ALEIGN WEBSITE AND ACCOUNT
These terms and conditions of use (Terms) apply to any person (you or your) accessing the website operated by Aleign Pty Limited (ACN 622 385 335)(Aleign, we, us or our) at https://aleign.com/ (Website) or an account established through the Website accessed via https://makebetter.aleign.com/ (Account).
By accessing and using this Website and/or your Account, you accept these Terms which constitute an agreement between you and Aleign, and if you are an authorised representative of another person (i.e. a company), you confirm that you have authority to, and do in fact, bind that person to these Terms. You must immediately stop using this Website and your Account if you do not accept these Terms.
From time to time, these Terms will be reviewed and may be revised. Aleign reserves the right to amend these Terms at any time. Any such amendments will be posted on the Website. Your continued use of the Website and/or your Account will constitute your acceptance of the variation of these Terms.
The Website provides access to a platform for individuals, businesses and organisations to capture, plan, communicate and execute strategies. This is achieved by creating an Account (see below).
Access to certain parts of this Website requires you to register an Account with us. A person may register an Account through the registration link on the Website and by providing the required information. A person who has a registered Account (Account Holder), and the authorised users of that Account (Participants), will have access to all the functionality of the Website. The Account Holder may have access to several additional features required to manage the Account. The Account Holder is responsible for any and all fees associated with the Account.
Upon setting up an Account, the Account Holder will be prompted to set a limit on the number of Participants that can access the Account (Set Limit). The Account Holder can add Participants to the Account by using the “Invite Participants” function. The Account Holder can nominate any one or more of these Participants as managers of the Account (Managers). Only the Account Holder and the Managers will have authority to invite additional Participants to the Account. If the number of Participants in an Account exceeds the Set Limit, the Account Holder and Managers will be notified and the Account Holder and Managers will have the opportunity to change the limit, which may result in additional fees being charged for each additional Participant added to an Account (see below for further details).
Where the Account consists of five or less Participants (No Fee Limit), including the Account Holder, a Limited Participant Account will be established for no fee (see below for details). Where the Account consists of more than five Participants, including the Account Holder, an Unlimited Participant Account will be established where a fee will be charged per each additional Participant over the No Fee Limit (see below for details). In order to establish an Unlimited Participant Account, valid credit card details must first be provided by the Account Holder. The Account Holder must immediately inform Aleign of any change to the credit card details that are linked to the Account.
Upon an Account being set-up, and upon a Participant being invited to the Account, the Account Holder and each Participant will need to confirm that they accept these Terms in order for the Account Holder or Participant to access the Account. Failure to accept these Terms will prohibit access to the Account. Upon an initial acceptance of the Terms, the Account Holder and each Participant will not be prompted to confirm acceptance of the Terms each time that the Account is accessed, however continued use of the Account will constitute your acceptance of these Terms and any variation to these Terms.
Upon set-up of the Account, the Account Holder and each Participant will also be prompted to set up an individual username and password to login to the Account.
Information held in one Account is private to that Account and only the Account Holder and Participants of an Account will be able to access and review all information posted in an Account. Aleign takes no responsibility for this information and you indemnify Aleign for any claim or loss in respect of information shared by the Account Holder and Participants of an Account.
Each Account Holder and each Participant is responsible for keeping their username and password secure. The Account Holder and each Participant agree to take responsibility for all activities that take place under their Account and to notify us immediately upon becoming aware of any unauthorised use of the Account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your Account or a breach of security.
There are two options in terms of creating an Account:
This is a no-fee Account which provides access for up to five Participants (including the Account Holder) free of charge. This option enables Participants to access full functionality of an Account, through different domain addresses, but the total number of Participants in one Account is limited to five.
The Unlimited Participant Account allows the Account Holder to add as many Participants as required, using different domain addresses, for a fee of A$50 (excluding GST in Australia) per each additional Participant above the No Fee Limit (Additional Participant Fee). Payment of the Additional Participant Fee will be monthly in advance commencing on the day that each Participant becomes a member of the Account. This Additional Participant Fee will be charged automatically to the provided credit card on the same day of each month. Aleign reserves the right to alter the cost of the Additional Participant Fee at any time including the right to increase the Additional Participant Fee for any goods and services charges or tariffs relevant to your country.
Aleign may, at its absolute discretion, provide discounts to the fees charged on an Account on a case by case basis. These discounts may include a percentage discount off the cost of an Unlimited Participant Account, an increase in the number of free Participants accessing an Account for a period of time, or any other discount Aleign considers reasonable at its own discretion. Any discounts provided will be in the form of a coupon which will be shown in the ‘coupon’ tab on the Account portal.
When you give us content you grant us a non-exclusive, irrevocable, fee-free licence (including the right to sub-licence) to use, modify, store, duplicate and reproduce such content solely for the purpose of operating your Account and providing you the services under your Account. You also grant each Participant of the Account a non-exclusive, irrevocable, fee-free licence to use your content to the extent permitted by the functionality of the Account.
You acknowledge and agree that other than the content posted on your Account by the Account Holder and authorised Account Participants, we own all other content already existing on your Account and on the Website.
We may use and disclose to third parties data relating to how you use the Website provided that we have removed any personally identifying information about you from that data, or have combined it with the data of other Participants in such a way that it no longer personally identifies you.
The Website and your Account contains content provided by Participants, other users of the Website and third parties, and may include links to other websites. The inclusion of any content provided by any other person, and the inclusion of links to other websites does not imply any approval, recommendation, endorsement, or responsibility for, the contents, operations, products or operators of that content or those websites. We take no responsibility for any loss caused out of the inclusion of such content or links.
You will not:
use the Website and your Account other than for its intended purpose;
post content or items in inappropriate categories or areas on the Website;
infringe any laws, third party rights or our policies;
use the Website or your Account in any way when you have been suspended from using the Website or your Account in accordance with these Terms;
circumvent or manipulate our fee structure, the billing process, or fees owed to Aleign;
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
transfer your Account, username and password to another party without our consent;
distribute viruses or any other technologies that may harm Aleign, the Website, your Account, other accounts on the Website, or the interests or property of Account Holders, Participants or other users of the Website;
violate or attempt to violate the security of the Website, your Account, or any other account on the Website, or hack into the Website, your Account or other accounts of the Website which you are not authorised to use or have been suspended from using;
copy, modify or distribute rights or content owned by Aleign, Account Holders, Participants, other account holders or other users of the Website including any copyrights and trademarks; or
harvest or otherwise collect information from Aleign, Account Holders, Participants or other accounts or users of the Website, including email addresses, without their consent.
Without limiting other remedies, we may limit, suspend or terminate your access to the Website or to your Account if we think that you are breaching these Terms. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or to modify or discontinue an Account or the Website.
You agree that any information provided by you on or in relation to this Website or your Account is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us is or has become untrue, incomplete and inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other rights or remedy available to us, we may limit, suspend or terminate your access to this Website or your Account.We may also limit, suspend or terminate your access to the Website or your Account if your content is inappropriate or of an offensive nature, or where you fail to make payment of the required fees (if any) set out under these Terms.
An Account Holder may close the Account at any time, subject to payment of any outstanding fees, by accessing the Account Holder area in Aleign and choosing the close account option.
Aleign is entitled to all fees due and owing on, or paid prior to, the date the Account is closed, and no refunds will be provided for payments already made to Aleign.
No part of this Website or any information contained on an Account is intended to constitute advice by us. We are not liable or responsible for any reliance placed on this Website or the Account, and the contents of this Website or the Account, by you or anyone who you may inform of its contents.
Aleign makes no warranties, representations and guarantees (whether express or implied) in respect of the Website and each Account, including without limit all warranties, representations and guarantees related to merchantability or fitness for purpose, accuracy, completeness, reliability, usability, security, quality, performance, availability, or timeliness of the Website or the Account, its content or the content of any website linked to or from this Website or the Account. Where you take action, or omit to act, make any decision, or enter into any agreement with any other person, as a result of your use of this Website and your Account, you acknowledge that you do so having independently made all such investigations and taken all such professional advice as may be necessary to enable you to make an informed and independent decision.
Aleign and its officers, employees, agents and contractors are, to the extent permitted by law, not liable to you or any other person for any losses, expenses, claims or costs (including without limitation for any loss of profits, revenue or data, incidental, consequential, exemplary, special, or indirect damages) arising under or in connection with these Terms or this Website or your Account, any information downloaded from this Website or your Account, your use of or access to (or inability to use or access) the Website or your Account, or any third party or other Participant’s use of or access to this Website or your Account.
To the extent that liability has not been or may not be excluded under these Terms, and to the extent permitted by law, our total liability to you under or in connection with these Terms, this Website, your Account and any information downloaded from this Website or your Account, or your use of or access to (or inability to use or access) the Website or your Account, or any third party or other Participant’s use of or access to this Website or your Account, will not exceed A$250.
You agree to indemnify Aleign, its related bodies corporate (as defined in the Corporations Act), and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses (including loss of profits, loss of revenue, economic loss, loss of data, direct loss, indirect loss, or consequential or incidental loss, and including damage or loss arising in contract, tort (including negligence), statute or otherwise), liabilities, costs, debts and expenses (including legal fees and costs) arising from or as a result of or relating to:
your use of the Website or your Account or any information you provide to us, including a breach of these Terms, or any of the representations, warranties or promises you give under these Terms, or any violation of applicable law or court order; and
any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using the Website or your Account.
Other than content created by you on your Account, reproduction of part or all of the contents in any form of the Website or your Account is prohibited and no content may not be recopied and shared with a third party.
The materials displayed on the Website and your Account (other than your own content), including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (Intellectual Property) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website or your Account. You may access and display this Intellectual Property contained on the Website or your Account page on a computer or a monitor and print out for your personal or internal business use any page or part of any page of this Website or your Account. All other use, copying or reproduction (including reproduction on any other website) of any part of this Website or your Account (other than your own content) is prohibited unless expressly stated otherwise. You must not use this Website and your Account in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content.
Nothing contained in these Terms or on the Website or your Account constitutes a transfer or licence of any such Intellectual Property Rights to you.
We are not liable for and do not represent or warrant that the Website, or your Account and any other information or material contained in, downloaded or accessible from the Website or your Account, is free from computer viruses or any other defect or error which may affect your software or systems. You acknowledge that is your responsibility to protect your software and systems by installing any required security systems.
If a dispute arises between you and Aleign, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The Account Holder is liable for all taxes (including any Australian goods and services tax (GST) if applicable), duties, levies and other government fees and charges in relation to the services offered by Aleign through the Website and your Account. Unless specified otherwise, prices quoted in these Terms, the Website and your Account do not include such taxes (including GST – refer to section 16 for further details). Aleign reserves the right to increase any fees payable under these Terms to ensure that the net amount retained by Aleign after payment of such tax is the same as if Aleign was not liable to pay such tax.
If any payment made by one party to any other party under or relating to these Terms constitutes consideration for a taxable supply for the purposes of Australian goods and services tax (GST),then unless the Terms specify that the payment is inclusive of GST the amount to be paid for the supply will be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies and includes payments for supplies relating to breaches, termination and indemnities arising from these Terms. The party receiving the payment must provide a tax invoice to the party making it. For the avoidance of doubt, the parties acknowledge and agree that all amounts specified in these Terms are exclusive of GST and that GST, must be applied on top of such amounts.
For the purposes of this clause ‘GST’ means the goods and services tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation.
These Terms do not create a relationship of employment, trust, agency or partnership between Aleign and you.
If the whole or any part of a provision of these Terms is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If, however, the whole or any part of a provision of these Terms is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
Sections 9,10,11, 12, 13,14 and 17 of these Terms, along with any provisions that are expressed to survive, or by their nature are intended to survive, termination or expiry of these Terms, shall survive termination or expiry of these Terms.
Aleign does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by us of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by us.
Aleign will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Aleign’s reasonable control.
You may not assign or transfer or delegate or otherwise deal with any of your rights or obligations under these Terms. Aleign has the right to assign, delegate or otherwise deal with all or any of its rights or obligations under these Terms to any person.
These Terms are governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by accepting these Terms, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.
In these Terms, headings are for convenience only and do not affect interpretation, and unless otherwise stated:
the singular includes the plural and vice versa and a gender includes other genders;
other grammatical forms of a defined word or expression have a corresponding meaning;
a reference to a section or part is to a section or part of these Terms;
a reference to these Terms includes the Terms as novated, altered, supplemented or replaced from time to time;
a reference to A$, $A, dollar or $ is to Australian currency;
a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
a reference to a person includes a natural person, partnership, firm, body corporate, trust, joint venture, association, governmental or local authority or agency or other entity;
a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and
specifying anything in these Terms after the words “includes”, “including”, “for example” or similar expressions does not limit what else is included in these Terms.