These Terms of Service are effective as of October 25 2022. Please read these Terms of Service carefully before using our service. These Terms of Service (“TERMS”) govern your use of our service.

1. Introduction.

A. KONVERTLI, Or (“KONVERTLI,” “We,” or “Our”) provides its services, as defined below, to you through its web site located at www.KONVERTLI.com.au (the “Site”), subject to these terms.

B. Your access to and use of the Site is conditioned on your full acceptance and compliance with these Terms and Conditions and this Website Privacy Policy, which is published at KONVERTLI.com,au and which is incorporated herein by reference (“Privacy Policy”). The Terms of Service and Privacy Policy are applied to all visitors, users and others who access or use this Website. By accessing or using this Site, you agree to be bound by these Terms of Service and Privacy Policy. If You disagree with these Terms of Service and/or Privacy Policy or any part of them, You must not use this Site.

2. General.

A. These terms and conditions together with the sign-up form, Pricing Terms, Privacy Policy and any other special terms applicable (hereinafter the Terms) govern the provision of our services to You (hereinafter the User or You). The Privacy Policy, explaining how we collect and use your personal data, can be found at www.konvertli.com.au/privacy.

B. Language of the Terms. These terms are available in the English language.

3. Eligibility.

A. By using our Services (as this term is defined below), You agree that the information provided to KONVERTLI is accurate, complete, and is yours or within Your right to use. (a) All registration information You submit to KONVERTLI must be truthful and accurate; (b) You will ensure such information is accurate and up-to-date; (c) You are at least 18 years of age and/or have a full legal capacity to enter into legally binding relations; and (d) Your use of the Services does not violate any applicable law, regulation, and/or Your entity, company, or organization rules.

B. If You sign up to use our Services for a legal entity, You have the authority and agree to these terms on behalf of that entity. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and may not use the Service.

C. To be eligible to use the Service, you (a) must not be restricted from using the service or be prohibited from using a KONVERTLI account (b) are not a competitor of KONVERTLI or are not using the Service for reasons that are in competition with KONVERTLI (c) will not violate any rights of KONVERTLI, including intellectual property rights such as copyright or trademark rights.

4. The Service.

A   We agree to perform the ‘KONVERTLI program inclusions’ (or “Services) with attention and care to the best of your ability during your time as a client with us. 

B.  We may provide these services to you using our employees, contractors and third party providers, at our discretion to deliver the ‘KONVERTLI program inclusions’ to the best of our ability, and they are included in these terms. 

C.  Suppliers of third party services who are not employees or our direct contractor and who you engage (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them. 

D.  Our services may include delivery through Online Learning Management Systems, other online platforms and communication channels, as well as face-to-face components at our events. We reserve the right that delivery mechanisms and platforms as well as face-to-face delivery locations may change from time to time where reasonable. 

E.  You are responsible for the organising and funding of travel and accommodation to visit KONVERTLI locations. 

F.  We reserve the right to vary these terms, revise the content of the Service or Program, cancel, amend, change or reschedule part of the Program and to make other changes to the Program and your Enrollment as reasonably required. 

G.  We reserve the right to close our office and its operations for up to FOUR (4) weeks during the year, including the Easter and December/January holiday seasons. During this time, there will be limited or no access to all components of the service or program, (unless otherwise agreed in writing) except for the online education and resource portal and Facebook groups. There could be limited support available from our employees, contractors, advisers or third party providers during this time. 

5. User Content. Any content You store or post through our Service (hereinafter User Content) remains Yours. User content can be, for example, texts, pictures, reviews, campaigns created and uploaded by You. User Content is not content you received or used from KONVERTLI libraries or through KONVERTLI Service in any other way.

A. You hereby grant us a limited worldwide license to use, access, copy, modify, distribute, reproduce, store, transmit, reformat, edit, translate, make derivative works of, publicly display and publish the User Content to the extent needed by us to provide Services to You. The license you grant us is non- exclusive, fully-paid and royalty-free, transferable and sub-licensable.

B. You are solely responsible for Your User Content and liable for any consequences outside of or related to publishing or transmitting such content. By publishing or transmitting Your User Content, you confirm that You have the right to publish or transmit such User Content and that such actions do not violate these Terms, applicable law, or the intellectual property rights of any third person. You must ensure that no private content is accidentally made public.

C. If you use our services to carry out promotional campaigns, contests or similar, you are solely liable for ensuring that the performance of any such activities is in compliance with all applicable laws and rules of the corresponding social media provider.

D. KONVERTLI does not monitor the User content. You are solely liable for the compliance of Your User Content and activities to the terms of the corresponding social media service providers.

E. However, without assuming any obligation to do so, KONVERTLI may delete any User Content or suspend or terminate your User account with us at its sole discretion. KONVERTLI may take such actions without any prior notification to the user.

F. KONVERTLI is not required to keep back-up copies of User Content once your account or User Content is removed or blocked for whatever reason. We make no guarantee that user content will be safely stored. To be safe, you should independently back-up Your User Content, to the extent permitted herein and by applicable laws and regulations.

10. Prohibited activities. You are NOT permitted to do the following:

I. Use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to publish or communicate any unlawful, defamatory, violent, harassing, sexually explicit or otherwise objectionable content;

II. Transmit material or content that contains viruses or other malicious code, or content which infringes or may infringe intellectual property or other rights of third persons;

III. Display, use or post the files that you download from the Site (Files) in a way that would lead to the conclusion that the model in the Files approves or endorses the items or services of any venture or trademark;

IV. Show a person depicted in the Files in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);

V. Use the Files for pornographic, illegal or immoral purposes; and/or use the Files in items or products that could embarrass or humiliate a person or model in the Files;

VI. Send unsolicited, intrusive messages, spam, "chain letters", etc. to KONVERTLI and Users;

VII. Perform unauthorized actions for collection, storage, use or disclosure of Users’ personal information obtained by the User when using Site or as a result of uploading Files or obtaining services;

VIII. Take any actions which may lead to the liability of KONVERTLI to any party or which may cause a suspension or termination of services offered by third parties to KONVERTLI or Site Users;

IX. To interfere with the site operation, services available therein and other users’ accounts;

X. To register on the Site under another username and password, already being a registered User of

the Site;

XI. To attempt unauthorized access to the Site or the servers on which it is hosted, or any other servers, computers or database, other equipment and technological tools related to the Site;

XII. To perform DoS-attacks and DDOS-attacks on the Site;

XIII. To perform any other actions which may violate the provisions of these Terms of Use and/or applicable laws on the Site. The above-mentioned actions can be qualified as an offense entailing the punishment and sanctions provided for by law. In the case of such violations, KONVERTLI will be forced to apply to the competent authorities to enforce its rights and interests, as well as the rights and interests of the users of the Site. In the case of the above actions, such User’s right to use the Site and Services will be discontinued and KONVERTLI will be entitled to disclose the User’s personal data and information to

the competent authorities and persons as provided for by the applicable laws.

11. Intellectual property.

A. The content provided through our Service, including all information, data, text, graphics, images, templates, sound files, software, advertisements and other material contained in KONVERTLI’s libraries, website and Service is the property of KONVERTLI and/or its licensors, and shall remain exclusive property of Us/said licensors (hereinafter KONVERTLI Content).

B. KONVERTLI grants You a limited, revocable, personal (unless otherwise provided in the subscription plan), non-exclusive license to access the Service and view, copy, print and publish the KONVERTLI Content made available to You through the Service during the term of Your valid subscription. You may use such KONVERTLI Content for your own use, but you may not edit or make derivative works of KONVERTLI Content, or reproduce, distribute or display

it for any other reasons than provided in these terms.

C. For avoidance of doubt, you are not permitted to publish or use in any other way any of the pre-written templates in the library of KONVERTLI for any other purpose than for the use of the Services. These terms do not grant you any rights to use the KONVERTLI trademarks, logos, service marks, button icons, design, domain names or other distinctive branding features, whether for commercial or non-commercial use, without the prior express consent of

KONVERTLI.

By accepting these terms, you agree that KONVERTLI Content (e. g. templates, texts, images, and other material) is not unique to your business and it may be used and published by other users as well. Other than the right to access and use the Services as expressly provided herein, all intellectual property rights to the Services not explicitly granted to You in these Terms are retained by KONVERTLI. Except as expressly permitted above, any use of any KONVERTLI Content without the prior written permission of KONVERTLI is strictly prohibited and any use of KONVERTLI Content in breach of

These terms will terminate the license granted and your agreement with us. To request permission for use of KONVERTLI Content not included in this license, You may contact KONVERTLI for the contact details provided below.

12. Privacy policy. User privacy and protection of User information provided user KONVERTLI while using the Services is very important to KONVERTLI. Processing of user's personal data by KONVERTLI is subject to the KONVERTLI Privacy Policy .

13. Third party content.

A. KONVERTLI, other users or third parties may provide content during the provision of Services or redirection to other websites ("Linked Sites").. KONVERTLI expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of such Linked Sites through the Services.

B. These Linked Sites are provided solely as a convenience to our users. Such Linked Sites are not under Our control, and We are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

C. You will need to make Your personal independent judgment regarding your interaction with these linked sites.

14. No warranties. KONVERTLI disclaims any and all warranties, expressed or implied, in connection with the Services. The Services are provided to you “as is” and “as available” and we do not, e.g., offer any warranties as to quality, fitness for purpose, non-infringement, completeness or accuracy of the Service. In particular, we do not warrant that the Services will work with any user interface or browser, or with any network connection particularly if the User does not have a sufficiently fast and reliable internet connection and updated and modern user interface and browser. Regardless of our efforts to provide You with services of the highest quality, safety and security, we make no warranty that the Services will be uninterrupted, timely or error-free or that defects will be

corrected. KONVERTLI does not warrant that the collection, transmission and storage of personal data is secure at all times.

KONVERTLI reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, all without liability to You for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Reasonable advance notification will be provided of discontinuing the Services where possible. KONVERTLI is not responsible for any difficulties in operating or using the Services that are caused by the web hosting service provider, social media service provider, Your internet service provider or any other third party unless required by applicable law.

15. Limitation of liability. To the maximum extent permitted by law, KONVERTLI shall not be liable for any damages or loss of profit resulting from Your use or inability to use the Services or any unauthorised access to or interruption, alteration, loss or deletion of Your User Content or data.

Furthermore, KONVERTLI shall in no event be liable for indirect, consequential or punitive damages. In any event, the aggregate liability of KONVERTLI is limited to the amount that the User has paid to KONVERTLI for the Services during the twelve (12) months immediately preceding that month in which the event giving rise to KONVERTLI’s liability occurred.

16. Indemnification. You agree to indemnify, defend, and hold KONVERTLI and its third party service providers harmless from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to any User Content You submit,

transfer or make available through the Services, or from any promotional campaigns or contests organized or created by You, or Your misuse of the Services; Your breach or alleged breach of any of these Terms and Your violation of any rights (including intellectual property rights) of a third party.

17. Amending the Terms. KONVERTLI reserves the right to amend any part of the Terms at any time. KONVERTLI will provide You with 30 days prior notice of such changes. The User is responsible to review the Terms. By continuing use, You agree to and accept the amendment and modifications.

18. Applicable law and dispute resolution. The Terms are governed by the laws of Australia without regard to its conflict of law rules. Any disputes arising out of or in connection to these Terms shall be finally settled by the District Court of NSW, Australia, unless otherwise required by mandatory law.

The legislation in Your country of residence might provide consumers with rights that are in conflict with the provisions of these Terms. In such a case, the mandatory provisions of the law supersede the conflicting provisions in these Terms. For more information on Your consumer rights, please contact Your local consumer advisory organization.

19. Final provisions. These Terms together with the sign-up form, Pricing Terms, Privacy Policy and any other special terms applicable constitute the entire agreement between You and KONVERTLI with respect to the subject matter of these Terms, and supersede and replace all previous agreements, written or oral, applicable to the subject matter of these Terms. If any provisions of these Terms is found to be void, invalid, illegal or unenforceable in any respect,

the validity, legality and enforceability of the remaining provisions contained herein will not be

affected or impaired. KONVERTLI may assign any or all of its rights hereunder to any party without Your consent. Please send all notices under these Terms to KONVERTLI to the e-mail address listed here. solutions@konvertli.com.au