Please read these ConversionWise Terms and Conditions carefully because they contain important information about your use of ConversionWise, your legal rights and obligations, liabilities, and limitations. If you do not agree with one or more provisions of these Terms, please do not use ConversionWise.
1. GENERAL INFORMATION
1.1 These ConversionWise Terms and Conditions (the “Terms”) govern the access and use of the website https://conversionwise.com (the “Website”), the content made available through the Website, and the related services (collectively, “ConversionWise”) by an individual user or a business entity (“you” or “your”). The Terms constitute a legally binding agreement between the you and the operator of ConversionWise, namely, ConversionWise Ltd having a business address at Kestrel Court, Harbour Road Portishead, North, Somerset, BS20 7AN, the United Kingdom (“we”, “us”, or “our”).
1.2 About ConversionWise. ConversionWise provides information, educational courses, downloads, and tools in the field of website design, development, and consultancy, as well as agency solutions, customisable Shopify themes, and audit and other services for business and individuals (collectively, the “Products and Services”).
1.3 Third parties. These Terms apply to your use of ConversionWise only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, the content uploaded and published by third parties on ConversionWise, and security and privacy practices deployed by the operators of third-party websites, applications, and services.
1.4 License to use ConversionWise. We grant you a personal, revocable, non-exclusive, non-transferable, worldwide, and limited license to use ConversionWise pursuant to these Terms.
1.5 Minors. ConversionWise should not be accessed and used by persons under the age of 18. If a person under the age of 18 would like to use ConversionWise, a parent or legal guardian should contact us and provide parental consent.
1.6 Support. Any requests for customer or technical support should be addressed to us by email [email protected] We will respond to support enquiries without undue delay but no later than 3 business days.
2.1 The information provided on ConversionWise is intended for personal informational and educational purposes only. It is your responsibility to research the accuracy, completeness, and usefulness of the Products and Services and other information that can found on ConversionWise.
2.2 We assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction that you take on the basis of the information found on or linked to ConversionWise.
2.3 No information, including testimonials, presented on ConversionWise constitutes a warranty, guarantee, or prediction regarding the outcome using ConversionWise.
2.4 Although we regularly monitor the information available on ConversionWise, we do not guarantee the truthfulness, reliability, currency, relevance, and completeness of all information available on ConversionWise
3. THE USER ACCOUNT
3.1 Registration of the User Account. In order to access the full functionality of ConversionWise, including the Products and Services, you must register a user account (the “User Account”). We reserve the right, at our sole discretion, to refuse to register any User Account for any reason. By registering your User Account, you acknowledge, agree and warrant that:
- You are a human and not a machine (User Accounts that are registered by machines, bots, and other automated methods are not permitted);
- You can conclude legally binding contracts with us;
- You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of ConversionWise;
- You will provide only true, accurate, complete, and up-to-date personal data;
- You will register no more than one User Account; and
- You will be solely responsible for all information and activities that occur under your User Account.
3.3 Security of the User Account. You are solely responsible for maintaining the confidentiality of your User Account, including handling your login details and passwords in a secure manner. You further agree to immediately notify us about any allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are responsible for using secure Internet connection and protected networks when accessing ConversionWise. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
3.4 Deactivation of the User Account. At any time, you may deactivate your User Account. Upon deactivation of the Account, these Terms shall terminate.
3.5 Suspension and termination of the User Account. We reserve the right to suspend or terminate your User Account if, at our sole discretion, we have grounds to believe that your use of ConversionWise seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.
3.6 Assignment of the Account. You are not allowed to assign your rights under these Terms and your User Account is not transferable.
3.7 Authorisation. If you act on behalf of a business entity in accepting these Terms or registering the User Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the User Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorisation.
4. FEES, PAYMENTS, AND REFUNDS
4.1 The Fees. A part of the Products and Services are subject to the applicable fees (the “Fees”) payable on a subscription basis or as on-off payments. The schedule of the Fees is made available on ConversionWise or communicated to you personally. Unless indicated otherwise, the Fees include applicable sales tax. By ordering the paid Products and Services, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the contract is concluded. The Fees remain valid for as long as they are indicated on ConversionWise or communicated by us. The Fees are subject to a change with a notice to you (if you hold an active service contract with us) or without a notice to you (if you do not hold an active service contract with us).
4.2 Subscriptions. By concluding a subscription agreement with us, you agree to pay the Fees in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment the service agreement is concluded. You hereby acknowledge and agree that: (i) you will pay the Fees for each billing cycle; (ii) the Fees are billed at the beginning of each billing cycle as automatic recurring payments; (iii) we will automatically renew the subscription plan based on its renewal cycle and automatically charge your payment method, unless you cancel your subscription prior to the expiration of then-current subscription term. If we cannot charge your payment method, your access to the purchased Products and Services shall automatically terminate. All information about the Fees paid by you, invoices, billing cycles, and payment plans is available through your User Account.
4.3 Cancellation of subscription. Your subscription must be cancelled at least 7 calendar days prior to expiration of the then-current billing period through your User Account to avoid automatic renewal and charge. If you cancel your subscription plan later, the cancellation will not be guaranteed. Your inactivity on Conversion Wise does not substitute your request for the cancellation of your subscription.
4.4 Payment. All payments related to ConversionWise are processed by our third-party payment processor Stripe (“Stripe”). Stripe may collect some personal data from you, such as your name, credit card number, and billing address, which will allow them to process your payments. Stripe handles all steps in the payment process through its systems, including data collection and data processing, subject to its individual terms and policies. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or Stripe refused the payment for any other reason.
4.5 Invoices. The invoices for any Fees paid are sent to you upon confirmation of your order or shortly thereafter.
4.6 Steps to conclude a contract. If you would like to conclude a paid contract with us, you need to: (i) visit the website of ConversionWise; (ii) choose the Products and Services that you would like to buy; (iii) add the chosen Products and Services to your cart and click on ‘checkout’, and (iv) provide the required personal data and payment information. You will be able to identify and correct any input errors prior to completing the payment. After your payment is completed, we will send a confirmatory email informing you about your purchase. By completing the payment and receiving a confirmatory email, you conclude a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your purchase, you can contact us directly.
4.7 Right of withdrawal. If you use ConversionWise as a consumer, you may withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless (i) the provision of our services was completed by us or (ii) you are using free Products and Services. If you are entitled to exercise your right of withdrawal and you would like to do so, you must inform us of your decision to withdraw from the contract by email at [email protected] You can use the model withdrawal form provided at the end of these Terms, but it is not necessary – you can formulate the request in your own words. If you have already used the Products and Services before exercising your right of withdrawal, we reserve the right to refund partial Fees representing the unused Products and Services. We will refund all or partial Fees by using the same payment method that you used for paying the Fees. If you act as a business, trader, or use ConversionWise for professional purposes, you are not entitled to exercise your right of withdrawal.
4.8 Refunds. We issue refunds for the Products and Services purchased by you in the following cases:
- If you purchase an education course, we give you a 365 days money back guarantee if you are not satisfied with the course, provided that (i) you have taken the full course (trackable through Podia) and (ii) you have submitted to us your URL for which changes have been made on the basis of the information provided in the course.
- If you purchase a customisable Shopify theme, we give you a 14 days money back guarantee.
- If you purchase agency services, the refunds issued for such services shall be governed by a separate service contract concluded between you and us.
4.9 No refunds. We reserve the right, at our sole discretion, not to hone your requests for refunds if:
- The Products and Services are made to your specifications or are customised;
- The Products and Services have been damaged or altered;
- We have evidence demonstrating that you have used or are using the Products and Services; and
- We have a reason to believe that your refund request is abusive.
4.10 Faulty Products and Services. If you find that the received Products and Services are faulty, you can, within 14 days from the receipt of the Products and Services, contact us and:
- Request a remake of the Products and Services;
- Request a refund as described above;
- Request a reduction of the Fees; or
- Request to replace the Products and Services with the same non-faulty Products and Services or similar Products and Services.
4.11 Delivery of the Products and Services. The Products and Services are delivered digitally (e.g., by granting access rights). For example:
- If you purchase a customisable Shopify theme, you will receive a license key that will allow you to retrieve the theme
- If you purchase an online course, you will get access rights to the course hosted on Podia. After successful completion of each course, you will be entitled to send us the URL of your website for a free-of-charge audit.
You may submit your feedback (e.g., creative ideas, suggestions, proposals, plans, or other materials) about the Products and Services to us by email or other means. You hereby agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium your Feedback. We are and shall be under no obligation: (i) to maintain any feedback in confidence; (ii) to pay compensation for the feedback; or (iii) to respond to the feedback.
6. THIRD-PARTY LINKS
ConversionWise may contain links to websites and services that are owned, operated and controlled by third parties. Please be aware that we are not responsible for any business or security practices employed by such third parties. We encourage you to be aware when you leave ConversionWise and ask you to assess carefully each and every website or service that you access.
7. PROHIBITED USE
7.1 When using ConversionWise, you are required to follow our guidelines outlined in this section 7. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
7.2 You are not permitted to use ConversionWise in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Sharing content that depicts or incites others to commit acts of violence or may result in injuries, physical harm, and emotional distress;
- Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening ConversionWise;
- Interfering with or abusing other users of ConversionWise;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about the users of ConversionWise.
7.3 Reporting inappropriate content. If you think that some of the content available on ConversionWise is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email at [email protected]
8. INTELLECTUAL PROPERTY
8.1 Our Content. Most of the content made available on ConversionWise is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, logos, photos, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. These Terms do not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain solely with us or respective third-party proprietors.
8.2 You are not allowed, without obtaining prior written authorisation from us, to:
- Distribute Our Content;
- Copy Our Content;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
- Rent, loan, use, lease or attempt to grant other rights to Our Content to third parties.
8.3 The ConversionWise brand. You may not use the ConversionWise brand, the word or figurative trademarks associated with ConversionWise or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
8.4 Third-party intellectual property. Some of the trademarks and other intellectual property featured on ConversionWise may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors. You agree not to violate such third-party property.
8.5 Copyright infringement claims. If you have any grounds to believe that any content made available through ConversionWise violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
9. USER-GENERATED CONTENT
9.1 You may submit comments under the blog posts available on ConversionWise, reviews of the Products and Services, and commentary, if the functionality of ConversionWise allows it (the “Comments”). Please note that your Comments may become publicly available. Therefore, you must: (i) exercise your due diligence when submitting the Comments; (ii) not to make publicly available any sensitive information; and (iii) make sure that, by submitting the Comments, you comply with these Terms and any applicable laws.
9.2 By submitting the Comments, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Comments for the purposes of carrying our legitimate business interests.
9.3 You understand and agree that, in order to ensure the security of ConversionWise, we may, but have no obligation to, monitor or review the Comments. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Comments, in whole or in part, that violate these Terms or may harm the reputation of ConversionWise. However, you remain solely responsible for your Comments.
9.4 You are not allowed to make publicly available personal data of persons who have not provided you with their prior authorisation or consent to share that personal data (e.g., you cannot publish name and contact details of a person who has not allowed you to do so) through the Comments.
9.5 The Comments include your personal views and recommendations. The Comments do not reflect our views, recommendations, endorsement, or any commitments related thereto.
10. DISCLAIMER OF WARRANTIES
10.1 You agree that your use of ConversionWise is solely at your own risk. You agree that ConversionWise is provided on an “as is” and “as available” basis and we hereby expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10.2 We make no warranty that ConversionWise will meet your requirements or that ConversionWise will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of ConversionWise or as to the accuracy or reliability of any information obtained through ConversionWise or that defects in ConversionWise will be corrected.
11. LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by applicable law, in no event will we, our affiliates, founders, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages, including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages.
11.2 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section 11 may not apply to you.
11.3 By using ConversionWise, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of such third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
12.1 We put reasonable efforts to ensure that ConversionWise is always accessible. However, the availability of ConversionWise may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply; and breakdowns. We take no responsibility for the unavailability of ConversionWise caused by such factors. If you encounter problems while using ConversionWise, please contact us immediately.
12.2 We reserve the right, at our sole discretion, to change, modify, suspend, or discontinue any aspect of ConversionWise and any services provided through it at any time, including ConversionWise’s technical features, content, databases, availability, and specifications of the required equipment. We may also impose limits on certain features of ConversionWise or restrict your access to parts or all of ConversionWise without notice or liability.
You agree to indemnify and hold us and our affiliates, founders, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of ConversionWise or any wilful misconduct on your part.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 The formation, interpretation, and performance of these Terms and any disputes arising out of the Terms shall be governed by the substantive and procedural laws of England and Wales, without regard to its rules on conflicts or choice of law.
15.2 The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Bristol, the United Kingdom.
15.3 Nothing herein prevents you or us from seeking any interim injunction that is deemed necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
16.1 You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, which shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
16.2 We reserve the right to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
17. TERM AND TERMINATION
17.1 Term. These Terms enter into force on the effective date indicated at the top of the Terms and remain in force until terminated by us or you stop using ConversionWise. We reserve the right, at our sole discretion, to terminate the Terms and provision of ConversionWise at any time by informing you, if relevant. Your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using ConversionWise.
17.2 Breach of the Terms. If we believe, at our sole discretion, that you have violated these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send you a formal warning;
- Temporarily or permanently prohibit your access to ConversionWise;
- Temporarily or permanently prohibit your access to the Products and Services;
- Report you to law enforcement authorities; or
- Commence a legal action against you.
17.3 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or we sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
18. CHANGES AND AMENDMENTS
18.1 We reserve the right to modify these Terms, ConversionWise policies, the Products and Services, any content available on ConversionWise, and our business practices (including marketing policies) at any time.
18.2 Any amendment to these Terms shall be effective upon posting of an updated version of these Terms on ConversionWise and sending you a notification (if we have your email address).
18.3 Your continued use of ConversionWise after any changes shall substitute your consent to such changes. If you do not agree with one or more provisions of the updated Terms, you are requested to stop using ConversionWise.
If you have any questions, suggestions, or concerns about these Terms or your use of ConversionWise, please feel free to contact us.
Email: [email protected]
Postal address for communication: ConversionWise Ltd, Kestrel Court, Harbour Road Portishead, North, Somerset, BS20 7AN, the United Kingdom
MODEL WITHDRAWAL FORM
You may use the following withdrawal form to exercise your right of withdrawal described in section 4.7 of the Terms.
|To: ConversionWise LtdEmail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following services (*): ____________________________ Ordered on (*)/received on (*): ____________________________ Name of consumer(s): ____________________________Address of consumer(s): ____________________________Signature of consumer(s) (only if this form is notified on paper): ____________________________ Date: ____________________________ *Delete as appropriate.