Terms and Conditiions

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Terms and Conditions

1. Terms of Use

1.1 These terms and conditions (“Terms of Use”) apply to your use of Enabler Interactive Pty Ltd’s (ACN 617 311 798) (“Enabler Interactive”, “we”, “us” or “our”) digital platform (“Platform”). The Platform is comprised of the website located at www.enablerinteractive.com (“Site”) and the proprietary Device application developed, owned and operated by us, available for download on the iOS and Android app stores (“App”).

1.2 These Terms of Use are deemed to incorporate the Platform’s Privacy Policy which explains how we collect, use and disclose or otherwise handle your personal information (“Privacy Policy”). Our Privacy Policy is available at https://www.enablerinteractive.com/privacypolicy, and should be read together with these Terms of Use.

1.3 By browsing, accessing or using the Platform, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms of Use and any additional terms and conditions notified to you from time to time. If you do not agree with these Terms of Use, you must not browse, access or use the Platform and must immediately exit the Platform.

1.4 These Terms of Use form a legally binding agreement between Enabler Interactive and you (or your parent or guardian to the extent your parent or guardian has read and accepted these Terms of Use in accordance with clause 6.3).

2. Interpretation

2.1 In these Terms of Use:

“Device” means any device capable of sending, receiving and/or displaying data or a telecommunications signals including mobile phones, smartwatches, GPS devices and tablet computers;

“Intellectual Property” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered (including, without limitation, processes, technology, patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software , domain names or URLs, trade secrets and confidential information.

“Material” means the entire contents and design subsisting in, relating to or arising out of the Platform, and available through or in connection with the Platform, including any information, data, source codes, drawings, content, graphics, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, within the modules or otherwise displayed, uploaded or published on, or via, the Platform.

“Platform” has the meaning in clause 1.1.

“Terms of Use” has the meaning in clause 1.1.

“you" or "your" means the person or entity accessing, using or relying upon the Platform.

2.2 Any reference in these Terms of Use to the singular includes the plural, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms of Use unless otherwise specified.

3. Platform Use

3.1 You warrant and represent that your access to, or use of, the Platform is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3.2 To access certain content on the Platform, such as modules, you must first become a member of the Platform. To become a member of the Platform you must open a membership account with us (“Account”) by providing your name, address, telephone number, a valid email address and nominate a password (“Password”). Registration is free. If you do not provide accurate and complete details we may not be able to activate your membership and provide you with complete access to the Platform. You agree to keep your Account and membership details current at all times by updating these details via your Account on the Platform or by contacting us at contact@enablerinteractive.com.

3.3 You will receive an email confirming registration with us shortly after you have created your Account via the Platform.

3.4 You may not use one email address to register for multiple Accounts.

3.5 You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account and you acknowledge that we are not responsible for any issues arising from or relating to your Account due to a failure by you to protect your username and/or password.

3.6 We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Platform (temporarily or permanently) where you have breached these Terms of Use or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Platform, your Account details or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Platform. Further, we may, for any reason, at any time and without notice to you, withdraw the Platform, or change or remove Platform functionality.

307 The Platform may contain links to third party websites. Any links to such websites provided on the Platform are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to the Platform. You acknowledge and agree we are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, you acknowledge and agree we are not to be responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

3.8 You acknowledge that certain information or data contained within the Platform may be personal and sensitive Intellectual Property.

3.9 Unless otherwise expressly stipulated in these Terms of Use, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Platform.

3.10 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Platform does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. Subject to clause 10, we accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Platform.

4. System Requirements

4.1 Use of the Platform requires a Device that is compatible with the Platform and internet access. You acknowledge and agree that your ability to use the Platform may be affected by the performance of such factors and you are solely responsible for your own Device and internet access.

5. Prohibited Use

5.1You may not use the Platform other than for its intended purpose.

5.2 You agree that you will not engage in any activity that interferes with or disrupts the Platform or the servers and networks that host the Platform, including submitting, posting, uploading, emailing or otherwise transmitting to the Platform or any user of the Platform anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Platform.

5.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Platform.

5.4 When using the Platform, you must not:

(a) infringe any Intellectual Property of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

(b) reproduce any Material without our express written permission, which we may grant or withhold at our absolute discretion;

(c) seek reimbursement from any other party for access to the Platform or any on-sell any information obtained from the Platform; or

(d) engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person when using the Platform, conduct yourself in an offensive manner while using the Platform, or use the Platform for any illegal, immoral or harmful purpose.

6. Legal Capacity

6.1 You must be eighteen (18) years of age or over to register as a member of the Platform or to access the Platform. If you are under the age of 18 years (“Minor”), you must immediately cease accessing and using the Platform unless you have permission from a parent or guardian to create an Account in accordance with clause 6.3 of these Terms of Use.

6.2 Your continued use of the Platform is an acknowledgement by you that:

(a) you are over the age of eighteen (18) years, or have obtained the relevant permission from a parent or guardian to create an Account;

(b) you accept these Terms of Use and agree that you have entered into a binding legal contract with us in relation to these Terms of Use.

6.3 If you are a parent or guardian permitting a Minor to create an Account, you agree to be legally bound by the Terms of Use and to:

(a) exercise supervision over the Minor's use of the Platform;

(b) assume all risks associated with use of the Platform as outlined in these Terms of Use;

(c) ensure that all content and information that the Minor may encounter on the Platform is suitable and appropriate for the Minor;

(d) assume all liabilities resulting from the Minor's use of our website and their Account;

(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(f) provide the consents contained in these Terms of Use on behalf of the Minor.

6.4 We may, at any time, request written confirmation from a parent or guardian that a Minor has permission to access and use the Platform.

6.5 We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, the use of the Platform by a Minor.

7. Intellectual Property

7.1 You acknowledge and agree that:

(a) we (or our content providers’ or license providers’) retain all legal and economic ownership of rights, title and interest in and to the Platform and Material;

(b) these Terms of Use do not transfer any of our (or our content providers’ or license providers’) legal or economic ownership of rights, title or interest in the Material or Intellectual Property.

(c) you must not use the Intellectual Property contained on the Platform or in the Material in any manner other than as permitted under these Terms of Use;

(d) you must not do anything, or omit to do anything, which may infringe our (or our content providers’ or license providers’) Intellectual Property.

7.2 We reserve all rights in relation to our Intellectual Property.

7.3 You may access and use the Platform (including Intellectual Property contained therein) for your personal and non-commercial use only. Your personal use includes the limited distribution and transmission of Materials contained within the Platform to employees of your organisation. You must not in any form or by any means reproduce, communicate, modify, distribute, store, transmit, publish, post, frame, duplicate, use or display the Material on another website or create derivative works from any part of the Platform or the Material or commercialise any information obtained from any part of the Platform or Material without our prior written consent which may be withheld in our absolute discretion.

7.4 You agree not to use any data mining, robots or similar data gathering extraction methods in connection with the Platform.

7.5 You agree that you will not modify or copy the layout or appearance of the Platform nor any computer software or code contained in the Platform, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Platform.

8. Linking to the Platform

8.1 You may link to the Platform if:

(a) You have purchased training from the Enabler Platform and the link is for the purposes of distributing Enabler training to employees or your organisation ; or

(b) You have obtained written consent from us.

8.2 Subject to clause 8.1(b), you must not establish any connection or link in such any way to suggest any form of association, approval or endorsement on our part where none exists.

8.3 You must not establish a link to the Platform from any website that is not owned by you.

8.4 Subject to clause 8.1(b), the Platform must not be framed on any other website, and you must not create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission at any time without notice to you.

9 Indemnity

9.1 You agree to indemnify us (and our officers, directors, employers or contractors) (collectively, the “Indemnified”) and to keep indemnified the Indemnified and hold harmless from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with:

(a) any breach by you of these Terms of Use or any other contractual promises to us;

(b) misuse of the Platform;

(d) negligence, fraud or misconduct by you, your contractors, employees, directors, officers or affiliates; or

(e) a breach of your contractual promises to a third party.

10 Liability

10.1 We will not be liable to you for any kind or loss or damage arising out of, or in connection with, access and/or use of the Material or the Platform, including:

(a) any viruses or other malicious software that may affect you while you use the Platform or for any faults, failures, or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including transactions) made using the Platform;

(b) any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill).

10.2 We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability of the Platform, or any other delay or failure to comply with these Terms of Use, that is caused by or arises from any event or circumstances beyond our control.

10.3 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.

10.4 Nothing in these Terms of Use is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (“Non-excludable Rights”).

10.5 Except for liability in relation to breach of any Non-excludable Rights and liability under clause 10.6, our total maximum liability to you in contract, tort (including negligence), statute or otherwise, is limited to one thousand Australian dollars (AUD $1,000).

10.6 To the maximum extent permitted by law, our liability for breach of any Non-Excludable Right is limited to:

(a) replacement or refund for major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or

(b) replacement or repair if the goods or services fail to be or an acceptable quality and the failure does not amount to a major failure.

11 Privacy

11.1 We gather personal information about our Customers for the purposes of:

(a) marketing, supplying or delivering our Platform to you;

(b) carrying out repair work (both in and out of warranty repairs) in relation to our Platform;

(d) improving the practices and procedures that underpin our business, in accordance with the terms set out in our Privacy Policy.

11.2 We are committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

12 General

12.1 We reserve the right to make changes to these Terms of Use at any time and will take reasonable steps to bring any material changes to your attention such as by posting the amendments on the Platform. As you will be bound by any amendment to the Terms of Use, you should review these Terms of Use from time to time. By continuing to use the Platform after any amendment to the Terms of Use, you will be deemed to have accepted the amended Terms of Use. If any change has a detrimental effect on you, you may cease accessing the Platform.

12.2 Although we do our best to provide the most up-to-date information on the Platform as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

12.3 Any provision of these Terms of Use which is void or unenforceable may be severed from these Terms of Use without affecting the enforceability of other provisions.

12.4 A failure or delay by us to exercise a power or right under these Terms of Use does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

12.5 These Terms of Use are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State. We make no representation that the Material or Platform complies with the laws (including any laws relating to Intellectual Property) of any country outside Australia. If you access the Platform from outside of Australia, you do so at your own risk and are responsible for ensuring that your access or use of the Platform is not illegal or prohibited by any laws which apply to you.

12.6 These Terms of Use together with any additional terms (for the avoidance of doubt, these Terms of Use are deemed to incorporate the Privacy Policy in accordance with clause 1.2) set out on the Platform, constitute the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties, and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Last Updated on: 28 February 2024