enjyne.com TERMS AND CONDITIONS OF USE

Welcome to Enjyne!

These terms and conditions outline the rules and regulations for the use of this Website (including our system, platform, web-app, applications and any mobile iterations) located at www.enjyne.com by it's owners (being Enjyne and enjyne.com which are owned by ORSM Investments Pty Ltd). By accessing this website, we rely on the fact in doing so you have accepted these terms and conditions. You are not invited to continue to use enjyne.com if you do not agree to all of the terms and conditions stated herein.

1. User Agreement

1.1 All contracts, agreements, arrangements and dealings between www.enjyne.com or Enjyne (part of ORSM Investments Pty Ltd ACN 625 736 745) (and each subsidiary, affiliate, associated companies, related entities, successors/parent company and assigns) and any person (“customer”, “subscriber”, “user” or “you”) using the System (“system”, "platform", “website”, “web-app”, “app”, and/or “mobile applications”) are subject to the terms and conditions of use set out herein (“Terms”).

1.2 These terms are deemed to be incorporated into all agreements for the use of our System and any reference to the System includes and means the website, web-app and/or our application(s).

1.3 These Terms supersede all prior understandings, arrangements and agreements relating to such use. In the event there is any inconsistency between these Terms and any other communication from www.enjyne.com, these Terms shall prevail unless specified otherwise in writing by www.enjyne.com.

1.4 By visiting and/or using the System, you agree to be bound by thee Terms. If you do not agree to any provisions of these Terms then you must not use and nor are you invited to use the System.

1.5 www.enjyne.com may amend these Terms at any time at its sole discretion. By continuing to use our System you are deemed to have accepted any revised terms as may be published by us from time to time.

2. Registration

2.1 To access and to use any of the features of our System, you must firstly be registered as an authorised user (User), including "Admins" and "Super Admins", of an Organisation (Organisation) which has registered to use our System.

2.2 We require all users, with authorisation and permission settings to do so, to create a password required for use of and access to the www.enjyne.com System (Access Information).

2.3 Any information you provide to us when registering as a User will be stored in accordance with the www.enjyne.com privacy policy. This is published on this website, at www.enjyne.com/privacy-policy, as may be amended from time to time.

2.4 You are solely responsible for the activity that occurs on your account, and you must keep your Access Information secure and protect it from unauthorised access or use. If you suspect or become aware of any unauthorised use of your account or that your Access Information is no longer secure, you agree to notify www.enjyne.com immediately.

3. Use of and Access to the System

3.1 www.enjyne.com grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the System in accordance with these terms and conditions.

3.2 www.enjyne.com warrants and represents it is the owner or licensee of the System although we may use assets of third parties and that, in accessing the System in accordance with this agreement, you will not infringe the Intellectual Property Rights of www.enjyne.com or of any third party.

3.3 You may not access or use another User’s account and may not cause or allow another person to use your account, other than as expressly allowed under these Terms.

3.4 www.enjyne.com may in its sole discretion terminate a User account or restrict a User’s access to the System. If this occurs in respect of your account, you may be prevented from accessing any part of the System including your account details or other content contained in your account. www.enjyne.com will not be liable to you or any 3rd party for terminating a User account or restricting a User’s access to it.

4. Your Information

4.1. You own and will continue to own at all times all of the rights, title and interest in and to your Information including personal information and you are solely responsible for the legality, reliability, integrity, accuracy and quality of your information.

4.2. You warrant that you are the owner or licensee of all your information; that you have all rights and consents required to provide your information to www.enjyne.com; and that www.enjyne.com use of your information in accordance with this these Terms will not infringe the Intellectual Property Rights or any other rights of any third party or of any of Your directors, officers, employees, contractors, agents.

4.3. While you remain a User, www.enjyne.com may analyse the way in which you use our System for the purposes of developing the System or assessing and improving its business operations. You acknowledge that any Insights created in doing this is the sole and exclusive property of www.enjyne.com.

4.4. You grant to www.enjyne.com a worldwide, non-exclusive, fully transferable, sub-licensable right to access and use your information for the purpose of providing access to the System and undertaking any analysis of the use of the System, including having access to and use of all logo or branding of your own and any information, blog content, imagery or video and any other content used in the System for the analysis of the use of the System and generally by www.enjyne.com for communication, digital marketing and branding purposes in, on or via the www.enjyne.com website, web-app, www.enjyne.com social feeds or social channels.

5. Maintenance

5.1. You agree that www.enjyne.com may conduct maintenance of the System at any time and from time to time.

5.2. www.enjyne.com may provide you with updates to the System from time to time to enhance or improve the quality, functionality or operation of the System from time to time (update). www.enjyne.com may or may not require you to accept the update. You acknowledge that in the event that you fail to accept an update, your ability to access or use the System may be adversely impacted.

5.3. You agree and acknowledge that:

(a) your access to or use of the System may be suspended due to Force Majeure for the duration of the Force Majeure event;

(b) the System is hosted on and supported by servers, internet connections, networks, and other software and/or hardware that are not provided or in the control of www.enjyne.com and for which www.enjyne.com is not responsible under this agreement or otherwise;

(c) access to and use of the System may be affected by such external factors as speed of connection from your own equipment to the servers supporting the System at any given time, which factors are beyond the control of www.enjyne.com; and

(d) www.enjyne.com will not be liable to you for any loss arising in connection with any lack of availability or use of, or access to, or failure, defect, interruption or limitation of the System whatsoever.

6. Prohibited Activities

You must not:

6.1. use the System in any way that could damage the reputation of www.enjyne.com, or the goodwill or other rights associated with the System;

6.2. permit any person to link to any page containing any part of the System (including via a hyperlink or RSS feed) without www.enjyne.com written consent;

6.3. reproduce, make error corrections to or otherwise modify or adapt the, System, the Website or create any derivative works in part or in whole based upon them or any part of them;

6.4. de-compile, disassemble or otherwise reverse engineer the System or otherwise attempt to derive the source code(s) or directly or indirectly allow, cause or permit any third party to do so;

6.5. modify or remove any copyright or proprietary notices contained in the System, or published on the Website;

6.6. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the System or otherwise copy data from the System;

6.7. override any security feature or bypass or circumvent any access controls or use limits of the System;

6.8. upload anything to the System that contains Viruses or any other harmful code;

6.9. use bots or other automated methods to access the System;

6.10. monitor the System’s availability, performance or functionality for any competitive purpose;

6.11. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the System;

6.12. overlay or otherwise modify the System or its appearance or interfaces; or

6.13. interfere with the operation of, or place an unreasonable load on, the System.

7. Purchase of 3rd Party Integrations

In the event you request and authorise www.enjyne.com to acquire and integrate a third-party proprietary program, software or app, for your use and that of your team and for inclusion in your www.enjyne.com web-app, you agree to hold www.enjyne.com fully indemnified against any claims for loss, reimbursement or compensation by you or against you by the 3rd party provider in the event of your default.

8. Subscriptions and Commissions

8.1 As at October 2024 www.enjyne.com web-app and mobile application(s), if any, are offered as a functional platform to most users free of charge, however, there is a Premium paid version available and a range of subscription plans for larger scale businesses. These plans are subject to change from time to time, and, as and when such plans are changed, released and/or announced, the full details of them shall also be published at www.enjyne.com/pricing.

8.2 www.enjyne.com hereby discloses and declares, and you hereby expressly acknowledge and agree, that for the supply of any 3rd party SaaS program, software or app, chosen and purchased or subscribed to by you, through www.enjyne.com, that www.enjyne.com may receive or may be entitled to receive a fee, commission or payment, in lump sum, or as ongoing remuneration, as the case may be, and that you have and hold no objection and will not make or raise any objection to that being received by www.enjyne.com.

9. Statutory Conditions and Warranty

9.1 Consumer Notice: services supplied to you by www.enjyne.com come with guarantees that cannot be excluded under the Australian Consumer Law or under similar such applicable law in any other country or market. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law or other laws which cannot be modified or excluded including under similar such applicable law in any other country or market.
9.2 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon www.enjyne.com in respect of a breach of Warranty will strictly be limited to the resupply of services or refund of the price paid for the services.
9.3 Warranties do not apply where the services are acquired for rental, hire or other commercial purpose.
9.4 To the extent permitted by law, any failure or defect resulting from your improper care or use of the System, or faulty or incorrect use of the System by you, or any modification or alteration not performed or authorised by www.enjyne.com are agreed to be not covered by Warranty.
9.5 To the extent permitted by law, www.enjyne.com shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by you, howsoever caused.

10. Limitation of Liability

10.1 Except as expressly set out in these Terms and the Australian Consumer Law, www.enjyne.com makes no warranties or other representations to you in relation to the System. www.enjyne.com liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

10.2 You acknowledge and agree that:
(a) to the maximum extent permitted by law, www.enjyne.com will not be liable to you or any other person under any circumstances for any loss or damage suffered or incurred by you, or for any indirect, incidental or consequential damages sustained or incurred by you whether such liability arises directly or indirectly as a result of:
(i) any negligent act or omission or wilful misconduct www.enjyne.com or its employees or agents;
(ii) the supply, performance or use of the System; or
(iii) any breach by www.enjyne.com of its obligations under these Terms.
(b) no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon www.enjyne.com, other than these Terms, is made or given by or on behalf of us.
(c) you are solely responsible for making an assessment that the System is reasonably fit for your intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
10.3 www.enjyne.com will endeavour to provide the System and any services to you with due care and skill but does not warrant any services will be provided without fault or disruption. To the extent allowed by law, www.enjyne.com excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the System if any including, but not limited to, loss or damage you may suffer as a result of:
(a) errors, mistakes or inaccuracies contained in the System;
(b) you acting or failing to act, on any information contained on or referred to in the System and/or any linked website(s);
(c) any unauthorised access to or use of the System and information of any kind stored on the servers that host the System, in part or in full;
(d) any interruption or cessation of transmission to or from the System;
(e) any Viruses or other harmful code or communications which may be transmitted to the System, by any third party; and
(f) www.enjyne.com does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on the System or any linked website(s) or any related products or services contracted or purchased through the System, or featured in any banner or other advertising in any of them. www.enjyne.com will not be a party to or in any way responsible for monitoring any transaction between you and a third-party provider of products and services or any other User.
10.4 www.enjyne.com will not under any circumstances be liable to you for consequential, incidental or special damages arising out of or in respect of your use or misuse of the System.
10.5 To the maximum amount permitted by law www.enjyne.com liability to you is limited to an amount equal to the amount that you may have paid to www.enjyne.com in respect of your use of the System in the 3 months immediately preceding any proven valid loss or claim that you suffer, and that you furthermore expressly agree that any such sum will not and cannot include any monies paid by you or on your behalf to 3rd party providers of programs, software and apps, if any.

11. Payment Default
In the event you, as a user of the www.enjyne.com services, defaults in making a payment or you cannot make payment of your monthly subscription charge for any 3rd party providers programs, software or apps, for any reason whatsoever, the services provided by www.enjyne.com may be ceased or terminated without notice and you agree, in that event, the total applicable annual subscription sum payable then immediately becomes due and payable.

12. Information on the System
www.enjyne.com is not responsible for any typographical, technical, or descriptive errors contained in the System. If www.enjyne.com becomes aware of the existence of such an error it will do all things reasonably necessary to rectify such an error. To the extent permitted by the Australian Consumer Law or any similar such applicable consumer law in any other country or market, www.enjyne.com will not be liable to You for any loss or damage arising out of your upon any typographical, technical, or descriptive errors on the System.

13. Links to third party websites
The System may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and www.enjyne.com may have no control over the operation of such websites, content or resources. The existence of these links does not imply that www.enjyne.com endorses the linked website, content or resource. You acknowledge that www.enjyne.com has not reviewed any of these third-party websites, content or resources and are not responsible for the material contained therein.

14. Intellectual Property
14.1 In granting you access to the System, www.enjyne.com does not confer on you any assignment of any Intellectual Property Rights that subsist in the System or any other materials owned or supplied by www.enjyne.com. You agree that you will not assert any rights in, or challenge www.enjyne.com title to, those Intellectual Property Rights.
14.2 You acknowledge that www.enjyne.com retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights that subsists in the System or any other materials supplied by www.enjyne.com (including user guides, instruction manuals and other documents).
14.3 You are not permitted to assign, transfer or sub-licence any of the rights granted to you by www.enjyne.com to any related party or any unrelated third party without the express consent in writing of www.enjyne.com. www.enjyne.com may withhold such consent in its absolute discretion or may grant consent on such terms as it considers fit.
14.4 You shall not re-publish, transfer, copy, reproduce or post on the internet any of www.enjyne.com materials without www.enjyne.com prior written consent.
14.5 In addition to any other remedies available to www.enjyne.com under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle www.enjyne.com to any available statutory or equitable remedy against you.
14.6 The copyright in any part of the System, copy, images, logos, indicia, text, content are all owned by www.enjyne.com. The domain name www.enjyne.com or any of the trademarks, logos or other material in which intellectual property rights subsist may not be used in advertising or publicity pertaining to distribution of this information strictly without www.enjyne.com express prior written consent.
14.7 If you correspond or otherwise communicate with www.enjyne.com, you grant an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, testimonials, ratings and reviews in any App Store(s), Google, or on any other search engine, or on the www.enjyne.com website or backlinked website(s) and any related social media accounts/profiles, and developing your ideas and suggestions for improved products or services www.enjyne.com may provide.

15. Transfer and Assignment
In the event we merge, sell or otherwise undergo a change control of its business or the System to a third-party, it reserves the right, without giving notice or seeking consent, to transfer or assign the Personal Information, content and rights it has collected from You and any agreements between You and www.enjyne.com.

16. Privacy and Personal Information
16.1 In registering as a User, you will provide www.enjyne.com with Information including Personal Information. When www.enjyne.com does collect Information including Personal Information for the purposes of generating a User account, such information will be provided by the User and may include that User’s name, work address, telephone number and email address.
16.2 www.enjyne.com computer servers may record details about any computer which is used to access the System (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
16.3 www.enjyne.com will comply with its Privacy Policy and with the requirements of the Privacy Act with respect to your Personal Information.
16.4 www.enjyne.com will not provide your Information including Personal Information to government agencies, organisations or anyone else unless:
(a) you have consented to www.enjyne.com providing such information;
(b) www.enjyne.com has notified you that it will be providing such information;
(c) the provision of such information is required or authorised by law;
(d) the provision of such information may prevent or obviate imminent threat to a person’s life or health; or
(e) the disclosure is reasonably necessary for law enforcement.
16.5 You may request that www.enjyne.com remove your Personal Information from its database by emailing www.enjyne.com or using the contact form on the Website.

17. Indemnity
You will at all times indemnify, and agree to keep indemnified, www.enjyne.com and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by www.enjyne.com arising from any claim, demand, suit, action or proceeding by any person against you or against www.enjyne.com where such loss or liability arose out of, in connection with or in respect of your use of the System, or breach of these Terms, including any costs of enforcement.

18. Waiver
18.1. If www.enjyne.com does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by www.enjyne.com.

19. Applicable law
19.1 These Terms and any agreement between www.enjyne.com and a User or Customer will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
19.2 If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms or any agreement between www.enjyne.com and its Users or Customers the severed part will not affect the validity and enforceability of any remaining provisions.

20. Definitions:
Application(s) means the mobile application or mobile iteration of the www.enjyne.com System and/or Website, and its associated services and the related subscription-based features and functionality specific to the App(s);
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State fair trading legislation or any similar consumer law as may be applicable in any other country or market;
Intellectual Property Rights means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;
Force Majeure means any act or event caused by any factor that is not within the reasonable control of www.enjyne.com, including without limitation, act of God; war; national or international emergency; cyber-attack; explosion; damage to telecommunications infrastructure or internet services or www.enjyne.com failure or delay;
Insights means the derived results from insights and analytics of the System. if any, as compiled by www.enjyne.com, our agents or contractors;
Personal Information has the meaning given to it in the Privacy Act and/or the GDPR, as is applicable;
Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time and/or the GDPR, as is applicable;
SMB/SMBs means "small to medium sized business/businesses", also often known as SME (E = Enterprise);
System means www.enjyne.com and its associated services and/or functionality which is accessible through the Website, Web-App and or Application(s) if any, together with all of www.enjyne.com Intellectual Property Rights attaching to or in respect of same;
Virus means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any System, software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
Website means the website part of the System, with the designated URL “www.enjyne.com” and its associated services and the related subscription-based features and functionality;
Your Information means all documents, data, records and information relating to you provided by you to www.enjyne.com in connection with the System, including without limitation any Company or Personal Information.

-ENDS-

Our Terms & Conditions