AlphaNow WEBSITE Terms AND CONDITIONS OF USE

These Terms of Use (“Terms”) (together with the documents referred to in it) govern your use of, and access to, the AlphaNow website, located at online.alpha.org (the “Platform”). By using the Platform or the Service you agree to be bound by these Terms and all applicable laws. Moreover, you accept, without limitation or qualification, these Terms and acknowledge that these Terms are the only agreement between you and Alpha International USA, LLC, Alpha International, and each of their parents, subsidiaries, affiliates (including national Alpha offices, and Holy Trinity Brompton in London) and related parties (hereinafter, “Alpha”, “we”, “us”, “our”) that applies to your use of the Platform. If you do not or cannot agree to these Terms and their requirements, please exit the Platform. If at any point you no longer agree to these Terms, as they may be amended from time to time, then you must cease using and exit the Platform immediately. Continued access to the Platform and use of the Alpha Course and Platform will constitute your acceptance of any changes or revisions to the Terms.

1 OVERVIEW

1.1 We have developed a number of online courses that we make available to churches or organizations which are run and overseen by each church or organization and its leadership (each an “Alpha Course”). Each church or organization will appoint a course administrator to deliver an Alpha Course (the “Course Administrator”). Although we have developed the Alpha Course materials, the individual churches or organizations are responsible for the delivery of each Alpha Course to its members and guests.

1.2 The Site enables a Course Administrator to invite guests to an online, video-conferencing experience that allows churches or organizations and Alpha Course leaders to hold small group conversations and stream the Alpha Film Series via integrated video players connected to Vimeo or YouTube. While we use Vimeo and YouTube to publish the Alpha Film Series, Vimeo and YouTube are not a party to these Terms.

2 APPLICATION OF TERMS

2.1 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 or organization, and if you are an Alpha Course Administrator managing the Platform accounts on behalf of your church or organization. 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.

2.2 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.

3 OTHER TERMS THAT MAY APPLY TO YOU

3.1 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 agree to prior to completing your registration for the relevant Alpha service.

3.2 Please refer to our Privacy Policy, located here, and our cookie policy, located here, which explain how we collect and use your personal data. Your use of the Platform and Service constitutes your acceptance and agreement to the Privacy Policy and Cookie Policy.

3.3 Each Alpha Course will be displayed within the Platform using third party providers and applications, such as YouTube and Vimeo. Use of Vimeo and YouTube’s video players, site, and integrated applications are subject to Vimeo and YouTube’s respective terms of service and privacy policy. Vimeo’s Terms of Service, Privacy Policy, and Third-Party Service Addendum, located here, here and here, respectively, and the YouTube Terms of Service and Google Privacy Policy, located here and here, respectively, will apply to your use of the Platform.

4 ELIGIBILITY TO USE THE PLATFORM AND SERVICE

4.1 The Platform and Service are not intended for users under the age of 18, however users under the age of 18 may access and use the Platform or Service with the involvement, particularly supervision, of their parents or legal guardians. We do not knowingly collect personally identifiable information from users under the age of 13. Children under the age of 13 should not use the Platform. If we become aware of the submission of information by a child under the age of 13, we will attempt to delete this information as soon as possible. If you believe that we may have collected information from a child please contact us as set forth in these Terms.

5 LICENSE TO USE THE PLATFORM AND SERVICE

5.1 In return for your agreeing to comply with these Terms we grant you a non-transferable, non-exclusive license to use:
– 5.1.1 The Platform as it may be updated or revised from time to time;l
– 5.1.2 The related online documentation located here (the “Documentation”) to support your permitted use of the Platform and Service; and
– 5.1.3 The services you connect to via the Platform and the content we make available to the Course Administrator via the Platform (the “Service”).

5.2 We are giving you the personal right to use the Platform and the Service as set out in these Terms. You may not transfer the Platform or the services provided through it to third parties for monetary compensation or otherwise unless we agree to the transfer in writing. Unless expressly stated to the contrary, everything you see, hear, read, or access in any way on the Platform is and shall remain our intellectual property or the intellectual property of our affiliates or third parties, where the third party holds rights in such materials. We grant you a personal, revocable (at any time and for any reason in our discretion), non-exclusive, non-transferable, limited license (without the right to sublicense) to display the material contained on the Platform solely on your personal devices for your personal, non-commercial use. All rights in and to any materials on the site are reserved to us and to any third parties, where applicable.

5.3 We may transfer our rights and obligations under these Terms to a third party. We will tell you in writing if this happens and we will ensure that the transfer will not adversely affect your rights under these Terms.

6 LICENSE RESTRICTIONS

6.1 All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to us and are protected by intellectual property laws. All other applicable right in the Platform, including any content, features, and functionality are reserved. Your use of such content, or use by anyone else authorized by you, is prohibited unless specifically permitted by these Terms, or unless a specific permission is provided elsewhere on the Platform. Unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and you acknowledge that such unauthorized use may result in an investigation and appropriate legal action, including civil, criminal, and/or injunctive redress. You further agree that you will remain solely liable for any unauthorized use of the Platform and will indemnify and hold us harmless from any claim, suit, loss, expense arising out of or resulting from your unauthorized use.

6.2 You agree that you will not (1) rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or its content, in whole or in part, to any person without prior written consent from us; (2) copy the Platform or its content, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security; (3) translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or its content nor permit the Platform or its content or any part of them to be combined with, or become incorporated in, any other programs or software, except as necessary to use the Platform on devices as permitted in these Terms; (4) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or its content nor attempt any such thing.

6.3 The trademarks, logos, service marks and product and service names related to us, the Alpha Course, or the various Alpha Film Series (for the avoidance of doubt, including Alpha Youth Series), or other digital content as produced by us or on our behalf from time to time (collectively the “Trademarks”) displayed on the Platform may contain registered and unregistered trademarks belonging to us and others. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without our written permission or from such third party that may own the trademarks displayed on the Platform. Your use of the trademarks displayed on the Platform, or any other content on the Platform, except as provided in these Terms, is strictly prohibited. You are also advised that we will enforce our intellectual property rights to the full extent of the law, including the seeking of criminal prosecution where appropriate.

7 CHANGES TO THE TERMS

7.1 We reserve the right, at any time and without prior notice to you, to modify, alter, or update these Terms. The date of the most recent revision will appear on this page. Continued access to the App and use of the Alpha Course and Service will constitute your acceptance of any changes or revisions to the Terms.

7.2 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 provide advanced notice of any major changes to the Platform.

7.3 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.

7.4 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.

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

8 DISCLAIMER

8.1 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.

8.2 Where our Platform contains links to other sites and resources that are not owned or controlled by us. 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 and assume no responsibility over the contents of those third party sites or resources. Please exercise caution when clicking on any external links or accessing any external sites. We suggest you read the terms and privacy policy for each third-party website and online service that you visit.

8.3 This Platform may include information and materials uploaded by other users of the Platform, through the Platform’s chat

8.4 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. Although we may from time to time monitor or review, as applicable, discussions, chats, postings, transmissions, bulletin boards, and the like on the Platform, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such information or material, nor for any error, defamation, libel, slander, omission, falsehood, impersonation of any person or entity obscenity, pornography, profanity, danger, or inaccuracy contained in any information or material uploaded by other users to or through the Platform. If you are generating any content on our Platform please see paragraph 10 (Uploading Content to the Platform) below.
If you wish to contact us about content uploaded by other users, including with concerns or complaints of inappropriate content, please email us at [email protected].

9 YOUR USE OF OUR PLATFORM

9.1 You must not use the Platform or the Service in malicious way, for example, by hacking into, or inserting malicious code, such as viruses, or harmful data, into the Platform, the Service or any operating system.

9.2 You must not use the Platform or the Service in any manner which may cause harm to you or any other individual, including, by way of example and without limitation, when driving a vehicle, or when operating heavy machinery.

9.3 You must not infringe our intellectual property rights or rights of any third party.

9.4 You must not use the Platform or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

9.5 You must not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

9.6 Please note that software and content from this Platform are further subject to the United States Export Controls. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or its content. No software from this Platform may be downloaded or exported intentionally or unintentionally (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or on any such list.

9.7 Ordinarily, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any information or materials that violates applicable laws. We also reserve the right to disclose your identity to any third party claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

9.8 You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms, respond to claims that any content violates the rights of third parties, respond to your requests for service, or protect our rights, property or personal safety, the Platform users, and general public.

10 UPLOADING CONTENT TO THE PLATFORM

10.1 Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, you must comply with the content standards set out in these Terms and with the Code of Conduct that is accessible on the Platform. You may not use the Platform to post, transmit, or upload any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, invasive of another’s privacy, discriminatory, harmful to minors or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not post or upload any advertising or promote any services or web links to other sites unless authorised by us.

10.2 All comments, suggestions, ideas, or feedback (“Feedback”) concerning the App and services rendered through the App provided by you to us shall become our property, and we shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and circulation thereof for any purpose, without acknowledgment or compensation to you. You hereby agree that such Feedback is provided on a non-proprietary and non-confidential basis. To the extent that you have any rights in the Feedback, by operation of law or otherwise, you hereby agree to assign and hereby do assign to us all rights, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights.

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

10.4 You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms, respond to claims that any content violates the rights of third parties, respond to your requests for service, or protect our rights, property or personal safety, the Platform users, and general public.

11 SUSPENSION AND TERMINATION

11.1 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.

11.2 If we end your rights to use the Platform and Service:
– You must stop all activities authorized by these Terms, including your use of the Platform and any Services; and
– We may restrict or terminate access to all or part of the Platform or the Service to you, including terminating or disabling access to the Alpha Courses available through the Platform.

12 SAFEGUARDING
As set out in paragraph 1 of these Terms, responsibility for delivery of an Alpha Course sits with the relevant church or organization and its leadership running the Alpha Course. Each church or organization should have its own appropriate and legally compliant safeguarding policies, procedures, and statement and is responsible for the safeguarding of its team members, volunteers, and participants (including guests), which includes any decision to turn off the default setting of there being at least three participants in any small group session or breakout room at any time and its consequences. If there is a safeguarding concern relating to any element of your Alpha Course please contact the church’s or organization’s 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.

13 LIMITATION OF LIABILITY

13.1 To the best of our ability, we include accurate and up-to-date information in the Platform without making warranties or representations as to its accuracy. We assume no liability to you or to any third party for any errors or omissions in any content that may be made available to you through the Platform. You assume all risks of using the Platform, including the risk of damage and the entire cost of all necessary service, repair, or correction of your device and related systems (herein, “device”) arising from your use of the Platform. You assume all risks of viewing, using, distributing, or endorsing Platform content, including third party content. You further assume sole responsibility to take all actions for the security and maintenance of your device, software, and data, including but not limited to (1) taking protective measures to prevent unauthorized access to your device, software, or data or infiltration or corruption of your device, software, or data, (2) creating, storing, and updating any necessary back-up or archival copies of data as needed in case of system failure, and (3) fully documenting all account information. You agree that even if an exception were to apply which might allow such damages, your recovery will not be greater than the amount you paid to us to access the Platform.

13.2 Without limiting the foregoing, everything on the Platform is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be uninterrupted, secure, error-free, or that any defects or errors will be corrected.

13.3 We assume no responsibility, and shall not be liable for any software or content (commonly called “malware”) that may damage your device or other property resulting from your access to, use of, or browsing in the Platform or download of any materials, data, text, images, video, or audio from the Platform.

13.4 Because we cannot guarantee the security of any device you may use to access the Platform, nor the security of the public internet, we cannot guarantee the confidentiality or integrity of any material you transmit publicly or privately to the Platform by upload, electronic mail or otherwise, including but not limited to any data, text, software, music, sound, videos, messages, tags, blogs or forum postings, questions, comments, suggestions, or the like.

13.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Notwithstanding the foregoing, neither us nor any other party involved in creating, producing, or delivering the Platform is liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access to, or use of, the Platform, or your inability to do so. YOU WAIVE, RELEASE AND DISCHARGE US FROM, AND COVENANT NOT TO SUE US, OUR AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “PROTECTED PARTIES”) FOR, ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, AND INCLUDING INTANGIBLE DAMAGES) CAUSED BY OR IN ANY WAY CONNECTED WITH THIS PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE THE PLATFORM, BY VIEWING OR OTHER USE OF PLATFORM CONTENT, INCLUDING THIRD PARTY CONTENT, OR THE CONTENT OF LINKED WEBSITES OR WEB APPLICATIONS, BY INTERACTION WITH THIRD PARTIES INTRODUCED THROUGH THE PLATFORM, BY VIRUS, OR BY THEFT, UNAUTHORIZED ACCESS TO, OR DESTRUCTION OF PERSONAL OR OTHER INFORMATION, REGARDLESS OF CIRCUMSTANCES, WHETHER OR NOT SUCH DAMAGE RESULTS IN WHOLE OR IN PART FROM A PROTECTED PARTY’S BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHER ACTION OR OMISSION (BUT NOT TO THE EXTENT SUCH DAMAGE RESULTS FROM A PROTECTED PARTY’S WILLFUL AND WANTON MISCONDUCT), AND EVEN IF ONE OR MORE OF THE PROTECTED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.6 The Platform and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or the Service.

14 INDEMNIFICATION

14.1 YOU AGREE TO INDEMNIFY US AND ANY OF OUR LICENSORS, AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR CONNECTED IN ANY WAY TO ANY CLAIM, ACTION, SUIT, OR DEMANDS BASED ON OR RELATED TO YOUR USE OF THE PLATFORM, OR ANY BREACH BY YOU OF THESE TERMS.

15 NO WAIVER

15.1 Failure to exercise or enforce these Terms or any part thereof shall not constitute waiver by us to exercise or enforce any term or provision incorporated in these Terms.

16 SEVERABILITY

16.1 If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions, which must be construed, as nearly as possible, to reflect the intentions of the parties, and to remain in full force and effect.

17 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

17.1 We are organized under the laws of the state of Georgia, United States of America, and these Terms are governed by Georgia law, without giving effect to its conflicts-of-law provisions. This is the complete understanding regarding the matters discussed herein and supersedes any prior understandings, written or oral, with respect to such matters. By using the Platform, you consent to personal jurisdiction in the federal and state courts of Cobb County, Georgia, for any action arising out of, or relating to, the Platform or your use of the Platform. The federal and state courts of Cobb County, Georgia shall have exclusive jurisdiction over all such actions.

18 ALL RIGHTS RESERVED

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

19 INTEGRATION

19.1 These Terms constitute the complete understanding between you and us and govern the terms and conditions of your use of the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, including, but not limited to, the Privacy Policy, guidelines, or rules that may apply when you use the Platform and Service.

20 CONTACT US

If you have any questions about these terms or the Platform please email us at [email protected]. We will always aim to resolve any complaint without undue delay.

The foregoing Terms are effective as of December 31, 2023.