Alby – Terms of Service

Last updated: 5 November 2025

 

Welcome to Alby!

These Terms of Service (our “Terms“) govern your use of the websites, applications, and services comprising Alby Place, Alby Market, Alby Travel, and Alby Plus as (collectively, the “Services“) provided by Aspire Live Pty Ltd (ABN 99 662 218 135), trading as Alby (“Alby“, “we“, “our“, or “us“).

These Terms incorporate and are supplemented by the following supplementary documents which form an integral part of this agreement:

  1. Marketplace Seller Agreement (applicable to sellers on Alby Market)
  2. Refunds and Disputes Policy (applicable to all marketplace transactions)
  3. Privacy Policy (see below Section 4 – Privacy and Your Data)


By accessing or using any of our Services, you (“User“, “you“, “your“) agree to be bound by these Terms, our Privacy Policy, our Refunds and Disputes Policy, and, if you are a seller on Alby Market, our Marketplace Seller Agreement. Where you are a seller on Alby Market, you must also comply with the Marketplace Seller Agreement, which forms part of these Terms. These documents together form a legally binding agreement between you and us. Please read them carefully.


If you are using our Services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms, and “you” and “your” will refer to that entity.

These Terms are divided into two parts:

  1. Part A – General Terms: These apply to all users of any Alby Service.
  2. Part B – Service-Specific Terms: These contain additional terms that apply to the specific Services you use: Place, Market, Travel, and Plus+.

PART A: GENERAL TERMS

 

1. Your Account

To access many of our Services, you need to create an account. You agree to provide information that is accurate, complete, and current. If you provide information that is untrue or incomplete, we reserve the right to suspend or terminate your account.

You are responsible for all activity that occurs under your account and for keeping your password secure. You must not share your account credentials with any third party. You must notify us immediately if you suspect any unauthorized use of your account.

2. Your Obligations & Prohibited Conduct

When using our Services, you agree to act lawfully, responsibly, and courteously. You must not:

  1. Engage in any fraudulent, misleading, or deceptive conduct. Knowingly providing false information to us or other users is strictly prohibited.
  2. Post or transmit any content that is defamatory, offensive, obscene, illegal, infringing on third-party rights (including intellectual property rights), or contrary to community standards.
  3. Use the Services to harass, abuse, or harm another person.
  4. Interfere with, disrupt, or impose an unreasonable load on our systems or the proper working of the Services.
  5. Copy, scrape, resell, reverse engineer, or create derivative works from our platform, content, or underlying software, except as permitted by law, or
  6. Use the Services for any purpose that violates Australian law.


We reserve the right to suspend or terminate your access to the Services if you breach these obligations. Where reasonably practicable, while suspended, we will provide you with notice of the alleged breach and an opportunity to remedy it within a seven (7) days before termination, except where immediate action is necessary to prevent harm, fraud, or legal violations.

3. Intellectual Property

All content, trademarks, logos, and software on our Services are owned by or licensed to us and are protected by copyright and other intellectual property laws. We grant you a limited, revocable license to access and use the Services for their intended purpose.

You may not reproduce, distribute, or otherwise use our intellectual property without our prior written consent.

When you upload your own content (“User Content“) to the Services, you retain ownership of it. However, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, display, modify, and distribute your User Content solely in connection with operating and providing the Services. This license will terminate when you delete your User Content from the Services, except where we have a legitimate reason to retain it (such as for legal compliance or where it has been shared with other users).

You warrant that you have all necessary rights to your User Content and that its use will not infringe on any third-party rights.

4. Privacy and Your Data

We are committed to protecting your privacy. Our Privacy Policy, accessible at myalby.com/privacy-policy and incorporated into these Terms by reference, explains how we collect, use, and protect your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to the data practices described in our Privacy Policy. Where required by law, we will obtain your separate consent for specific data processing activities.

5. Third-Party Links and Services

Our Services may contain links to websites or services operated by third parties. These links are for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party sites or services. Your access to and use of such third-party services is solely at your own risk, and you should review their terms and privacy policies.

6. Disclaimers and Limitation of Liability

  1. To the maximum extent permitted by law, our Services are provided “as is” and “as available” without any warranties, whether express or implied.
  2. We do not warrant that the Services will be uninterrupted, secure, or free from errors or viruses. While we take reasonable care, we do not guarantee the accuracy, reliability, or completeness of any information on our Services.
  3. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by any statute (including the Australian Consumer Law) which cannot lawfully be excluded or limited.
  4. Where any statute implies a term and prohibits its exclusion, our liability for any breach of such a term is limited, at our option, to the supplying of the services again; or\
  5. the payment of the cost of having the services supplied again.
  6. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of, or inability to use, our Services.
  7. Subject to the limitations in the preceding paragraphs regarding statutory guarantees, our total aggregate liability to you for any loss or claim arising out of or in connection with these Terms (other than liability that cannot be excluded under the Australian Consumer Law) will not exceed the greater of five hundred Australian dollars (AUD $500) or the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

7. Indemnity

To the extent permitted by law and except where such claims arise from our gross negligence or wilful misconduct, you agree to indemnify and hold harmless Alby, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  1. your access to or use of the Services;
  2. your breach of these Terms; or
  3. your violation of any law or the rights of a third party.

8. Changes to these Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of any material changes by posting the updated Terms on our website and, where practicable, by email to registered users at least 30 days before the changes take effect. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

9. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

You may terminate your account at any time by contacting us or through your account settings, where available.

Upon termination by you, we will refund any prepaid fees on a pro-rata basis for services not yet provided, and we will delete or anonymise your personal information in accordance with our Privacy Policy and applicable law within 30 days, except where we are required to retain it for legal or regulatory purposes.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia.

PART B: SERVICE-SPECIFIC TERMS

11. Alby Place (Business Directory)

Alby Place is a platform that allows businesses to create listings and users to post reviews and other content.

  1. Our Role: We act as a neutral intermediary. We do not endorse, vet, or guarantee any business, listing, or User Content. We are not a party to any transaction or interaction between users and listed businesses.
  2. Business Listings: If you are a business creating a listing (“Business“), you represent and warrant that all information you provide (business name, address, description, contact details, images) (“Listing Content“) is accurate, complete, not misleading, and does not infringe any third-party rights. You are solely responsible for maintaining the accuracy of your Listing Content.
  3. Listings and Content: If you are a business, you are responsible for ensuring your listing information is accurate, complete, and not misleading. If you are a user, you are responsible for the content you post. You must not post content that is defamatory, false, or infringes on the rights of others.
  4. Moderation: We reserve the right, but are not obligated, to remove or edit any content that we, in our sole discretion, deem to be in violation of these Terms or otherwise inappropriate.
  5. Disclaimer: Your reliance on any listing or user review is at your own risk. To the fullest extent permitted by law, we exclude all liability for any loss or damage arising from your reliance on information found on Alby Place.

12. Alby Market (Marketplace)

Alby Market is an online marketplace that connects buyers and sellers of goods and services.

  1. Our Role: We are a marketplace facilitator and are not the seller, buyer, or agent in any transaction, unless an item is expressly marked as “Sold by Alby”. The contract of sale is directly between the buyer and the seller.
  2. Seller Obligations: Sellers must ensure that all items are accurately described, lawful, and comply with all relevant Australian laws, including the Australian Consumer Law. Sellers are responsible for order fulfilment, including shipping and handling, unless otherwise agreed.
  3. Buyer Responsibilities: Buyers should review all product details, shipping terms, and seller policies before making a purchase.
  4. Consumer Guarantees: Where you purchase goods or services as a “consumer” under the Australian Consumer Law, certain consumer guarantees apply. These guarantees are the responsibility of the Seller.
  5. Disputes: If you have a dispute with another user, you should first attempt to resolve it directly with them. We may provide a dispute resolution mechanism to assist, but we are not obligated to do so.
  6. Liability: We do not guarantee the performance, quality, suitability, or legality of any goods or services listed. Our liability for any loss arising from your use of Alby Market is limited as set out in the General Terms.

13. Alby Travel (Travel Bookings & Insurance Referral)

Alby Travel is a platform that facilitates your access to third-party travel providers (e.g., airlines, hotels) and travel insurance partners.

  1. Our Role: We act as a booking platform and referral service only. We are not a travel provider, agent, or insurer.
  2. Travel Bookings: When you make a booking, your contract is directly with the travel provider. Their terms, conditions, and cancellation policies apply. We are not liable for the acts, omissions, or insolvency of any travel provider.
  3. Travel Insurance: When inquiring about travel insurance, you will be referred to a third-party website and their terms, conditions, and cancellation policies will apply. We act solely as a referrer to licensed third-party insurance partners. We do not offer, arrange, or provide any insurance product or advice.
  4. No Advice: Any information we provide is factual and general in nature. It does not take into account your personal objectives, financial situation, or needs. We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth).
  5. Your Responsibility: Before purchasing any insurance product, you must read the provider’s Product Disclosure Statement (PDS) and their terms carefully. You should consider whether the product is suitable for you and obtain independent professional advice if needed.
  6. Referral Fees: We may receive a commission or referral fee from our partners when you purchase a product through our referral. This does not affect the price you pay.

14. Alby Plus+ (Business Insurance Referral)

Alby Plus+ is a referral service that connects you with licensed business insurance providers.

Our Role & Important Disclaimers:

  1. Referral Service Only: We act only as a referrer. We connect you with licensed insurance brokers or insurers (“Insurance Partners”).
  2. No Financial Product Advice: We are not authorized under the Corporations Act 2001 (Cth) to provide financial product advice or to act as a licensed insurance broker. You must not rely on us for any advice concerning insurance.
  3. General Information Only: All information we provide is general and factual in nature and is not tailored to your specific business circumstances.
  4. Your Responsibility: Your contract for any insurance product is directly with the Insurance Partner. You are responsible for assessing the suitability of any product for your business, obtaining independent professional advice, and carefully reading the provider’s Product Disclosure Statement (PDS) and policy terms before making a purchase.
  5. Consent to Data Sharing: By submitting an enquiry, you consent to us collecting your information (such as your name, contact details, and business activity) and disclosing it to our selected Insurance Partners for the sole purpose of them contacting you to provide insurance quotes and assistance.
  6. Referral Fees: We may receive a referral fee or commission from our Insurance Partners if you purchase a policy through our referral. This does not increase the cost of your policy.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]

Postal Address:

Attention: Legal & Privacy Officer

Aspire Live Pty Ltd

70 Stirling Terrace

Albany, WA 6330

Australia