Terms of Use

Date of Last Revision: July 30, 2021

Thank you for using Alto!

Alto offers products and services provided by Alto Education Pty. Ltd. ("Alto," "us," "we," or "our"). These Terms of Use ("Terms") govern your use of our website, apps, and other products and services("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Alto

Who may use Alto products and services

You may use our Services only if you can form a binding contract with Alto, and only in compliance with these Terms and all applicable laws. When you create your Alto account, and when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Services may have additional requirements and/or restrictions.

Our license to you

Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Alto, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

Change to Services

Alto offers Services and while we seek to provide world-class experience and Services, unexpected events do occur. Alto reserves the right to cancel, interrupt, reschedule, or modify any Services, or change the point value or weight of any assignment, quiz, or other assessment. Services are subject to the Disclaimers and Limitation of Liability sections below.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Alto, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the platform through which the Services are delivered.

How Alto and others may use User Content

To the extent that you provide User Content, you grant Alto a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Alto the right to authorise others to use User Content. Nothing in these Terms shall restrict other legal rights Alto may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Alto does not waive any rights to use similar or related Feedback previously known to Alto, developed by our employees, contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Alto cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing abohac@alto-education.com.

Third party content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Alto cannot guarantee that such third party content, in the Services or else where, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Alto disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.

Copyright and trademark

Alto respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Alto Copyright and Trademark Policy below in accordance with applicable law.

Education research

Alto is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Services. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from Alto

Alto offers paid Services (e.g., courses or education programmes) for a fee. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees charged by or for Alto and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Alto reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.

Modifying or terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Alto may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Alto, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Alto Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ONAN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS ORIMPLIED. THE ALTO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES ANDCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGEOF TRADE. THE ALTO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TOYOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE ANDAGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWNRISK.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ALTOPARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHERINCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHERINTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TOACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THANTHE APPLICABLE ALTO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATIONOF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ALTO'S AGGREGATE LIABILITYFOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY AUSTRALIAN DOLLARS ($20)OR THE TOTAL AMOUNT OF FEES RECEIVED BY ALTO FROM YOU FOR THE USE OF PAID SERVICESDURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THELIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLEAND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ALTO PARTIES, AND THAT THESELIMITATIONS ARE AN ESSENTIAL BASIS TO ALTO'S ABILITY TO MAKE THE SERVICESAVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THESERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Alto Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a)your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing law and jurisdiction

The Services are managed by Alto, which is located in Melbourne, Victoria. You agree that any dispute related to these Terms will be governed by the laws of the State of Victoria. In the event of any dispute related to these Terms, you and Alto will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Victoria, Australia as the legal forum for any such dispute.

General terms

Revisions to the terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Applicable policies

Acceptable use policy

Our vision is to contribute to a world where every person has a job they love. We believe strongly in preserving free speech and expression for our users as well as academic freedom. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services. 

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user's access to all or part of the Services. 

You are prohibited from using our Services to share content that:

Please note that specific Services may have additional rules and requirements.

You also aren't allowed to:

Copyright and trademark policy

Alto respects the intellectual property rights of our instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. 

If you believe in good faith that materials on the Alto platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices can be sent to: abohac@alto-education.com. We suggest that you consult your legal advisor before filing a notice. 

Alto also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Alto in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at abohac@alto-education.com,and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.