L’ALTO TERMS AND CONDITIONS
1. About L’Alto – ABN 43 905 987 826 (‘L’Alto’)
1.1. Welcome to https://lalto.com.au (the ‘Website‘). The Website facilitates interactions between; Users wishing to purchase content through L’Alto (the ‘Receiver ‘); and Users wishing to sell content through L’Alto (the ‘Provider ‘), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services‘).
1.2. The Website is operated by L’Alto. Access to and use of the Website, or any of its associated products or Services, is provided by L’Alto. Please read these terms and conditions (the ‘Terms‘) carefully.
1.3. L’Alto reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Please check back from time to time to review he Terms.
2. Acceptance of the Terms
2.1. You accept and agree to be bound by the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services and/or browsing and/or reading the Website. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by L’Alto in the user interface.
2.2. By using the website, this signifies that you have read and understood the terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
2.3. You acknowledge that you have full capacity to enter into these terms and conditions and perform your obligations under these terms and conditions.
3. The Services
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account ‘).
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, among other things:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Bank account details for payment
(g) Paypal details
(h) Stripe details
(i) Any other personal information incidental to the use of L’Alto.
3.3. You warrant that any information you give to L’Alto in the course of completing
the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with L’Alto; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Restricted Use
4.1. For the purpose of this clause, Content (‘Content’) includes anything for which the Services, the L’Alto name and the Website, is used, including any word, phrase, representation, image, item or anything otherwise capable of being disseminated in association with L’Alto.
4.2. L’Alto may not be used, nor any Content be presented to a member of the public in association with L’Alto, in order to advertise, sell, promote, endorse, or otherwise disseminate any content which is antithetical to the traditions, doctrines, practices, beliefs, teachings and institutions associated with the Roman Catholic Church.
4.3. L’Alto reserves the right to remove from the Website any Content which is contrary to the Terms.
5. Your obligations as a Member
5.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify L’Alto of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of L’Alto;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by L’Alto for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
6.1. You (and also any third party for whom you operate an account or activity) shall indemnify L’Alto and keep it indemnified against all costs, expenses, damages and losses suffered or incurred by L’Alto (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
(a) any breach by you of these terms and conditions;
(b) any claim brought by a third party against L’Alto in circumstances where, as a result of your acts or omissions, and in breach of these terms and conditions, L’Alto has suffered loss;
(c) any breach by you of any applicable laws and regulations;
(d) your content on or your access to or use of L’Alto;
(e) any misrepresentation made by you.
7. Using the Website as the Receiver
7.1. The Receiver uses the Services by accessing the L’Alto website and creating a L’Alto account in order to buy desired items from the Provider.
8. Using the Website as the Provider
8.1. The Provider uses the service by accessing the L’Alto website and creating a L’Alto account in order to advertise and sell their products online to the Receiver.
9.1. An amount of money (‘Sale Price’) is paid in return for receipt of the services.
9.2. By L’Alto offering the Services to you, you agree that L’Alto charges the following:
(a) a Management & Marketing Fee being 10% of the Sale Price; and
(b) a Transaction Fee being 5% of the Sale Price; and
(c) a Payment Processing Fee being 3-4% of the Sale Price plus 25 cents.
9.3. The provider absorbs any applicable credit card fee associated to a transaction.
9.4. All payments made in the course of your use of the Services are made using Stripe,Paypal or by Electronic Funds Transfer as facilitated by L’Alto.
9.5. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or Paypal Terms and Conditions which are available on their website.Payment made by the Receiver to the Provider for the Services must be made via L’Alto and must not be paid directly.
10. Refund Policy
10.1. Since L’Alto is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, L’Alto does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
10.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then L’Alto requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact L’Alto through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
10.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately contact L’Alto through the ‘Contact Us’ section of the Website and provide all relevant information concerning the request.
10.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct L’Alto to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by L’Alto in processing the refund.
10.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
11. Copyright and Intellectual Property
11.1. The Website, the Services and all of the related products of L’Alto are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by L’Alto or its contributors.
11.2. All trademarks, service marks and trade names are owned, registered and/or licensed by L’Alto, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
L’Alto does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by L’Alto.
11.3. L’Alto retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
11.4. You may not, without the prior written permission of L’Alto and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to L’Alto a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
13. General Disclaimer
13.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) L’Alto will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of L’Alto make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of L’Alto) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of L’Alto; and
(d) the Services or operation in respect to links which are provided for your convenience.
13.4. You acknowledge that L’Alto Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and L’Alto holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
14. Limitation of Liability
14.1. L’Alto’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
14.2. You expressly understand and agree that L’Alto, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.3. You acknowledge and agree that L’Alto holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
15. Termination of Contract
15.1. If you want to terminate the Terms, you may do so by providing L’Alto with fourteen (14) days’ notice of your intention to terminate by sending notice of your intention to terminate to L’Alto via the ‘Contact Us’ link on our homepage.
15.2. L’Alto may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) L’Alto is required to do so by law;
(c) L’Alto is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by L’Alto is, in the opinion of L’Alto, no longer commercially viable.
15.3. Subject to local applicable laws, L’Alto reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts L’Alto’s name or reputation or violates the rights of those of another party.
15.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and L’Alto have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16.1. You agree to indemnify L’Alto, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
17. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
(a) Within fourteen (14) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney and/or via video link, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
17.5. Termination of Mediation:
If 21 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
18. Venue and Jurisdiction
The Services offered by L’Alto is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
19. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
LAlto’s failure to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or right. No waiver of any of the Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
23. Disparagement and defamation
23.1. You shall not make or procure agents, contractors or representatives (including legal representatives) to make any public statements (whether written or oral) that in any way, expressly or by implication disparages, denigrates, defames, slanders or otherwise criticises L’Alto, any of its Providers or its Receivers.
23.2. You must not make any public comment that would likely be detrimental to the best interests, image and welfare of the L’Alto.
23.3. We will enforce our legal rights and interests in their full capacity to enforce this provision.
1.1. L’Alto – ABN 43 905 987 826 (‘L’Alto’) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
1.2. This policy is made for the protection of the privacy of any Receiver and/or Provider (‘you’), within the meaning as detailed in the L’Alto Terms and Conditions (the ‘Terms’), who uses L’Alto and is not in breach of the Terms or any other applicable law.
1.3. This policy is made for the protection of information which you provide, which is identifiable as being about you (‘Personal Information’).
1.4. This policy assumes and includes all clauses included in the L’Alto published on the L’Alto website.
2. Collection of Personal Information
2.1. L’Alto will, from time to time, receive and store Personal Information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your Personal Information
4. Use of your Personal Information
4.1. L’Alto may use Personal Information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your Personal Information to improve our products and services and better understand your needs.
4.2. L’Alto may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.
5. Disclosure of your Personal Information
5.2. We may from time to time need to disclose Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your Personal Information to protect the copyright, trademarks, legal rights, property or safety of L’Alto, https://lalto.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any Personal Information and non-Personal Information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your Personal Information
6.1. L’Alto is committed to ensuring that the information you provide to us is secure.
In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your Personal Information
7.1. You may request details of Personal Information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details provided on the Contact Us page located on the L’Alto website.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send us details of your complaints using the details provided on the Contact Us page located on the L’Alto website. We take complaints very seriously and will endeavor to respond as soon as possible.
10.1. When you visit our website
When you come to our website (https://lalto.com.au ) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.3. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that L’Alto is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.