Instant Appstore

Terms and Conditions

Article 1. Applicability

1.1 In these general terms and conditions, the following definitions apply:
Subscription: any Agreement for (the use of) an Instant Appstore Service, whereby the amounts due are charged periodically; Content: (digital) information, such as text, data, tools, moving, still and graphic images, sound recordings, and information in any other form, such as games, advertising, and/or similar services; Consumer: a Customer who is not acting in the exercise of a profession or business; Service: the service provided by Instant Appstore. A mobile telecommunications/MCB service is offered or delivered that consists of making Content available, in any form whatsoever; Customer: the (potential) customer of Instant Appstore; Instant Appstore: a trade name of Instant Appstore; Affiliate: other types of advertising via (mobile) internet or other means of communication (this also includes publishers and websites) Agreement: any agreement on the basis of which Instant Appstore provides (one or more) Services; Instant Appstore, Netherlands, 3 Business Customer: a Customer who acts in the exercise of a profession or business.
1.2 These General Terms and Conditions replace all general terms and conditions that were declared applicable upon the conclusion of a previous Agreement.
1.3 These General Terms and Conditions apply to all online offers from Instant Appstore and to all agreements concluded online with Instant Appstore.

Article 2. Offers, orders and agreements

2.1 All offers from Instant Appstore are without obligation. Orders and acceptances of offers by the Customer are irrevocable.
2.2 An Agreement between Instant Appstore and the Customer is concluded after all information requested by Instant Appstore has been provided and Instant Appstore has confirmed the order to the mobile telephone number provided by the customer or on the screen of their mobile phone.
2.3 All relevant information regarding Instant Appstore and the services to be purchased as well as the applicable General Terms and Conditions can be found on the website(s) of Instant Appstore. The Customer is responsible for saving and printing the General Terms and Conditions if desired and for the accessibility of the saved version. Instant Appstore is not obliged to keep any archived agreement accessible to the customer.
2.4 The Customer guarantees that they have provided all information requested by Instant Appstore in connection with the Agreement completely and truthfully.

Article 3. Conformity

3.1 Statements from Instant Appstore with regard to performance, properties, etc. are only approximate and are without obligation.
3.2 Images, descriptions, photos, catalogues, advertising material, offers, and the information included on the website(s) of Instant Appstore, in any form whatsoever, do not bind Instant Appstore.

Article 4. Affiliate & Publisher Rules

4.1 Affiliates who promote an Instant Appstore service are obliged to adhere to the following conditions:
Do not place the Instant Appstore website(s) within other pages with incorrect and/or misleading information. The conditions must always be visible. Do not place pop-ups and toolbars above or in our landing pages with incorrect and/or misleading information. Do not use misleading pages and/or banners that contain links to Instant Appstore website(s).
4.2 Affiliates undertake the obligation to implement the provisions of these terms and conditions in accordance with good commercial practice, as well as to bring their conduct in line with what can be considered ethical in general and as a good representation of Instant Appstore.
4.3 Under penalty of appropriate measures, the affiliate is obliged to comply with:
the Dutch Advertising Code the Code of Conduct for Paid Mobile Internet Services any other relevant laws and regulations. If it is found that an affiliate does not comply with the above regulations, it will be closed as quickly as possible and at least within 24 hours.

Article 5. Intellectual property

5.1 Access to, use, and/or purchase of the (content of the) service by the customer does not result in any intellectual property rights being transferred to the customer.
5.2 The Customer only obtains a limited right of use of the (content of the) service and is aware of and accepts that additional license conditions may apply to that right of use, whether or not from third parties.
5.3 The customer indemnifies Instant Appstore and compensates Instant Appstore for the consequences of infringements of intellectual property rights of Instant Appstore or third parties, arising from use in violation of these conditions or the agreement.

Article 6. Prices

6.1 The (purchase) price payable by the Customer and additional costs for shipping, VAT, and any other costs or surcharges are clearly stated on the website(s) of Instant Appstore.
6.2 The prices stated on the website(s) of Instant Appstore are without obligation and are subject to changes.

Article 7. Subscriptions, rates, payment

7.1 Each subscription is entered into by the customer for an unlimited duration.
7.2 Instructions for this are stated on the website(s). In the event of termination, the parties do not owe each other any compensation or compensation other than the payment obligations outstanding at that time.
7.3 The customer will pay the amounts due for the service to the mobile network provider with which the customer has an agreement. The rates to be paid are increased by VAT and other government levies, unless stated otherwise.
7.4 Instant Appstore has the right to change rates unilaterally.
7.5 The details of Instant Appstore are decisive for determining the amounts due, unless the Customer proves that these details are incorrect.
7.6 All rates are due from the moment the agreement is entered into.
7.7 The customer grants the mobile network provider an authorization for direct debit for the service provided by Instant Appstore.

Article 8. Force majeure

8.1 If Instant Appstore is prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the execution of the agreement. In that case, the customer is not entitled to compensation for damage or costs.
8.2 Force majeure also includes the failure or late delivery of goods or services by third parties engaged by Instant Appstore.

Article 9. Reflection period

9.1 The statutory cooling-off period of Article 7:46c, paragraph 1, under f of the Dutch Civil Code does not apply to the service.

Article 10. Liability

10.1 Instant Appstore is not liable for any damage resulting from the conclusion or execution of an Agreement or the use of a Service, unless otherwise stated in this article.
10.2 Instant Appstore is only liable for direct damage to the Customer - which expressly does not include immaterial damage - caused by a shortcoming attributable to Instant Appstore - and per event or related events - up to a maximum of the invoice value of the service provided as a result of which or in connection with which damage has been caused.
10.3 Shortcomings in any form in the services of third parties, such as providers of mobile networks or services, are not attributable to Instant Appstore.
10.4 Instant Appstore excludes any liability for damage other than that stated in article 10.2.
10.5 Any claim against Instant Appstore, unless recognized by Instant Appstore, expires 6 months after the claim arose.

Article 11. Privacy

11.1 Instant Appstore respects the privacy of the Customer. Instant Appstore will process the Customer's personal data in accordance with the Privacy Statement that can be viewed on the Instant Appstore website. The Customer agrees to this processing of their personal data.

Article 12. Final provisions

12.1 The effect of any international treaty on the purchase of movable tangible property, the effect of which can be excluded between the parties, does not apply and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is expressly excluded.
12.2 All disputes between Instant Appstore and the Customer will be exclusively submitted to the competent court in the Netherlands.