User Agreement
Last updated: 20th July 2024
Terms of use
A Life Lived (ALL) terms of use
In these terms, a reference to the “Provider”, “we”, “our”, or “us” means Life History Pty Ltd ABN 96 646 382 265.
1. Definitions
“Account” (or User Profile) means the account you open when you register on the Service.
"ALL” means Life History Pty Ltd 96 646 382 265, its successors and assigns.
“App” is the ALL Application where the Service is provided.
“Free Service” is the base version of the Service,
“Free User” is a User of the ALL Service that has access to the Free Service only.
“Inactive Account” means a User Account that has not been logged into for a continuous 12-month period.
“Instant Messages” We use the Personal Data you provide to us as part of your experience of receiving and sending Messages on the system, and any email, push notifications (or SMS notifications, where available), as defined in Settings.
“Intellectual Property Rights” means intellectual property rights, existing and future worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“User” means any person who makes an ALL account.
“License” or “Plan” refers to the monthly or yearly fees payable by you.
“Personal Data” means any information that can be used to identify, contact, or locate you, such as your name, address, email address, or phone number, but does not include any information that has been fully anonymised so that a specific individual can no longer be identified from it.
“Profile Opinions & Ratings” means the feedback or rating system that is used by the Provider to rate users.
“Service” means us providing you with the means to record, share and listen to personal stories, including your own, or someone else’s either on the ALL platform or on other services and platforms operated by the Provider. Services further include any related Provider services, tools or applications.
“Profile” We use the Personal Data you provide to us as part of the build, use, searchability and use of your Profile and related components, including but not limited to posts.
“Provider” means the entity providing the Service, namely A Live Lived Pty Ltd ABN 96 646 382 265.
“Settings” We use the Personal Data you provide to us as part of your initial and customised user settings.
“Subscriber” means a paid User to the ALL Service.
“Surveys” Information provided may inform surveys, questions or polls broadcast to users.
“Story” or “Stories” means the video you created using the ALL Service.
“Terms” or “standard terms” means the terms of use set out in this User Agreement as may be modified by the Provider from time to time by giving notice to you.
“User”, “you” or “your” means an individual who visits or uses the Service.
“User Contract” means : (1) this User Agreement as amended from time to time; (2) the Privacy Policy [Privacy Policy | A Life Lived] and Fees [LINK] as amended from time to time; (3) any other contractual provisions accepted by both a User and Provider, uploaded to the Service, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Requirements terms as awarded and accepted on the Service, to the extent not inconsistent with the User Agreement or the Privacy Policy.
2. Welcome
Thank you for using our Service.
By using our Service, you are agreeing to these terms. Please read them carefully.
3. Eligibility to use
You will not use the Service if you:
● do not have the legal capacity to meet your obligations under these terms;
● are prohibited by any law from using the Service; or
● are suspended from using the Service.
A User is an individual.
Users may provide a business name or a company name, which is to be associated with the User’s Account.
Where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
Should a User die to become incapacitated, ALL will release the User’s Story, if held on the ALL App or server, to either, in the case of death, the personal legal representative of the User, or in the case of incapacity, the authorised representative of the User being the next of Kin.
4. Use of the Service
While using the Service, you must follow any policies made available to you.
Don’t misuse our Service. You may use our Service only as permitted by law. We may suspend you if you do not comply with our terms or policies or if we are investigating suspected misconduct. By using our Service and creating your Story, you are granted the ownership of any Intellectual Property rights in your Story.
If you use ALL’s Free Service your recording will be available on the ALL App ONLY and will not be available for download as a Free User.
If you are an ALL Subscriber you will have the ability to download your Story off the ALL App.
Users have the ability to allow their Story to be publicly available within the App or not. If you allow your Story to be publicly available on the ALL App (“Public Story”) you grant ALL an exclusive and irrevocable licence to use and access your Story for promotional, research and development purposes. This may include publishing your Public Story outside of the App at ALL’s discretion. ALL will use its best endeavours that any published Public Story does not include any personal information.
You may not use content that you generate unless you obtain our permission. These terms do not grant you the right to use any branding or logos used in our Service.
Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
Our Service may display some content that is not ours. This content is the sole responsibility of the entity that makes it available.
Notwithstanding anything else in these Terms, we may review content to determine whether it is illegal, violates our policies or is against our values, defined broadly and at our discretion, and we reserve the right to remove or refuse to display content that we reasonably believe violates our policies, the law or we deem it to be inappropriate, however we have no responsibility to do so.
Should we deem the content or Story as violating our policies, against the law or inappropriate, ALL has the right to rescind any Intellectual Property rights and licence in the Story and have it removed from the ALL Service at ALL’s sole discretion.
You are responsible for the activity that happens on or through your Account. You must not use your Account password on other applications.
To protect your Account, you will keep your password confidential.
ALL has no obligation to hold or keep any Story or User Information if the User account becomes an Inactive Account.
ALL will keep a User’s Story for a period of up to 12 months (“Expiry Period”) at which point ALL may, in its sole discretion, elect to remove the Story from the ALL App and/or server. The User acknowledges that the Story may be deleted from the ALL App and/or server following the Expiry Period.
By using our Service you unequivocally agree to the above condition, and waive any right any right to take any legal action against ALL for deleting any Story after the Expiry Period.
The User acknowledges that if they elect to not download the Story from the ALL App, they hold ALL harmless and not liable for any lost Stories.
Where your Story is deleted or unavailable before the Expiry Period for reasons beyond ALL’s control, you expressly waive and agree that ALL is not liable for your story not being available either permanently or temporarily.
ALL will use its best endeavours to recover your Story should become deleted or not available, in circumstances where your Story has been deleted or is not available prior to the Expiry Period.
5. Prohibited conduct
While using the Service, you will not engage in the following activities:
(a) post content or items in inappropriate categories or areas on our Service;
(b) use the Service for any illegal purpose, violate or encourage others to violate any right of or obligation to the Provider or any other entity, including by infringing, misappropriating, or violating intellectual property, contractual rights, confidentiality, or privacy rights.
(c) failing to pay for our service as agreed in advance.
(d) circumvent or manipulate our fee structure, the billing process, or fees owed to the Provider;
(e) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
(f) take any action that may undermine the Service;
(g) transfer your account (including, but not limited to your Profile) and Username to another individual without our consent;
(h) distribute, post or transmit any advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation;
(i) distribute viruses or any other technologies that may harm the Provider, the Service, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(j) download and aggregate listings from our Service for display with listings from other services without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Service into any other non-Service without our prior written authorisation;
(k) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Service;
(l) copy, modify or distribute rights or content from the Service or the Provider’s copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.
(m) impersonate another person or entity or misrepresent your affiliation with a person or entity when using our Services; use or attempt to use another’s account or personal information; and attempt to gain unauthorised access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
6. Privacy and Intellectual Property Protection
Our Privacy Policy [Privacy Policy | A Life Lived] explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Provider can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the laws of Australia. If you believe that your Intellectual Property rights have been violated, please notify us and we will investigate your notification. Please contact us by emailing us at hello@alifelived.io.
7. Fees and Charges
We charge as outlined in our fees and charges [LINK] which we may change from time and time.
Unless otherwise stated, all fees are quoted in Australian dollars.
8. Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
You must also comply with your obligations under income tax provisions in your jurisdiction.
9. Payment Administration Agent
We may in our sole discretion, from time to time, appoint an agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a person will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by the Provider.
10. User Consents and Warranties
You consent to the following:
a) we may display your name (including your business name if you are a business), logo, images or other media, your public profile, as part of the Service and/or other marketing materials (where we market your profile, we will obtain your consent prior to doing so).
b) we may use the Personal Data you provide to us as part of your initial search engine optimisation (SEO) capabilities, and this may be limited for various search engines and robots, where applicable.
c) our use of Apple, Google Cloud or Play and Amazon Web Services and others as our default hosting and email providers, so your information may be transferred to and stored on servers in various locations both in and outside Australia. The default location for each instance is Australia though this may change from time to time. Capacity of the ALL App is 8GB and Portal hosting is capped at 100GB storage by default though this may be increased on a case-by-case basis – additional fees may apply.
d) the Provider may use professional hosting service companies such as Amazon Web Services Inc, Google Cloud or Play for your Private Portal, however this may change from time to time.
e) we have the right to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the ALL Service.
f) we may use the Personal Data you provide to us as part of your engagement for News feeds.
g) where you add #tags or @channel tags, we may use this data to provide more relevant news and suggestions from time to time.
h) we may automatically update Service software from time to time and you must comply with any update if it is disclosed to you.
i) when you give us content, you grant us a license to use that content for the purposes of allowing you to use the Service. We will not use your content for any other purpose other than for analytics and necessary activities associated with the Service. Otherwise, we will keep your content confidential.
j) we only act as a portal for the online distribution and publication of User content. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content.
k) we have no liability based on, or related to, other content available or accessed by you on the Service.
l) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was made available on the Service.
m) any and all content submitted to the Service is subject to our approval. Without creating any obligation to do so and acknowledging that we do not constantly monitor sites, we reserve the right to reject, approve or modify your User content if we deem it offensive or in breach of any laws or our policies and standards, in consultation with the Administrator.
You represent and warrant that your content:
n) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
o) will not violate any law or regulation;
p) will not be defamatory or trade libellous;
q) will not be obscene or contain child pornography;
r) will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
s) will not contain material linked to terrorist activities.
t) will not include incomplete, false or inaccurate information about you or any other individual; and
u) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We provide unmonitored access to other entities’ content, including Profile Opinions and Ratings and articles with original content and opinions (or links to such other entities’ content).
The Service may contain links to other services. We do not control other services to which we link from the Service. We do not endorse the content, products, services, practices, policies or performance of the services we link to from the Service. Use of other content, links to other content and/or services is at your risk.
11. Profile Opinions and Ratings
You agree that any feedback and reviews you leave on Profile and Ratings consisting of comments and a multidimensional rating (e.g., quality, communication etc.) may be used, modified or deleted by us without reference to you. You must not use, or deal with any feedback, reviews or comments by others in any way inconsistent with our policies as posted on the Service from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Provider feedback system. We are entitled to suspend or terminate your Account at any time if we are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any other than administrative purposes or facilitating the provisions of Services via the Service. You may not use your Profile and Ratings (including, but not limited to, marketing or exporting your any or all your composite rating or feedback comments) in any real or virtual venue other than a Service operated by the Provider or its related entities without our written permission.
12. Advertising
You grant us the absolute right to advertise on the ALL platform and use any other information that you that you provide to us.
Some content licensed by, provided to, created by, or otherwise made available by ALL may incorporate advertising, and ALL is not responsible for any such advertising.
You may engage with other entities or sponsor advertisements on your Private Portal so far as the advertisement complies with the law of the local jurisdiction and Private Portal Contract.
13. Business uses of our Services
If you are using our Service on behalf of a business/company/organisation, that business/company/organisation accepts these terms and agrees to comply with them.
14. About these Terms
We may modify these terms or any additional terms that apply to a Service and will notify you of significant changes to terms.
Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of a Service, you may discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will be paramount.
These terms control the relationship between the Provider and you. They do not create any other beneficiary rights.
If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as acting in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Victoria will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms, or the Services will be litigated exclusively in the courts of Victoria and you and the Provider consent to the exclusive jurisdiction of those courts.
15. Whole agreement
These terms and any applicable additional terms constitute the entire agreement between you and the Provider relating to the Service and supersede all prior communications and/or agreements between you and the Provider relating to access and use of the Services.
16. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Provider offers the Service (including all content available on or through the Service) as-is and makes no representations or warranties of any kind concerning the Services, express, implied, statutory, or otherwise, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
The Provider does not warrant that the functions of the Services will be uninterrupted or error-free, that content made available on or through the Services will be error-free, that defects will be corrected, or that any servers used by the Provider are free of viruses or other harmful components.
The Provider does not warrant or make any representation regarding use of the content available through the Services in terms of accuracy, reliability, or otherwise.
17. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Provider be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or Services, or similar damages suffered or incurred by you or any other that arise in connection with the Services (or the termination thereof for any reason), even if the Provider has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the Provider is not responsible or liable whatsoever in any manner for any content posted on or available through the Services (including claims of infringement relating to that content), for your use of the Services, or for the conduct of others on or through the Services.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
Where permitted by law, the liability of the Provider to you on any account whatsoever will not exceed your cost of acquiring the Service.
18. Feedback & Questions
If you have questions about this Agreement, please contact us by email at hello@alifelived.io.
In these terms, a reference to the “Provider”, “we”, “our”, or “us” means Life History Pty Ltd ABN 96 646 382 265.
1. Definitions
“Account” (or User Profile) means the account you open when you register on the Service.
"ALL” means Life History Pty Ltd 96 646 382 265, its successors and assigns.
“App” is the ALL Application where the Service is provided.
“Free Service” is the base version of the Service,
“Free User” is a User of the ALL Service that has access to the Free Service only.
“Inactive Account” means a User Account that has not been logged into for a continuous 12-month period.
“Instant Messages” We use the Personal Data you provide to us as part of your experience of receiving and sending Messages on the system, and any email, push notifications (or SMS notifications, where available), as defined in Settings.
“Intellectual Property Rights” means intellectual property rights, existing and future worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“User” means any person who makes an ALL account.
“License” or “Plan” refers to the monthly or yearly fees payable by you.
“Personal Data” means any information that can be used to identify, contact, or locate you, such as your name, address, email address, or phone number, but does not include any information that has been fully anonymised so that a specific individual can no longer be identified from it.
“Profile Opinions & Ratings” means the feedback or rating system that is used by the Provider to rate users.
“Service” means us providing you with the means to record, share and listen to personal stories, including your own, or someone else’s either on the ALL platform or on other services and platforms operated by the Provider. Services further include any related Provider services, tools or applications.
“Profile” We use the Personal Data you provide to us as part of the build, use, searchability and use of your Profile and related components, including but not limited to posts.
“Provider” means the entity providing the Service, namely A Live Lived Pty Ltd ABN 96 646 382 265.
“Settings” We use the Personal Data you provide to us as part of your initial and customised user settings.
“Subscriber” means a paid User to the ALL Service.
“Surveys” Information provided may inform surveys, questions or polls broadcast to users.
“Story” or “Stories” means the video you created using the ALL Service.
“Terms” or “standard terms” means the terms of use set out in this User Agreement as may be modified by the Provider from time to time by giving notice to you.
“User”, “you” or “your” means an individual who visits or uses the Service.
“User Contract” means : (1) this User Agreement as amended from time to time; (2) the Privacy Policy [Privacy Policy | A Life Lived] and Fees [LINK] as amended from time to time; (3) any other contractual provisions accepted by both a User and Provider, uploaded to the Service, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (4) the Requirements terms as awarded and accepted on the Service, to the extent not inconsistent with the User Agreement or the Privacy Policy.
2. Welcome
Thank you for using our Service.
By using our Service, you are agreeing to these terms. Please read them carefully.
3. Eligibility to use
You will not use the Service if you:
● do not have the legal capacity to meet your obligations under these terms;
● are prohibited by any law from using the Service; or
● are suspended from using the Service.
A User is an individual.
Users may provide a business name or a company name, which is to be associated with the User’s Account.
Where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
Should a User die to become incapacitated, ALL will release the User’s Story, if held on the ALL App or server, to either, in the case of death, the personal legal representative of the User, or in the case of incapacity, the authorised representative of the User being the next of Kin.
4. Use of the Service
While using the Service, you must follow any policies made available to you.
Don’t misuse our Service. You may use our Service only as permitted by law. We may suspend you if you do not comply with our terms or policies or if we are investigating suspected misconduct. By using our Service and creating your Story, you are granted the ownership of any Intellectual Property rights in your Story.
If you use ALL’s Free Service your recording will be available on the ALL App ONLY and will not be available for download as a Free User.
If you are an ALL Subscriber you will have the ability to download your Story off the ALL App.
Users have the ability to allow their Story to be publicly available within the App or not. If you allow your Story to be publicly available on the ALL App (“Public Story”) you grant ALL an exclusive and irrevocable licence to use and access your Story for promotional, research and development purposes. This may include publishing your Public Story outside of the App at ALL’s discretion. ALL will use its best endeavours that any published Public Story does not include any personal information.
You may not use content that you generate unless you obtain our permission. These terms do not grant you the right to use any branding or logos used in our Service.
Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
Our Service may display some content that is not ours. This content is the sole responsibility of the entity that makes it available.
Notwithstanding anything else in these Terms, we may review content to determine whether it is illegal, violates our policies or is against our values, defined broadly and at our discretion, and we reserve the right to remove or refuse to display content that we reasonably believe violates our policies, the law or we deem it to be inappropriate, however we have no responsibility to do so.
Should we deem the content or Story as violating our policies, against the law or inappropriate, ALL has the right to rescind any Intellectual Property rights and licence in the Story and have it removed from the ALL Service at ALL’s sole discretion.
You are responsible for the activity that happens on or through your Account. You must not use your Account password on other applications.
To protect your Account, you will keep your password confidential.
ALL has no obligation to hold or keep any Story or User Information if the User account becomes an Inactive Account.
ALL will keep a User’s Story for a period of up to 12 months (“Expiry Period”) at which point ALL may, in its sole discretion, elect to remove the Story from the ALL App and/or server. The User acknowledges that the Story may be deleted from the ALL App and/or server following the Expiry Period.
By using our Service you unequivocally agree to the above condition, and waive any right any right to take any legal action against ALL for deleting any Story after the Expiry Period.
The User acknowledges that if they elect to not download the Story from the ALL App, they hold ALL harmless and not liable for any lost Stories.
Where your Story is deleted or unavailable before the Expiry Period for reasons beyond ALL’s control, you expressly waive and agree that ALL is not liable for your story not being available either permanently or temporarily.
ALL will use its best endeavours to recover your Story should become deleted or not available, in circumstances where your Story has been deleted or is not available prior to the Expiry Period.
5. Prohibited conduct
While using the Service, you will not engage in the following activities:
(a) post content or items in inappropriate categories or areas on our Service;
(b) use the Service for any illegal purpose, violate or encourage others to violate any right of or obligation to the Provider or any other entity, including by infringing, misappropriating, or violating intellectual property, contractual rights, confidentiality, or privacy rights.
(c) failing to pay for our service as agreed in advance.
(d) circumvent or manipulate our fee structure, the billing process, or fees owed to the Provider;
(e) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
(f) take any action that may undermine the Service;
(g) transfer your account (including, but not limited to your Profile) and Username to another individual without our consent;
(h) distribute, post or transmit any advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation;
(i) distribute viruses or any other technologies that may harm the Provider, the Service, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(j) download and aggregate listings from our Service for display with listings from other services without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Service into any other non-Service without our prior written authorisation;
(k) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Service;
(l) copy, modify or distribute rights or content from the Service or the Provider’s copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.
(m) impersonate another person or entity or misrepresent your affiliation with a person or entity when using our Services; use or attempt to use another’s account or personal information; and attempt to gain unauthorised access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
6. Privacy and Intellectual Property Protection
Our Privacy Policy [Privacy Policy | A Life Lived] explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Provider can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the laws of Australia. If you believe that your Intellectual Property rights have been violated, please notify us and we will investigate your notification. Please contact us by emailing us at hello@alifelived.io.
7. Fees and Charges
We charge as outlined in our fees and charges [LINK] which we may change from time and time.
Unless otherwise stated, all fees are quoted in Australian dollars.
8. Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
You must also comply with your obligations under income tax provisions in your jurisdiction.
9. Payment Administration Agent
We may in our sole discretion, from time to time, appoint an agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a person will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by the Provider.
10. User Consents and Warranties
You consent to the following:
a) we may display your name (including your business name if you are a business), logo, images or other media, your public profile, as part of the Service and/or other marketing materials (where we market your profile, we will obtain your consent prior to doing so).
b) we may use the Personal Data you provide to us as part of your initial search engine optimisation (SEO) capabilities, and this may be limited for various search engines and robots, where applicable.
c) our use of Apple, Google Cloud or Play and Amazon Web Services and others as our default hosting and email providers, so your information may be transferred to and stored on servers in various locations both in and outside Australia. The default location for each instance is Australia though this may change from time to time. Capacity of the ALL App is 8GB and Portal hosting is capped at 100GB storage by default though this may be increased on a case-by-case basis – additional fees may apply.
d) the Provider may use professional hosting service companies such as Amazon Web Services Inc, Google Cloud or Play for your Private Portal, however this may change from time to time.
e) we have the right to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the ALL Service.
f) we may use the Personal Data you provide to us as part of your engagement for News feeds.
g) where you add #tags or @channel tags, we may use this data to provide more relevant news and suggestions from time to time.
h) we may automatically update Service software from time to time and you must comply with any update if it is disclosed to you.
i) when you give us content, you grant us a license to use that content for the purposes of allowing you to use the Service. We will not use your content for any other purpose other than for analytics and necessary activities associated with the Service. Otherwise, we will keep your content confidential.
j) we only act as a portal for the online distribution and publication of User content. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content.
k) we have no liability based on, or related to, other content available or accessed by you on the Service.
l) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was made available on the Service.
m) any and all content submitted to the Service is subject to our approval. Without creating any obligation to do so and acknowledging that we do not constantly monitor sites, we reserve the right to reject, approve or modify your User content if we deem it offensive or in breach of any laws or our policies and standards, in consultation with the Administrator.
You represent and warrant that your content:
n) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
o) will not violate any law or regulation;
p) will not be defamatory or trade libellous;
q) will not be obscene or contain child pornography;
r) will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
s) will not contain material linked to terrorist activities.
t) will not include incomplete, false or inaccurate information about you or any other individual; and
u) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
We provide unmonitored access to other entities’ content, including Profile Opinions and Ratings and articles with original content and opinions (or links to such other entities’ content).
The Service may contain links to other services. We do not control other services to which we link from the Service. We do not endorse the content, products, services, practices, policies or performance of the services we link to from the Service. Use of other content, links to other content and/or services is at your risk.
11. Profile Opinions and Ratings
You agree that any feedback and reviews you leave on Profile and Ratings consisting of comments and a multidimensional rating (e.g., quality, communication etc.) may be used, modified or deleted by us without reference to you. You must not use, or deal with any feedback, reviews or comments by others in any way inconsistent with our policies as posted on the Service from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Provider feedback system. We are entitled to suspend or terminate your Account at any time if we are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any other than administrative purposes or facilitating the provisions of Services via the Service. You may not use your Profile and Ratings (including, but not limited to, marketing or exporting your any or all your composite rating or feedback comments) in any real or virtual venue other than a Service operated by the Provider or its related entities without our written permission.
12. Advertising
You grant us the absolute right to advertise on the ALL platform and use any other information that you that you provide to us.
Some content licensed by, provided to, created by, or otherwise made available by ALL may incorporate advertising, and ALL is not responsible for any such advertising.
You may engage with other entities or sponsor advertisements on your Private Portal so far as the advertisement complies with the law of the local jurisdiction and Private Portal Contract.
13. Business uses of our Services
If you are using our Service on behalf of a business/company/organisation, that business/company/organisation accepts these terms and agrees to comply with them.
14. About these Terms
We may modify these terms or any additional terms that apply to a Service and will notify you of significant changes to terms.
Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms of a Service, you may discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will be paramount.
These terms control the relationship between the Provider and you. They do not create any other beneficiary rights.
If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as acting in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Victoria will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms, or the Services will be litigated exclusively in the courts of Victoria and you and the Provider consent to the exclusive jurisdiction of those courts.
15. Whole agreement
These terms and any applicable additional terms constitute the entire agreement between you and the Provider relating to the Service and supersede all prior communications and/or agreements between you and the Provider relating to access and use of the Services.
16. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Provider offers the Service (including all content available on or through the Service) as-is and makes no representations or warranties of any kind concerning the Services, express, implied, statutory, or otherwise, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
The Provider does not warrant that the functions of the Services will be uninterrupted or error-free, that content made available on or through the Services will be error-free, that defects will be corrected, or that any servers used by the Provider are free of viruses or other harmful components.
The Provider does not warrant or make any representation regarding use of the content available through the Services in terms of accuracy, reliability, or otherwise.
17. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Provider be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or Services, or similar damages suffered or incurred by you or any other that arise in connection with the Services (or the termination thereof for any reason), even if the Provider has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the Provider is not responsible or liable whatsoever in any manner for any content posted on or available through the Services (including claims of infringement relating to that content), for your use of the Services, or for the conduct of others on or through the Services.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
Where permitted by law, the liability of the Provider to you on any account whatsoever will not exceed your cost of acquiring the Service.
18. Feedback & Questions
If you have questions about this Agreement, please contact us by email at hello@alifelived.io.
