1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2   By using our website, you accept these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3   If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4   By using our website or agreeing to these terms and conditions.

2. Copyright notice

2.1    Copyright © Alumnly Pty Ltd, 2022.

2.2    Subject to the express provisions of these terms and conditions:

1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1    Ordinary users of the website may:

1. view pages from our website in a web browser;
2. download pages from our website for caching in a web browser;
3. print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
4. stream audio and video files from our website using the media player on our website; and
5. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2    Schools, colleges, universities and organizations may create their own site within Alumny (Alumni Page), and register as a School Admin of the site (see Section 7). In addition to the permitted usages outlined in 3.1, School Admins may also:

1. customize their landing page for their Alumni Page by adding logos, themes, images, text and other details;
2. add their Stripe Payment Gateway keys for processing payments to their Stripe account;
3. manage their membership subscription plans;
4. add additional administrators;
5. upload, add or invite their alumni to register with their Alumni Page;
6. search and update their Alumni contact and/or personal details;
7. create marketing lists;
8. create and manage events, fundraisers, jobs, photos, news, email newsletters, message their Alumni, sell items and send SMS messages to their Alumni;
9. manage and regulate the use of Business Directory services through the Alumni Page;
10. deactivate or delete any Alumni account associated with their Alumni Page.

3.3    Former students of any school, colleges, universities, and organization which are registered with Alumnly and have an active Alumni Page may register as an Alumni (see Section 7). In addition to the permitted usages outlined in 3.1, Alumni may also:

1. register for their Alumni Page using their Facebook, Google, LinkedIn account or email;
2. login to their Alumni Page;
3. manage and update their personal details, including personal details, work and education information;
4. share stories, photographs and images with other Alumni;
5. volunteer to assist their Alumni community;
6. opt in or out to receiving notifications;
7. view other Alumni profiles, follow other Alumni, establish Alumni networks, seek assistance from fellow Alumni who have opted in to provide assistance, and send in mail messages to other Alumni;
8. view and register for events that have been added to the Alumni Page by the School Admins, invite other Alumni to events, add comments and reply to comments, and purchase tickets for Alumni events;
9. view, add comments and reply to comments relating to fundraising activities posted by the School Admins, make donations, and share details of fundraising activities via email and through external social media accounts, including Facebook and LinkedIn;
10. post job listings, apply for jobs listed on the site and send resumes to job advertisers;
11. display and list business details and promotions/advertisements about the business on their Alumni Page;
12. upload up to a maximum of 20 photographs which may be viewed by other Alumni and School Admins, and view photographs uploaded by other Alumni or School Admins;
13. view news articles posted by School Admins;
14. purchase memorabilia added by School Admins.

3.4    Except as expressly permitted by Sections 3.1-3.3 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.5    You may only use our website for your own personal and business purposes and you must not use our website for any other purposes.

3.6    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.7    Unless you own or control the relevant rights in the material, you must not:

1. republish material from our website (including republication on another website);
2. sell, rent or sub-license material from our website;
3. show any material from our website in public;
4. exploit material from our website for a commercial purpose; or
5. redistribute material from our website.

3.9    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Other social media platforms

4.1    Our website includes features that enable users to interact with other social media platforms - including Facebook, LinkedIn, X, Instagram, Apple Store directly from our website.

4.2    Using the social media features on our website, you may:

1. share data or content from our website;
2. like or upvote content from our website; and
3. share details of fundraising and other events from our website.

4.3    You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.

4.4    Subject to Section 16.1, we will not be liable to you for any loss or damage arising out of:

1. your use of any third party social media platform; and
2. any act or omission of any third party social media platform operator.

4.5    When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our Privacy and Cookies Policy.

5. Misuse of website

5.1    You must not:

1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. hack or otherwise tamper with our website;
4. probe, scan or test the vulnerability of our website without our permission;
5. circumvent any authentication or security systems or processes on or relating to our website;
6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
8. decrypt or decipher any communications sent by or to our website without our permission;
9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
10. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
11. use our website except by means of our public interfaces;
12. violate the directives set out in the robots.txt file for our website;
13. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
14. do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Plans and Memberships

6.1    There are currently four tiers of memberships (Membership Plans) on offer for establishing an Alumni Page: one being Free and the other Paid. Further tiers and pricing options may be added by us from time to time.

6.2    Each of our Membership Plans may be updated from time to time to include additional features or restrictions without notice to you. We also reserve the right to update or change the pricing for each of our Membership Plans at any time.

6.3    Existing members on either of our Membership Plans will not be affected by any price changes to those plans until the end of their contract term. Upon renewal, any updated price will be implemented and you will have the choice to either renew your Membership Plan or select a different tier Membership Plan.

6.4    Subscribers have the option to pay monthly or yearly using direct debit. Our payment gateway for managing the payments is “Stripe” (https://stripe.com/au),

which is an external payment platform and not directly affiliated with Alumnly Pty Ltd. We do not store any credit card information on our site and do not accept any liability in regards to your use of the Stripe payment gateway.

6.5    All invoice issued by us must be paid within 14 days of issue. Any amounts outstanding after 14 days will be charged penalty interest at the rate of 10% above the Westpac Bank standard interest rate.

6.6   If you do not renew your membership for any reason at the end of your current term, then your plan will automatically be switched from the current Membership Plan to the Free tier Membership Plan.

6.7    An overview of the current inclusions and pricing for each of the Free and Paid Membership Plans currently available is outlined on our website at https://alumnly.com/pricing.

6.8    Free tier members can create Events and Fundraising on their Alumni Page, however for all payment transactions generated in relation to those events and fundraising, Alumnly will be entitled to a commission payment of up to 40%, at our election. Paid tier members will not be charged any commission in relation to payment transactions generated in relation to events and fundraising activities through their Alumni Page.

6.9   Email newsletters are integrated with SendGrid (https://sendgrid.com), which is a third party platform and not directly affiliated with Alumnly Pty Ltd. We do not accept any liability in regards to your use of the SendGrid website or platform.

7. Registration and accounts

7.1    School Admins may register for an account with our website by:

1. completing and submitting the School Admin account registration form on our website at https://registration.alumnly.com/registration, including provision of contact information;

2. agreeing to our site’s Terms & Conditions and Privacy Policy;

3. selecting either our Free or Paid Membership Plan;

4. if selecting Paid Membership Plan, nominating either a yearly or monthly payment plan and submitting valid payment authorization information through our payment gateway Stripe (https://stripe.com/au);

5. nominating a sub-domain site within the website for your school, college, university or organization in the following format: name of your school.alumnly.com; and

6. clicking on the verification link in the email that the website will send to you and following the prompts contained in that email to complete registration.

7.2    Alumni may register for an account with our website by:

1. completing and submitting the account registration form on our website at https://registration.alumnly.c..., including provision of contact information;

2. agreeing to our site’s Terms & Conditions and Privacy Policy;

3. selecting an existing Alumni Page within the website for your school, college, university or organization; and

4. clicking on the verification link in the email that the website will send to you and following the prompts contained in that email to complete registration.

7.4    Alumni must verify and confirm that they are a former student of the school, college, university or organization associated with the Alumni Page with which they wish to register in order to qualify for an account. Any Alumni who is discovered not to be a former student of the school, college, university or organization associated with the Alumni Page corresponding to their account may have their profile removed or deleted from the Alumni Page at the sole discretion of the School Admins for that page. We do not take any responsibility for the removal or deletion of any Alumni profile from an Alumni Page at the School Admins discretion.

7.4    You must not allow any other person to use your account to access the website.

7.5    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.6    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

8. User login details

8.1    If you register for an account with our website, you will be asked to choose a user ID and password.

8.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13. You must not use your account or user ID for or in connection with the impersonation of any person.

8.3    You must keep your password confidential.

8.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1    We may:

1. suspend your account;
2. cancel your account; and/or
3. edit your account details,  at any time in our sole discretion with or without notice to you.

9.2    You may cancel your account on our website using your account control panel on the website.

9.3    In the event that a Paid membership is cancelled by you prior to the end of the current Term (either one year for annual subscriptions or one month for monthly subscriptions):

1. you will not be entitled to any refund of fees in relation to the remainder of the Term;
2. if you have subscribed to a monthly payment plan, the balance of fees due for the remainder of the Term will become due and payable within 7 days of receipt of the request for cancellation of your account. In that event, you authorize us to deduct any balance of fees from your nominated account or using the direct debit or credit card details submitted through the Stripe platform;
3. your membership may be moved to a Free membership plan at your election.

10. Social networking

10.1    Registered School Admins and Alumni will have access to such additional features on our website as we may from time to time determine, which may include:

1. facilities to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;
2. facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
3. the facility to send private messages via the website to particular groups or individuals registered on the website; and
4. the facility to post and publish text and media on the website.

10.2    You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 16.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

10.3    You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 16.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

11. Business Directory

11.1    Alumni will have access to the “Business Directory” module which allows business details, promotions and advertisements to be listed and displayed on their Alumni Page, the Alumnly Website and their school’s website. School Admins may also allow access to the Business Directory module to non-Alumni at their absolute discretion.

11.2    Business Directory users may subscribe to either a standard or premium listing package through Business Directory. Each option will be subject to a different pricing plan which will be determined by the relevant educational institution administering the Alumni Page.

11.3    All plan costs for Business Directory are determined by the relevant educational institution administering the Alumni Page and any enquiries in relation to plan costs should be directed to the School Admin. Alumnly does not have any control over those plan costs and does not accept any responsibility or liability in relation to any disputes regarding payment or pricing for any subscription to a Business Directory plan.

11.4    Subscription fees for Business Directory are paid annually and Business Directory users will have the option to set up recurring annual payments by credit card or other payment methods as may be provided.

11.5    Alumnly does not store any credit card information and all payments are processed directly to the banking details provided by the relevant educational institutions administering the Alumni page.

11.6    Subscribers to Business Directory agree to a minimum 1 year annual subscription and will not be entitled to a refund of fees in the event that their business listing is cancelled or terminated during that term. Cancellation of any subscription will only take effect from the yearly end date of the applicable term and no further payments will be processed after the cancellation date.

11.7    Business Directory users may change or upgrade their subscription plan at any time, however any such change will only take effect as of the renewal date for the business listing.

11.8    All business listings, promotions and advertisements will be viewable by other third parties and accordingly, all content posted must comply with the provisions of Section 14.

12. Personal profiles

12.1    All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.

12.2    You must keep your personal profile on our website up to date.

12.3    Personal profile information must also comply with the provisions of Section 5 and Section 14.

13. Our rights to use your content

13.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

13.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

13.3    You grant to us the right to sub-license the rights licensed under Section 13.2.

13.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.

13.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

13.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

13.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

14. Rules about your content

14.1    You warrant and represent that your content will comply with these terms and conditions.

14.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

14.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
4. infringe any right of confidence, right of privacy or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
7. be in contempt of any court or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislatio;
9. be blasphemous;
10. be in breach of official secrets legislation;
11. be in breach of any contractual obligation owed to any person;
12. depict violence in an explicit, graphic or gratuitous manner;
13. be pornographic, lewd, suggestive or sexually explicit;
14. be untrue, false, inaccurate or misleading;
15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. constitute spam;
17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
18. cause annoyance, inconvenience or needless anxiety to any person.

14.4    Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

14.5    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

14.6    You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

15. Report abuse

15.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2    You can let us know about any such material or activity by email.

16. Limited warranties

16.1    We do not warrant or represent:

1. the completeness or accuracy of the information published on our website;

2. that the material on the website is up to date;

3. that the website will operate without fault; or

4. that the website or any service on the website will remain available.

16.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

16.3    To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

17. Limitations and exclusions of liability

17.1    Nothing in these terms and conditions will:

1. limit or exclude any liability for death or personal injury resulting from negligence;

2. limit or exclude any liability for fraud or fraudulent misrepresentation;

3. limit any liabilities in any way that is not permitted under applicable law; or

4. exclude any liabilities that may not be excluded under applicable law.

17.2    The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:

1. are subject to Section 17.1; and

2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

17.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

17.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

17.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

17.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

18. Indemnity

18.1    You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

19. Breaches of these terms and conditions

19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to our website;
3. permanently prohibit you from accessing our website;
4. block computers using your IP address from accessing our website;
5. contact any or all of your internet service providers and request that they block your access to our website;
6. commence legal action against you, whether for breach of contract or otherwise; and/or
7. suspend or delete your account on our website.

19.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. Third party websites

20.1    Our website includes hyperlinks to other websites owned and operated by third parties. Such hyperlinks are not recommendations.

20.2    We have no control over third party websites and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

21. Trade marks

21.1    ALUMNLY, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

21.2    The third party registered and unregistered trade marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

22. Variation

22.1    We may revise these terms and conditions from time to time.

22.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

22.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions. If you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

23. Assignment

23.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

23.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

24. Severability

24.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

24.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

25. Third party rights

25.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

25.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

26. Entire agreement

26.1    Subject to Section 17.1, these terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

27. Law and jurisdiction

27.1    These terms and conditions shall be governed by and construed in accordance with Australian law.

27.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.

28. Our details

28.1    This website is owned and operated by Alumnly Pty Ltd.

28.2    We are registered as a business in Australia under ABN 24 602 502 983, and our registered office and principal place of business is at 321 Moorabool Street, Geelong, Victoria 3220.

28.4    You can contact us:

1. by post, to the postal address given above;
2. using our website contact form; or
3. by telephone, on the contact number published on our website.