Terms of Service

The Terms of Service as enumerated herein, are intended to go above and beyond the minimal requirements of the applicable provisions of the law, to the maximum extent that is permitted under the law. Since the contents of these terms were entered into by electronic means, it is imperative that you print out a hardcopy of these Terms of Service.

TERMINOLOGY

The terms, when used in this document, or in any other manner associated with the use of our website, our products or services, shall have the following meanings:

“Authentication Information” – Refers to any passwords, names or other security information submitted by the User, to allow the user access to the website.

“Company” – Any references to the Company, without any further definition, shall be assumed to be a reference to KonTech Australia Pty Ltd.

“Confidential Information” – Refers to any information submitted by a user to the website, which may be personally identifiable, or otherwise defined under the law as being confidential in nature.

“Exercise Files” – Any files, images, documents or videos that is used by an author during his or her course, regardless of whether such is via a recording, a live webinar or online consultation.

“Password Sharing” – Any sharing of passwords with another individual or organization, without the expressed written consent of the Company shall result in the termination of a User’s account.

“Phishing” – Shall refer to any scheme used by a third party to obtain Authentication Information from our Users. Users who believe that a third party has gained access to their Authentication Information shall be required to notify the Company immediately.

“Public Website” – Any portion of this website that is accessible to all non-member visitors to the site.

“Services” – Refers to the entire contents of this website, including its features, functionality, information and data, which includes but is not limited to software, images, text, videos, audio recordings, display, layout and design or any other arrangement thereof, including the Exercise Files, Standard Content or any other item relating to the website.

“User” – Refers to any individual and or organization that purchases or otherwise makes use of the products and services of EasyLearnLive and its website, www.easylearnlive.com.

“Virus” – any program, code or other device that is designed to impair, damage, prevent access to or in any other manner, affect the functionality of a computer software, hardware or telecommunications network which is capable of manipulating, deleting , altering, or erasing data within a program or otherwise create an unauthorized access to that data.

“Website” – Refers to the content contained within www.easylearnlive.com, including but not limited to the data, information, layout, design, functionality, images and other graphics, code, interfaces, or any other proprietary intellectual property contained therein.

“Confidential Information” means all portions of the Services.

RIGHTS, WARRANTIES, RESTRICTIONS, OBLIGATIONS AND REPRESENTATIONS

• The end User shall agree to faithfully comply with any rule or other regulations published by the Company with regards to the use and or access to the website or the products and services offered by the Company, which form part of these Terms.

• The User also agrees that the Company may, or may not, at its own discretion, monitor the services offered within the website, and/or compliance with the Terms and Conditions of its use.

• Further, the end User also agrees as follows:

• The User will not transfer access to the non-public portions of the website to any third party;

• The User will not store, or in any manner distribute or transmit any viruses;

• The User will faithfully comply with any applicable law or regulation relating to the use of the services offered by the Company;

• The User will not copy, lease, rent, resell, sublicense, reproduce, distribute, transfer, modify or otherwise display or publically perform any services or products of the company to any third party;

• The User will not decompile, reverse engineer or otherwise reproduce, in part or in whole, any source code from any part of the website;

• The User will not attempt to delete, modify or otherwise alter any trademark, copyright or other intellectual property mark of the Company, which may be found on the website, or received by the User through any other means;

• The User shall be solely liable for maintaining their personal equipment, including but not limited to the acquisition, installation, operation and maintenance of any hardware or software necessarily required to access any part of the website or products and services offered by the Company;

• The User may not perform any act or omission, which may directly or inadvertently infringe upon the intellectual property rights of the Company, the website or any authors of the products and services offered by EasyLearnLive, nor will the User perform any act which may be defamatory, libellous, malicious or otherwise damaging to the Company, its products and services as well as its authors.

WEBSITE AVAILABILITY

While the Company will do its best to ensure the continued availability of its products and services through the website, the end User recognizes the fact that the control of data and traffic through the Internet, is beyond the control of the Company itself and shall indemnify the Company for any delays that may be caused by the Internet or any necessary modification or maintenance of the website.

INTELLECTUAL PROPERTY RIGHTS

• Any services, products or other data and/or technology which may be owned in part, or in whole by the Company, licensors or Authors are Intellectual Property and are thus protected under Australian and international intellectual property right laws, including but not limited to copyrights, trademarks, patents or other forms defined under the law. • At no time, shall any Intellectual Property of the Company or its Authors be transferred to the User or any third party, as the same is explicitly reserves. • Further, neither the User nor any other third party shall have the right to use any logos, names, products or services, which constitute as Intellectual Property of the Company or its Authors, without the express written consent of the Company or its respective owners.

OBLIGATIONS OF THE COMPANY

The Company will make any reasonable effort to ensure the availability and accessibility to its products and services at all times, except during times, which may be pre-scheduled exclusively for the maintenance and repair of the website. The Company cannot be held liable for any interruption of these products and services as a result of any Force Majeure, and the User must indemnify the Company for any failure on the end User’s part to comply with the Terms and conditions set forth.

PAYMENT AND FEES

• Taxes – It shall be the sole responsibility of the end User, to pay the necessary taxes and duties associated with the use and or purchase of the products and services from the Company, regardless of the national or international authority who applies the tariff.

TERM AND TERMINATION

• Termination – The Company shall exclusively reserve the right to suspend access to, or otherwise terminate any account for any violation, real or perceived, of the Terms and Conditions set forth herewith. • Effect of Termination – In the event of a termination of account, the end User will no longer have any access to the products and services of the Company; but, that said termination will have no effect to any rights that existed prior to said termination.

CONFIDENTIALITY

Both the end User as well as the Company, agrees to maintain the level of confidentiality as prescribed by law, with respect to any Confidential Information entrusted to either party for the use and/or access to the products and services of the Company.

THIRD PARTY INFORMATION OR LINKS

At time, the Company may provide links to another website, at its sole discretion, which may or may not be operated by the Company. However, the end User shall indemnify the Company with respect to any liabilities that may arise through the following of these links to any third party website.

DISCLAIMERS OF WARRANTIES / STATEMENTS

The use and/or access to the products and services offered by the Company are deemed to be at the end Users’ own risk. That is, these products and services are offered under an “as available” or “as is” manner, without any warranties, whether express or implied. At no point shall the Company make any statement with regards to the security, completeness, reliability or accuracy of the products and services offered by the Company, and the end User shall indemnify the Company of any liability associated with their personal belief that any warrantee or other form of guarantee exists, with regards to the products and services of the Company.

LIABILITY LIMITATION

At no time should the indemnification of the company with respect to any liabilities defined under the law, caused by the negligence of the Company.

INDIVIDUAL WEBSITE USER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY

The end User as well as any third party shall indemnify the Company, its officers and employees, authors and licensors for any loss, both consequentially and indirectly, as a result of the use of the company products or services, that may be unforeseeable, which includes but is not limited to the revenue, profit or savings losses, detrimental effects on business or the loss of any data.

INDEMNITY

The end User agrees to indemnify the Company, its officers, licensors and authors from any damages, expenses or losses resulting out of any breach of these Terms and Conditions, and likewise agrees to compensate the Company for any losses resulting out of the need to defend itself, its officers, licensors or authors from any claim resulting out of the sure of the products and services of the Company.

SURVIVAL

In the event that a competent body deems part of these terms invalid, the remaining provisions of these Terms and Conditions shall survives, including, but not limited to, intellectual property rights, confidentialities, payment of regular fees or indemnifications. That these terms shall be deemed to survive beyond the termination of the service.

CHANGES

The Company exclusively reserves the right to change, delete and or modify these Terms in any manner allowable under the law, without the express written consent of the end User, and in the event that any modifications are made to these Terms, the Company shall notify the end User of said changes. The changes shall take effect immediately upon their posting, and the end Users’ continue use of the products or services shall be deems an acceptance of these modifications.

ASSIGNMENT

The end User agrees not to transfer any rights or obligations defined under these Terms to any other party, in part or in whole. The Company however, reserves the right to transfer or otherwise subcontract any or all of the obligations set herein, without the consent of the end User.

INJUNCTIONS

The end User agrees that he or she will not breach the obligation of confidentiality or intellectual property rights associated with the use of the products and services of the Company, and acknowledges the right of the Company to seek an injunction against the User from performing any action which may directly or indirectly violate these Terms.

GOVERNING LAW AND VENUE

The Terms set forth herewith, shall be governed exclusively under the applicable laws of South Australia, without any regards to any conflicts that may arise between the applicable laws of the end User’s locality. Further, the end User agrees accepts that any and all actions arising from the use of the products or services of the Company shall be handled exclusively by the courts of South Australia. However, providing that the end User resides in a member country of the European Union, he or she may initiate proceedings in their country of residence.

NOTICES

Legal notices may be sent to:

KonTech Australia Pty Ltd
℅ 12/116 Melbourne Street
North Adelaide
South Australia 5006
Phone: +61418848664
Email: support@easylearnlive.com

Any notices intended for the end User will be sent by the company to the User’s address of record, or to the email address as submitted by the User upon registration. The Company also reserves the right to broadcast notices to the end users through the website, in accordance with the applicable laws. These notices shall be deemed to have been delivered on the date sent electronically, three (3) days after the notice is posted on the Company website, or five (5) days after the same has been mailed through any postal or expediting service.

FORCE MAJEURE

The Company cannot be held liable for any interruption of services, or any delay or failure to perform, which is as a result of an act that is beyond the control of the Company. Acts which constitute a Force Majeure, include but are not limited to any acts of God, third party failures, labour disputes, terrorist attacks, changes in the laws governing the Company, or damages to the infrastructure necessary for the transmission of these services and/or products.

PRIVACY POLICY AND WEBSITE USE POLICY

The end User agrees to faithfully comply with the Privacy Policy and Use Policy of the Website, upon the creation of their respective accounts, and shall be deemed to have agreed to any changes and/or modifications made by the Company, in the event that they continue to use the products or services of the company after having been given due notice of the changes in these policies by the Company. The end User also acknowledges, that the Company may use third-party services outside of the European Economic Area (EEA) to fulfil its obligations, and the end User shall indemnify the Company with regard to any conflicts arising from the policies of the said third parties.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)

Under the Laws of the United States, any end User under the age of thirteen (13), shall be required to obtain the permission of their parent or guardian prior to the use of the products and services offered by the Company. As the parent or guardian of the end User, you shall hereby express your consent to the continued use of the products and services of the Company, which may include, but is not limited to social media and other community related features of the Company. Continued use by the minor shall be deemed as an approval by the parent or guardian.

NO THIRD PARTY BENEFICIARIES

At no time shall any party to these Terms be considered a third party beneficiary.

SEVERABILITY.

In the event that any provision of these Terms is deemed by a competent body to be contrary to the applicable laws, then the remaining Terms shall be in full effect. The Company reserves the right to change said provision to comply with the law when possible,

WAIVER AND AMENDMENT.

At no time should any failure on the part of the Company, to strictly enforce the terms and Conditions, be construed as any form of waiver on the part of the Company with regards to the affected provisions contained herein. Only waivers, which are expressly written shall be deemed valid

COMPLETE UNDERSTANDING.

Under these Terms and in relation to the Privacy Policy and policy regarding the use of the website of the Company, the end User agrees that they understand and accept the obligations, and that these Terms supersede and agreement, representation or warrantee, regardless of whether it is written or implied.