Welcome to KelvaWork!

These terms and conditions outline the rules and regulations for using KelvaWork's Website, located at https://klevawork.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use KelvaWork if you do not agree to take all of the terms and conditions stated on this page. If you disagree with any part of the terms, you may not access the Service.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using thehttps://klevawork.com website (the “Service”) operated by KlevaWork (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

1. Cookies

The website uses cookies to help personalize your online experience. By accessing KelvaWork, you agree to use the required cookies.

A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

To operate our website, we may use cookies to collect, store, and track information for statistical or marketing purposes. You can accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent, as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

2. License

Unless otherwise stated, KelvaWork and/or its licensors own the intellectual property rights for all material on KelvaWork. All intellectual property rights are reserved. You may access this from KelvaWork for your own personal use, subject to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from KelvaWork

• Sell, rent, or sub-license material from KelvaWork

• Reproduce, duplicate or copy material from KelvaWork

• Redistribute content from KelvaWork

This Agreement shall begin on the date hereof.

Parts of this website allow users to post and exchange opinions and information in certain areas of the website. KelvaWork does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of KelvaWork, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, KelvaWork shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

KelvaWork reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation, copyright, patent, or trademark of any third party;

• The Comments do not contain defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business, custom, or present commercial or unlawful activities.

You hereby grant KelvaWork a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

3. Hyperlinking to our Content

The following organisations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organisations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our website.

These organisations may link to our home page, to publications, or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organisations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of KelvaWork; and (d) the link is in the context of general resource information.

These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to KelvaWork. Please include your name, your organisation name, contact information, the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Use any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of KelvaWork's logo or other artwork will be allowed for linking absent a trademark license agreement.

4. Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims raised on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene, or criminal or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

5. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to remove all links to our Website upon request immediately. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, warrant its completeness or accuracy, or promise to ensure that the website remains available or that the material on the website is kept up to date.

6. General Disclaimers

The Services are intended for general education and information purposes only. They are intended for a general audience and do not purport to be, nor should they be construed as, advice or counselling tailored to any specific business or industry. Nothing on the Site or any of the content provided to you by us during our provision of the Services purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information we provide.

We are committed to providing you with a positive experience, but your decisions and the consequences of those decisions are your sole responsibility. Your success depends on many factors, including dedication, participation, desire, and motivation.

Any testimonials and examples in our marketing materials should not be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that we, our directors, principals, employees, and representatives are not responsible for your decisions or losses that may arise out of any business or personal decision you make at any time. To clarify, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are wholly responsible for your progress and results from the Services.

You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as-available” basis. Whilst every reasonable effort will be taken to ensure our content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of our content and the Site for any purpose. Subject to the other terms of this Agreement and the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and conditions and privacy policy available on our Site.

7. Earnings and Income Disclaimer

We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or
activity and agree there is no guarantee that you will earn any money or reach your goals as a result of your purchase of or participation in our Services.

Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.

Nothing on the Site or any of our content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the Services and extent, the results experienced by each client may significantly vary.

8. Your Obligations

During the provision of the Services, you must:

(a) co-operate with us as we reasonably require;

(b) be respectful to us, our staff and agents and other Participants;

(c) provide the information and documentation that we reasonably require to provide the Services to you;

(d) keep us informed of any medical, health or personal circumstances that may interfere with the Services;

(e) be responsible for your own results, which includes complying with reasonable directions and using your program benefits (including templates and guides, videos and spreadsheets); and

(f) honour the relationship between you and us, by being direct, truthful and open so we can work together.

You acknowledge and agree that if you breach any of these terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.

9. Confidentiality

We respect your Confidential Information, and by using our Services, you agree to respect the same rights of the other Participants and the rights of Essentiate and its representatives.

You agree:

(a) that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;

(b) not to disclose such information to any other person or use it in any manner other than in discussion with Participants;

(c) that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us;

(d) that if you violate, or threaten to violate, any of your agreements contained in this clause 7.2 we will be entitled to, among other things, injunctive relief to prohibit such violations.

While statements, oral or written, of the Participants in the strictest of confidence.

You are free to discuss your personal results from our Services, you must keep the experience and you grant us the right to disclose Confidential Information provided that such information is de- identified or where you provide us with your consent.

The Confidential Information does not include information which:

(a) is generally available in the public domain otherwise than as a breach of clause 7.2 by you; or

(b) was known by us prior to you disclosing the information to us.

You agree to indemnify us against all liabilities, costs and expenses which we may incur as a result of any breach of this clause 7 by you.

The obligations accepted by you under this clause survive termination or expiry of this Agreement.

10. Disclosure and Ownership of Intellectual Property

While you may access, browse, or print Our Content for non-commercial, personal, or internal business use, you must obtain our prior express written permission if you would like to use, copy, record, or reproduce it for any other use. All materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorised by us.

The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.

Modifying Our Content for any other purpose violates our copyright, trademarks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using Our Content.

All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.

Our intellectual property may not be used in connection with any product or service that does not belong to us, in any manner that is likely to confuse customers, or in any manner that disparages us.

Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or any license or right to use any trademark without our express written permission.

You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to us and extends to such use without restriction or limitation regarding time or geographic boundaries.

You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication and regardless of whether a fee is charged or collected by us for any product and/or service in connection with such use and publication. You also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and you waive the right to approve the use and medium of publication determined by us.

You understand that we own all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

11. Termination, Suspension, and No Refunds

We reserve the right to suspend or terminate this Agreement or our Services generally without refund or forgiveness of payments if you become disruptive to us or Participants, fail to follow the Services guidelines, are difficult to work with, impair the participation of the other Participants, or breach any terms of this Agreement, as determined by us in our sole discretion.

To the extent permitted by law, refunds are not provided for Services, including where you have been given access to Our Content, whether accessed by you or not, irrespective of whether you are absent or withdraw from the Services prior to the Termination Date. You acknowledge and agree that you waive all rights to attempt to charge back any amounts paid under this Agreement with your nominated credit card provider.

12.Liability is Limited

10.1 The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non- performance of or reliance upon the Services, the Site, or Our Content.

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

(a) Reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);

(b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(c) Accessing websites or servers maintained by other organisations through links on our Site or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services, and you access them at your own risk; and

(d) The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

13. Your Indemnity

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through the use of our Services.

14. Affiliate Disclosure

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.

15. Dispute Resolution

If a dispute arises between the parties regarding this Agreement, it must be dealt with in accordance with this clause. Any party claiming that a dispute exists must notify the other party to the dispute (the Second Party) in writing of the nature of the dispute.

In the case of claims against us, all notices are to be provided to us in writing.

If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties; (b) The chosen mediator shall determine the procedures for mediation; and

(c) The chosen mediator will not have the power or authority to make any other determination regarding the dispute.

If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter if, in that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute, the parties must continue to comply with their obligations under the contract.

This clause survives the termination of this Agreement.

16. General Applicable Law

(a) This Agreement takes effect, is governed by and will be construed in accordance with the laws from time to time in force in Queensland. The Parties submit to the non- exclusive jurisdiction of the courts of Queensland.

17. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer (a) are subject to the preceding paragraph and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

CONTACT US

If you have any questions about these Terms, please contact us at connect@klevawork.com.