Terms & Conditions
Terms&Conditions – November 2022
Weesperzijde 129, 1091 ER Amsterdam
info@ALPHA31.com – www.alpha31.com
Chamber of Commerce: 8185887
We recommend that you read these Terms and Conditions carefully. Together they describe the rights and obligations of ALPHA31 and of you as a participant in our classes. We may amend these terms and conditions. The most recent version can always be found on our website: https://alpha31.com/terms&conditions We advise you to come back every now and then and see if there is a new version.
1.1 ALPHA31 BV: This is a boutique gym where group exercise & Personal training classes are given.
ALPHA31 also operates an off- & online shop
1.2 Member: Anyone (a natural person) who has a Member Agreement with ALPHA31.
1.3 Member Agreement: This agreement is a framework agreement. Under the terms of this framework agreement, Packages or Memberships can be purchased. If a Package or Membership ends, the Membership Agreement will continue unless it is (also) terminated.
1.4 Package: A package entitles the Member to participate in a certain number of classes within the agreed period of validity. It can be (among others) a ‘First-time deal’, ‘Single class’, 5-Pack, 10-Pack and a 20-Pack.
1.5 Membership: A Membership entitles the Member to participate in a (unlimited) number of sessions per month.
1.6 Credit: The Credit or credit purchased by a Member via ALPHA31 App or Website to book and/or follow a class at ALPHA31 within the Term.
1.7 Classes (or sessions): Each (individual or group) class is given by or on behalf of ALPHA31. The Class can take place in the studio, online or elsewhere.
2.1 As soon as a person creates an account on an official website of ALPHA31(www.ALPHA31.com), signs up for a Membership, Package or buy’s a Personal Training” session, via either this Website or at any ALPHA31 location, they will become a Member and automatically accept these General Terms and Conditions, the General Terms and Conditions are deemed to form part of the agreement.
2.2 ALPHA31 reserves the right to refuse Members if it has a valid reason for doing so.
2.3 If any provision of these General Terms and Conditions is void or voided, the other provision of the Terms and Conditions will remain in full force and effect and the parties will consult in order to agree on new provisions to replace the void or voided provisions. In doing so, the purpose and intent of the void or voided provision will be taken into account as much as possible.
2.4 If ALPHA31 does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that ALPHA31 would to any extent lose the right to demand strict compliance with the provisions of these Terms and Conditions in other cases.
2.5 All provisions of these General Terms and Conditions have also been drawn up for the benefit of all directors of ALPHA31 and all persons working for ALPHA31 and/or engaged by ALPHA31.
2.3 Deviations from these General Terms and Conditions shall only be valid if such deviations have been expressly agreed upon and recorded in writing.
2.5 ALPHA31 may amend these General Terms and Conditions from time to time. The latest version shall always be the applicable version and shall always be available on the ALPHA31 website. Upon request, a copy of the General Terms and Conditions shall be provided free of charge.
3.1 ALPHA31 is authorized to amend the Terms and Conditions governing the Membership and Services at any point in time.
3.2 The Member is aware they are entering into the Membership for the agreed term as stated on the website, which begins on the date of the purchase of the first 4 (four) weeks of the membership.
3.3 A subscription is a Personal or Buddy* Membership and can only be transferred with the permission of ALPHA31. Such request has to be done in writing by the Member holding the Membership to the official email address of ALPHA31: firstname.lastname@example.org. ALPHA31 reserves the right to request Members for identification at any point while on the premises.
3.4 ALPHA31 offers 8 (eight) types of memberships:
A. ALPHA 1x a week – amounting 59 (fifty-nine) euros per 4 (four) weeks – minimum commitment 12 weeks of active membership.
B. ALPHA UNLIMITED 12 weeks – amounting 129 (one hundred and twenty-nine) euros per 4 (four) weeks – minimum commitment 12 weeks of active membership.
C. ALPHA UNLIMITED 52 weeks – amounting 109 (one hundred and nine) euros per 4 (four) weeks – minimum commitment 52 weeks of active membership.
D. ALPHA student 1x a week – amounting 49 (forty-nine) euros per 4 (four) weeks – minimum commitment 12 weeks of active membership.
E. ALPHA student 2x a week – amounting 89 (eighty-nine) euros per 4 (four) weeks – minimum commitment 12 weeks of active membership.
To qualify for the students membership(s), a copy of the student card must be emailed to email@example.com, and every 36 weeks hereafter to keep the membership active.
Buddy Membership (for 2 person)*
F. ALPHA 1x a week for 2 – amounting 99 (ninety-nine) euros (for two) per 4 (four) weeks – minimum commitment 12 weeks of active membership.
G. ALPHA UNLIMITED for 2 – 52 weeks – amounting 189 (one hundred and eighty-nine) euros (for two) per 4 (four) weeks – minimum commitment 52 weeks of active membership.
H. ALPHA UNLIMITED for 2 – 12 weeks – amounting 239 (two hundred and thirty-nine) euros (for two) per 4 (four) weeks – minimum commitment 12 weeks of active membership.
3.5 The period begins on the day of purchase of any Membership.
3.6 It might take two working days for Stripe (finance partner) to approve the periotic automated payment. To book classes during the approval period, send an email to firstname.lastname@example.org – Attn: Provide credits – include your name and studio address, and credits will be transferred to your account.
3.7 1 (one) and 2 (two) time(s) a week Personal membership(s) consist of the corresponding number of Credits placed on the Member’s account every 4 (four) weeks. The Credits expire when a new 4 (four) week period begins. The new Credits replace the old ones. Any remaining Credits after the termination of the Membership will expire and cannot be used as regular class credits.
3.8 Unlimited Personal memberships consist of 28 Credits placed on the Member’s account every 4 (four) weeks. The Credits expire when a new 4 (four) week period begins. The new Credits replace the old ones. Any remaining Credits after the termination of the Membership will expire and cannot be used as regular class credits.
3.9 A 1 (one) time a week Buddy membership consist of the corresponding number of Credits placed on both Member’s account every 4 (four) weeks. The Credits expire when a new 4 (four) week period begins. The new Credits replace the old ones. Any remaining Credits after the termination of the Membership will expire and cannot be used as regular class credits.
3.1.1 Unlimited Buddy memberships consist of 28 Credits placed on the Member’s account every 4 (four) weeks. The Credits expire when a new 4 (four) week period begins. The new Credits replace the old ones. Any remaining Credits after the termination of the Membership will expire and cannot be used as regular class credits.
3.1.2 During the opening hours of an ALPHA31 location, the Member is entitled to use all facilities of ALPHA31 within its operation.
3.1.3 The prices stated in Article 3.4 of these Terms and Conditions are inclusive of VAT. ALPHA31 is authorized at any time to adjust its rates in the event of any changes to the amount of the VAT.
3.1.4 The minimum commitment period of 12 weeks for the Personal and Buddy memberships lists
– ALPHA 1x a week (Personal)
– ALPHA UNLIMITED – 12 weeks (Personal)
– ALPHA student 1x a week
– ALPHA student 2x a week
– ALPHA 1x a week for 2 (Buddy)
– ALPHA UNLIMITED for 2 (Buddy)
3.1.5 The minimum commitment period of 52 weeks for the Personal and Buddy memberships lists
– ALPHA UNLIMITED – 52 weeks (Personal)
– ALPHA UNLIMITED for 2 (Buddy)
3.1.6 Subscription cancellation of 12 or 52 week Membership within the initial commitment period is not possible. All costs and damages caused by the unauthorized cancellation are the responsibility of the member.
3.1.7 Both ALPHA 12 and 52 week Memberships will be extended automatically after their initial commitment periods. After this initial period, a 4 week cancellation policy applies, requested by the Member to the official email address of ALPHA31: email@example.com.
4.1 Packages offered by ALPHA31 are listed on the ALPHA31 website.
4.2 Each Package entitles the Member to participate in the corresponding number of classes subject to the other provisions of these General Terms and Conditions.
4.3 ALPHA31 offers the following Packages:
A. First-timer deal: valid for the period as stated on the pricing page
B. Explore package: valid for the period as stated on the pricing page
C. 1 Workout: valid for the period as stated on the pricing page
D. 4 Workout: valid for the period as stated on the pricing page
E. 8 Workout: valid for the period as stated on the pricing page
F. 12 Workout: valid for the period as stated on the pricing page
G. 16 Workout: valid for the period as stated on the pricing page
A class must be booked and followed within the period of validity:
4.4 Validity period begins on the day of the purchase of the Package. Upon expiry of the period of validity of a Package, any remaining claims of the Member for one or more classes will expire. There will be no refund for non-used Credits.
4.5 For any (temporary) action Packages, a different period of validity may apply. For this, please refer to the applicable action conditions.
4.6 With the exception of the Intro Deal, it is not possible to share Packages. These are strictly personal.
4.7 In consultation with ALPHA31, a member may transfer his/her Package to a third party, provided there is a member agreement between this third party and ALPHA31. In the event of a transfer, the classes to which a right still exists must be booked and followed within the remaining period of validity.
4.8 ALPHA31 does not guarantee the availability of the classes. Participation always takes place on the basis of availability.
5. Personal Training
5.1 Personal Training sessions are only refundable if canceled by personally contacting the trainer no later than 12 (twelve) hours before the start of the session.
6. Right to Cancel/Reflection period
6.1 A Member, who has purchased a ‘First timer’ deal, ‘Single class’, Package, Membership or Personal Training online through the official ALPHA31 website, has the right to cancel their purchase at any time up to 14 (fourteen) days after the (online) purchase date. To cancel, a Member has to mail, e-mail or deliver a signed and dated letter in which the Member states that the Member is canceling the purchase. The Member should title the e-mail or letter with the title ‘Attention: Refunds’. Such note shall be sent to firstname.lastname@example.org or ALPHA31 B.V. Weesperzijde 129, 1091 ER Amsterdam.
6.2 ALPHA31 will cancel the purchased ‘First timer’ deal, ‘Single class’, Package, Membership or Personal Training and refund the Member the costs within 10 (ten) working days after receiving the notice of cancellation.
6.2 When the Member has attended a class or classes at ALPHA31 within the 14 (fourteen) days reflection period, ALPHA31 will only refund the unused Classes/Credits after receiving the notice of cancellation. This means that the Member will pay for the classes that the Member attended in the reflection period.
7. Termination by ALPHA3131
7.1 ALPHA31 is authorized to terminate the Membership in case:
A: If the Member has failed to complete a 4 (four) week payment.
B: If the Member withdraws the authorization for Direct Debit and/or a direct debit is rejected.
C: If the Member is declared bankrupt, applies for a moratorium (temporary or otherwise), has made debt settlement arrangements, or is placed under guardianship.
D: If the Member fails to comply with the internal rules provided in these Terms and Conditions, the Member may be refused or denied access to ALPHA31 and its facilities.
7.2 Termination of the agreement will not take place before the Member has been summoned to pay the expired term(s) and is therefore in default. ALPHA31 will, in principle, terminate the agreement with 3 (three) outstanding monthly instalments.
7.3 In the event of breaking the Member Agreement in ways as stated above (article 7.1 under A, B, C) the Member is obliged to compensate ALPHA31 for the resulting damage.
7.4 The damage in the event of termination of the agreement is fixed at a fixed amount equal to the monthly contributions/invoices not yet due for the entire agreed period.
8. Cancellation of a Membership by the Member
8.1 Cancellation of a Membership within the initial commitment period is not possible.
8.2 After the initial commitment period the Membership can be canceled at any time with a 4 week cancellation notice.
8.3 The cancellation has to be made in writing by sending a request to the official informational email of ALPHA31, namely info@ALPHA31.com or by letter to ALPHA31 B.V. Weesperzijde 129, 1091 ER Amsterdam. The Member has to confirm the cancellation after receiving the formal ending date of the Membership as stated by ALPHA31 according to Article 8.2 of these terms and conditions. Verbally requesting to terminate of the Membership at the reception or calling the front desk staff will be deemed as invalid termination requests.
Example 1: a Member has a Membership with a 52 weeks commitment, the initial Membership runs from June 12th 2022 until June 11th 2023. The Member would like the cancel the Membership before it automatically gets extended. This means the Member has to cancel the Membership before May 14 2023.
Example 2: the Member has a Membership running from June 12th 2022 until June 11th 2023. The Membership got automatically extended and can now be canceled at any time with a 4- week cancellation notice. The Member cancels his Membership on October 2nd 2023 by letter. The Membership will end on October 30th 2023.
8.4 Cancellation of a ‘First timer’ deal, ‘Single class’, Package, Membership or Personal Training is not possible after the stated 14 (fourteen) days when purchased online (Article 6).
8.5 A Member, or an official representative may cancel the purchase of a Membership, Package, Class, or Credit for any of the reasons listed below in the article 8.6. To do so, a written notice, either via e-mail or registered mail has to be sent to email@example.com or ALPHA31 B.V. Weesperzijde 129 1091ER Amsterdam with the title ‘Attention: Refunds’.
8.6 A Member may cancel Classes, Memberships, Packages, Credits or Personal Training in any of the following circumstances:
A. If a Member becomes disabled and, as a result, cannot physically participate in Classes purchased, and such condition is verified by a certified medical practitioner. ALPHA31 will then refund the purchase price of the unused class or classes.
B. If a Member dies, ALPHA31 will refund a representative the purchase price of the unused Class or Classes.
– If a Member moves their residence more than 30 kilometers from an ALPHA31 location. ALPHA31 will then refund the purchase price of the unused Class or Classes. Depending upon the residence of the Member, they may be charged a cancellation fee. All such refunds are subject to official proof of a change of address. This request requires the regular 4 (four) week cancellation policy as stated in Articles 8.2 and 8.3.
8.7 ALPHA31 provides a Buy-out option. If a Member requests to terminate ALPHA UNLIMITED 52 weeks Membership – and listed in article 3.1.5. – sooner than 52 (fifty two) weeks elapse, ALPHA31 will issue a one time buy out fee amounting to € 350,- (three hundred and fifty) euros, payable by the Member in one go. To request to terminate the UNLIMITED 52 weeks membership prior to finishing the 52 (fifty two) weeks of the commitment period, the procedures provided in Articles 8.2 and 8.3 of these Terms and Conditions apply.
9. Cancellation of Classes, attending Classes, Waiting list
9.1 If a Member wishes to cancel a reserved spot in a class, they may do so up until 12 (twelve) hours before the start of the applicable Class, and in such case, the Member’s unused Class (credit) will be returned to the Members account to be used on a future date.
9.2 A Member can cancel a reserved spot in the following ways:
A. Log into the personal account and, next to the Class wishing to be canceled, press ‘cancel’.
9.3 For Members running late: there will be no entry into the studio after the class has started.
9.4 For Members leaving early: if a member is planning on leaving early, ALPHA31 kindly requests that the Member informs the instructor ahead of time.
9.5 For Members coming to ALPHA31 for the first time: for safety reasons, an introduction to the Class is mandatory and is given 5 (five) minutes prior to the Class. First Timers must be present at the club no less than 10 (ten) minutes before the beginning of the class. Failing to join the introduction will result in no entry to the Class.
9.6 For Members on the waiting list: 12 (twelve) hours prior to Class, Members on the waiting list will be notified via push notification and or email about the possibility to book a Class due to the cancellation of another Member. If a Member receives such notification, they are responsible for actually making the reservation. Standard cancellation policies also apply.
10.1 Current prices of ‘First timer’ deal or ‘Single class’, Package, Membership or Personal Training are listed on the ALPHA31 website.
10.2 ALPHA31 reserves the right to change its prices. Such a price change has no effect on purchased Packages. Members with a current Membership will be informed of the price change by e-mail. The price change will be implemented at the next renewal of the Membership after the expiration.
10.3 ALPHA31 occasionally offers discounts on regular Membership fees during special promotions that are indicated on the website. These discount types are always applicable to the first 4 (four) weeks of the Membership only, unless specified otherwise on the actual promotion. Discounts can never be granted retroactively, and a discount on ALPHA membership listed in Article 3.1.4. has a minimum 12 (twelve) week commitment period including the first discounted 4 (four) weeks before it can be terminated under Articles 8.2 and 8.3 of these General Terms and Conditions.
10.4 ALPHA31 occasionally offers discounts on regular Membership fees during special promotions that are indicated on the website. These discount types are always applicable to the first 4 (four) weeks of the Membership only, unless specified otherwise on the actual promotion. Discounts can never be granted retroactively, and a discount on ALPHA membership listed in Article 3.1.5. has a minimum 52 (fifty two) week commitment period including the first discounted 4 (four) weeks before it can be terminated under Articles 8.2 and 8.3 of these General Terms and Conditions.
10.5 The expiration date of Classes/Credits is stated on the pricing page of the website and is subject to change at any point in time.
10.6 No rights can be derived from actions or special offers. These have no effect on current Memberships, Packages, or Credits.
10.7 All introductory offers, promotions, discounted credits or Memberships have an indication of their validity stated on the pricing page on the website, which may differ from standard Packages or Membership expiry. It is a Member’s individual responsibility to be aware of any changes in price or expiration of Classes/Credits after the introductory offers, promotions, discounted credits or when the Membership ends.
10.8 ALPHA31 reserves the right to charge full price in the event of an introductory offer, promotion or discount code on a duplicate basis to purchase a Class or series of Classes. Should ALPHA31 charge a Member full price, the Member’s rights to then cancel such Class or series of Classes and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. ALPHA31 reserves the right in its discretion to immediately cancel all accounts linked to the Member in such circumstances.
11. Payment (Memberships, Packages, ‘First timer’ deal, or Single class’)
11.1 The Membership fee must be paid by the member using SEPA (bank account), Credit card, Apple pay or for the initial term by card at the studio of ALPHA31. The ‘First timer’, ‘Single class’ and Packages must be paid by the Member using Ideal, Apple pay, by card at the ALPHA31 studio or via a pay-link issued to the Member’s email address, for the entire 4-week term of the Membership in advance, on a 4-weekly basis, or, if required, for the initial term of the contract (or an extension thereof).
11.2 ALPHA31 reserves the right to collect overdue payments through Stripe Direct Debit.
11.3 If a Stripe Direct Debit is rejected, ALPHA31 will send an automatic reminder in writing to the Member requesting to cover the outstanding payment. Should the payment remain incomplete, 2 (two) official warnings will be issued in writing to the Member, followed by opening a case within an external collection agency to obtain the outstanding payment.
11.4 If ALPHA31 is compelled to engage the services of a collection agency to collect payment from the Member, the latter will also be required to pay administrative charges and any extrajudicial collection costs in the amount in accordance with the scale of collection costs. The Member will not be authorized to use the services and facilities provided by ALPHA31 until such time as their overdue debt has been settled in accordance with the arrangements made with the collection agency.
11.5 The Member is obligated to cover any outstanding payments before the termination date. Not complying with this regulation will result in 2 (two) official warnings sent to the Member in writing, followed by engaging in the services of an external collection agency to obtain any outstanding payments. ALPHA31 is authorized to decline access to its facilities and/or suspend the membership for the Member not complying with this regulation until all outstanding payments are covered.
12. Suspension (Temporary Membership Cancellation)
12.1 In the event of long-term illness, incapacitation, pregnancy, injury or holiday, a temporary suspension of a Membership may be granted with the written permission of ALPHA31, up to a maximum of 4 (four) periods of four-weeks installments. Suspension is only possible under a written submission, acceptance, and confirmation to the Member in writing by ALPHA31.
13.1 ALPHA31 reserves the right to deny access to any person ALPHA31 deems to be acting in an inappropriate or unsafe manner
14. Internal Rules
14.1. The Member is familiar with ALPHA31 internal rules regarding cleanliness, theft and proper social behavior. The Member is required to comply with these internal rules and can approach the front desk staff to clarify either of the regulations.
14.2. ALPHA31 is entitled to refuse or deny access at any time to individuals whose behavior is deemed inappropriate by the staff of ALPHA31.
15. Hours of Operation
15.1. ALPHA31 is authorized to close all or a portion of its facilities during national public holidays, school holidays and/or special internal events.
15.2. ALPHA31 is authorized to change the hours of operation of a facility or sections thereof.
15.3. ALPHA31 is authorized to close the facilities for repair and maintenance work.
16. Private Events
16.1 Event fees are due and payable at the time of booking and are non-refundable.
16.2 All attendees must agree to these Terms and Conditions prior to attending the event.
17. Complaints and Requirements to Provide Information
17.1 Any changes in the Member’s personal situation (legal name, bank details and so forth) must be immediately communicated in writing to ALPHA31.
17.2 In the event of failure to communicate these changes or failure to do so in a timely manner, and if ALPHA31 is compelled to incur expenses in attempting to establish the new personal data, such expenses will be charged to the Member.
17.3 In the event of complaints relating to ALPHA31 and its services, the Member must first contact the front desk assistant for the fastest possible solution and, secondly, address the issue in writing to ALPHA31, describing the issue detailed and accurate.
18. Waiver and Release
18.1 By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of ALPHA31 and its subsidiaries, the client hereby acknowledges, on behalf of themselves, their heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in ALPHA31 workouts and exercise equipment in association with the Classes and Facilities. The Member acknowledges that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The Member also acknowledges that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
18.2 At all times, the Member shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given by the staff of ALPHA31.
18.3 If in the subjective opinion of the ALPHA31 staff, the Member would be at physical risk participating in ALPHA31 Classes, the member understands and agrees that they may be denied access to the Classes and Facilities until delivering ALPHA31 an opinion letter from a certified medical practitioner, at the sole cost and expense of the member, specifically addressing ALPHA31’ concerns and stating that ALPHA31’ concerns are unfounded.
18.4 In consideration of being allowed to participate in and access the Classes and Facilities, the Member hereby (1) agrees to assume full responsibility for any and all injuries or damage which are sustained or aggravated by the member in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless ALPHA31, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that the Member (a) have no medical or physical condition that would prevent them from properly using any of ALPHA31 Classes and Facilities, (b) do not have a physical or mental condition that would put the member in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. The Member acknowledges that by having chronic disabilities or conditions, they are at risk by using ALPHA31 Classes and Facilities and should not be participating in any Classes.
19.1. ALPHA31 will not be liable for any injury or accident that occurred on its premises – or during ALPHA31 events outside its premises, or any lost items of any nature whatsoever and which have gone missing for any reason whatsoever, except in the case of willful misconduct or deliberate recklessness on the part of ALPHA31 and its staff.
19.2. Each Member is individually responsible for personal accidents and their personal possessions. Neither ALPHA31 nor its employees can be held liable for the loss, damage, or theft of goods at the facility’s site.
20. Valuables and Personal Property
20.1 Members acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that ALPHA31 shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Members acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
21. Retail Returns
21.1 Unwashed, unworn, and labelled items can be returned within 30 days of purchase for a refund.
21.2 Receipt or proof of purchase must accompany the return in order to process the refund. All sale items and all accessories are final sales unless stated otherwise.
23. Policy Changes
23.1 Occasional changes may be made to this document as new services and content are added to the website to reflect changes in ALPHA31’s policies. By using the website, the user agrees to be bound by any such revisions. Users of the website are encouraged to check this document periodically to stay informed of current privacy guidelines.
24. Acceptance of Terms
24.1 By using the website, the user signifies the acceptance of the Terms and Conditions. If the user does not agree to the provisions, they should refrain from using the Website and services of ALPHA31. User continued use of the Website following the posting of changes to these terms will indicate the acceptance of those changes.
25. Warranty Disclaimer and Limitation of Liability
25.1 In no event will ALPHA31 be liable for any direct, indirect, special, or other consequential damages resulting from a visitor or member’s use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on user information handling systems or otherwise, including any claims waived by the visitor or member previously in this agreement even if ALPHA31 expressly advised of the possibility of such damage.
25.2 All information is provided by ALPHA31 on an “as is” basis only. ALPHA31 provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
26. Choice of Law
26.1 The website, Membership agreement, and visitor/Member use hereof, is governed by the laws of the Netherlands. Any claim arising out of the use of this website, or a Membership Agreement must be brought in a court in Amsterdam.