Terms & Conditions
1. About the Website
1.1. Welcome to https://localconverta.com.au (the ‘Website‘). The Website provides digital marketing services (the ‘Services‘).
1.2. The Website is operated by Local Converta (ABN 89 944 895 319) . Access to and use of the Website, or any of its associated Products or Services, is provided by Local Converta. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Local Converta reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Local Converta updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You can also accept the Terms by making a payment for the services.
3.1. Where the option is given to you, you may make payment (the “Service Fee’) for the service by way of:
(a) Electronic funds transfer(‘ EFT‘) into our nominated bank account
(b) Credit Card Payment (‘Credit Card‘)
(c) Direct Debit (‘Direct Debit‘)
3.2. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
3.3. You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee .
3.4. You agree and acknowledge that Local Converta can vary the Service Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Contract Period.
4. Refund Policy
Local Converta will only provide you with a refund (the ‘Refund’) of the Service Fee in the event they are unable to continue to provide the Services or if Local Converta makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Service Fee that remains not utilised by the Client.
5. Copyright and Intellectual Property
5.1. The Website, the Services and all of the related products of Local Converta are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Local Converta.
5.2. Local Converta does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Local Converta.
5.3. Local Converta retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, copyright, or
(b) a right to use or exploit a business name, trading name, domain name, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Local Converta will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the associated parties with Local Converta make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Local Converta) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Local Converta; and
(d) the Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
8.1. Local Converta’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
8.2. You expressly understand and agree that Local Converta and associated parties shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9. Termination of Contract
9.1. The Terms will continue to apply until terminated by either you or by Local Converta as set out below.
9.2. If you want to terminate the Terms, you may do so by:
(a) providing Local Converta with 30 days’ notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Local Converta has made this option available to you.
Your notice should be sent, in writing, to Local Converta via email (email@example.com).
9.3. Local Converta may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Local Converta is required to do so by law;
(c) the provision of the Services to you by Local Converta is, in the opinion of Local Converta, no longer commercially viable.
9.4. Subject to local applicable laws, Local Converta reserves the right to discontinue or cancel your ongoing Service Fee at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Local Converta’s name or reputation or violates the rights of those of another party.
10.1. You agree to indemnify Local Converta and associated parties from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
11. Venue and Jurisdiction
The Services offered by Local Converta is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
12. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Local Converta is not Google, Google Adwords or Facebook. Any reference to these brands on the website is for information purposes only and any relevant trademarks are owned by their respective owners.