When you download En Masse software or access our website or internet web site you agree to these terms and conditions.
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.
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 Privacy and Sensitive Information
1.10.1 We respect your privacy
En Masse Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
"Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.10.2 What personal information is collected
En Masse Pty Ltd will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.
1.10.3 How we collect your personal information
1.10.4 How we use your personal information
En Masse Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
En Masse Pty Ltd will use personal information only for the purposes that you consent to. This may include to:
(a) provide you with products and services during the usual course of our business activities;
(b) administer our business activities;
(c) manage, research and develop our products and services;
(d) provide you with information about our products and services;
(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(f) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
1.10.5 Disclosure of your personal information
1.10.6 General Data Protection Regulation (GDPR) for the European Union (EU)
En Masse Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
1.10.7 Your rights under the GDPR
If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. En Masse Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU.
Except as otherwise provided in the GDPR, you have the following rights:
(a) to be informed how your personal information is being used;
(b) access your personal information (we will provide you with a free copy of it);
(c) to correct your personal information if it is inaccurate or incomplete;
(d) to delete your personal information (also known as "the right to be forgotten");
(e) to restrict processing of your personal information;
(f) to retain and reuse your personal information for your own purposes;
(g) to object to your personal information being used; and
(h) to object against automated decision making and profiling.
We may ask you to verify your identity before acting on any of your requests.
1.10.8 Hosting and International Data Transfers
Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.
We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from En Masse Pty Ltd's Data Protection Officer.
The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from En Masse Pty Ltd's Data Protection Officer.
Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from En Masse Pty Ltd's Data Protection Officer.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
1.10.9 Security of your personal information
En Masse Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
1.10.10 Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at email@example.com.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
1.10.11 Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to firstname.lastname@example.org. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
When you visit our website
When you come to our website (www.enmasse.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that En Masse Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every
website that collects personal identifiable information.
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.