Enixa End User Licence Agreement
This licence agreement (licence) is a legally binding agreement between you and Enixa Digital Pty Ltd (we, our) covering your use of the application known as Enixa (the App).
Please read through the following general terms and conditions which will govern your use of the App. By using the App you agree to be bound by these terms. If you do not agree to these terms, you should not use the App.
- Enixa Digital Pty Ltd grants you a personal, non-transferable, revocable and non-exclusive licence to install and use the App on any device that you own or control.
- We own all rights, title and interest (including all associated copyright and other intellectual property rights) in and to the App, except where licensed to us by third parties.
- You have no ownership or other rights in or to the App, regardless of how used, other than the limited right to use the App as expressly permitted in this Licence.
- You must not (and must not attempt to) modify or tamper with, or create derivative works from, the App.
- Enixa® and the Enixa logo® are trade marks registered to TAP IP Pty Ltd and may not be used without our permission.
- You must use the App in a responsible and reasonable manner. You must not use the App in a way that is against the law, or harms us or other users of the App.
- In order to provide our services, you grant us a worldwide, non-exclusive, royalty free and transferable licence to use, reproduce, distribute, create derivative works from the information that you provide.
- We may, at any time modify the App or terminate this Licence by deactivating the software or operation of the App.
- We may amend this Licence without providing notice to you, by providing an updated version accessible through the App. You should regularly check this Licence for any amendments. If you do not agree with the amended terms you should cease using the App.
- The App is provided on an “as is” basis and, to the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied or statutory, including those relating to merchantability, ability to access, availability, interoperability, compatibility, performance, fitness for a particular purpose, non-infringement, title, reliability, accuracy, completeness and quiet enjoyment.
- We provide the App and the services for informational purposes only, and its use shall not constitute financial, medical or other professional advice, and no professional relationship is created between you and us. You should not make any financial, investment or medical decision based in whole or in part on anything contained in the App.
- You are responsible for keeping your device, and your Enixa account details safe and secure, maintaining the confidentiality of data you input in the App, and are responsible for any use you make of the App.
- To the extent permitted by law, you agree that we are not liable for any special, incidental, indirect, punitive or consequential damages arising from or relating to your use or inability to use the App, including: (a) loss of profits, revenues, time, money, opportunity, privacy, or confidential or other information; (b) the loss, corruption, removal or amendment of any data including your App account and user information.
- You may have consumer rights under your local laws that this Licence cannot change, but to the extent permitted by law, our total cumulative liability to you in connection with this Licence, whether in contract or tort or otherwise, will not exceed the greater of $10, or the fees we received from you for use of the App.
- You are fully responsible for all costs associated with your accessing and use of the App including mobile or Internet charges.
- You may email [email protected] to request that we delete your Enixa account at any time (including if you want to revoke your consent to our use of your information) and your information that we no longer need to operate and provide our services will be deleted.
- This Licence embodies the entire understanding, and entire terms you and we agree in relation to the App.
- If at any time a provision of this Licence is or becomes illegal, invalid or unenforceable, that will not affect or impair the legality, validity or enforceability of any other provision of this Licence.
- This Licence is governed by and must be construed according to the laws of New South Wales. By using the App you submit to the non‑exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts.
Last modified: 07 December 2018.