Terms and Conditions - Ennevy Consulting

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Terms and Conditions

Terms and Conditions
Please read these Terms and Conditions carefully before using this Website.

In these Terms and Conditions ‘Ennevy Consulting’ means Ennevy Consulting Pty Ltd ABN 69 085 042 780, and ‘you’, and ‘your’ mean you the reader, user or customer.

This site is operated by Ennevy Consulting under the domain name, www.ennevy.com.au  (Website).

By using the Website or accessing materials from the Website, you agree to abide by these Terms and Conditions (Terms and Conditions). You acknowledge that access to some parts of the Website may be provided subject to the acceptance of additional requirements or restrictions to those set out in these Terms and Conditions. In the event of inconsistency between these Terms and Conditions and any additional requirements, the additional requirements will prevail to the extent of the inconsistency.

These Terms and Conditions are subject to change at any time without notice and are effective as soon as posted to the Website. Your continued use of the Website constitutes acceptance of any modification to these Terms and Conditions.

Use of Content on the Website
Except where explicitly stated otherwise, the Website is provided for information purpose only about Ennevy Consulting products and services. You should always obtain specific advice before deciding on the suitability of any product or service.

Ennevy Consulting reserves the right, in its sole discretion, to make any changes at any time and without notice to the Website or parts of it.

Unless explicitly stated, no part of the Website forms part of the terms and conditions under which particular product or service is provided and is not an offer to enter into a legally binding contract.

Accessing the Website
Unless explicitly stated otherwise, Ennevy Consulting grants you a non-exclusive, non-transferable, limited right to view the content on the Website for your personal, non-commercial use.

You agree not to interrupt or attempt to interrupt the operation or functionality of the Website or the operation or functionality of any user’s computer systems or similar devices in any way (e.g., by transmitting a computer virus or other harmful component whether or not knowingly). You agree not to deal with any content on the Website or source from it except as explicitly permitted under these Terms and Conditions, as may be reasonably required to give effect to these Terms and Conditions, or under any additional licences or agreements you may enter into with Ennevy Consulting. You agree not to breach any standards, content requirements, or codes promulgated by any relevant authority including authorities that require Ennevy Consulting to take remedial action under any applicable law, regulation, or code.

Ennevy Consulting may, at any time and without notice or liability, suspend or discontinue access to the Website or any part of it and terminate any rights provided to access it. You agree to destroy any copy of content sourced from the Website in the event of such termination.

Third Party Websites
Ennevy Consulting may, as a convenience to you, provide links from the Website to other websites. This does not constitute an endorsement or any warranty as to the content of any linked websites.

You agree that if you visit these websites, you do so at your sole risk.

External Links to the Website  
You must obtain prior written approval from Ennevy Consulting before linking to the Website.

Purchase Products through this Website
These Terms and Conditions together with your Order constitute the entire Contract between Ennevy Consulting and you for the supply of Products. The Contract cannot be varied unless Ennevy Consulting agrees to vary it in writing.

Product Delivery
Products are delivered electronically via email.

At request Products may be delivered to a street address, post box or any other similar locations within Australia only. Such delivery incur a handling and delivery cost.

Legal Capacity to Transact
By placing your Order you acknowledge that you are over the age of eighteen (18) years, or your parents or guardians permit the placement of your Order. Should Ennevy Consulting suffer any damage or other losses as a result of a transaction entered into by you who is under the age of eighteen (18) years, Ennevy Consulting reserves the right to seek compensation for such losses from your parents or guardians.

Placing Your Order
Any Order placed by you in the manner described on the Website is an offer by you to purchase a particular Product or Service for the price (including the delivery and other charges where applicable) specified on the Website at the time you place your Order. You acknowledge that, by placing your Order, you are agreeing to pay for and accept delivery of the Product ordered unless you ask Ennevy Consulting to cancel that Order, and Ennevy Consulting confirms the cancellation in writing prior to the Product being dispatched to you, subject to your compliance with any Product specific limitations as set out in these Terms and Conditions. Ennevy Consulting accepts your offer after your Order has passed the internal validation procedure for verifying the bona fides of each Order placed, for the purpose of preventing payment fraud. Ennevy Consulting is not responsible for any error and reserves the right to accept or reject your Order for any reason, including without limitation, unavailability of any Product, an error in the price or image or the Product description posted on the Website, an error in your Order, remove or edit the Website, or cancel Orders in its sole discretion. You may be required to provide additional information for verification before the acceptance of your Order. Ennevy Consulting will confirm receipt of the payment of your Order by emailing you the Tax Invoice, and the Product or confirmation of the dispatch of the Product you have ordered. If Ennevy Consulting is unable to process or accept your Order after payment is received you will be notified by email. Ennevy Consulting will make every effort to supply Products you have ordered.

By placing your Order you acknowledge that you are purchasing one licence for one quantity of the Product for a period of 12 months for your sole use of the Product. The 12 months licence period commences from the date of the purchase. Any variation from the licence conditions requires confirmation in writing from Ennevy Consulting.

Payment Method and Processing
Ennevy Consulting currently accepts bank transfer only. The internal validation procedure will not begin until all the information and payments are received. Orders placed on a weekend or a Public Holiday will not begin the validation procedure until the next business day. Business days are Monday through to Friday, excluding Public Holidays. All prices are in Australian dollars. If the bank transfer payment is not received within 7 days from the date you placed your Order, Ennevy Consulting reserves the right to cancel the transaction.

Please Note: Bank Transfer is to a bank in Australia, and the bank accepts Bank Transfer in Australian dollars only. You may be required to provide further identification for additional security reference checks.

Goods and Services Tax (GST)
All prices are inclusive of GST unless otherwise stated.

Ennevy Consulting reserves the right to change price of a Product displayed on the Website without notice. The price for a Product shown excludes handling and delivery costs of the Product. The handling and delivery costs are shown separately when you place your Order but may be recalculated based on how many and what items you placed in your Order.

Fraud Protection and Prevention
When you place your Order you may be sent an email requesting further information, such as driver’s licence for identification. In this case, until your Order has passed internal Fraud Prevention procedure checks your Order will remain on Pending status. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect purchasers from online fraud.

Supply of the Products you have ordered
Subject to these Terms and Conditions, Ennevy Consulting will supply to you the Products stated on your Tax Invoice. Ennevy Consulting will email you the Products electronically, or confirm dispatch of the Products you have ordered. Title or licence where applicable, and risks pass to you on dispatch.

Delivery of the Products you have ordered
Products supplied electronically are sent to the email address in your Order.

Products delivery to a street address, post box or similar within Australia are processed next business day after the internal validation procedure and are delivered to the address in your Order. Ennevy Consulting is unable to guarantee the timing and safe delivery of the Products.

Returning a Product
Ennevy Consulting does not accept returning Products if you change your mind or make an incorrect Order. Ennevy Consulting advises that you choice carefully before place your Order.

Force Majeure
To the extent permitted by law, Ennevy Consulting is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Ennevy Consulting, and Ennevy Consulting shall be entitled to a reasonable extension of time for the performance of such obligations.

Information Provided by You
You warrant that any information, ideas or material you submit via the Website or otherwise provided to Ennevy Consulting you authorise it to be sent, and the information, ideas or material you submitted will not be proprietary, confidential, nor violate the intellectual property rights of any party. You further agree that Ennevy Consulting may use or deal with any information, ideas or material received in these transmissions for any purpose and without change, restriction or compensation.

You warrant that you shall not, provide any information or materials to Ennevy Consulting that are defamatory, threatening, obscene, harassing, or otherwise unlawful.

By placing your Order to purchase Products from the Website, you agree that Ennevy Consulting may store, process and use data collected from your Order for the purposes of processing and delivering your Order, and may use such data in order to provide you with information from time to time about Ennevy Consulting Products and Services that may be of interest to you. You may obtain a copy of the data held by Ennevy Consulting concerning you on request in writing. Ennevy Consulting reserves the right to charge an administration fee for processing such request. Ennevy Consulting will correct any inaccuracies and errors concerning you upon receipt of your written request.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither Ennevy Consulting’s failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Ennevy Consulting reserves the right to change these Terms and Conditions at any time without notice. The Terms and Conditions applicable to you are those on the Ennevy Consulting Website at the time you use or access the Website, or place your Order to purchase Products from the Website. No Ennevy Consulting employee or agent has the authority to vary any of these Terms and Conditions.

Copyright in this Website, unless explicitly stated otherwise, is owned by Ennevy Consulting. No part of this Website confers any transfer of title in any intellectual property rights.

Except as expressly provided, Ennevy Consulting reserves all intellectual property rights in respect of any content on the Website (including copyright) in all content, other material and compilations contained in, or used to create or support this Website including text, graphics, logos, button icons, video images, audio clips and navigational and other software.

The content on the Website may contain inaccuracies or errors. Ennevy Consulting does not warrant the accuracy or completeness of the content of the Website.

You acknowledge that any reliance on the Website is at your sole risk and Ennevy Consulting accepts no responsibilities for any party’s use of or reliance on the content or any part.

In no event shall Ennevy Consulting be liable to any party for any loss or damages incurred in connection with the use of the Website or any content on the Website.

You agree to indemnify and will keep Ennevy Consulting indemnified from any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Ennevy Consulting in connection with you use of the Website or your breach of these Terms and Conditions or your breach of any rights of third parties.

Liability and Warranty
To the extent permitted by law of New South Wales of Australia, Ennevy Consulting will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damage or any loss or damage whatsoever, including (but not limited to) loss of use, data, or profit, arising out of or in connection with Products or Services supplied by Ennevy Consulting under these Terms and Conditions; or a failure or omission on the part of Ennevy Consulting to comply with its obligations under these Terms and Conditions. Ennevy Consulting’s total liability to you (if any) in connection with these Terms and Conditions or any Products or Services supplied under them, will be limited, at its election, in the case of information or services supplied or offered, the re-supply of the information or services; in the case of Products supplied or offered by Ennevy Consulting, repair or replacement of the Products, supply of equivalent Products, and/or the amount paid by you (if any) excluding handling and delivery costs and any other costs charged by external service providers. The liability limitations do not exclude any rights, which by law may not be excluded. If you think that a Product is defective you should contact Ennevy Consulting at ennevy@ennevy.com.au on delivery, or as soon as practicable within 30 days with particulars about the defective Product and the full details about the way the Product has been used and maintained. If a Product is replaced, your replacement Product becomes your property under these Terms and Conditions, when a refund is given, the refund will be to the account from which the payment was made, all Products need to be returned for replacement or refund, and the returned Products become the property of Ennevy Consulting.

Governing Law
These Terms and Conditions are governed by the laws of New South Wales of Australia.

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