Terms and conditions
i. “Consumer”: a natural person who acts for purposes that are outside his trade, business, craft or professional activity;
ii. “Contract”: Any contract in which we commit to provide the Services to the Purchaser and where the Purchaser commits to pay for these Services;
iii. “Party/Parties”: you and/or us;
iv. “Professional Customer”: any natural or legal person in the capacity of Purchaser, acting for purposes within its business or professional activity;
v. “Purchaser”: every natural person or legal person who enters into a contractual relationship with Us, including, but not limited to Consumers and Professional Customers. Further also referred to as “you” or “your”;
vi. “Services”: all services offered for sale on the Website, also mentioned on the Website as ‘Proxyscrape Premium’;
vii. “Terms and Conditions”: these terms and conditions that apply to your purchase of Services from Us;
viii. “We/Our/Us”: means the company as referred to in Article 2 of these Terms and Conditions;
ix. “Website”: the website as a whole.
Who we are:
Thib BV (hereafter: “Proxyscrape” and “We”)
Company number (VAT-BE): 0749 716 760
E-mail address: firstname.lastname@example.org
3 APPLICATION OF THE TERMS AND CONDITIONS
3.1 The Terms and Conditions apply to all current and future sales of Services by Proxyscrape to the Purchaser. By using the Website, the Purchaser accepts these Terms and Conditions, as well as all other rights and obligations as stated on the Website.
3.2 These Terms and Conditions are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms and Conditions.
3.3 Proxyscrape reserves the right to amend and/or supplement the Terms and Conditions in the future. Any future changes will have no effect on existing Service orders and consequential agreements.
4 OFFER AND ACCEPTANCE
4.1 We offer Proxyscrape Premium so members have extra benefits and additional information over standard users of the Website. For more information on what Premium Membership means, We recommend that you check our Website.
4.2 Our online offer is presented with the utmost care. We provide information about the features of the Services. We provide this information to the extent technical resources permit Us.
4.3 In order to access the Premium part of our Website, you may be requested to complete the verification process, where you must explain how you use the proxies and which services you access with the proxies. We will do a background check, based on the information you gave us, to see if your data is linked to any illegal activities. If we suspect that you use our proxies for illegal purposes or the information you give us is insufficient, unclear or false, We have the right to deny access to the Premium part of our Website, temporarily or permanently.
4.4 We will not be held liable for the temporary or permanent unavailability of any Service on Our Website and/or for any damage that may result from the non-availability of a particular Service.
4.5 We select the offered proxies with utmost care, but we will not be held liable if certain proxies offered on the Website, do not work due to third party factors.
4.6 We have the option to impose specific conditions on a particular offer, such as a limited period of validity. Such specific terms and conditions only apply if they are explicitly communicated prior to the order.
4.7 If you accept these Terms and Conditions, you not only accept to the terms listed here, but you also accept not to use this Website or our proxies in violation of any applicable European or U.S. regulation.
4.8 If you do not respect the previous clause 4.7 and you use our proxies for an illegal purpose, We have the right to delete your account for the Premium part of our Website without a previous warning. In this case, We will not reimburse you for the time you paid for and didn’t get to use or for the resources you didn’t get to use.
4.9 If We receive complaints about you from our datacenters or from our partners, We have the right to delete your account for the Premium part of our Website without a previous warning. If We receive complaints from other companies or individuals about you, We will investigate the complaint and We may delete your account for the Premium part of our Website without previous warning. If We deleted your account, We will reimburse you for the time or the resources you had paid for and didn’t get to use.
4.10 To purchase a Service offered on our Website, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. We will send a confirmation of the order and the key to access the premium part of the Website within twenty-four (24) hours directed to the e-mail address specified by the Purchaser at the moment of ordering. The Contract shall be concluded as soon as the Purchaser has received the order confirmation e-mail issued by Proxyscrape.
4.11 The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Proxyscrape can make use of all electronic files available to prove the existence of the Contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
5.1 All prices are indicated in American Dollar and include VAT and other taxes. The individual Service price does not include the transaction costs. These costs will be communicated to you in the last step of the payment process.
5.2 The price as displayed on the confirmation of order is the final price to be paid. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Proxyscrape after the conclusion of the Contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
5.3 We have the right to change our prices at any time but commit to always apply the prices that was indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
6 PAYMENT TERMS6.1 Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our Website, which are: PayPal, Credit Card, Bitcoin, Ethereum, Litecoin, WebMoney, UPI, PayTM, AliPay, IDEAL, India Netbanking, UnionPay, Sofort, EPS, P24.
6.2 In the future, Proxyscrape can always expand the payment methods. These expansions will always be announced on our Website. We take all necessary precautions to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
6.3 We make use of the secured payment system of Coingate, Payssion and Paddle for the further processing of the payment. These closed security systems will process your payment details in an encrypted manner. Security measures are provided. These payments are subject to the general terms and conditions of Coingate, Payssion and Paddle which are solely responsible for the correct execution of the online payments.
6.4 We shall only send you the key as soon as we have received evidence from the payment system of the full payment of all amounts owed by the Purchaser.
7.1 Proxyscrape provides the Services with utmost care, in accordance with the standards of the industry and in accordance with these Terms and Conditions. The Purchaser must ensure that he provides us with accurate and complete information.
7.2 The Purchaser accepts that the key is a personal key. If the Purchaser decides to share his key with third parties he must ensure that these third parties respect our conditions and he will be held responsible for the actions of these third parties with his key.
7.3 The access to the Service shall begin once the order confirmation has been sent and the Purchaser received the key to login to the premium part of the Website.
7.4 The Purchaser is responsible to make the delivery possible at the indicated email-address. A delivery is performed as soon as the ordered Services are offered at the indicated e-mail address. If a delivery is unsuccessful due to a failure by the Purchaser (for example, if the given e-mail address is incorrect), we recommend you send Us an e-mail, so We can come to an agreement.
8 RIGHT OF WITHDRAWAL
8.1 Consumers, as defined in article 1 of the Terms and Conditions, have right of withdrawal. A Consumer can cancel the purchase within fourteen (14) days from the day following the delivery of the Service. A Consumer is not obliged to pay a fee or provide a motive. Of course, We would like to hear feedback so that We can improve our service.
8.2 However, since We are offering digital content, not supplied on a tangible medium, we cannot offer you a right of withdrawal. Before you can buy Our Service, you have to agree to waive your right of withdrawal.
8.3 Notwithstanding paragraph 8.2, Purchasers will be able to withdraw until three (3) days after their purchase and obtain a refund if they meet the following conditions:
- The purchase is not related to an account upgrade;
- The Purchaser hasn’t used more than 1 GB of traffic;
- Payment is made via credit card or PayPal;
- The purchase doesn’t exceed $100
- There has been no refund to the same Purchaser within the same calendar month.
9.1 To the extent permitted by law, We shall not be held liable for indirect or consequential damages. Unless excluded by mandatory law, We shall only be held liable for damages caused by our failure to comply with our obligations, if and to the extent that such damages are caused by our willful and serious misconduct. We are not liable for other errors.
9.2 Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.
9.3 You agree to indemnify us and hold us harmless against any and all claims and/or liabilities for anything done or omitted by you in the execution of these Terms and Conditions.
9.4 Should We nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Services purchased.
10 PROTECTION OF PERSONAL DATA
11 LINKS TO OTHER WEBSITES
11.1 Our Website may contain or provide hyperlinks or point to other websites and/or electronic communication portals maintained by third parties or may provide third party content on our Website by framing or other methods. Such a reference being made on our Website does not mean that there is any connection between our Website and theset hird-party websites nor that we (implicitly) agree with the content of those sites.
11.2 We do not guarantee or assume any liability for the accuracy, legality, completeness or quality of the content of these external websites linked to on our Website or of other electronic communication portals that are not under our actual control. These references are therefore to click at your own risk and responsibility. We are not liable for any damage resulting therefrom.
11.3 These external websites do not offer the same guarantees as we do. We therefor recommend you to carefully read the terms and conditions and privacy statement of these other websites.
12 INTELLECTUAL PROPERTY
12.1 Proxyscrape retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.
12.2 The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the Service or We have given you our permission.
13 FORCE MAJEURE
13.1 We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure is understood to be a situation in which the performance of our obligations, in whole or in part, whether or not temporarily, is prevented by circumstances beyond our control.
13.2 In the event of force majeure, these obligations will be suspended and We will make all reasonable efforts to limit the consequences of the force majeure situation. In the event of force majeure exceeding fourteen (14) days, either Party shall be entitled to terminate the Contract by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the Service paid by you and not delivered).
14.1 If any provision of these Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, such invalidity, nullity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In case of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the null, void or unenforceable provision (or part thereof) by an equivalent provision that complies with the spirit of these Terms and Conditions.
14.2 The fact that We fail to require the strict application of any of the provisions of these Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from demanding strict compliance with these provisions at a later date.
14.3 The Terms and Conditions shall always and exclusively apply to all present and future Contracts between you and us, except in the case of an express derogation. An express deviation is only valid to the extent that it is the result of mutual agreement between you and us which is explicitly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions remain fully applicable.
15 APPLICABLE LAW, ARBITRATION AND COMPETENT JURISDICTION
15.1 These Terms and conditions shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Contracts are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded.
15.2 In the event of any dispute regarding the execution or interpretation of these Terms and Conditions, Proxyscrape will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center (such as CEPANI).
15.3 All disputes relating to or arising from offers made by Proxyscrape, or Contracts concluded with it, will be submitted to the courts of the judicial district of Antwerp, Belgium.
15.4 A Consumer can also submit a dispute regarding the Terms and Conditions to an independent dispute resolution body. For more information: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
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