Terms of Use
ENAYBL Terms of Use
This is a web site owned and operated by ENAYBL Pty Ltd (Australian Company Number 663 866 662) (“ENAYBL”) under the domain name “enaybl.com.au” (“ENAYBL Web Site”). Your use of the information, graphics and materials on the ENAYBL Web Site (“Material on this web site”) is governed by these Terms of Use and the Privacy Statement.
In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the ENAYBL Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the ENAYBL Web Site.
Links to other web sites:
The ENAYBL Web Site may contain links to other web sites operated by third parties (“Third Party Web Sites”). ENAYBL does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites (“Third Party Material”).
Subject to any applicable law which cannot be excluded, ENAYBL makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or
- that Third Party Material does not infringe the intellectual property rights of any person. ENAYBL is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.
When you follow a link on the ENAYBL Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.
All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on the ENAYBL Web Site, such offers and statements are made by ENAYBL on behalf of the operator. ENAYBL expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.
ENAYBL may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the ENAYBL Web Site.
Third Party Software:
Unless otherwise indicated software downloads available via links from the ENAYBL Web Site are third party products. These products may be subject to a license agreement between you and the relevant product owner. To the extent permitted by law, ENAYBL accept no liability in respect of such third party products and ENAYBL provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.
ENAYBL Product Information and Supply:
Material on this website may contain general information about ENAYBL products and services. Unless expressly stated otherwise, this information:
- does not constitute an offer or inducement to enter into a legally binding contract; and
- does not form part of the terms and conditions for ENAYBL products and services.
For further information about a particular product or service please complete the e-form on the Contact page.
Warranties
While we have made every effort to ensure that information is free from error, ENAYBL does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice.
ENAYBL recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. ENAYBL does not guarantee that the ENAYBL Web Site or Third Party Web Sites will be free from viruses, or that access to the ENAYBL Web Site or Third Party Web Sites will be uninterrupted.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, no member of ENAYBL is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the ENAYBL Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise. Liability of any member of ENAYBL for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ENAYBL’s option, to:
- the supply of the goods or services again;
- the repair of the goods; or
- the payment of the cost of having the goods or services supplied again or repaired.
Termination
These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the ENAYBL Web Site) and your access to the ENAYBL Web Site may be terminated at any time by ENAYBL; without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by ENAYBL; will survive termination, however, you will no longer be authorised to access the ENAYBL PD Web Site.
Jurisdiction
Unless expressly agreed otherwise the ENAYBL Web Site is provided for use only by Australian residents only. Some of the Service may be limited in its application to specific States and/or Territories of Australia. The law applicable to use of the ENAYBL Web Site and to disputes arising out of its use is the law of New South Wales.
Copyright and Trade Marks
Copyright in the Material on this Web Site is owned or licensed by ENAYBL Pty Ltd;
Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of ENAYBL Pty Ltd.;
“ENAYBL, and all associated trademarks, are trademarks ENAYBL Pty Ltd.
Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of the ENAYBL Web Site indicates your acceptance of these Terms of Use. These are the current Terms of Use.
They replace any other terms of use for the ENAYBL Web Site published on the ENAYBL Web Site to date. ENAYBL may at any time vary the Terms of Use by publishing the varied Terms of Use on the ENAYBL Web Site. You accept that by doing this, ENYABL has provided you with sufficient notice of the variation.
ENAYBL reserves any rights not expressly granted in these Terms of Use.
Intellectual property notice
We either own the intellectual property rights in the underlying HTML, text, images, audio clips, video, clips and other content material that appears on this website, or have obtained the permission of the owner of the intellectual property to use the content on this website.
You must not use or copy any material appearing on the website other than for the purposes contemplated by this website or in any promotional material for any product without our consent.
User Identification and passwords (for secure sites)
Certain areas of this website may only be accessible through the use of use identification and passwords. If you are or have been assigned a user identification and password for access to these restricted areas, you are responsible for maintaining the security and confidentiality of your password and the information contained in the restricted areas. You are responsible for all activities undertaken using your user identification and password.
If you are no longer eligible or no longer entitled to use your identification and password allocated to you, your access shall be immediately revoked. You must immediately notify us should this occur. We may revoke your access at any time without notice and without giving any reason.
Contact us
If you wish to contact us, please complete the ‘Make an Enquiry’ form on our home page or write to us at:-
ENAYBL Pty Ltd
PO Box 232,
Double Bay, NSW 1361