Terms & Conditions
A. General
1. The Site is operated by Alfa Forensics GmBH (the “Company“).
2. These terms and conditions together with any other terms and policies
published on the Site (“Terms“) govern your (“You“ or “Your“) use of the
Services provided to You by the Company as well as Your use of the Site. These
Terms should be read carefully by You in their entirety prior to Your use of the
Services or the Site. Please note that these Terms constitute a legally binding
agreement between You and the Company.
3. These Terms incorporate the Company’s privacy policy (the “Privacy
Policy“); by agreeing to these Terms, You confirm that You also accept and
B. Definitions
4. In these Terms, the following words and phrases shall have (unless the context
otherwise requires) the meaning set out beside them:
- “Collection Services” means any collection services aimed to collect the
Funds. - “Extended Report” means a report that includes all transactions made
with respect to the Funds from the transfer made by You to the Merchant
(directly or indirectly) until the last available transfer of the Funds as of
the date of the Extended Report (or as provided in the Extended Report). - “Funds” means funds transferred to You, directly or indirectly, to the
Merchant. - “Limited Report” means a report that includes the financial profile of the
Merchant. - “Merchant” the business with which You engaged and to which You
transferred the Funds, directly or indirectly. - “Report” means the any of the reports provided by the Company to You,
including, but not limited to, the Extended Report and the Limited Report. - “Restricted Territories” means any jurisdiction in which the Site and/or
Services are not available at the Company’s sole and absolute discretion. - “Services” means any products and services provided by Us to You
(including, but not limited to, the Reports); for the avoidance of doubt, the
Services do not include any Collection Services. - “Site” means the website and/or mobile site which is located at www.alfa-
forensics.com. - “Transaction” means the transaction(s) via and/or in connection with
which You transferred the Funds, directly or indirectly, to the Merchant. - “We”, “Our” or “Us” shall mean the Company as well as any of its
subsidiaries, affiliates, employees, shareholders, owners, directors,
officers, agents, suppliers, consultants and contractors.
C. Binding Effect
4. By using the Site and/or the Services, You agree to be bound by and to act in
accordance with these Terms, as they may be updated from time to time by
the Company at its sole and absolute discretion, without any reservation on
Your part.
5. The Company reserves the right to amend these Terms at any time, at its sole
and absolute discretion. The Company will notify You of any amendments to
these Terms by posting the amended Terms on the Site; for the avoidance of
doubt, the Company is under no obligation to notify You of the amendments in
any other form or manner. If You do not wish to be bound by such amended
Terms You must stop using the Site and Services prior to such amendment
entering into force. If You continue to use the Site or Services after such
amended Terms enter into force, You shall be deemed to agree to such
amended Terms and will be bound by them.
6.These Terms, together with the Privacy Policy, supersede all prior agreements
in relation to this subject matter and constitute the entire and whole
agreement between You and the Company. You confirm that, in agreeing to
accept these Terms, You have not relied on any representation by Us.
D. Who is Entitled to Use the Site and/or Services
7. You may use the Site and/or Services only if You do not violate any law or
regulation as a result of using the Site and/or Services. In this context, You
agree that if You reside or are present in any jurisdiction that prohibits using
the Site and/or Services as provided by the Company (including without
limitation in any of the Restricted Territories) You shall not use the Site
and/or Services. You represent, warrant and agree that Your use of the Site
and/or Services will comply with all applicable laws, statutes and regulations.
It is Your responsibility to ensure that You comply with any and all laws
applicable to You before using the Site and/or Services. You should consult
with legal counsel in the applicable jurisdiction about the legality of Your use
of the Site and/or the Services. You shall be solely responsible for determining
whether Your use of the Site and/or Services is legal in the place where You
live and/or use the Site and/or Services. You may use the Site and/or Services
solely for Your personal and non-commercial use.
8.The Site and Services are intended only for persons who are not prohibited by
the laws of any applicable jurisdiction from using the Site and/or Services as
offered by the Company. The offering or availability of the Site and/or Services
shall not be deemed or interpreted as an offer or invitation by Us to use the
Site and/or Services, if You reside in a place in which such use is currently
forbidden by law (including without limitation the Restricted Territories), or
where the Company, at its sole and absolute discretion, elects not to offer the
use of the Site and/or Services. We make no representations or warranties,
express or implied, concerning the legality of the Site and/or Services and/or
of any person’s use of the Site and/or Services, and shall not be responsible
for any illegal use of the Site and/or Services by You.
E. Representations and Warranties
9. By using the Site and/or Services, You hereby represent, warrant,
acknowledge and undertake towards Us that (a) You are of sound mind and
You are capable of taking responsibility for Your own actions; (b) You are
above the age of 18 or the age of legal consent in Your jurisdiction, if the latter
is higher; (c) it is Your responsibility to read and understand the rules of the
Site and Services and that You fully understand these rules; (d) You have
verified and determined that Your use of the Site and Services does not violate
any laws or regulations of any jurisdiction that applies to You; (e) all
information and documentation You provide Us, including, but not limited to,
relating to and/or concerning You, the Funds, the Merchant and/or the
Transaction are true and accurate, and You shall not omit any information and
documentation that has any impact on the Services; (f) You will use the Site
and Services in good faith towards the Company; (g) You shall not make any
charge backs and/or deny or reverse any payment made by You in connection
with the Services, and You shall reimburse Us for any loss and/or damage We
incur as a result of any such action, and in any event You will promptly pay any
and all of Your debts to Us; (h) You shall indemnify Us and hold Us harmless,
from and against any and all direct and indirect claims, liabilities, damages,
losses, costs and expenses, including legal fees, arising out of or in connection
with any breach of these Terms by You, and any other liabilities arising out of
Your use of the Site and/or Services; and (i) the means of payment You
provided information about to the Company in connection with any purchase
of Services are owned by You and in Your name (or the owner of the means of
payment provided You with all required consent to use these means of
payment for the purchase of Services, and You are acting within the confines
of that consent), was not stolen or reported as lost and there are sufficient
funds with such means of payment to pay for such Services.
10. You may use the Services solely for Your own benefit. You may not use the
Services for the benefit of any other third party, regardless of whether You
obtained the consent of such third party. You may not sell the Services to any
other third party. You may not charge any consideration from any third party
for the use of the Services.
11. We are not obligated in any form or manner to validate any of Your
representations and warranties, including, but not limited to, in respect of any
consent granted to You according to such representations and warranties.
F. Purchase of Services
12. When You place an order to purchase a Service, You make an offer to purchase
such Service, subject to these Terms. You may order the Limited Report
and/or the Extended Report. The Company, at its sole and absolute discretion,
shall determine whether to provide You some or all of the Services, or
whether to reject Your order altogether, for any reason whatsoever or for no
reason.
13. Your order is accepted and a contract between the Company and You is
formed only after the Company confirms Your order. All details concerning the
Services and/or their attributes are subject to change, even after placing the
order.
14. All payments for the Services must be made in advance. The Company is under
no obligation to provide You any Service prior to receiving the entire payment
for such Service.
15. The Company will strive to provide You with the Limited Report within three
to five business days from receiving (a) the payment for such report, and (b)
all information required by the Company in order to provide You with the
Limited Report. The Company will strive to provide You with the Extended
Report within 30 days from receiving (a) the payment for such report, and (b)
all information required by the Company in order to provide You with the
Extended Report.
16. You will bear any and all fees, commissions, taxes, charges and levies
associated with purchasing the Services (“Taxes“). Without derogating from
the provisions of Sections 15 & 16, the Company shall not provide You with
the purchased Service until all Taxes are paid in full by You.
17. We make no warranty or representation that any of the Services will cause the
repayment of some or all of the Funds to You. The provision of the Services
does not provide any guarantee that You will be able to receive any or all of
the Funds. The Services purchased are for the provision of the Reports and not
for the successful repayment of the Funds to You; hence, the Services are
considered provided if the Company provides You with the Reports, even if
You are not successful in obtaining the Funds.
18. For the avoidance of doubt, the Reports will not, on their own, cause the
repayment of the Funds to You, but are a tool that can be used in order to
attempt to do so. In order to do so, You will be required to employ additional
efforts, which include, but are not limited to, initiation of legal proceedings,
enforcement, collection, recovery and/or filing complaints with applicable
authorities.
19. The Company may offer You Services beyond the Reports; any such Services
areprovidedonacase-by-casebasis.
G. Refunds
20. If you are not satisfied with the Services, please contact the Company at
reasons why You are not satisfied with them. After the Company receives such
details, You will be contacted by the Company‘s support team. Any
dissatisfaction with any of the Services must be notified by You to the
Company within 10 days from the date You received the Services.
H. Powers and Authorities of the Company
21. The Company shall make commercially reasonable efforts to prevent any
malfunctioning in the Site’s activity and the Services. However, in any event of
a technical failure (or any other error) in the Site and/or Services for any
reason whatsoever, the Company will be entitled to cancel the applicable
Services and/or order placed by You. In such an event, Our responsibility and
liability will be limited only to the payment made by You in connection with
any cancelled order.
22. The Company shall be entitled, at its sole and absolute discretion, to amend,
modify, cancel, terminate, suspend and/or discontinue any of the Services
and/or the Site, as well as introduce new Services. We shall not be liable for
any loss suffered by You resulting from any act taken by the Company in
accordance with this Section and You shall have no claims against Us in such
regard.
I. Reservations concerning Our Responsibility
23.We shall not be held responsible, in any form or manner, in connection with
and/or as a result of, any act and/or use of any power and/or authority as provided to Us in these Terms, and/or in connection with any damage of any
form or kind suffered by You as a result, and You shall not be entitled to any
compensation, refund and/or reimbursement. You hereby waive any and all
claims You may have in this respect.
24. We are not responsible for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of the Services,
information and/or documentation and/or any direct or indirect loss which
arises from these occurrences. We are not responsible for any problems or
technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers,
systems, servers or providers, computer equipment, software or email on
account of technical problems or traffic congestion on the internet or at any
web site, mobile site or mobile application. We shall not be responsible or
liable to You in the event of systems or communications errors, bugs or
viruses relating to the Services and/or Site or which will result in damage to
Your hardware and/or software and/or data.
25. In no event shall We be liable for any direct, indirect, incidental, special or
consequential damages or for loss of profits, revenue, data or use incurred by
You or any third party, whether in an action for contract or tort or any other
legal theory, arising from the access to, or use of, the Site and/or the Services.
26. We shall have no liability with respect to any damage or loss that was caused
due to reliance, of any type, on the information or any other publication or
content appearing at the Site.
27. We shall have no liability with respect to any damage or loss that was caused
due to any actions of any third party.
28. We will not be responsible for any damage or loss You shall incur as a result of
Your use of or reliance on any website, mobile site and/or mobile application
to which links appear on the Site, and/or any content appearing in such
website, mobile site and/or mobile application. We will not be responsible for
any third-party content appearing in the Site.
29. The Site and Services are provided “as is”, and We make no warranty or
representation, whether express or implied (whether by law, statute, or
otherwise), including but not limited to warranties and conditions of
merchantability, satisfactory quality, suitability, reliability, timeliness,
availability, fitness for a particular purpose, completeness or accuracy, non–
infringement of third parties’ rights or of applicable laws and regulation in
respect of the Site and/or Services, or that the Site and/or Services will be
uninterrupted, timely, secure or error-free, or that defects will be corrected, or
will be free of viruses or bugs or as to results or the accuracy of any
information through the Site and/or Services.
J. Indemnification
30. You will indemnify and hold Us harmless against all liabilities, obligations,
losses, damages, injuries, penalties, claims, suits, costs, actions, expenses and
disbursements (including legal fees), whether actual or contingent, which We
may suffer or incur as a result of any breach by You, directly or indirectly, of
any provision of these Terms, including, but not limited to, any obligations
and/or warranties under these Terms.
K. Intellectual Property
31.All the rights, including the intellectual property (i.e., patents, copyright,
trademarks, service marks, logos, trade names, know-how and any other
intellectual property), concerning the Site, and all of its content (including, but
not limited to, programs, files, video, audio, pictures, graphics, pictures, text
and software), and/or Services (collectively the “Rights“), are and shall
remain the sole and exclusive property of the Company. You may not use any
of the Rights without the express prior written approval of the Company,
except pursuant to these Terms, and You shall not, by using the Site, the
Services and/or otherwise, acquire any rights in and/or to any of the Rights.
32. Without derogating from the above, You are strictly prohibited from copying.
redistributing, publishing, modifying and/or translating the Services, (ii)
creating derivate works of the Services; and/or (iii) making any commercial
use of the Services.
L. Customer Support
33. You may contact the Company in connection with anything related to the Site
and/or the Services at any time via the Company’s customer support, which is
available at ![]()
info@alfaforensics.com
34. The Company will not tolerate any abusive behavior exhibited by You towards
the Company’s representatives. In the event that the Company, at its sole and
absolute discretion, deems that Your behavior has been abusive or derogatory
towards any of the Company’s representatives, the Company may, at its sole
and absolute discretion, cease to provide You with any of the Services.
M. Miscellaneous
35. These Terms and the relationship between You and Us shall be governed by,
and construed and interpreted in accordance with, the laws of England,
excluding their conflict of laws rules and provisions. You irrevocably submit to
the exclusive jurisdiction of the competent courts of London, England, with
respect to any dispute regarding the validity, breach, interpretation,
performance or otherwise arising out of or in connection with these Terms
and the relationship between You and Us.
36. The Company may transfer or assign any and all of its rights and obligations
hereunder to any third party; without derogating from the above, the Site
and/or the Services may be operated by third parties. You may not transfer,
assign or pledge in any manner whatsoever any of Your rights and/or
obligations under these Terms.
37. Nothing in these Terms shall: (i) create any agency, arrangement, trust or
fiduciary relationships or any similar relationship between You and Us; (ii)
create or confer any rights or benefits to any third party, and/or (iii) grant You
any security interest in any asset of the Company.
38. We may provide You with notices with respect to or in connection with these
Terms in an e-mail and/or via the Site, and such notice shall be deemed
received by You within 24 hours from the time it is provided in the aforesaid
manner.
39. No failure or delay on Our part in exercising any right, power, authority or
remedy thereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any such right, power or remedy preclude any other or
further exercise thereof or the exercise of any other right, power. authority or
remedy.
40. If any provision of these Terms is held by a court of competent jurisdiction to
be unenforceable under applicable law, then such provision shall be excluded
from these Terms and the remainder of these Terms shall be interpreted as if
such provision was so excluded; provided, however, that in such event these
Terms shall be interpreted so as to give effect, to the greatest extent consistent
with and permitted by applicable law, to the meaning and intention of the
excluded provision as determined by such court of competent jurisdiction.
41. The Terms have been drafted in the English language. In the event of any
discrepancy between the meanings of any translated versions of these Terms
and the English language version, the meaning of the English language version
shall prevail.