General Terms and Conditions Alf Investment Strategy (AIS)

  1. Definitions
    1. The following terms and expressions as used in these Conditions will have the following

    Agreement: any agreement between AIS and Customer, any amendment or addition thereto, 
    well as any acts for purposes of preparation or implementation of such agreement;

    AIS: the private company with limited liability Alf Investment Strategy B.V.;

    Conditions: these general terms and conditions of AIS;

    Consumer: any natural person, who purchases or wishes to purchase Services from AIS, 
    acting in the exercise of a profession or business;

    Content: (digital) content or information made available by AIS on a Platform, or other
    digital data carriers, including (but not limited to), (video) visual material, audio material, texts, 
    websites and other media;

    Customer: any natural person or legal entity purchasing goods and/or services from AIS;

    Force Majeure: any circumstances beyond AIS’ control that delay, preclude or render
    performance of all or part of its obligations vis-à-vis Customer impossible, or as a result of which AIS 
    cannot reasonably be required to perform its obligations, irrespective of whether such circumstances 
    for eseeable at the time of entering into the Agreement. Such circumstances will in any event include, 
    are not limited to: business interruptions, war, threat of war, state of siege, quarantine, epidemics, 
    shortage of raw materials, the unavailability of one or more employees, mobilisation, commotion, 
    frost, blocked shipping and other blocking of transport, stagnation in or failure of power, or
    or discontinuation of supplies by public utility companies, shortage of coal, fire, machine breakdown
    other accidents, strike, lockout, actions by employees’ organisations that render production impossible, 
    failure or unavailability of the internet, hosting, computer network or telecommunication facilities, 
    prohibitions on import and export, import and export control, government measures, and non-delivery, or
    non-punctual delivery, by third parties (including suppliers), for any reason whatsoever;

    Intellectual Property Rights: all rights, including future rights, in any patents, 
    inventions, models, designs, trademarks, trade names, logos, domain names, database rights, copyrights
    (including rights in software), portrait rights, moral rights, plant variety rights, (semiconductor)
    topography rights, rights in knowhow, and any other intellectual property rights and rights and forms of 
    protection with a similar effect, whether registered or unregistered, and including applications for 
    anywhere in the world;

    Parties: AIS and Customer jointly;

    Party: AIS or Customer;

    Platform: an electronic platform used by AIS for providing Content, which Customer can 
    access under a Subscription;

    Services: all services offered and/or to be provided by AIS;

    Subscription: an Agreement entered into between AIS and Customer for the provision of
    Services for a definite or indefinite term on a subscription basis.

  2. Applicability
    1. These Conditions apply to all offers by AIS and all Agreements, including all future offers and
    2. Deviations, additions, limitations and/or amendments to an Agreement and/or these Conditions are 
      only valid if (an authorised representative of) AIS has agreed to them in writing.
  3. Conclusion and contents of the Agreement
    1. Any offer made by AIS, in any form, is non-binding and without obligation. An Agreement between AIS
      and Customer is only valid from the moment AIS has confirmed an Agreement in writing to Customer, or 
      if AIS carries out the Agreement
    2. The Services are illustrated and/or described as clearly, fully and truthfully as possible, always 
      in so far as this can reasonably be required by AIS. However, apparent errors, omissions or mistakes
      in offers, on digital data carriers, websites folders and/or other kinds of publications (with 
      regard to, for example, data, prices, images, instructions, drawings) do not bind AIS.
    3. AIS is entitled to unilaterally amend these Conditions. AIS shall announce the amended 
      Conditions to Customer at least one (1) month before they take effect. Customer shall be bound by 
      the amended Conditions from the day they take effect. If the amendment of the Conditions is
      unfavourable to Customer, Customer is entitled to terminate the Agreement in writing before the 
      amendment(s) come into effect, with effect from the day on which the amended Conditions come into
  4. Duty to investigate, no personalized advice
    1. All information of and/or (general) advice given by AIS with regard to the Services, the Platform
      the Content, and/or the application possibilities thereof, are provided by AIS as-is without any 
      obligation, and 
      to the best of its knowledge and ability. Any information and/or (general) advice given by AIS does
      n’t absolve
      Customer from carrying out its own careful examination of the Services, the Platform and/or the 
      Content, and 
      whether the Services, the Platform and/or the Content correspond to the purpose or use intended by 
      Customer. Any 
      incorrect or incomplete (general) advice by and/or information from AIS shall not constitute grounds
      for any
      liability of AIS.
    2. AIS does not guarantee that the Services, the Platform and/or the Content it provides are suitable
      for the 
      purpose or result intended by Customer. This applies amongst others because of the situation that 
      the result of 
      the Services, the Platform and/or the Content depends on factors outside AIS’ sphere of influence 
      and control. 
      Careful application and/or use of Services, the Platform and/or the Content is the sole 
      responsibility of 
      Customer, without prejudice to the provisions in this Article 4.
    3. AIS does not provide any personalized (investment and/or financial) advice with its Services, the 
      and/or the Content. The Services, the Platform and/or the Content are provided to Customer for 
      purposes only. The Services, the Platform and/or the Content do not construe any offer or advice to 
      buy or sell
      a particular security or a solicitation of offers to buy or sell a particular security.
  5. Provision of services, subscriptions
    1. A Subscription commences on the date AIS confirms the start of the Subscription to Customer (e.g. by
      granting access to the Platform or Content).
    2. A Subscription is always continued on a monthly or yearly basis, unless another fixed term is 
      express ly
      agreed upon when the Subscription is concluded (e.g. quarterly). The Subscription will 
      (automatically) continue 
      with the selected fixed term until the Subscription is terminated by Customer pursuant to Article
      5.4. Customer 
      agrees to pay all fees owned until the moment that the termination of the Subscription comes into 
    3. Payment of the Subscription shall always be made by direct debit to the means of payment specified 
      by the 
      Consumer, unless agreed otherwise between the Parties. If no or insufficient payment is made by
      Consumer or the 
      agreed fee proves to be irrecoverable in any way, the Services offered by AIS will be suspended with 
      effect until Consumer has paid all fees owed to AIS.
    4. Termination (opzegging) of a Subscription will take effect on the date on which the next (monthly or 
      yearly) billing period would take place. The termination notice must be communicated via email and must have reached AIS no later than 
      three (3) 
      days before the start of the billing period to avoid the Subscription being renewed. Termination of a 
      can be done by sending an e-mail to or, if applicable, via the 
      termination option 
      on the website or on the Platform.
    5. AIS is allowed to change the terms and conditions of a Subscription at any time, and such changes
      shall be
      posted on the website, the Platform or otherwise communicated to Customer, at which point these 
      changes come 
      into effective immediately. If AIS changes the terms and conditions of a Subscription, and the 
      change involves a
      material change to the agreed performance, including a change to the agreed fee for the 
      Subscription, Customer 
      has the right to cancel the Subscription within one (1) month of the change taking effect.
  6. Pricing and payment
    1. The prices charged by AIS are in Euro and inclusive of VAT and/or any other government-imposed 
      taxes, but exclusive of transport costs, delivery costs and any packaging costs.
    2. Unless otherwise agreed between the Parties, and without prejudice to the provisions regarding a 
      Subscription in Article 5, all invoices of AIS shall be paid by Customer within fourteen (14) days 
      from invoice date.
    3. If Customer doesn’t pay an invoice within the period referred to in Article 6.2, Customer is in
      default without any prior notice of default being required.
    4. The information from AIS’ records or systems shall provide full evidence regarding the Services 
      provided by AIS and the fees owed by Customer, without prejudice to Customer’s right to provide 
      evidence to the contrary.
  7. Intellectual Property Rights
    1. All Content provided by AIS expressly remains the property of AIS and its licensors and suppliers. 
      AIS and its licensors and suppliers hold all the Intellectual Property Rights and other rights in
      respect of the Services, the Platform and Content. Unless expressly agreed otherwise in an Agreement 
      and/or in these Conditions, the provisions of an Agreement and these Conditions will not be 
      construed as a transfer or license to use granted by AIS or its licensors or suppliers of their 
      Intellectual Property Rights and other rights to Customer.
    2. During the term of an Agreement, and subject to Customer’s performance of its obligations under the 
      Agreement and these Conditions, AIS will grant Customer a limited, non-transferable, non-exclusive,
      revocable licence, non-sublicensable right to use the Platform, Content and/or Services for the 
      purposes pursuant to the relevant Agreement, unless agreed otherwise between the Parties. This 
      license is subject to the following restrictions and conditions, unless agreed otherwise between the
      • Customer will not copy or reproduce (information or data from) the Platform, Content and/or 
        Services in machine-readable, digital or printed form for backup or archiving or any other  purposes, save to the extent expressly permitted under the Agreement or required pursuant to 
        applicable laws and regulations;
      • Customer will not adjust, combine, translate, reverse-engineer, decompile, disassemble, 
        decode, access or otherwise modify or try to retrieve the source code or any other 
        information of the Platform, Content and/or Services;
      • Customer will not, either temporarily or permanently, sublicense, assign, novate, transfer, 
        give in lease, let or otherwise dispose of, or grant the use of, the Platform, Content 
        and/or Services to third parties;
      • Customer will not disclose (data or information in) the Platform, Content and/or Services in 
        any outsourcing, timesharing, public presentation (including but not limited to assisting 
        any third parties through a helpdesk) or service desk arrangements;
      • Customer will not provide, disclose, distribute, publish or make available any information
        or data from the Platform, Content and/or Services, to any third parties, or grant the use
        of or access to the Platform, Content and/or Services, or information or data from the
        Platform, Content and/or Services, to any third parties, save to the extent expressly 
        permitted under this Agreement or with the prior written consent of AIS;
      • Customer will not use the Platform, Content and/or Services for unlawful or illegal 
    3. AIS may, at its own discretion, take technical measures to protect the Platform, Content and/or 
      Services or with a view to the agreed restrictions in light of the of license as referred to in
      Article 7.2.
  8. Limitation of liability
    1. AIS will not be liable on account of default, wrongful act or on any other basis whatsoever for any
      indirect damage, consequential damage, lost profits, lost savings, reduced or lost goodwill, damage
      as a result of business stagnation, damage as a result of third-party claims, costs of attorney’s
      fees, corrupted or lost data, damage in connection with the use of any third-party items, 
      unavailability of systems (Platform, Content or Services), or lost opportunities as a result of or
      in connection with an Agreement.
    2. In the event of any liability on the part of AIS, AISs’ total liability for any damage, on any basis 
      whatsoever, will be limited to the amount due and paid by Customer under the Agreement to which the
      event causing the damage relates. In no event, however, will AIS’ total liability exceed an amount 
      of EUR 1,000.00 (in words: one thousand euros) per event or series of events with the same cause.
    3. The limitations of liability in this Article 8 shall not apply if and to the extent that the damage
      is the result of wilful intent or gross negligence on the part of AIS or its managerial staff.
    4. A condition for the emergence of any right to damage for Customer, regardless of the basis of that 
      liability, is always that the Customer reports the ground for damage to AIS in writing as soon as 
      possible, and no later than three (3) months after the damage arose, or at least within three (3) 
      months after the moment the damage could reasonably have been discovered, clearly stating the 
    5. The limitations of liability and indemnification in this article 16 will also extend to all of 
      AIS’s affiliates, management, directors, employees, agents, representatives, assigns and successors
      in title.
  9. Termination
    1. Without prejudice to the provisions of these Conditions and pursuant to the law, AIS will be 
      entitled to terminate (opzeggen) all or part of an Agreement with a notice period of one (1) month 
      if AIS decides to suspend or discontinue, or has suspended or discontinued its business operations, 
      Services, Platform and/or Content.
    2. Under no circumstances will AIS, in the event of termination of an Agreement, for any reason 
      whatsoever, be liable to repay to the Customer any considerations already due and paid for Services 
      rendered up to the effective date of termination, or to pay any damages or penalties to the 
    3. Unless expressly agreed otherwise between the Parties, on the effective date of termination of
      an Agreement:
      • any use right granted by AIS pursuant to the Agreement and/or these Conditions will 
        expire; and
      • Customer will promptly relinquish any other right granted to it pursuant to the Agreement
        and/or these Conditions;
    4. Any provisions of an Agreement and/or these Conditions that, by their nature, are intended to 
      survive termination will continue to apply in full not with standing termination. Such provisions will 
      in any event include, but are not limited to, Articles 4, 8 and 14 of these Conditions.
  10. Privacy
    1. AIS respects the privacy of Customer. Processing of Customer’s personal data is carried out in 
      a manner consistent with the requirements of privacy regulations, and more specifically in 
      accordance with AIS’ privacy statement which can be consulted via the website of AIS.
  11. Force majeure
    1. AIS will not be required to perform any obligation under an Agreement if precluded from doing 
      so due to Force Majeure. In the event of a situation of Force Majeure exceeding a period of thirty
      (30) days, either Party will be entitled to terminate the Agreement in respect of which the 
      situation of Force Majeure has occurred with immediate effect, without any entitlement arising on 
      the part of the Parties to damages. If any part of the obligations under an Agreement has already 
      been performed by AIS, the performed part will be proportionally due and paid by Customer.
  12. Third-Party Materials
    1. The Services may use, include, or make available third-party content (including data,
      information, applications, and other products, services, and/or materials) or provide links to
      third-party websites or services (“Third-Party Materials”). Customer acknowledges
      and agrees that 
      AIS is not responsible for Third-Party Materials, including their accuracy, completeness, decency, 
      timeliness, validity, compliance with Intellectual Property Rights, legality, quality, or any other 
      aspect thereof.  AIS shall not have any liability or responsibility to Customer or any other person
      or entity for any Third-Party Materials. Customer agrees that its access to and use of Third-Party 
      Materials is entirely at its own risk.
  13. Miscellaneous
    1. Customer will not be entitled to assign any Agreement, or its rights and/or obligations under 
      an Agreement, to any third party or to give any third party any right or interest in respect of an 
      Agreement, without the prior written consent of AIS.
    2. In the event that one or more provisions of an Agreement or these Conditions are declared null 
      and void, nullified or prove to be invalid, in any way whatsoever, it will be assumed that the 
      relevant provision does not form part of an Agreement or of these Conditions, the other provisions 
      of an Agreement or these Conditions will remain in effect, and the Parties will use reasonable 
      efforts to replace the void, nullified or invalid provision by a provision the substance, purport, 
      intent and scope of which remains as close to the void, nullified or invalid provision as possible.
    3. No failure by AIS to exercise its rights, immediately or otherwise, under an Agreement or 
      these Conditions will prevent AIS from exercising its rights at a later stage or constitute a waiver
      by AIS of its rights. Partial exercise of rights will not affect AIS’s right to exercise its other 
      rights at a later stage.
  14. Applicable law and competent court
    1. Any disputes that may arise as a result of or in connection with an Agreement, these 
      Conditions and the relationship between the Parties will be governed by the laws of the Netherlands, 
      with the exclusion of the principles of private international law and the UN Convention on Contracts
      for the International Sale of Goods of 1980 (CISG).
    2. Any disputes that may arise as a result of or in connection with an Agreement, these 
      Conditions and the relationship between the Parties will be submitted to the exclusive jurisdiction 
      of the District Court of Midden-Nederland, location Utrecht, the Netherlands, unless, in the event 
      that Customer is a Consumer, Customer informs AIS (within one month after AIS has invoked this
      clause in writing) that Customer chooses to submit the dispute to the court having jurisdiction 
      based on the law. The foregoing is without prejudice to AIS’s right at all times to submit the 
      dispute directly to the court that has jurisdiction based on the law.