Company Website Terms of Use

Welcome to the Enware Australia website (the "Company Website"). This document explains the terms and conditions for using the Company Website (the "Terms of Use"). By using the Company Website, you consent to these Terms of Use and any new version of such posted since your last visit.

These Terms of Use apply to any person or entity using and/or browsing the Company Website ("User"), including Company customers who are authorized to register to use the customer portal (the "Customer Portal").

CUSTOMER PORTAL

If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete. A user name and password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof.

Each User must register separately, although corporate entities may possess only one user name and password. Thus, only one registration is required for such corporate entities. You may not disclose your user name and password to non-authorized individuals within your organization or to outside third parties. You may not use another Users user name and password without their explicit authorization.

USING COMPANY CONTENT & SERVICE

  1. Company Proprietary Rights. The Company Website may contain information, data, software (including updates), images, video clips, links, logos and other material (collectively, the "Content") that are the copyright, trademark or other intellectual property of the Company, and/or its affiliates, subsidiaries, partners and/or third-party suppliers. The Content in the Company Website is copyrighted individually and as a collective work. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
  2. Linking to the Company Website. If you operate a website, then you may not display the Content within a frame or border, or "deep link" or harvest Content located below the upper-most URL. You will not link to the Company Website or Content in a manner that suggests an endorsement or affiliation between the sites absent the written consent of the Company. You will remove any link to the Company Website that the Company finds objectionable promptly upon request.
  3. Reservation of Rights. The Company reserves all rights not specifically granted to you. This means permission to use the Company Website and related intellectual property rights. Except as specifically authorized in these Terms of Use, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Company Website. To the fullest extent permitted by law, you may not decompile, disassemble or otherwise reverse engineer any products and/or software obtained through the Company Website.

SYSTEM SECURITY

The Company may offer secure web pages to collect certain kinds of information from Users and it may store certain kinds of sensitive information in encrypted form. The Company follows reasonable technical and management practices to help protect the confidentiality, security and integrity of data it collects. While no computer system is completely secure, the measures implemented by the Company Website help to reduce the likelihood of security problems to a level appropriate to the type of data involved.

PRIVACY POLICY

The privacy policy (the "Privacy Policy") for the Company Website is posted on the Company Website. The terms of the Privacy Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on the Company Website) may have privacy policies or practices that differ from the Privacy Policy. Please check third-party privacy disclosures for details.

WARRANTIES & LIABILITIES

  1. Warranty Disclaimer. THE COMPANY WEBSITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE COMPANY WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
  2. Limitation of Liability. IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THESE TERMS OF USE, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THESE TERMS OF USE AS A WHOLE.
  3. Indemnification. You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.
  4. Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THESE TERMS OF USE PROTECT THE OWNER OF THE COMPANY WEBSITE, THE COMPANY, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.