| CLIENTS |
1. Use of ALAPTAW Services
This website (ALAPTAW)is operated by ARYACORP and provides its content on this website (hereinafter “the website”) subject to the terms and conditions (“the Terms”) contained therein. Throughout the site, the terms “we”, “us” and “our” refer to ARYACORP and ALAPTAW, and either use of ARYACORP or ALAPTAW refers to themselves as well as including the other. ARYACORP offers this website, including all information, tools, and services (“Services”) available on this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated therein.
By accessing and using any part of this website, you engage in our service and unconditionally and irrevocably agree to be bound by the Terms. These Terms apply to all users of the website whom visit and/or utilise the services of ALAPTAW. If you do not agree to all the Terms contained herein, you are not permitted to access the website or use any of its services.
The terms are developed in accordance with all relevant Australian legislation. If you access the website outside of Australia you are responsible for ensuring compliance with all applicable laws in the country you are located.
We may, from time to time, change the Terms at our discretion and without notice. It is your responsibility to check this page periodically for changes. By continuing to use the website you agree to be bound by the Terms as they apply from time to time.
2. Age of website users and clients
By agreeing to these terms of service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
3. Limitation of Liability
ALAPTAW solely provides a platform for Professionals and Clients to connect and acts only as a medium in order to facilitate business between them. Professionals and Clients contract independently for this provision of Services and each Client holds full responsibility for choosing a Professional, a location and date, and services to be performed by the Professional and does so at their own discretion and risk.
ALAPTAW is not under any obligation to conduct any background checks on Professionals but may do so at its own discretion, which may include a background and experience check, a proof of identity check, and/or a criminal background check.
ALAPTAW is not responsible for any aspect of the services provided by Professionals on the website, including but not limited to: quality, reliability, durability, legality, and failure to provide services. ALAPTAW is further not responsible for the integrity, responsibility or any actions or omissions of any of the Professionals or Clients.
You agree to indemnify, defend and hold us harmless and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. This defence and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
4. Content
Information or material (“Content”) on the website is of a general nature and we are not responsible if information made available on this site is not accurate, complete or current. The Content should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material is at the User’s own risk.
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to the provision of services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel services if any information in the service or on any related website is inaccurate at any time without prior notice (including after the submission for an order of service or product).
We have no obligation to update, amend or clarify information in the service, including without limitation, pricing information, except as required by law. No announced update or refresh date applied in the website should be taken to indicate that all information in the service has been modified or updated.
5. Service and prices
Prices for services are subject to change without notice. We reserve the right at any time to modify or discontinue the services (or any part or content thereof) without notice at any time.
We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to discontinue any service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
6. Accounts
Registration
The act of creating your Account grants you a right to use the Services that ALAPTAW provides, within the guidelines of the Terms and Conditions contained herein. In registering for your Account, some personal information will be requested in order to create your Account. You agree to supply true, accurate, current and complete information about yourself. You also agree that in providing the data you will not knowingly omit or misrepresent any salient and material facts or information, and that you will promptly update any changes to the data you have provided. You consent and authorise us to verify your provided information if needed in order for your use and access to the Services.
We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue or incomplete information, or who fails to meet the registration requirements.
Account ID
You must use your true and accurate name when you sign up for an account. When you register,you must select an Account ID. You are required to select an appropriate and non-offensive ID whichideally will be a reasonably descriptive name that clearly identifies you. This name will be used in connection with your card statements for all payments you accept through the Service.
We reserve the right to remove or reclaim any Account ID that we believe, in our sole discretion, is inappropriate, offensive, confusing, or potentially violates the rights of a third party.
Your Account
You agree to maintain your Account solely for your own use, and that you will not allow another person to use your Account ID to access or use the Services in any way. You are solely responsible for maintaining the confidentiality of your Account IDs, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We will not be liable for any harm caused by or related to the theft of your Account ID’s, your disclosure of your Account IDs, or your authorisation to allow another person to access or use the Services using your ID.
You are solely responsible for any activities that occur under your Account and you agree to notify us immediately of any unauthorised use of your Account and related security breach.
As a User, there are two Packagesavailable when creating an account with ALAPTAW. The “Zen” Package is free of charge while the “Alap Exclusive” Package is $50.00 per year. This will be billed the day before the anniversary of each consecutive year after the initial payment.
Syncing your Account
Part of the Services offered under our packages include an option to syncronise your page with your social media accounts, who are as such “Third Party Accounts”. In doing so you will be providing your Third Party Account login information through ALAPTAW. You hereby represent that you have the authority to disclose your Third Party Account login information to us without breaching any of our Terms and Conditions, and without obligating ALAPTAW to pay any fees or making us subject to any usage limitations imposed by those Third Party Providers.
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other of our agreements, or that it exposes Professionals, other Users, the company or us to harm. Harm includes fraud and other criminal acts as determined by us in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
7. Professional services
We provide you with access to third party services which we neither monitor nor have control or input. You acknowledge and agree that we provide access to such services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of these third party Professional services. Any use of these services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party Professionals.
We may, in the future, offer new services and/or features through the website that include the release of new Professional services. These new features and/or services shall also be subject to these terms of service.
8. Professional service links
Certain content, product and services available via our website includes content from third parties. Third party links on this site may direct to the third party websites. We are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and will not have any liability or responsibility for these materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third party websites. Please carefully review the third parties’ policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns or questions regarding any third party products or services should be directed to the third party.
9. User comments, feedback and other submissions
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
10. Personal Information
Any submission of personal information through the website is governed by our privacy policy. This can be found on our website, under Privacy Policy.
11. Credit Card Payments
In connection with services offered by Professionals, Professionals may require you to enter your credit card or other payment information, and may charge fees for reservations, including cancelled or missed appointments. The Professionals may only do so in accordance with any payment policy published on that Professional’s page on ALAPTAW at the time of your booking. The action of entering your payment information authorises us and our payment processers to charge and process the fees and charges in connection with your reservation in accordance with that policy published on the Professional’s page on ALAPTAW.
We use the payment service providers XERO and PAYPAL in connection with the Commonwealth Bank of Australia. You agree that you have read their Terms and Conditions as well and that you will be held to their Terms and Conditions.
We take reasonable efforts we believe, to ensure the secure transmission of your payment data to third parties to procure the payments, however we are not responsible for any fees or charges assessed by those third parties or any errors in the procession of payments by third parties, including any errors arising from third party negligence, improper transmission of payment, or your submission of payment information that is incorrect or faulty.
We facilitate the payment transaction according to these Terms, however we are not responsible for mediating any resulting disputes, and we have no obligation to provide refunds or credits. We may, at our sole discretion, grant refunds and credits in extenuating circumstances or to correct our specific errors.
12. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless or until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site and cancel your account.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the Entire Agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
No other term is to be included in this agreement except where it is required by law.
All implied terms except those implied by statute which cannot be excluded are hereby expressly excluded.