ALPHA NOW – TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM

1 INTRODUCTION

These Terms of Use (“Terms”) (together with the documents referred to in it) set out the rules which apply to your use of, and access to, the Alpha Now (whether accessed through our website hosted at https://online.alpha.org or any other method we make available from time to time) (the “Platform”).

The Platform is operated by Alpha International (“we”, “us”, “our”). We are a charity registered in England and Wales under charity number 1086179 and have our registered office at HTB Brompton Road, London SW7 1JA.

We have developed a number of online courses that we make available to churches which are run and overseen by each church and its authorities (each an “Alpha Course”). Each church authority will appoint a course administrator to deliver an Alpha Course (the “Course Administrator”). Whilst we have developed the Alpha Course materials, the individual church authorities are responsible for the delivery of each Alpha Course to its members. To contact us, please email alphanow@alpha.org.

1.1 By using our Platform you accept these Terms

These Terms apply to all users of the Platform – including if you have been granted access to the Platform and to participate in the Alpha courses by your church, and if you are an Alpha course administrator managing the Platform accounts on behalf of your church. By accessing and using the Platform you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not access or use our Platform.

Please note, if you are an Alpha course administrator it is your responsibility to ensure that all of your participants have read and agreed to these Terms prior to access, and that they comply with them throughout their use of the Platform.

1.2 Other terms that may apply to you

These Terms only apply to your access to and use of the Platform. All other services we provide to you, including your registration for and participation in each Alpha course (whether accessed through the Platform or otherwise) are governed by separate terms of service which you will be required to sign up to prior to completing your registration for the relevant Alpha service.

These Terms refer to the following additional terms, which also apply to your use of our Platform: – our Privacy Policy here, which details how and why we use your personal data; and – our Cookie Policy here, which sets out how we use cookies on our Platform.

2 CHANGES

2.1 We may make changes to these Terms

We may amend these Terms from time to time. Each time you wish to use our Platform, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated in August 2021.

2.2 We may make changes to our Platform

We may update and change our Platform from time to time to reflect changes to our products, our services, our users’ needs, our business priorities and/or for any other reason. We will try to give you reasonable notice of any major changes.

2.3 We may suspend or withdraw our Platform

Our Platform is made available free of charge. We do not guarantee that our Platform, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for any reason howsoever arising. We will try to give you reasonable notice of any such suspension or withdrawal.

You are responsible for ensuring that anyone who accesses our Platform through your internet connection is aware of these Terms, and that they comply with them.

2.4 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. If this happens, we will endeavour to tell you in writing, which may include e-mail and/or a notice on the Platform.

3 DISCLAIMER

3.1 Information on this Platform

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is reliable, accurate, complete or up to date. Please note, if you access and participate in Alpha courses via the Platform, our separate terms of service will govern the information made available to you as part of that service.

3.2 Third party websites

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those third party sites or resources.

3.3 User-generated content

This Platform may include information and materials uploaded by other users of the Platform, through the Platform’s chat functions, notice boards and/or any other features developed by us to encourage collaboration and sharing on our Platform. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not necessarily represent our views or values. If you are generating any content on our Platform please see paragraph 5 (Interactive Services) below.

If you wish to complain about content uploaded by other users, please email us at info@alpha.org.

4 YOUR USE OF OUR PLATFORM

We reserve the right to suspend or terminate your access to the Platform if:

– we reasonably believe that you are not complying with these Terms; and/or

– you use the Platform for any purpose other than in conjunction with running or attending an Alpha International course.

4.1 Prohibited uses

You may only use our Platform for administering, participating in or training for an Alpha course. You must not use our Platform, and shall ensure that anyone you provide access to the Platform does not use our Platform:

– in any way that breaches any applicable local, national or international law or regulation;

– in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

– for the purpose of harming or attempting to harm minors in any way;

– to bully, insult, intimidate, or humiliate any person;

– to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; and/or

– to access without authority, interfere with, damage or disrupt any part of our Platform, any equipment or network on which our Platform is stored, any software used in the provision of our Platform; or any equipment or network or software owned or used by any third party.

4.2 Your account details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures to access all or part of our Platform, you must treat such information as strictly confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or for any other security reasons.

4.3 Using material on our Platform

We are the owner or the licensee of all intellectual property rights in our Platform, the content provided to you via the Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our Platform for purposes other than administering, participating in or training for an Alpha course as authorised by us.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4 Security of our Platform

We are unable to guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software where applicable.

You must not misuse our Platform by knowingly introducing and/or making our Platform vulnerable to viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware or other material that is malicious or technologically harmful. You must not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.

5 INTERACTIVE SERVICES

5.1 Uploading content to our Platform

Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform whether by video link or test, you must comply with the content standards set out in these Terms.

Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties for the purpose of providing the Platform. When you upload or post content to our Platform, you grant us the right to use that content.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any content you publish on our Platform if, in our reasonable opinion, your content does not comply with the standards set out in these Terms.

5.2 Content standards

These content standards apply to any and all material which you contribute to our Platform and to any interactive services associated with it, including the use of video links.

Each contribution must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with the applicable law. Contributions must not:

– contain any material which is defamatory of any person;

– contain any material which is obscene, offensive, hateful or inflammatory;

– promote sexually explicit material;

– promote violence;

– promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

– infringe any copyright, database right or trade mark of any other person;

– be likely to deceive any person;

– be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

– promote any illegal activity;

– be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety;

– be likely to harass, upset, embarrass, alarm or annoy any other person;

– be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

– give the impression that they emanate from us, if this is not the case;

– advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or

– contain any advertising or promote any services or web links to other sites unless authorised by us.

You must at all times be respectful of other users of the Platform.

6 SUSPENSION AND TERMINATION

We will determine, in our sole discretion, whether there has been a breach of these Terms through your use of our Platform. Failure to comply with these Terms may result in, but is not limited to, our taking all or any of the following actions:

– immediate, temporary or permanent withdrawal of your right to use the Platform;

– immediate, temporary or permanent removal of any contributions uploaded by you to the Platform;

– issue a warning to you;

– instigate legal proceedings or any other legal actions against you for any and all costs or damages resulting from the breach; and/or

– disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

7 SAFEGUARDING

As set out in paragraph 1 of these Terms, responsibility for delivery of an Alpha Course sits with the relevant church and its authorities running that Alpha Course. Each church has its own safeguarding

statement and is responsible for the safeguarding of its members. If there is a safeguarding concern relating to any element of your Alpha Course please contact the church authority running or overseeing your Alpha Course as soon as possible. If the issue is not dealt with or resolved satisfactorily, please direct your safeguarding concern as soon as possible to the appropriate local authorities and/or, if appropriate, the emergency services, such as the local police.

8 LIMITATION OF LIABILITY

8.1 Whether you are an individual or an organisation user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, including the provision of the Alpha courses which will be governed by our relevant terms of service.

8.2 If you are an organisation user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

– use of, or inability to use, our Platform; or

– use of or reliance on any content displayed on or accessed within our Platform.-

In particular, we will not be liable for:

– loss of profits, sales, business, or revenue;

– business interruption;

– loss of anticipated savings;

– loss of business opportunity, goodwill or reputation

– loss of use or corruption of software or personal data; or

– any indirect or consequential loss or damage.

8.3 If you are an individual user:

Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4 How we may use your personal information We will only use your personal information as set out in our Privacy Policy which can be found here.

9 GENERAL

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Any rights not expressly granted in these Terms are reserved to us.

In order to comply with all applicable UK and US sanction and export control laws, we limit access to our Platform based on geographic location. If you are located in a country or region which is subject to applicable sanction or export controls, you may not be able to access our Platform, which as at the date of these Terms includes Cuba, Iran, North Korea, Syria and the Crimea region of Ukraine/Russia (and may be amended from time to time by the applicable governmental authorities). In addition, you may not access our Platform if you are an individual subject to applicable UK or US sanctions and by accessing our Platform you certify that you are not subject to such UK or US sanctions and that you are not located or ordinarily resident in a country or region which is subject to applicable sanction or export controls including any of those listed above.

These Terms are governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms.

10 CONTACT US If you have any concerns with access to our Platform please email us at alphanow@alpha.org. We will always aim to resolve any complaint without undue delay.

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