This agreement describes the Terms and Conditions that apply to your use of the services. If you do not understand any terms of this agreement, please contact us before using the services.
These Terms and Conditions (“Terms”) govern the contractual relationship between:
You and Aluminary shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Mobile App. Your access to the Mobile App and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with these Terms.
By accessing the Mobile App and by using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall
(i) not be permitted/authorized to use the Services (as defined below) on the Platform (as defined below), and;
(ii) refrain from accessing the Mobile App.
Your continued use of the Mobile App and Services on the Platform (as defined below) shall be deemed to constitute your acceptance of these Terms.
Aluminary reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. If you object to any such changes, your sole recourse shall be to cease using the Mobile App and/or Services. Your continued use/access to the Mobile App and your continued use of the Services on the Platform (as defined below) following the posting of any changes to these Terms shall indicte your acknowledgement of such changes and satisfaction with the Mobile App and/or Services as so modified and therefore shall be subject to the newly modified Terms.
2.1 Aluminary provides Alumni Users and Local Alumni Association Leadership Team Members (defined below), with a mobile Software-as-a-Service (SaaS) professional networking platform integrated in a Mobile App to facilitate networking and user interactions using algorithms (hereinafter referred to as the “Platform”) which enable Alumni Users (defined below) and Local Alumni Association Leadership Team Members (defined below), to use the Services (defined below). Aluminary hereby grants each User (who hold a User Account with Aluminary) a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform via the Mobile App in strict compliance with the terms and conditions of the present Terms.
2.2 Aluminary also:
(i) provides qualified Alumni holding an alumni membership status from selected universities/schools (collectively “Alumni User(s)”) with access to the Platform to (a) connect with other alumni, (b) participate in forum discussions, (c) share information, (d) offer advice, (e) express interest to posted opportunities (f) hold private chat conversations (g) register to posted events.
(ii) provides Local Alumni Association Leadership Team Members (collectively “Alumni Association(s)”) with services on the Platform, where they can (a) share updates and latest activities, (b) share various opportunities, (c) communicate around events they organize, (d) manage event registrations, and (e) participate in one-on-one or group chats.
(iii) any and all other services and tools, Aluminary may develop and provide to you; and
(viii) potentially provides you with tailored/custom services to suit your business needs and requirements,
(collectively the “Service(s)”).
2.3 You acknowledge that Aluminary shall not be responsible for
(i) conducting any background checks on registered users,
(ii) screening the authenticity or quality of any third party material, content, data, products or services found by you through our Mobile App and/or Services,
(iii) verifying Alumni User’s academic and employment history, and
(iv) any business transactions/dealings between you (on the one hand) and any third party organizations/companies and/or individuals (on the other hand) found on or through the Mobile App and/or Services, and as further provided under Section 13 of these Terms.
2.4 You acknowledge and agree to execute any and all agreements necessary to give effect to your use of the Services.
3.1 To be able to use the Services on the Platform, all Users must register on the Mobile App by providing all required information which shall include but not be limited to:
(i) Alumni information: academic institution, degree/certificate completed, year of completion and lifelong email address;
(ii) Personal information: First name, last name, gender, birthday, country of residence;
(iii) Professional information: employment status, job title, company, industry, and/or LinkedIn profile.
After careful verification, an account shall thereafter be opened by Aluminary, in its sole discretion, for the Alumni User and Alumni Association Leadership Team Member, on the Mobile App (“User Account”). You acknowledge and agree to Aluminary using your applicable university .edu domain email address (if any), to verify the alumni status and the validity of the information you have provided to us when registering for your User Account, at Aluminary’s sole discretion. You acknowledge and agree that Aluminary may, in its sole discretion, deny you access to its Mobile App, Platform and/or Services for any reason or no reason at all.
3.2 You agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by Aluminary’s registration process on the Mobile App; and
(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.
3.3 If you provide any information to Aluminary that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Mobile App and deny you the ability to access and use the Services.
3.4 You acknowledge that you may transition from having a User Account as a Alumni User to having a User Account as a Alumni Association Leadership Team Member, depending on your role in the Alumni Association.
3.5 You may indicate, during the registration process, to Aluminary your choice of User Account’s username and password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for
(i) maintaining the confidentiality of your Login Credentials; and
(ii) any and all activities which occur under your User Account.
You agree to notify Aluminary immediately of any unauthorized use of your User Account or any other breach of security. Aluminary shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses or damage incurred by Aluminary due to any third party using your Login Credentials and/or User Account.
You acknowledge and agree that you may not, under any circumstances,
(i) use the User Account of another user registered on the Mobile App; and
(ii) impersonate any individual or entity, including, but not limited to, any company, forum leader, guide or host or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Mobile App and when using the Services on the Platform.
3.6 You acknowledge that your User account is for your personal and/or professional use.
As such, you agree to receiving
(i) certain marketing communications from Aluminary, as it pertains to the Services we provide on the Mobile App; and
(ii) networking opportunities from other users on the Platform, who may contact you from time to time.
3.7 You shall not use your User Account to resell any of the Services and post any content on the Platform that could be construed as an advertisement.
4.1 Aluminary currently offers the use of services free of charge. A subscription plan will be offered over time, tailored to the intended uses of the Services and which shall enable the Users to use the selected Services (“Subscription Plan(s)”). Aluminary may in its sole discretion and at any time, put Subscription Plans and other In-App Purchases in place.
4.2 Aluminary offers a registration fee service on events posted on the Platform. The Alumni User registering to an event may have an option to pay for the participation through the Platform via a third-party payment processor, Stripe. By completing the required registration on the Mobile App, Alumni User agrees to authorize Aluminary and our third party payment processor Stripe, to charge their respective credit card a one-time payment. If the event organizing body is an external organisation, such as an Alumni Association, Aluminary will transfer the event revenues to this organization within the 10 days following the event, after deduction of the Stripe and Aluminary transaction fees.
4.3 Alumni Users and Alumni Associations agree to notify Aluminary of any billing queries and errors within thirty (30) days after receipt of their respective invoice. Should you not notify Aluminary of any billing queries and/or errors, this absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.
4.4 Aluminary reserves the right to change the transaction costs for event fees and to alter the features and options associated with any particular In-App Purchase.
5.1 You may not use the Mobile App to transmit, distribute, store or destroy any material or information
(i) in violation of any applicable law or regulation;
(ii) in a manner that infringes Aluminary’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights;
(iii) in a manner that violates the privacy or other personal rights of third parties;
(iv) that is defamatory, obscene, threatening, abusive or hateful, and/or
(v) in order to upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libellous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable
5.2 When accessing the Mobile App, you shall be prohibited from:
(i) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Mobile App;
(ii) taking any action that imposes an unreasonable or disproportionately large data load on the Mobile App’s infrastructure;
(iii) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Mobile App without Aluminary’s prior written consent;
(iv) accessing, tampering with, or use non-public areas of the Mobile App and/or Services, of Aluminary’s computer systems and/or of our third party providers’ technical delivery systems;
(v) probing, scanning, or testing the vulnerability of any of Aluminary’s system or network or breach or circumvent any of Aluminary’s security or authentication measures;
(vi) accessing, searching or attempting to access or search the Mobile App and/or Services by any means other than through Aluminary’s currently available, published interfaces that are provided by Aluminary, unless you have been specifically allowed to do so in a separate agreement with Aluminary;
(vii) reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Platform, Mobile App and/or Services or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(viii) attempting to access any area of the Mobile App to which access is not authorized;
(ix) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Mobile App;
(x) conducting any systematic or automated data collection activities on or in relation to the Mobile App, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Aluminary’s prior written consent;
(xi) using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Mobile App;
(xii) using the Mobile App to transmit or send unsolicited commercial and marketing communications for any purpose, without Aluminary’s prior written consent;
(xiii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
(xiv) forging any TCP/IP packet header or any part of the header information in any email or posting, or in any way using the Mobile App to send altered, deceptive or false source-identifying information;
(xv) disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Mobile App;
(xvi) creating or maintaining any third party link on the Mobile App, without our prior written consent;
(xvii) running or displaying the Mobile App, or pages, information or material obtained from the Mobile App on a third party website or application without our prior written consent;
(xviii) causing harm to any minor in any manner whatsoever;
(xix) forging captions, headings or titles; or uploading, posting, emailing, transmitting, or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship;
(xx) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
(xxi) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions on the Mobile App;
(xxii) intentionally or unintentionally violating any local, state, federal, national or international law, and any regulations having the force of law;
(xxiii) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the European Union as a “foreign terrorist organization”;
(xxiv) stalking or with the intent to otherwise harass another individual on the Mobile App; and/or,
(xxv) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
5.3 All and any information, data, materials, proprietary algorithms and content provided on the Mobile App, Services are intended for reference and information purposes only and are designed solely to provide guidance to Alumni Users. The information on the Mobile App and the Services is not intended to be a substitute for personalized professional advice.
6.1 Aluminary allows you to make available certain information contained in your User Account and other text, graphics, discussions or any other material (“User Content”) on the Mobile App. You shall be responsible for the User Content that you post to the Mobile App, including for its legality, reliability, and appropriateness. By posting User Content on the Mobile App, you grant Aluminary the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right/license to fully exploit, use, modify, perform, display, reproduce, and distribute such User Content on and through the Mobile App. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Mobile App and you shall be solely responsible for protecting those rights.
(i) the User Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant Aluminary the rights and (sub-)license as granted by you under Section 5.1 of these Terms, and
(ii) the posting of User Content on or through the Mobile App does not violate (a) Aluminary’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of Aluminary or of any third party.
6.2 Aluminary reserves the right to block or remove User Content that Aluminary determines to be:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of Aluminary’s Intellectual Property Rights (defined below) or of any third party’s intellectual property rights or;
(iv) offensive or otherwise unacceptable to Aluminary in its sole and exclusive discretion. Aluminary acknowledges that, by providing you with the ability to view and distribute user-generated content on the Mobile App, Aluminary is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities or transactions on the Mobile App.
6.3 By sending Aluminary any ideas, suggestions, documents or proposals (“Feedback”), you agree that
(i) your Feedback does not contain any confidential or proprietary information belonging to any third party(ies),
(ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) we may have feedback which is similar to your Feedback, already under consideration or in development, and
(iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Aluminary and its vendors and users any claims and assertions of any moral rights contained in such Feedback.
You hereby represent and warrant that your access to the Mobile App and your use of the Services (including via permitted links) will:
(i) be in accordance with these Terms;
(ii) comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data);
(iii) not be for any unlawful purposes;
(iv) not entail, imply or give rise to the publication of any illegal content;
(v) not further any illegal activities;
(vi) not infringe upon or misappropriate any Aluminary’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights;
(vii) will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party.
8.1 Unless otherwise provided under these Terms, the Services shall be provided by Aluminary to you “as is,” with all faults, defects, bugs, and errors.
8.2 ALUMINARY HEREBY
(I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE PLATFORM; AND
(II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USER CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.
8.3 ALUMINARY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF
(i) THE INFORMATION CONTAINED ON THE MOBILE APP, PLATFORM AND SERVICES, AND
(ii) RELATED GRAPHICS PUBLISHED ON THE MOBILE APP, PLATFORM AND SERVICES FOR ANY PURPOSE.
ALUMINARY AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE MOBILE APP, PLATFORM AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8.4 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE MOBILE APP, PLATFORM AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
8.5 NEITHER ALUMINARY NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE MOBILE APP, PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
8.6 ALUMINARY MAKES NO WARRANTY THAT
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(II) THAT YOUR ACCESS TO OR USE OF THE MOBILE APP, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
(III) THAT ANY DEFECTS IN THE PLATFORM AND /OR SERVICES WILL BE CORRECTED, OR
(IV) THAT THE PLATFORM AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
8.7 ANY MATERIAL/INFORMATION DOWNLOADED, CAPTURED, SUBMITTED, CREATED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE APP, PLATFORM AND SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, CAPTURING, SUBMISSION OR CREATION BY YOU OF ANY SUCH MATERIAL/INFORMATION.
9.1 All content, trademarks, data, information or information contained in any materials, or documents used by Aluminary in relation to the Mobile App, Platform and Services, including but not limited to any and all copyrighted works, databases, text, algorithms, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to Aluminary. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Aluminary’s prior written permission.
9.2 Any and all intellectual property rights in the Materials, Mobile App, Platform and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Aluminary’s Intellectual Property Right(s)”), vests solely and exclusively in Aluminary, its affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Aluminary to you are reserved by Aluminary. Save as expressly set out herein, you shall not acquire any right, title or interest in Aluminary’s Intellectual Property Rights.
9.3 You shall be the sole and exclusive owner of all your intellectual property rights in the User Content (“User’s Intellectual Property Rights”) which you make available on the Platform. Aluminary may not use any of User’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without your prior written consent. You hereby grant Aluminary the non-exclusive right to use User’s Intellectual Property Rights, free of charge, in connection with your use of the Services on the Platform, to the extent necessary for Aluminary to
(i) exercise Aluminary’s rights under these Terms, and
(ii) perform Aluminary’s obligations under these Terms.
10.1 You agree to indemnify and hold harmless Aluminary from and against any liability, demand, damages, cost, or expense arising from any third party claim based on:
(i) your violation of these Terms;
(ii) your use or misuse of the Service(s); and/or
(iii) your infringement of Aluminary’s Intellectual Property Rights.
Aluminary shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Aluminary. “Negligence” shall mean gross negligence or intentional misconduct.
10.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall:
(i) promptly notify the indemnifying Party of the claim,
(ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and
(iii) allow the indemnifying Party the opportunity to assume the control of the defence and settlement of such claim.
The indemnified Party shall be entitled to participate in the defence of such claim and to employ counsel at its own expense to assist in the handling of such claim.
The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
11.1 ALUMINARY, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE MOBILE APP, FROM YOUR USE OF THE SERVICES ON THE PLATFORM, EVEN IF ALUMINARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 WHILE ALUMINARY TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO MOBILE APP OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, ALUMINARY AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE MOBILE APP, THROUGH YOUR USE OF THE SERVICES ON THE PLATFORM.
11.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, ALUMINARY’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED EUROS (100.00€).
Aluminary’s Privacy Policy, governs the use, storage and processing of the personal information you may provide to Aluminary through your
(i) access to the Platform via the Mobile App, and/or
(ii) use of the Services on the Platform.
Your election to use the Services via the Platform (through the Mobile App) shall be deemed to constitute your acceptance of the terms of Aluminary’s Privacy Policy.
The Mobile App, Platform and/or Services may contain links and/or ads to third-party website or resources. Such links and/or ads to third-party website or resources are provided only as a convenience. If you click on such links and/or ads you may leave the Platform, Mobile App and/or Services. You acknowledge and agree that Aluminary shall not be responsible or liable for:
(i) the availability or accuracy of such website or resources; or
(ii) the content, products or services on or available from such website or resources.
The simple fact that the Mobile App, Platform and/or Services contain links and ads to such third website or resources does not imply any endorsement by Aluminary of such third party website or resources or of the third party content, products, or services available from such third party website or resources.
Your communications, interactions or business transactions/dealings with any third party organizations/companies and/or individuals (including contractors and other users) found on or through the Mobile App, Platform and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings (e.g. payment and delivery of goods or services), shall be solely between you and such third party except as may be otherwise stated herein. You acknowledge and agree that Aluminary shall not be
(1) a party to any such business transactions/dealings you may enter into with such third parties, and
(2) liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party or users found through
(i) the Platform via the Mobile App and/or
(ii) your use of the Services.
The Services are not intended to persons younger than eighteen (18) years of age. By accessing and using the Mobile App, and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.
15.1 Aluminary may suspend or temporarily disable access to all or part of the Mobile App, Platform, User Account, or Services if
(i) Aluminary suspects you of partaking in any illegal activity;
(ii) Aluminary reasonably believes that you have violated these Terms;
(iii) Aluminary reasonably believes you of using the Services to promote your business or for any other reason besides and participating/engaging in our professional networking forums/discussions; or
(iv) applicable law enforcement or other government agencies have requested Aluminary to suspend or temporarily disable your access to the Mobile App, Platform and/or Services.
15.2 If Aluminary breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Aluminary shall
(i) block your access to all of the Mobile App,
(ii) block your use of the Services,
(iii) disable your User Account, and
(iv) delete all of your data in your User Account.
You acknowledge that Aluminary is merely a service provider that provides the Platform for Alumni Users to network and connect with each other. Accordingly, there is no employment, agency, joint venture, partnership or independent contractor relationship between you and Aluminary.
17.1 Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third party’s products or services, even if such products or services are similar to the Services provided by Aluminary on the Platform via the Mobile App.
Nothing herein is intended to limit Aluminary’s right to provide the Services to other registered users as a third party intermediary.
17.2 Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
17.3 No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.
17.4 Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to contact@aluminary.net.
17.5 Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
17.6 Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of France.
In the event of a dispute or claim and in order to find a settlement agreement as a matter of priority, the Alumni User will address its grievances to Aluminary by postal mail with acknowledgment of receipt. In the absence of an amicable agreement, any dispute or claim may be brought before the competent court.
Should you have any questions concerning these Terms and Conditions and/or any issues or concerns about the Mobile App, Platform and/or Services you may contact Aluminary at contact@aluminary.net.
Effective Date: 2nd April, 2021