Terms of Use

Every time you visit our website, make a purchase and use our products and services, you accept these terms. Please read these terms and our Privacy Policy carefully.

 

Last updated 13 July 2023

1. Binding Terms

1.1 By accessing and using:

• • (a) www.alphaamltraining.com (Website); and
  • (b) the platform, products and services as may be accessed and used via the Website (the Platform),

all users (Users) agree to be legally bound by these terms of use (Terms). 

1.2 Each User acknowledges and agrees that, where it has agreed to these Terms via the Website (via a clickbox or clickwrap):

• • (a) that method of acceptance is fully effective and accepted by the User; and
  • (b) it read and understood these Terms and had the full opportunity to review, consider and comment on the Terms prior to agreeing to and accepting them.

1.3 Any User that does not agree to these Terms may not use the Website and Platform.

2. Use of the Website and Platform

2.1 The Platform permits multi-user access and use of the Platform using a seat-based subscription model. Each seat subscription covers a 12-month term (Subscription Period). The Alpha AML administrator (Admin) appointed by a User may assign seats to that User’s employees, independent contractors or representatives (End-Users). If an End-User no longer requires access to the Platform, then Admin(s) may re-assign the seat to a new End-User, during the Subscription Period, as long as:

• • (a) that appointment does not exceed the maximum number of End-Users (for whom seats have been purchased by the User) at any one time; and
  • (b) the re-assignment occurs due to employee turnover or change of role or duties such that the End-User will no longer access or use the Platform.

2.2 Users and End-Users may only use the Website and Platform strictly in accordance with these Terms.  

2.3 All rights not expressly granted to Users in these Terms are expressly reserved by Alpha AML Training Limited (New Zealand company number 8062700) (Alpha AML).

2.4 Without limitation, Users must not (and must not permit any End-User or third party to):

• • (a) share account access or login information, permit the use of a seat by more than one allocated End-User, or otherwise permit any unauthorised access to the Platform;
  • (b) copy, replicate, distribute or display or republish any information, content or intellectual property from the Website or Platform; or
  • (c) access the Website and/or Platform for any purpose which competes or may compete with Alpha AML’s products and services or which may cause loss to Alpha AML.

3. Subscription Fee

3.1 To access and use the Platform each User must pay (or procure payment of) the applicable subscription fee, for the Subscription Period, as required on the Website (the Subscription Fee).

3.2 Alpha AML may amend its pricing from time-to-time and will communicate any price changes to Users by email in advance. Pricing changes will take effect at the commencement of the next Subscription Period following the date of the price change.    

4. Cancellation

4.1 Alpha AML subscriptions will automatically renew at the end of the applicable Subscription Period, unless cancelled by a User before the end of the current Subscription Period.

4.2 If a User wishes to cancel its subscription with Alpha AML, that User can do so via the ‘My Account’ section of the Admin(s) account on the Platform, or by emailing Alpha AML notice of cancellation to support@alphaamltraining.com.  The cancellation will take effect on the next day following the end of the current Subscription Period. The User’s access to the Platform will continue until that date. Any Subscription Fees paid by that User will be non-refundable in the event of a cancellation by the User.

4.3 Alpha AML shall be entitled to cancel these Terms in respect of any User, by giving notice to that User (including via the Website and/or the Platform), if that User or any End-User breaches these Terms.  In such circumstances, any Subscription Fees paid by that User will be non-refundable in the event of a cancellation by Alpha AML.

4.4 If a User or any End-User does not abide by these Terms Alpha AML may, at any time, terminate or suspend that User’s account or subscription with Alpha AML and refuse to provide its products and/or services to that User (including access to the Platform).  Any Subscription Fees paid by that User will be non-refundable in the event of a cancellation or suspension by Alpha AML.

5. User Information and Activity

5.1 Upon registering to use Alpha AML’s products and/or services via the Website and/or the Platform, all Users agree to:

• • (a) provide true, accurate, current and complete information about themselves as prompted by the Website or Platform (as applicable) (User Information); and
  • (b) promptly notify Alpha AML, via the Website, of any changes to their User Information in order to ensure that it remains true, accurate, current and complete.

5.2 Each User will be responsible and liable for all activity that occurs through its use of the Website and/or the Platform.  Alpha AML shall not be liable for any content, representations, statements, services, products or other information or data posted to the Website and/or the Platform by any User (to the extent that a User is able to do so). 

5.3 Alpha AML reserves the right to remove any content posted to the Website and/or the Platform by any User that it considers (in its sole and absolute discretion) to be offensive, objectionable or otherwise unlawful (to the extent that a User may post any content).

6. No Illegal Use

6.1 No User may use the Website and/or the Platform for any illegal purpose or any purpose not authorised by Alpha AML, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.

6.2 Users must not use the Website and/or the Platform for any malicious means or abuse, harass, threaten, intimidate or impersonate any other User.

6.3 Users must not introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Website and/or the Platform.

6.4 Users may only access the Website and Platform through standard means as approved by Alpha AML, and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.

6.5 End-Users and/or any other person or entity that accesses and uses the Website and/or the Platform on behalf of or via a User, including all directors, officers, employees and independent contractors of any User that have been granted access by that User, confirms that he, she or it is fully authorised to do so by that User and agrees to these Terms in all respects.

7. Intellectual Property

7.1 All Users agree that Alpha AML owns all of the intellectual property rights existing in relation to the Website and the Platform (and all improvements to the same). 

8. Warranties and Indemnity

8.1 The Website and Platform is provided on an “as is where is” basis, and accordingly all implied warranties and representations (whether under statute, common law or otherwise) which might apply to or otherwise arise out of these Terms are hereby expressly excluded by Alpha AML to the fullest extent permitted by law.

8.2 Each User hereby indemnifies, and will keep indemnified, Alpha AML against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Alpha AML may incur or be subject to or suffer as a result of that User’s use of the Website and Platform.

9. Dispute Resolution

9.1 The provisions of this clause 9 shall apply to any dispute arising under or relating to these Terms (a Dispute) between a User and Alpha AML (together, the Disputing Parties and each a Disputing Party).

9.2 The Disputing Parties must use reasonable endeavours to resolve any and all Disputes by negotiation at first instance. 

9.3 If the Disputing Parties cannot resolve their Dispute by negotiations within 30 calendar days a Disputing Party may, by written notice to the other, require that the Dispute be dealt with by mediation under the following terms:

• • (a) The mediation shall be conducted in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporation (AMINZ) then in force (or any protocol or mediation agreement which replaces it).
  • (b)The mediation shall be conducted by a mediator and at a fee agreed in writing by the Disputing Parties.  Failing agreement between the Disputing Parties within 14 calendar days of the giving of the notice requiring mediation, the mediator will be selected and his or her fee determined by the chairperson for the time being of AMINZ (or his or her nominee).
  • (c) The mediation shall take place in Auckland, New Zealand at such address as determined by the mediator.
  • (d) The costs of the mediation, excluding the Disputing Parties’ own legal and preparation costs, will be shared equally by the Disputing Parties.
  • (e) No Disputing Party may initiate or commence court or arbitration proceedings relating to a Dispute unless it has complied with the procedure set out in this clause 9, provided that application may still be made to the courts:
    • (i) for interlocutory relief; or
    • (ii) to recover a debt payable.

10. Changes to the Website and Platform

10.1 Alpha AML is permitted (in its sole discretion) to alter the Website and/or the Platform, including all content, format, features and functionality, with or without notice to Users and shall incur no liability for doing so.

11. Branding

11.1 Alpha AML may publish or use a User’s trade marks, brand, branding or logos to promote the Alpha AML service with the User’s prior written approval.

11.2 No User or End-User may publish or use Alpha AML’s trade marks, brand, branding or logos except with Alpha AML’s prior written approval.      

12. Breakdown and Malfunctions

12.1 Alpha AML will try to promptly address (during normal business hours) all technical issues that arise on the Website and Platform.  However, Alpha AML will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Website and/or the Platform or any technical malfunctions on it, the Website and/or the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User’s computer system.

13. Links

13.1 Unless expressly stated otherwise by Alpha AML, any link on the Website and/or the Platform to other websites or Platforms does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.

14. Privacy Policy

14.1 Alpha AML’s privacy policy (which can be viewed by clicking here) shall apply to all information, data or other content which is generated through each User’s use of the Website and Platform. 

15. General Provisions

15.1 Alpha AML reserves the right to amend these Terms at any time with or without notice to Users.  Any User who continues to use the Website and/or the Platform after any amendments will be deemed to have agreed to such amendments. 

15.2 Alpha AML will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Alpha AML.  A failure to exercise or delay in exercising any right by Alpha AML under these Terms will not operate as a waiver of that right.  Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

15.3 No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Alpha AML’s prior written consent.  Alpha AML shall be entitled (in its sole and absolute discretion) to assign and transfer any of its rights or obligations under these Terms, and the consent of Users shall not be required for any such assignment or transfer.

15.4 Each User agrees that it is using the Website and Platform for the purposes of a business and that, accordingly, the Consumer Guarantees Act 1993 does not apply to these Terms.

15.5 Alpha AML makes no representation or warranty that the Website and/or the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  All Users are responsible for ensuring that their access to and use of the Website and Platform is not illegal or prohibited in their relevant country.

15.6 Alpha AML makes no representation or warranty that the Website, the Platform, and/or the training materials, information and courses thereon (Information) constitute legal advice or that it complies with any anti-money laundering legislation and may not be relied on as such, including under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.   To the greatest extent permissible by law, Alpha AML does not give any assurances, guarantees, warranties (whether express or implied) or representations regarding any Information.  Alpha AML does not accept any responsibility or liability for any omissions or inaccuracies in any such information, or for any outcomes resulting from the use or application of such Information by you, your personnel and any third parties (including, without limitation, any liability, loss or damage that occurs or arises).

15.7 To the extent that Alpha AML is liable for any reason for any loss suffered or liability incurred by a User arising from any breach of these Terms, or for any other reason (including a User’s use of or reliance on the Website and/or the Platform), Alpha AML liability’s (whether arising in contract, tort (including negligence) or otherwise) is limited to the maximum aggregate amount of the total Subscription Fees paid by that User.

15.8 Alpha AML shall not be liable in connection with these Terms for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits (including lost contracts with customers) or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption or that is otherwise too remote to be recoverable as damages for breach of contract at law.

15.9 Each User will sign all documents, and do all things, as may reasonably be required in order to give effect to the provisions of these Terms.

15.10 If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

15.11 These Terms will be governed by and construed in accordance with the laws of New Zealand.  All Users and Alpha AML irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.