Terms of Service​

1. Welcome

ALVIE is a social networking service suited to a range of people including individuals with special needs with the object of providing them with reasonable and necessary supports to help them achieve their objectives under their National Disability Insurance Scheme (NDIS) plan. ALVIE is owned and operated by Alvie Pty Ltd (ACN 653 536 068) (we, us, our), and is accessible as a website or as a downloadable application.

2. Agreement

These terms of service as amended from time to time (Terms), form a binding legal agreement between you and us, and governs your use of ALVIE.  Please read these Terms carefully before installing and using ALVIE. 

If you have provided an NDIS Plan number when registering an account with ALVIE you agree that membership of ALVIE is a reasonable and necessary support for achieving your objectives under your NDIS plan and ALVIE is an approved support under your NDIS Plan.

3. Eligibility

In order to be eligible to successfully register an account with ALVIE you must:

1. be over 18 years of age, or if you are under 18 years of age, have your primary carer (Joint Account Member) successfully register an account with ALVIE; 
2. ordinarily reside in Australia; and
3. consent to a police check (or if you are under 18 years of age, arrange for your Joint Account Member to consent to you undergoing a police check).

Notwithstanding the above, we reserve our right to deem you not eligible to register an account with ALVIE for any reason whatsoever. 

4. Acceptance

By clicking “I AGREE”: 

1. 1. you agree to be bound by these Terms; and
   2. if you are under 18 years of age, your Joint Account Member agrees to these Terms on your behalf.  

If you (or your Joint Account Member if you are under 18 years of age) do not agree with these Terms, you must not access or use ALVIE.

5. Account and Login Details

5.1 In order to successfully register an account with ALVIE, you must: 

1. 1. be eligible; and
   2. provide information about yourself including your name, date of birth, gender, email address, consent to police check, carer details, address, profile picture, special needs, payment details, NDIS information and other preferences (Account Information).

You agree to provide true, accurate, current and complete Account Information and to maintain and promptly update your Account Information in order to ensure that it remains true, accurate, current and complete.

5.2 Once you successfully register an account with ALVIE you will receive a login and password (Login Details). We will send you your Login Details in a confirmation email.

6. Fees

6.1. You must pay all applicable fees relating to your use of ALVIE (Applicable Fees) which includes: 

1. 1. all fees in relation us undertaking a police check of you (Police Check Fees); and
   2. if GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) is payable on any part (or whole) of the Applicable Fees, that amount (GST Amount). 

6.2. You agree that the Applicable Fees displayed in ALVIE are current at the time of display. A change of the Applicable Fees (except for a change to the Police Check Fees or GST Amount) will be a change of these Terms and clause 8.2 will apply. Any change to the Applicable Fees will be effective from your next renewal of your Licence Period.  

6.3. Without limiting clause 12.2, all Applicable Fees are final and non-refundable except for if we deny all or part of your access to ALVIE for any reason other than your breach of these Terms. For clarity, refunds on the Applicable Fees are not payable in respect of:

1. 1. periods during which ALVIE is unavailable for maintenance or troubleshooting reasons;
   2. Police Check Fees;
   3. GST Amount; and 
   4. your termination of ALVIE (due to changes to ALVIE or these Terms, or otherwise). 

To the extent you are eligible for a refund of the Applicable Fees under this clause (Refund Amount), we will refund the Refund Amount on a pro-rata basis, up to the full duration of the Licence. 

6.4. You are responsible for any data usage fees and other third party charges you incur in connection with your access to, download and use of ALVIE (including the fees that may be charged by your internet service provider and/or other service providers).

7. Licence as an App

7.1. Subject to these Terms, we grant you a revocable, non-transferable, non-exclusive and limited licence to access and use ALVIE in a machine executable object code form for your personal use only (Licence) on the condition that you:

1. 1. successfully register an account with ALVIE and you receive confirmation from us; 
   2. select the duration of the Licence (i.e. monthly, 6 monthly or annually) (Licence Period); and
   3. pay the Applicable Fees for the Licence Period and receive confirmation from us.

7.2. Your Licence will expire at the end of the Licence Period unless and until you, prior to the expiry of your Licence Period:

1. 1. 1. select the duration that you wish to extend the Licence for (Renewal Period); and
      2. pay the Applicable Fees for the Renewal Period and receive confirmation from us.

The Licence Period will then be extended for the duration of Renewal Period. You can renew the Licence Period as many times as you like.

7.3. All rights (including intellectual property rights such as copyright and trade marks), whether subsisting now or in the future, in ALVIE and its contents are owned by or licensed to us.

7.4. We reserve all rights which are not expressly granted to you under these Terms.

8. Changes to ALVIE and the Terms

8.1. We will not modify, change or update ALVIE at any time without providing: 

1. 1. for modifications, changes or updates that significantly affect the functionality of ALVIE, at least 28 days’ prior notice to you; and
   2. for all other modifications, changes or updates, at least 7 days’ prior notice to you.  

In the event any such modification, change or update we do not warrant that any prior features or functionalities of ALVIE will remain. If you do not agree to the modification, change or update to ALVIE, you may terminate your account at any time. However, you agree that your use of ALVIE after the modification, change or update to ALVIE constitutes acceptance of these Terms applying to the modified, changed or updated ALVIE. 

8.2. We will not change these Terms at any time without providing: 

1. 1. for changes to the Terms that significantly impact how you use ALVIE, at least 28 days’ prior notice to you; and
   2. for all other changes to the Terms, at least 7 days’ prior notice to you.  

If you do not agree to the changed Terms by the date these Terms are changed, then your Licence and access to your ALVIE account will be immediately terminated.

9. Permitted Use and Restrictions

9.1. You must:

1. 1. use ALVIE in accordance with these Terms, our Privacy Policy, our reasonable directions, our content requirements and all applicable laws;
   2. take reasonable steps to protect your Login Details from unauthorised use; and
   3. ensure that no data, information or other content posted, entered or uploaded onto ALVIE is inappropriate or may cause offence, distress, menace or harassment (including profanities or indecent, obscene, racist, sexist, defamatory or other discriminatory content).

9.2. You must not:

1. 1. use ALVIE if you are not eligible to use ALVIE;
   2. provide false or misleading Account Information;
   3. have more than one active account at any time, whether this is by use of a different name, email address, an alias or any other combination;
   4. engaging in profanities, abuse, bullying or any other inappropriate behaviour;
   5. use ALVIE for any commercial purpose;
   6. assign, sub-licence, grant a security interest over or otherwise transfer any of your rights in respect of ALVIE;
   7. provide your Login Details to any other person except for your Joint Account Member;
   8. allow any other person to use your Login Details except for your Joint Account Member;
   9. copy, reproduce, store, transmit, publish, modify, translate into any language, disassemble, reverse engineer, reverse assemble or otherwise create derivate works from any part of ALVIE or its contents, except and only to the extent that such activity is expressly permitted by these Terms or applicable laws;
   10. access or use ALVIE in a manner which would expose us to the risk of any claims or other legal or administrative actions;
   11. use ALVIE to distribute any form of malicious, destructive or harmful code (including viruses, Trojan horses and worms) or any instructions activating such codes;
   12. use ALVIE in a manner which interferes, or threatens to interfere, with the efficiency or security of ALVIE (or the servers or networks connected to ALVIE) or the provision of ALVIE by us to another person; or
   13. use ALVIE in a manner which infringes any other person’s intellectual property rights, privacy rights or confidential information.
       
       

10. Denial of Access and Termination

10.1. We reserve our right to use detection software and/ or investigate your use of ALVIE in order to determine if a violation of these Terms has occurred or to comply with applicable laws. If, in our reasonable opinion, you have failed to comply with any of these Terms or applicable laws (including if your account or Login Details are used in an unusual or suspicious way) you will be notified and:

1. 1. On the first occasion you will be warned or if the failure to comply relates to eligibility your Licence will be immediately revoked and you will be ineligible to obtain a Licence in the future for a minimum of 6 months but subject to our sole and absolute discretion and we are not obliged to give you a reason; and
   2. On any subsequent occasion (or if you fail to rectify your non-compliance on your first occasion within a reasonable time) your ALVIE account will be terminated, your Licence immediately revoked and you will be ineligible to obtain a Licence in the future for a minimum of 6 months but subject to our sole and absolute discretion and we are not obliged to give you a reason.

10.2. Without limiting clause 10.1 or our rights under these Terms or at law, we may discontinue ALVIE (including ceasing to provide administrative and technical support for ALVIE) in our sole discretion and at any time and:

1. 1. We will notify you at least 28 days prior; and
   2. We may direct you to delete all copies of ALVIE, and related documentation, which are in your possession or under your control and you must comply with such directions.

10.3. Without limiting clause 12.2, you may terminate our agreement under these Terms at any time (including if you consider that changes we make to these Terms are materially detrimental to you) by deleting all copies of ALVIE, and related documentation, which are in your possession or under your control. Your Licence will be revoked upon termination.

11. Privacy and Information Provided by You

11.1. ALVIE may contain information or material which is posted, entered or uploaded by you or other users (User Content).  You agree that, in respect of all User Content, we are a distributor only and we are not responsible for the accuracy or completeness of that information.

11.2. User Content and certain other information about you (including personal information and health information, as defined in the Privacy Act 1988 (Cth)) are subject to our Privacy Policy, as amended from time to time, which you may view at https://alvie.com.au/privacy-policy/. You agree that our Privacy Policy constitutes part of the Terms.

11.3. If you post, enter or upload User Content:

1. 1. you grant us an irrevocable, non-exclusive and royalty-free worldwide licence to use, host and distribute the User Content;
   2. you agree that your User Content may be seen and used by other users of ALVIE;
   3. we may send you correspondence related to your User Content; and
   4. you must only submit User Content which belongs to you or which you are permitted to submit by the owner of the content.

11.4. We may at any time, with or without notice, filter, remove or refuse to publish User Content in our sole discretion and we are not obliged to give you a reason.

11.5. You agree that you are solely responsible for any information or User Content you post, enter or upload onto ALVIE, or which is posted, entered or uploaded by another person using your Login Details.

12. Liability and release

12.1. Subject to clause 12.2 below, for all matters connected to:

1. 1. your use or inability to use ALVIE;
      1. your interactions with other ALVIE users;
   2. the contents of ALVIE or any part of ALVIE or third party content referenced in ALVIE; or
   3. injury to you or a third party as a result of your use of ALVIE,

to the maximum extent permitted by law, we exclude all warranties, rights, remedies and liability to you or a third party, whether arising under law (including rules of common law, principles of equity, statutes and regulations), tort (including negligence), breach of contract or otherwise.

12.2. ALVIE comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with ALVIE, you are entitled:

1. 1. To cancel your service contract with us; and
   2. To refund for the unused portion, or to compensate for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with ALVIE rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

12.3. Subject to clause 12.2 above, you hereby consent to release us, our personnel and subcontractors from any loss (including legal costs and expenses) or liability you suffer arising out of, or in connection with, your use or inability to use ALVIE or your interactions with other ALVIE users or with respect to the contents of ALVIE or any part of ALVIE (including or third party content referenced in ALVIE).

13. General

13.1. These Terms are governed by and must be construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and all courts which have jurisdiction to hear appeals from those courts.

13.2. If any clause or part thereof of these Terms is found to be void, unenforceable or invalid, then it must be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

13.3. The termination of our agreement under these Terms will not affect the continuing rights and obligations of both you and us under any provision of these Terms which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.

13.4. These Terms represent the entire agreement between you and us concerning the subject matter of these Terms and they supersede any prior proposal, representation, or understanding between you and us.

14. Support, feedback, complaints and disputes

14.1 If you need any technical assistance with ALVIE you can contact us on the help link accessible on ALVIE at any time and we will reply to you within 2 business days.

14.2. If you wish to give us feedback use the feedback link in ALVIE.

14.3. If you are unhappy with ALVIE you can make a complaint use the complaint link in ALVIE or else if you are a member with an NDIS Plan you can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.

14.4. You agree that we are not required to contact or follow up with you or the NDIS regarding any feedback, complaint or dispute in relation to ALVIE.

Last updated 1/04/2022