When you download En Masse software or access our website or internet web site you agree to these terms and conditions.
We focus on delivering sustainable behaviour change outcomes across the full spectrum of workplace behaviours, mental health and wellbeing. We use a variety of online and face-to-face applications to help deliver this. Our unique 6-step framework for building resilience – UCOPEA™ – is one of the practical ways that we can help your team along its pathway to optimal mental health outcomes. In addition, we’ll help you demonstrate a strong return on your wellbeing program investment.
Disclaimer, legal notices and acceptable use policy
Access to and use of this website is provided by En Masse Pty Ltd (ABN 31 142 435 532) (En Masse, we, us or our) on the following conditions and any other directions or rules of use on this web site ("Terms"). If you access this web site (other than to read these Terms for the first time), you agree to these Terms.
We reserve the right to change the Terms at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the web site after changes are posted, you are taken to have accepted such changes.
- Disclaimers, liability limitation and indemnity
- Copyright and intellectual property notices
- User conduct
- Applicable law
1. Disclaimers, liability limitation and indemnity
1.1 General disclaimers
Use of this website is at your risk. None of En Masse, its affiliates nor any of their respective employees, agents, third party content providers nor licensors 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 this web site, its use, its content or any products or services (including our products or services) referred to in this website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1.1.1 Your reliance on the completeness, accuracy, suitability or currency of the website or its content. For example, all results from the calculators are simulations, which are indicative approximations only and are neither a quote nor a pre-qualification for cover. They are not binding on us.
1.1.2 Failure of, or delay in, the performance, operation or transmission of this website or data on or through this website, a computer virus or other harmful component, a loss of data, a communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
1.1.3 Accessing any web sites, applications or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only, and we do not accept responsibility for the content or operation of those web sites or applications. Unless otherwise stated, we do not endorse linked web sites or their products and services. You link to any such web site at your own risk.
1.1.4 Defamatory, threatening, offensive or unlawful conduct of third parties.
1.2 No advice given
The resources provided on this website are not a substitute for the advice of your personal physician or other qualified healthcare professional. The mention of specific products or services on this web site does not constitute or imply a recommendation or endorsement by En Masse unless it is specifically stated.
1.3 Warranty disclaimer
En Masse provides the information on this website. This website and its content and web site-related services are provided "as is", with all faults, and with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You assume total responsibility and risk for your use of this website, web site-related services, and hyperlinked web sites. No oral or written information or advice given by En Masse, its agents, or its authorised representatives shall create a warranty or in any way increase the scope of this warranty.
En Masse is not liable to any other party for any loss or damage, including direct, consequential, incidental or indirect loss or damage, including loss of profit (whether direct, consequential, incidental or indirect) resulting from a breach of these terms and conditions by En Masse or the negligence of En Masse or its representatives.
1.4 Limitation of our liability (if any) to you
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to: In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us ("Our Loss") as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches of third parties' intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this En Masse.
1.6 Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
1.7 Information on this web site
The materials on this web site are provided "as is" and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law. En Masse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
En Masse makes no claim or representation as to the accuracy of the content contained on this website. En Masse does not accept liability to any person for the information or advice provided on this web site including or incorporated into it by reference. En Masse does not accept any liability for loss or damages incurred by any person as a result of reliance upon the content of this website, or any other information incorporated by reference.
All information on this website is provided by En Masse on the basis that all persons accessing this web site undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.
1.8 Access, correction, and data integrity
Although we attempt to ensure the integrity and accurateness of the website, we make no guarantees as to its correctness or accuracy. It is possible that the website contains typographical errors, inaccuracies, or other errors, and that unauthorised additions, deletions, and alterations could be made to the website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
1.9 Revisions, changes, and updates
We may revise the information on this website or change or update the website and/or its contents without notice. En Masse may also make improvements and/or changes in products and/or services described in this information or add new features at any time without notice. We encourage you to periodically reread these Terms and Conditions to see if there have been any changes to our policies that may affect you.
1.10 Click-stream data and cookies
A "cookie" is a small text file placed on your computer by a web server when you access a web site. Cookies are frequently used on web sites. Cookies in themselves do not identify the individual user, just the computer used.
- Your server address;
- Your top level domain name;
- The date and time of access to the web site;
- Pages accessed and documents downloaded;
- The previous web site visited; and
- The type of browser software in use.
En Masse uses this information for various purposes including:
- statistical purposes;
- to enable you to access online services; and
- to determine whether you have previously used parts of the web site or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the content and facilities of this web site.
1.11 Privacy and Sensitive Information
We respect and will take all reasonable measures to protect your privacy when you use our website and interact with our company. We want you to feel secure when you interact with us.
This Privacy Statement applies to the enmasse.com.au website and to our software and our affiliates to the extent that they affect or involve the collection, use, disclosure or handling of personal information.
We respect and comply with the requirements of the Privacy Act 1988 and the National Privacy Principles contained in that Act in all of our activities. These include with respect to the collection, use, disclosure and handling of personal information.
In this Privacy Statement, personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
1.11.2 Personal Information We May Collect
Through enmasse.com.au and our website software, we gather personal information indirectly, including through the automatic logging and storing of your internet address when you log on to our website. The use of internet logs is an essential security measure and an accepted legal practice.
We also collect information directly from you including through:
- information you provide through filling out online forms
- information you provide through your participation in online surveys
- from publicly available sources of information
- from your employer where this information has been provided by them as deemed appropriate by them in the course of En Masse conducting business with them
- from any related entities to En Masse
- personal information which you send directly to us, including via our “Contact Us” link. When we collect this type of information, we will notify you as to why we are asking for information and how this information will be used. It is completely up to you whether or not you want to provide it.
1.11.3 Use and Disclosure
We will not use personal information concerning an individual for a purpose other than the primary purpose for which it was collected, unless we or our client has obtained your consent to the use of that information for a secondary use, such as direct marketing. Any personal information collected and/or stored for one client is never used for or disclosed to another client or to any other third party, and we will not identify you in any way to any third party except as required by law.
We may also sell to third parties aggregated, de-identified data.
In some cases we may disclose your information to organisations or people outside Australia, such as in the case of an En Masse employee, partner or contractor being based in other countries including (but not necessarily limited to) Philippines, USA, United Kingdom, New Zealand or India.
1.11.4 Sensitive Personal Data
Sensitive personal data includes personal data treated by a range of human rights based privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent. These categories comprise personal identity numbers, personal data about personality and private life, health including mental health status racial or ethnic origin, nationality, political opinions, membership of political parties or movements, religious, philosophical or other similar beliefs, membership of a trade union or profession or trade association, physical or mental health, genetic code, addictions, sexual life, property matters or criminal record (including information about suspected criminal activities).
By providing us with unsolicited sensitive personal information, you consent to our using the data subject to applicable law as described in this Privacy Statement. Should we be seeking to collect personal sensitive data for the purposes of research and/or surveys, we will not identify you in relation to any third parties except as required by law and will do all things reasonable to protect your privacy.
We may provide at our absolute discretion third parties with de-identified, aggregated data based upon sensitive information collected through our website or website.
1.11.5 Up to Date Information and Accuracy
We will take all reasonable steps to ensure that personal information that it holds is accurate, complete and up-to-date.
1.11.6 Security of Personal Information
We take appropriate steps to maintain the security of your personal information. However, please be aware that the openness of the internet generally and the ability of people to access all sorts of information (hackers) means that by submitting your personal information to us directly or indirectly, we cannot guarantee that your personal information will not be accessed by malicious third parties, however you can be assured we will use reasonable measure to protect our database from such intrusions.
1.11.7 Accessing Your Information
You have a right to know whether we have retained any personal information about you and, if we do, to access your personal information. You can do so by emailing our Privacy Officer on firstname.lastname@example.org
En Masse reserves its right to charge a fee for any particular time consuming or onerous requests, however should such a fee apply, then we will advise you of this before you incur any charges.
2. Copyright and intellectual property notices
2.1 Copyright and trademark notices
We own the intellectual property rights in and to all information, text, material, graphics and advertisements on this web site.
No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
The product names and images on this web site may be trademarks or registered trademarks of ours, our affiliates or third parties (including advertisers, sponsors and customers). The use or misuse of these trademarks, except as expressly authorised, is prohibited. The use by us of a third party trademark on this web site is not intended to indicate any association with, or endorsement by En Masse, of that trademark.
2.2 We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of the web pages, online images (including text, graphics, logos, button icons, video images, audio clips and software), software code and data comprising this web site are owned or controlled, and are reserved, by us. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on this website or expressly authorised in writing by us.
3. User Conduct
For your and other users’ personal safety and protection, on receipt of a complaint or abuse report about your conduct on En Masse, we may investigate your private messages and posts.
You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).
You are authorised to:
- 3.1.1 Download and view content; and
- 3.1.2 Use the software included in this website for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our website or website content for commercial purposes.
Otherwise you are not authorised, without our prior written permission or the permission of any other relevant rights holder, to copy, broadcast, reproduce, republish, store (in any medium), transmit, broadcast, distribute, show or play in public, adapt or change in any way, the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.
3.2 Personal Use
En Masse authorises you to print, copy, reproduce and download materials on this website, subject to the material being used exclusively for personal use, and the material not being modified in any manner.
Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this website may be reproduced without the written permission of En Masse.
If you download material (including software) from this website, the software, including any files, and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by En Masse. You are expressly prohibited from selling, distributing, decompiling, reverse engineering or otherwise dealing with the Software in a like manner.
3.3 Commercial Use
Printing, copying, downloading, reproduction or distribution of material from this website for commercial use is expressly prohibited without En MasseÕs prior written consent.
3.4 General prohibitions
You must not (a) use this website, or any tools offered through this website, in a manner which; or (b) up-load, post, transmit or otherwise make available through this website any material which:
- 3.4.1 Violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
- 3.4.2 Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- 3.4.3 Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- 3.4.4 Restricts or inhibits any other user from using or enjoying this website;
- 3.4.5 Affects the functionality or operation of this website or its servers or the functionality or operation of any users computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
- 3.4.6 Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.
3.5 Co-operation with authorities
We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.
3.6 Disclaimer about others' materials
You acknowledge that any third party materials appearing on this website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
By using this website you agree to these terms and conditions of use.
This agreement is effective from your first use of this website until terminated by you or En Masse. You may only terminate this agreement by unsubscribing to all services provided by En Masse on this website and destroying all materials obtained from this website, all related documentation and all copies and installations thereof, whether made under the terms of this agreement or not.
This agreement will terminate immediately, with notice from En Masse if, in En MasseÕs sole discretion, you fail to comply with any term or provision of these terms and conditions. Upon termination, you must destroy all materials obtained from this website and unsubscribe from all services provided by En Masse on this website.
4. Applicable law
4.1 Victoria law applies
This website (excluding any linked, third party applications) is controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in Victoria, Australia in accordance with laws in force in Victoria. You irrevocably and unconditionally submit to this jurisdiction.
4.2 Unenforceable Terms
If any provision of the Terms is found by a court to be not valid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.
4.3 Website or content may be unlawful outside Australia
We do not warrant that the content of this website complies with the laws of any country outside of Australia. If you access this website from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
4.4 Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this website is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority.
4.5 No offers where illegality arises
Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.