Last updated: June 13, 2023
These terms and conditions ("Terms") and the privacy policy ("Privacy Policy") (collectively "Terms of Use") is the rules, terms and conditions as applicable and the amended provisions pertaining to the relevant matters of Aleluya and your use of it, as might be amended from time to time. This Terms of Use generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AND DO PAY ATTENTION TO THE RESPECTIVE DEFINITIONS; IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING TERMS OF USE, OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICE OF ALELUYA. YOUR COMMENCEMENT OF, OR CONTINUED USE OF THE SERVICES, OR REGISTRATION OF YOUR OWN ACCOUNT ON ALELUYA MEANS THAT YOU, RECEIPT AND SUFFICIENCY OF THE FOLLOWING TERMS AND CONDITIONS IS WELL ACKNOWLEDGED, AGREE TO BECOME A PARTY TO AND TO BE BOUND BY THIS TERMS OF USE.
1.Definitions
1.1 "Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of Aleluya entity. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
1.2 "Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, regulatory or self-regulating authority, agency or instrumentality having judicial or administrative jurisdiction over the relevant matter.
1.3 "Information" means and shall include any non-confidential, confidential, non-personal, and/or personally identifiable information or other information provided to Aleluya during your use of Aleluya. Details of the process of information on Aleluya is further provided under Aleluya’s Privacy Policy.
1.4 "Internal Service Provider" shall mean reputable logistics or any back end service providers of Aleluya appointed by Aleluya that will provide various services that Aleluya may require in order to run operations of Aleluya for example to facilitate or outsource one or more aspects of the business, product and service operations provided on Aleluya, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
1.5 “Intellectual Property Right” shall mean any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.
1.6 "Law" shall mean all the applicable statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
1.7 "Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses etc.
1.8 "Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, limited liability partnership or proprietorship, whether incorporated or not.
1.9 "Policies" shall mean and include the privacy policy, rules and policy of the third party Payment Facility, and any other policies of Aleluya as amended, provided, or communicated to you from time to time.
1.10 "Services" shall mean the services rendered by Aleluya in accordance with the applicable Law.
1.11 "User(s)" shall mean a user of Aleluya.
2.General
2.1 These Terms contains rules and regulations, policies, notifications, covenants and agreements applicable to any Person who may access or use the mobile application "Aleluya" as modified and updated from time to time and You hereby agree and acknowledge to be bound by the Terms of Use.
2.2 Aleluya reserves the right to modify the application and/or alter these terms, provisions and/or Policies from time to time according to the development of the technology, business operation, legitimate environment, or other situation in necessity; and the amendment, modification, alteration or any change stipulated hereto(“Amendment”)shall become an integral part of this Terms of Use, with equal legal effect with. Though Aleluya may notify you such Amendments by making in-app public notice, WE RECOMMEND YOU TO REVIEW THIS TERMS OF USE PERIODICALY FOR THE MOST UP-TO-DATE VERSION. Your continued use of Aleluya means your consent of such Amendments.
2.3 In order to use Aleluya, you need to be 16 (sixteen) years of age or older. Aleluya may only be used or accessed by such Persons who is of full capacity of civil conducts. If you access or use Aleluya by providing false representation on your age, you and your guardians shall undertake the consequential liabilities of doing so as per the applicable laws and regulations; and Aleluya shall be discharged of the legal consequences.
3.General Use of the Service
Aleluya grants you access to it for use and enjoy the Service, provided that you are in compliance with the following terms and conditions:
3.1 You are responsible for all telecom carrier’s data plan and other fees and taxes associated with your use of our Services, if any.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, other than those you provide when registering your account, or Aleluya has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Aleluya reserves the right to indefinitely suspend or terminate or block Your use or access to Aleluya in any manner whatsoever. Should any other Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by you, Aleluya, and its Personnel shall not be liable for any damages, losses, direct, indirect, immediate or remote, interests or claims etc. resulting from such information to you or to any third party. You hereby indemnify and agree to keep harmless Aleluya in accordance with the Indemnity clause contained in this Terms of Use.
3.3 You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, servers, systems, our users, or others, including that you must not directly or through automated means:
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(ii) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(iii) gain or attempt to gain unauthorized access to our Services, servers or systems;
(iv) interfere with or disrupt the integrity or performance of our Services;
(v) create accounts for our Services through unauthorized or automated means;
(vi) collect the information of or about our users in any impermissible or unauthorized manner;
(vii) sell, resell, rent, or charge for our Services; or
(viii) distribute or make our Services available over a network where they could be used by multiple devices at the same time;
(ix) use any robot, spider, other automated device, or manual process to monitor or copy any content from Aleluya; and
(x) attempt to or circumvent or manipulate any of the other obligations imposed by this Terms of Use and/or Aleluya Policies.
3.4 You agree not to take advantage of Aleluya’s Services for the commercial use, such as sale of the access to Aleluya, sale of the in-app advertising, sponsorship or promotion opportunities on Aleluya, etc., without prior written consent from Aleluya. You shall never copy, distribute, exchange, modify, sell or transmit anything from Aleluya, including but not limited to the Services on Aleluya, except as permitted in advance by Aleluya and the applicable Law.
3.5 You should not access Aleluya by or through any technology stimulating a real user or automated system, and such technology includes, without limitation, robots, spiders, or offline readers that accesses Aleluya in a repeatedly way within a period more frequently than a human being can physically produce within such time period.
3.6 You acknowledge and agree that you will not share, distribute, modify, reproduce, transfer, or in other ways to commercialized the Content that you are not authorized to on Aleluya, directly or indirectly, in-app or in other distribution channels (including but not limited to the websites, apps, or medias), without Aleluya’s prior written consent.
3.7 You agree to the advertising or commercial activities on Aleluya when using the app, including but not limited to the banner advertisement, open-up advertisement, commercial activities or advertisement in the videos, etc. You accept to receiving commercial information by ways of information push, in-app publication, message or other reasonable methods; notwithstanding, Aleluya respects your privacy and will make sure to maximize your user experiences.
4.Fees and Payment
4.1 Free Access. Aleluya provides you with limited access to the Service free of charge.
4.2 Subscriptions. To enjoy the full benefits of the Service, including, without limitation, to have the unlimited access to the content on Aleluya, you must purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms apply:
5.Warranties and Representations
5.1 You confirm that there is no action, suit or proceeding pending against you or to your knowledge, threatened in any court or by or before any other Authority which would prohibit your entering into or performing obligations under this Terms of Use or other Aleluya Privacy Policy.
5.2 You acknowledge and agree that you shall not transfer Your account and shall not assign any rights and obligations under these Terms and Policies to any third party without the specific written permission of Aleluya.
6.Intellectual Property
6.1 You acknowledge that Aleluya owns all right, title and interest in and to the App, including all intellectual property rights therein. Aleluya’s IP Rights are protected by applicable Laws . Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from Aleluya.
6.2 We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, our trademarks, icon, logo and other marks related, subject to and in accordance with this Terms of Use. This license is for the sole purpose of enabling You to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
7.Third Party Link
You acknowledge and agree that Aleluya might contain links leading you to other website/wepsite or sources (the“Third-party Link”), and Aleluya has no control over the activities or contents on the landing pages of such Third-party links. Thus Aleluya is not liable for the contents or activities carried out on the landing pages of the Third-party links. We recommend you to carefully review the respective Terms of Use and the Privacy Policy of such Third-party sources when you leave Aleluya by clicking the Third-party links and jump to the landing pages.
8.Privacy Policy and Information Disclosure
8.1 Our Privacy Policy describes what kind of information we collect, how we handle the information You provide to us when You use Aleluya. You understand that through your use of the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the storage, processing, sharing and use of this information, and the protection policy by us.
8.2 Aleluya views the protection of user’s privacy as a very important community principle. Aleluya clearly understands that the information provided by you, personal or non-personal, is one of the most important assets to Aleluya. Aleluya stores and processes the information provided by you that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
8.3 Aleluya may need to disclose your personal and other information provided by you when required by law or the competent govern bodies, in relation to compliance with a court order, ongoing judicial proceeding, administrative proceeding, or any other legal process or request to Aleluya brought in any country/region where Aleluya carries out business, or to exercise Aleluya’s legal rights or defend against legal claims.
8.4 YOU ACKNOWLEDGE AND AGREE THAT Aleluya may also disclose your personal and other information you provide, to another third-party as part of a re-organization or an investment into the Company or a sale of any or substantially all of the business of the Company. Any third party to which the Aleluya or its shareholders transfer or sell Aleluya’s shares or assets will have the right to continue to use the personal and other information that you provide.
9.Breach, Remedies and Indemnification
9.1 Under the circumstance of any of your breach of this Terms of Use provided hereto, without limiting other remedies, Aleluya may pursue, at its sole discretion, take such action as it deems fit, including but not limited to (i)limitation, suspension or cancellation of your account, (ii)limitation or cessation of your access or use of Aleluya; (iii)removal or deletion of your information; (iv)report to the competent Authority and coordinate with the investigation; (v)legal remedies applicable under the Laws; and/or (vi) other applicable methods that Aleluya deems fit on a case-by-case basis. Aleluya shall not be responsible and/or liable for removing or deleting such information.
9.2 You shall indemnify and hold harmless Aleluya, its subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, including the Policies incorporated herein, by reference, or your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You.
10.Warranty Disclaimers
YOU ARE FULLY AWARE THAT ALELUYA IS A MOBILE PLATFORM SO THAT YOUR USE OF THE SERVICES ON ALELUYA SHALL BE SOLELY AT YOUR OWN RISK. ALELUYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ALELUYA MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS ON ALELUYA OR CONTENT FROM ANY WEBSITE/RESOURCE OR LINKED TO ALELUYA; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III)ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ALL FINANCIAL INFORMATION STORED THEREIN, (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. ALELUYA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR PROVIDED BY ANY THIRD PARTY THROUGH ALELUYA OR THROUGH HYPERLINKED IN ANY ADVERTISING PLACEMENTS ON ALELUYA. YOU ACKNOWLEDGE THAT ALELUYA WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING THE TRANSACTION, IF ANY, BETWEEN YOU AND ANY OTHER USER OF ALELUYA OR ANY THIRD PARTY, WHERE SUCH TRANSACTION IS NOT PART OF THE SERVICES PROVIDED BY ALELUYA.
11.Limitation of Liability
In no event shall Aleluya, its officers, directors, employees, or agencies, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with (i)errors, mistakes, omissions, or inaccuracies of Content; (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Aleluya; (iii)any unauthorized access to your secure servers and/or all personal information therein; (iv)any interruption or cessation of use or Services on Aleluya; (v)any bugs, virus, trojan horses, or the like, which may transmitted to or through our servers by any third party; (vi)any loss or damage incurred as a result of your use of the Services, and/or (vii) any delay, failure, interruption or errors in connection with the Pay Facility, whether based on warranties, contracts, torts, or any other legal theory, and whether or not Aleluya is advised of the possibility of such damages. The limitation of liability under this provision shall apply to the full extent permitted by the applicable Laws.
12.Report of Grievance
In case of any grievance, objection or complaint on your part with respect to Aleluya, other users of Aleluya, including any complaints or enquiry about the measures Aleluya taken with respect to your use of Aleluya, you should promptly raise such grievance or complaint to our designated email address for grievance receiving at support@aleluya.live and provide us with all necessary information and/or documents to enable the Aleluya to try and resolve the issue(s).
13.Miscellaneous
13.1 No actions, omissions or decisions taken by Aleluya shall be deemed a waiver of any rights or claims that Aleluya may have against the user. Any user that may have been taken measures by Aleluya such as account suspension or Content deletion may not register/restore or attempt to register/restore the Aleluya account or the respective Content in any manner whatsoever until such time that such user is reinstated by the Aleluya. Notwithstanding the above, if you breach this Terms of Use or the Policies and other documents incorporated therein by reference or any other agreements entered into between Aleluya and you in addition to this Terms of Use and/or the Policies, apart from the measures stated under Article 8, Aleluya reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
13.2 None of the provisions of this Terms of Use shall be deemed to constitute a partnership or joint venture or agency between you andAleluya, and you shall have no authority to bind Aleluya in any manner whatsoever.
13.3 Except as explicitly stated otherwise, any notice directed to Aleluya shall be given by email to support@aleluya.live and any notice to you by Aleluya shall be provided to you by in-app notice and you shall pay attention to the in-app notification from time to time. Notice shall be deemed to be delivered as soon as it has been given. It shall be the sole obligation of the you to keep Aleluya updated about any change of your contact details. Failure in notice of the in-app notification on the part of the user, or failure to receive the notification on the part of user due to negligence to update the the contact details on Aleluya, shall not render such notices invalid.
13.4 If any clause of this Terms of Use and/or the Policies thereof shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this Terms of Use and/or the Policies other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this Terms of Use and/or Policies shall be valid and enforceable to the fullest extent permitted by applicable Laws.
13.5 This Terms of Use, together with the other Policies, entered between Aleluya and you, incorporated herein by reference, constitute the entire understanding and agreement between you and Aleluya with respect to the subject matter herein.