.6.            The Notification is only advice.

 8.7.            Internet Politie can make changes and additions to the Service at any time, as a result of the technical evolution of the Service. Internet Politie guarantees an equivalent functionality and performance of the Service in the event of any changes to the specification.

 

Article 9.                Obligations of the Customer

 9.1.            The Customer at all times remains personally responsible for his Internet use, for any legal acts that he performs on a website and for his e-mail correspondence.

 9.2.            Ignoring/closing a Notification and any action of the Customer via the Internet is entirely at the risk of the Customer.

 9.3.            The Customer indemnifies Internet Politie against any third-party claims, for whatever reason, in connection with the Customer’s actions and conduct.

 

Article 10.             Invoicing and payment

10.1.            The Premium Subscription is invoiced in advance.

10.2.            The various payment options from which the Customer can choose are clearly stated on the Internet Politie website.

10.3.            If payment by direct debit has been agreed and the direct debit cannot be executed or is reversed, Internet Politie will send the Customer a payment reminder.

10.4.            If the Customer has not responded to the payment reminder, the Customer will be in default and owe the statutory interest in accordance with Article 6:119 of the Dutch Civil Code. In addition, after the Customer has been declared to be in default all judicial and extrajudicial collection costs will be payable by the Customer. The extrajudicial collection costs are determined in accordance with the Extrajudicial Collection Costs (Standards) Act.

10.5.            Any payments made by the Customer will first be applied to settle all interest and costs payable and secondly to settle invoices due that have been outstanding longest, regardless of the Customer stating that the payment relates to a more recent invoice.

 

Article 11.             Price change

11.1.            Internet Politie reserves the right to change the price for the Premium Subscription. If the price change is declared applicable to the Premium Subscription of the Customer, the Customer will be notified In Writing at least 2 months prior to entry into force of the new price and of the effective date.

11.2.            If the price is increased and the Customer entered into a Premium Subscription for an indefinite period of time, the Customer may cancel the Premium Subscription in accordance with Article 7.5.

11.3.            If the price is increased and the Customer has entered into a Premium Subscription for 1 year, the Customer has the right to cancel the Premium Subscription prematurely, starting on the day on which the price increase takes effect.

 

Article 12.             Contact

12.1.            For questions or complaints about the Service, the Customer can contact Internet Politie in the following ways:

a.        By completing the contact form on the Internet Politie website, see https://internetpolitie.nl/contact-ons/

b.        By e-mail: [email protected]

c.        By telephone: +31(0)854014383 

12.2.            The Customer can report a High-Risk Website or a High-Risk Sender for which no Notification has been issued to Internet Politie through the Extension or the App.

12.3.            Any questions or complaints will be dealt with by Internet Politie as soon as possible.

 

Article 13.             Liability and limitation period

13.1.            Internet Politie is not obliged to pay any compensation as a result of damage which is the direct or indirect result of:

a.        An event which is in fact beyond its control and therefore cannot be attributed to its acts and/or omissions, see also Article 14;

b.        Any act or omission of the Customer.

13.2.            Internet Politie is not liable for damage caused by hackers, computer viruses or a cyber attack.

13.3.            If, despite using the Service, the Customer has become the victim of fraud, a scam or other (internet) crime, Internet Politie is not liable for any damage or loss, such as financial and intangible loss suffered by the Customer as a result.

13.4.            Internet Politie is in no way liable for acts and/or omissions of third parties, including (internet) criminals.

13.5.            Internet Politie is not liable for the temporary unavailability of the Service.

13.6.            If a Notification is issued for a website that does not appear to be a High-Risk Website or for an e-mail message that does not appear to be from a High-Risk Sender, Internet Politie is not liable for any damage or loss that the Customer suffers as a result, such as missing information listed on the website or in the e-mail message.

13.7.            Internet Politie is not liable for damage caused by the use of the Internet, such as damage to a computer, mobile device or software, or for the costs of repairing this damage.

13.8.            Any liability of Internet Politie for consequential damage or loss is excluded. In this context, consequential damage or loss is in any case taken to mean: loss of profit, lost turnover, lost savings, costs incurred to prevent or determine consequential damage or loss, loss of data, business interruptions, losses due to delays, reputational damage and emotional damage.

13.9.            If Internet Politie were to be found liable for any damage or loss, or if the aforesaid limitation of liability is declared inapplicable by a court or other competent authority, any liability of Internet Politie will be limited to the amount that the Customer has paid for the Service, subject to a maximum of paid subscription costs for 1 year.

13.10.            The Customer is responsible for taking measures aimed to mitigate damage or loss.

13.11.            Internet Politie will only be liable if the Customer has given Internet Politie proper and timely notice of default in writing, setting a reasonable period for remedying the failure, and Internet Politie continues to fail imputably in the fulfilment of its obligations after that period.

13.12.            Any legal claim is prescribed by the passage of 1 year after the Customer has discovered or could reasonably have discovered the damage or loss.

 

Article 14.             Force majeure

14.1.            Internet Politie will not be obliged to fulfil any obligation, if prevented from doing so due to a circumstance not attributable to any wrongful act on its part, nor chargeable to Internet Politie in accordance with the law, any juristic act or generally accepted practice.

14.2.            Force majeure is deemed to exist if, for example, Internet Politie is prevented from fulfilling its obligations under the Agreement or the preparation thereof as a result of the Internet failing, a breakdown in e-mail traffic, a virus infection or computer intrusion by third parties, a power failure, weather influences, natural disasters, strikes, theft, fire, government measures, changes in legislation and regulations and errors in software or the (online) services of third parties.

14.3.            Force majeure includes a non-attributable shortcoming of a third party engaged by Internet Politie.

 

Article 15.             Dissolution

15.1.            Internet Politie is entitled to dissolve the Agreement, without judicial intervention and without being liable to pay any compensation, by means of a Written statement, if:

a.        The Customer does not or does not fully comply with the obligations under the Agreement and the Customer has failed to comply with notice of default in which the Customer is offered a reasonable period of time to remedy. If compliance is permanently impossible, a notice of default is not required;

b.        The Customer is declared bankrupt or a request to that effect is submitted in case the Customer is unable to pay his debts, if the Debt Restructuring (Natural Persons) Act is declared applicable to the Customer;

c.        In the event of any circumstances the nature of which means that performance of the Agreement is impossible or, in accordance with the criteria of reasonableness and fairness, performance can no longer be demanded, or in the event of any other circumstances in respect of which the unaltered continuation of the Agreement cannot reasonably be expected.

 

Article 16.             Intellectual property rights

16.1.            The copyright as well as all other intellectual property rights with regard to the Service are vested in Internet Politie.

16.2.            The Customer is granted a non-exclusive licence to use the Service.

 

Article 17.             Termination of services

17.1.            Internet Politie may decide to discontinue its services. If so, Internet Politie has the right to cancel the Agreement (prematurely). In such a case, the Customer will be informed well in advance of the date on which Internet Politie will discontinue its services. If Internet Politie cancels a Premium Subscription prematurely, any subscription costs already paid in advance will be refunded to the Customer in proportion. Internet Politie is not liable for any damage or loss suffered by the Customer as a result of Internet Politie discontinuing its services.

 

Article 18.             The processing of personal data

18.1.            Internet Politie processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the Customer can consult the privacy policy of Internet Politie, see [link to privacy policy on the website].

 

Article 19.             Advertisements

19.1.            By using the Service, the Customer agrees to advertisements being shown to the Customer. (Part of) the Service is financed by showing advertisements.

19.2.            By clicking on an advertisement, the Customer is led to the website of an advertiser. Internet Politie is not responsible for the way in which advertisers handle personal data of the Customer. For more information in this regard, the Customer is referred to the privacy policy of the relevant advertiser.

 

Article 20.             Applicable law, disputes and competent court

20.1.            All agreements between Internet Politie and the Customer are governed by Dutch law.

20.2.            The parties will only appeal to the courts after having made every effort to resolve the dispute by mutual consultation.

20.3.            All disputes arising from or related to the Agreement will be submitted exclusively to the competent court in the district where Internet Politie is located. After Internet Politie has invoked this stipulation In Writing against the Customer, the Customer will have 1 month to select the competent court according to the law to settle the dispute.