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©Ennova Design Pty Ltd

Website Terms & Conditions

Ennova Design Pty Ltd Terms & Conditions

These Ennova Design Pty Ltd Terms & Conditions were last updated on 4 August 2026

Terms & Conditions of Sale

  • Interpretation
  • General
  • Quotations
  • Prices
  • Orders
  • Terms of Payment
  • Guarantee and Indemnity
  • Ownership and Risk
  • Personal Property Security
  • Default
  • Trust and Trustees
  • Delivery and Receipt of the Goods
  • Return of Goods
  • Warranties
  • Compliance
  • Privacy
  • Force Majeure
  • Miscellaneous
  • Disputes
  • Proper Law

Website Terms

  • Duration
  • Services
  • Privacy
  • Access and Use
  • Online Payments
  • Generated Content
  • Ownership and Intellectual Property
  • No Permission to Use Works
  • Reproduction and Communication for Other Purposes
  • Providing Feedback on Website
  • Acknowledgement, Warranty and Liability
  • Indemnity and Limitation
  • Termination
  • General
  • Variation to These Terms
  • Definitions

Ennova Design Pty Ltd

TERMS AND CONDITIONS OF SALE

 

 

1.           INTERPRETATION

  • In these Terms:
    • “Customer” shall mean any person who purchases the Goods or a person to whom a quotation for supply of the Goods is submitted;
    • “Business Customer” is a customer acquiring the goods for resupply.
    • “Ennova” shall mean Ennova Design Pty Ltd ( ABN 50 696 275 224);
    • “Goods” shall mean goods and services agreed to be supplied or supplied by Ennova to the Customer;
    • “Personal Property and Securities Register (PPSR)”, and “perfected monies security interest (PMSI)” have the meanings that are ascribed to them in the Personal Property Security Act 2010 (Cth) (PPSA);
    • “Terms” shall mean these Terms and Conditions of sale;
    • the word “person” shall be deemed to include a corporation, words importing the singular or plural number shall be deemed to include the plural or singular number respectively and words importing the masculine gender only shall include the feminine or neuter gender as the case may require

 

2.           GENERAL

  • These Terms and any other terms and conditions for supply of the Goods to which Ennova has expressly agreed to in writing (including any credit or trading agreement) are the sole terms and conditions governing the sale and supply of the Goods by Ennova to the Customer. Any variations or additions to these Terms not expressly agreed to in writing by Ennova are expressly rejected by Ennova.
  • These Terms shall be deemed to be accepted by the Customer upon their signature or electronic acceptance, or by the Customer placing an order for Goods after the Terms have been supplied to them by email, hardcopy or hyperlink.
  • Unless otherwise specifically agreed in writing by Ennova, any terms and conditions of purchase of the Customer (including any terms included or attached to an order or provided to Ennova at any time) are expressly excluded and will not be binding on Ennova.
  • Ennova may vary these Terms and any credit or trading agreement (if applicable) upon prior written notice of thirty (30) days (“Notice Period”). The amended Terms shall apply to all orders placed by the Customer after the end of the Notice Period. If the Customer does not agree to the amended Terms, it should not place any further orders with Ennova.
  • Where the Customer acts as a reseller, distributor, retailer, or dealer of the Goods, the Customer must not make any misrepresentation in respect of the Goods or engage in misleading or deceptive conduct of any kind in respect of the Goods, and indemnifies Ennova from and against any loss, cost, damage, or claim (including legal costs on a full indemnity basis) suffered or incurred by Ennova and arising from the Customer’s fraud, negligence, misrepresentation, misconduct, or breach of law in respect of the resale of the Goods.

 

3.           QUOTATIONS

  • All quotations for the supply of Goods, however made, are not offers and are provided only as indicative statements of current price levels and their validity is limited to the period specified on the quote. No contract for the supply of Goods shall exist unless an order from the Customer has been accepted by Ennova in accordance with clause 1.
  • Ennova reserves the right to withdraw or vary a quote at any time prior to the acceptance of an order.

 

4.           PRICES

  • Where a firm price is stated in the form of acceptance of an order placed in accordance with a quote, then, unless otherwise stated, the price therein shall be binding for thirty (30) days from the date of the acceptance provided that delivery is required within that period. If delivery is to be made after that date (otherwise than as a result of a delay by Ennova) Ennova reserves the right to issue a new quote for consideration by the Customer. The Customer may terminate the order if the new price is not acceptable. Unless expressly referred to in the quote, all quoted and list prices are excluding delivery and GST (which shall be added/included at time of sale if applicable).

 

5.           ORDERS

  • Orders for Goods shall only be deemed to have been accepted by Ennova if:
    • accepted in writing by Ennova; or
    • delivery of the Goods is made to the Customer, in accordance with Clause 12 of these Terms.
  • Once an order has been accepted by Ennova, such order cannot be varied or cancelled by the Customer without Ennova’s prior written consent.

 

6.           TERMS OF PAYMENT

  • Where Ennova does not supply the Goods to the Customer under a credit or trading agreement, the Customer agrees to pay Ennova the price for the Goods by the due date and method specified in any invoice or online payment platform (or immediately upon receipt of the invoice if no due date is specified), or in accordance with any payment terms otherwise agreed. Where up-front payment is required by Ennova, Ennova may (in its sole discretion) elect not to commence production of or provide the Goods or any other services until payment in full is received and Ennova will not be liable for any resulting delay or loss or damage to any person.
  • Where Ennova supplies the Goods to the Customer under any credit or trading agreement, the Customer agrees to pay the price for the Goods in accordance with payment terms set out in such agreement.
  • The Customer agrees to provide Ennova with all necessary information to enable the issuing of an invoice and/or taking of payment by Ennova, and to inform Ennova promptly of any change to that information
  • All payments must be made in Australian dollars.
  • Ennova may, at any time if the Customer is or has been in default of these Terms, or any applicable credit terms, or if, in the reasonable opinion of Ennova, the Customer’s credit worthiness has changed, withdraw any credit facility and require payment upon an order being placed by the Customer. All approvals to the granting of credit shall be in writing signed by authorised officer of Ennova or their duly authorised representative and, unless approved in such manner, credit shall not be deemed to have been given to a Customer for the purposes hereof.
  • If a payment due by a B2B Customer under credit terms or on consignment, is not made on the due date for payment, Ennova shall without further notice to the Customer be entitled to charge interest on the monies so due, on and from the due date at the rate of 10% per annum calculated daily to the date of actual payment. Time is of the essence so far as payment of monies owing by the Customer to Ennova is concerned. The Customer shall be liable for any legal costs incurred by a Ennova on an indemnity basis for the recovery of any monies due and payable.
  • Credit extended by Ennova to the Customer for the purchase of Goods will be made in accordance with a credit application, credit terms and conditions and personal guarantee and charge, and any other such agreement between the Customer and Ennova. In all other respects, these Terms will apply. If credit is extended to the Customer, the Customer agrees to notify Ennova of any material change to its personal, business or financial situation.

 

7.           GUARANTEE AND INDEMNITY

  • If the Goods are ordered by or in the name of a corporate entity by a director of that entity, then that director irrevocably and unconditionally guarantees to Ennova the due and punctual payment of all monies due by the Customer. The Guarantor’s obligations under this agreement are principal, primary and independent obligations and are not merely ancillary or secondary obligations.
  • Continuing guarantee: The guarantee is a continuing guarantee and remains in force until all monies due have been finally and indefeasibly paid, discharged or satisfied in full.
  • Ennova is not required to make any demand on, commence proceedings against, enforce any right against, or exhaust any remedy against the Customer or any other person before enforcing this guarantee against the Guarantor, except to the extent required by applicable law.

 

8.           OWNERSHIP AND RISK

  • This clause applies if the Customer is a Business Customer. The risk of loss or damage of the Goods shall pass from Ennova to the Customer upon delivery of the Goods to the Customer or to such person (including a carrier) or destination nominated by the Customer.
  • The ownership of Goods supplied to the Customer shall remain with Ennova until full and unconditional payment of the price of those Goods to
  • Until the ownership of the Goods transfers to the Customer in accordance with clause 8.2:
    • the Customer will hold the Goods as a fiduciary and as bailee for Ennova and will be responsible for any loss, damage or conversion of the Goods;
    • the Goods shall be insured and stored by the Customer in a manner as to show clearly that they remain Ennova’s property. Ennova may enter onto the Customer’s premises to inspect the Goods or inspect the Customer’s books or records regarding the Goods at any time.
  • The Customer may sell the Goods in the ordinary course of the Customer’s business provided that:
    • The Customer must hold all monies that they receive for the sale of the Goods (“Proceeds”) as bailee, fiduciary agent and trustee for Ennova and not by way of Ennova has the right to trace and claim Proceeds. Receipt by the Customer of payment shall be treated as conclusive evidence that the Customer has received Proceeds; and
    • The Customer accounts to Ennova for all Proceeds which must be kept in a separate account on trust for Ennova for that purpose until the Goods are paid to
  • For the purposes of identification of different shipments of Goods and receipt of Proceeds the Customer agrees that the principle of “Last in, First Out” shall be applied to any items that cannot be distinguished.
  • The Customer shall ensure that, until ownership of the Goods passes to the Customer, the Goods are not and will not be subject to any other security interest, including a lien, granted or created in favour of any third party (whether under contract, statute or common law) without Ennova prior written consent. Without limiting Ennova’s rights, if the Customer becomes aware of a third party’s interest in or relating to a security interest, including a lien or any other interest in respect of the Goods, whether or not registered in the Personal Property Security Register, the Customer shall notify Ennova immediately in writing and provide Ennova with all relevant details relating to the security interest, including the third party’s full name and contact details, the nature of the security interest and the Goods subject to the security interest.
  • Where the Customer sells the Goods, the Customer will sell as principal and the Customer has no power to commit Ennova to any contract or otherwise or liability but as between the Customer and Ennova, the Customer will sell as fiduciary agent.

 

9.           PERSONAL PROPERTY SECURITY

  • This clause applies if the Customer is a Business Customer. The Customer agrees that these Terms create a security interest or a PMSI that has attached or will attach in the Goods (and their Proceeds) supplied presently and in the future by Ennova to the Customer when the Customer take possession of the Goods and that attachment of the security interest or PMSI has not in any way been deferred or postponed from the date of these terms and conditions.
  • The Customer agrees to do all things necessary and execute all documents reasonably required by Ennova to register the security interest or PMSI granted by the Customer under these terms and conditions and to ensure that Ennova acquires a perfected security interest in the Goods under the PPSA. If Ennova perfects any security interest or PMSI that Ennova has in relation to the Goods then the Customer must not do anything that may adversely affect, in Ennova’s opinion, Ennova’s security position under these terms and conditions.
  • This PMSI does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of these terms and conditions and any purchase money obligations of if any updated credit application is submitted by the Customer, a Director, or a Guarantor.
  • .
  • To the extent permitted by law and the PPSA, these Terms exclude any provisions of the PPSA which may be excluded in Ennova’s discretion and which would otherwise confer rights on the Customer.
  • .
  • If the Customer, being an individual, commits an act of bankruptcy, or the Customer being a company, circumstances arise where a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customer’s assets, or any proceedings are instituted for the Customer’s winding up, or the Customer enters into a deed of company arrangement, or the Customer cease or threaten to cease conducting business in the normal manner or apply for deregistration or receive a deregistration notice, or any cheque the Customer provides to Ennova is dishonoured for payment, or the Customer fails to comply with any demand for payment issued by Ennova, or the Customer breaches any of the terms and conditions contained herein and/or are in default of any other agreement between Ennova and the Customer, then, without prejudice to any of Ennova’s other rights, the Customer’s right to sell the Goods in the ordinary course of business and any of the Customer’s other rights in respect of the products, immediately cease; and the Customer must immediately return to Ennova the Goods in which title has not passed to the Customer.
  • The Customer agrees that, if Ennova has cause to exercise any of its rights under section 110 of the PPSA, then Ennova is entitled to enter any premises where the Goods still unpaid for are located and to repossess, remove and sell such Goods. The Customer agrees to indemnify and keep Ennova indemnified in respect of any claims, actions and costs that may arise against Ennova in relation to the removal, repossession and sale of the Goods pursuant to these terms and conditions including any claims brought by third parties as a result of that exercise.
  • The Customer agrees that repossession and retention of the Goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to Ennova by the Customer, as is equivalent to Ennova’s reasonable estimation of the wholesale value of the Goods at the date of repossession and the repossession and retention will immediately extinguish any rights or interest the Customer has on the value of Goods recovered.
  • .

 

10.        DEFAULT

  • This clause applies if the Customer is a Business Customer. If:
    • the Customer fails to pay any monies owed to Ennova on the due date of payment; or
    • Ennova has any reasonable grounds to believe that the Customer may not be able to make due and punctual payment to Ennova of any monies owing by the Customer; or
    • an administrator, liquidator, provisional liquidator or external manager is appointed in respect of the Customer; or
    • a receiver, receiver and manager, administrator or controller is appointed in respect of any assets or group of assets of the Customer; or
    • the Customer goes into bankruptcy or is wound up; or
    • the Customer becomes, admits in writing that it is, or is declared by a court to be unable to pay its debts as and when they fall due; or
    • there is a breach by the Customer of any of these Terms;

then:

  • all monies payable by the Customer to Ennova may, at Ennova’s election, become immediately due and payable notwithstanding the due date for payment shall not have expired;
  • Ennova may without prejudice to any other rights it may have do any or all of the following:
    • withdraw any credit facilities which may have been extended to the Customer;
    • withhold any further delivery of Goods;
    • in respect of Goods already delivered, enter onto the Customer’s premises to recover and resell the Goods for its own benefit;
    • recover from the Customer the cost of materials or Goods acquired specifically for the purpose of any orders from the Customer;
    • exercise such rights as are afforded to Ennova under the PPSA; and
    • register a default with any credit reference facility.

 

11.        TRUST AND TRUSTEES

  • This clause applies if the Customer is a Business Customer. Where the Customer is a trustee:
    • The Customer agrees to produce a stamped copy of the trust deed (with all amendments) if and when requested by Ennova.
    • The Customer warrants that it has full power and authority to enter into these Terms on behalf of the trust and that it shall be bound by these Terms both personally and as trustee, irrespective of whether or not it discloses to Ennova that it is a trustee at the time of entering into any agreement with Ennova.

 

12.        DELIVERY AND RECEIPT OF THE GOODS

  • Delivery of the Goods to the Customer or to such person (including a carrier) or destination nominated by the Customer and agreed by Ennova shall constitute both delivery to and receipt of the Goods by the Customer. Unless otherwise stated in Ennova’s acceptance of order, the Customer shall arrange and pay for the cost of the transportation of the Goods and shall pay the cost of all charges necessarily incidental to the transportation of the Goods, including but without limiting the generality of the preceding, insurance in respect of the Goods.
  • Ennova reserves the right to deliver the Goods by instalments and each instalment may be separately invoiced by Ennova.
  • A statement in writing signed by any director, secretary, credit manager or other duly authorised person on behalf of Ennova shall be prima facie evidence as to delivery of the Goods:
    • The description and quantity
    • The date of delivery; and
    • The place of delivery.
  • Any date for delivery of the Goods by Ennova is an estimated date for delivery only. Ennova shall endeavour to meet delivery dates (if any) specified by the Customer but shall not be liable for any loss, damage or harm of any nature whatsoever suffered by the Customer or any other person arising directly or indirectly from delivery of the Goods not being effected by any delivery date specified as aforesaid.
  • Upon delivery, the Customer must inspect the Goods to ensure that the Goods correspond with the Customer’s order and have no apparent defect. The Customer shall be deemed to have accepted a delivery of Goods unless it has notified Ennova of any issue within 7 days of delivery.
  • The Customer must preserve any Goods that are found to have a defect in the state in which they were delivered and either return them to Ennova or (if agreed by Ennova) allow Ennova (or a nominated agent) access to the Customer’s premises for the purpose of inspecting the Goods. If, upon inspection, Ennova agrees that such Goods have a Defect, the Goods may be returned to Ennova in accordance with Clause 13.

 

13.        RETURN OF GOODS

  • Unless otherwise agreed in writing by Ennova, Goods may only be returned to Ennova if:
    • within 7 days of delivery, the Customer has notified Ennova in writing that the Goods (i) do not comply with the Customer’s order; or (ii) have an apparent manufacturing defect; and
    • Ennova has accepted the Customer’s reasons for the rejection;
  • Ennova will not accept Goods to be returned if they have been ordered in error, damaged by the Customer in their care (including by the Customer’s carrier) or where the Customer has not complied with all safety, care, disposal and manufacturing best practices, or Ennova’s related directions or requirements.
  • In case of a return in accordance with Clauses 1(a) – (c), Ennova shall, in its sole discretion, (i) replace the Goods or supply equivalent goods; (ii) repair the Goods; or (iii) refund or credit the price of the Goods.
  • Notwithstanding the above, Ennova may, in its absolute discretion and on such terms as may be agreed, accept Goods for return in other circumstances. In such case, Ennova shall issue an Advance Return Order and the Customer shall deliver the Goods to Ennova, and unless otherwise agreed between Ennova and the Customer, the Customer shall pay any delivery costs incurred in returning the Goods to Ennova.

 

14.        WARRANTIES

  • Subject to any Warranties that may be implied by the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), or any other legislation applicable to the Goods that cannot be excluded, no other warranty is provided in relation to the Goods save to the extent as set out in Ennova’s written warranty policies.
  • If the Australian Consumer Law does not apply, then:
    • Ennova’s liability to the Customer for any breach of its obligations hereunder in relation to delivery of the Goods, defective Goods, damaged Goods or any warranty implied by law (other than a warranty as to title) shall in all cases be limited to an amount equal to the lesser of (as determined by Ennova);
      • the cost of having the Goods repaired; or
      • the cost of replacing the Goods; or
      • the cost of obtaining and supplying equivalent
    • Neither party shall not be liable to the other for any loss of use, loss of product, loss of profit, downtime or any other indirect, incidental, special, punitive or consequential damages.
  • Each party must take reasonable steps to mitigate any loss its suffers or incurs.

 

15.        COMPLIANCE

  • This clause applies if the Customer is a Business Customer.
  • The Customer represents and undertakes that it has and will continue to (i) conduct its business in an ethical and responsible manner, (ii) avoid or disclose to Ennova any conflict of interest related to their relationship, (iii) ensure compliance with applicable laws and regulations, including but not limited in relation with privacy and data protection, export controls and sanctions, modern slavery, anti-bribery and corruption, anti-money laundering and (iv) not engage or participate in any criminal or fraudulent behaviour.

 

16.        PRIVACY

  • Ennova will collect, use, hold, and disclose personal information generally in accordance with its privacy policy (available at https://www.Ennova.com.au/privacy/) and all applicable law, including the Privacy Act 1988 (Cth). Personal information collected by Ennova in performance of these Terms will only be collected, used, held, or disclosed for the purposes of providing the Goods, developing the business relationship with the Customer, and otherwise with consent of the Customer.

 

17.        FORCE MAJEURE

  • No failure or omission to carry out or observe any of the conditions of these Terms shall give rise to any claim against Ennova or result in a breach of these Terms if such failure or omission arises by reason of delay or inability to obtain materials, epidemic, fire, storm or other action of the elements, accidents, government restrictions or from other causes whether like or unlike the foregoing which are unavoidable or otherwise beyond the reasonable control of Ennova.

 

18.        MISCELLANEOUS

  • Ennova remains the sole owner of all intellectual property rights in the Goods. Nothing in these Terms shall be deemed to transfer to the Customer any intellectual property rights in the Goods.
  • No provision of these Terms shall be deemed to have been waived by Ennova unless such waiver shall be in writing and signed by an officer of Ennova.
  • If any provision of these Terms is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
  • The Customer shall not assign or purport to assign its rights and obligations herein to any third party without the prior consent in writing of Ennova.
  • Ennova reserves the right to use subcontractors with regards to the sale and supply of Goods and any other obligations under these Terms.
  • Ennova shall be entitled to set off any amounts due to the Customer against any amounts that the Customer owes to Ennova, whether under these Terms or otherwise.
  • Any notice required to be given under these Terms shall be in writing and (i) if the party is a company, be signed by a Director, Manager, or Senior officer of such party, and (i) if not a company then by the party themselves and shall be deemed to have been given on the second day following posting if sent by pre-paid mail in an envelope addressed to the registered office or principle place of business or last known address as the case may be of the party to whom the notice is being sent.

 

19.        DISPUTES

  • If any dispute arises in relation to Goods supplied by Ennova to the Customer, the parties must use their best endeavours to amicably resolve such dispute.

 

20.        PROPER LAW

  • These terms and conditions are governed by and are to be interpreted according to the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts operating in New South Wales.

 

 

 

Web Terms 

 The following terms and conditions (Terms) are a legally binding agreement between Ennova Design Pty Ltd (ACN 696 275 224) and its associated and related entities (if applicable) (Ennova, we, us, us, our) and you, in respect of any online material, products or information (Service) made available by Ennova to you on this (or any other) website (Website). 

  1. DURATION

These Terms commence on the date of first use of the Website and continue in full force and effect unless terminated earlier in accordance with clause 13.

  1. SERVICES

We grant you a license to access our Website and use the Service subject to and in accordance with these Terms.

  1. PRIVACY

Refer to our Privacy Policy, which can be accessed on our Website.

  1. ACCESS AND USE
    • Your access to and use of the Website is conditional on your acceptance of these Terms. If you do not accept these Terms, then you must not access or use or must immediately cease all access or use of the Website.
    • You agree that:
      • any and all access and use of any Service or the Website by you shall be in accordance with:
        • these Terms; and
        • any notices displayed on the Website from time to time.
      • We may revise, replace or amend these Terms from time to time, at our sole discretion;
    • You acknowledge that:
      • You must not use the Website, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;
      • you are legally responsible for all user content you submit;
      • under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating;
  • Our Website may contain links to other websites. We do not endorse, nor are we otherwise responsible for the content on any other website.
  • We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
  • you will not:
    • post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
    • bypass (or attempt to bypass) any security mechanisms imposed by the Website;
    • impersonate any person or entity;
    • post or transmit false or misleading material or make any form of misleading or deceptive representation;
    • post or transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity
    • knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
    • exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
    • provide access or links to any material which may infringe the intellectual property rights of another person; or
    • delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
    • at our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.
  • You agree that you shall not make any commercial use of any or all of the Works accessed on the Website. In this clause 4, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.
  • If, for any reason whatsoever, payment is a) required and b) not received in full and in cleared funds by us before you access or use the Service; we shall be entitled to terminate, suspend, revoke or cancel the licence granted under clause 13.
  1. ONLINE PAYMENTS
    • By placing an order through our website, you agree to pay the full amount for the products or services selected, including any applicable taxes, shipping fees, and other charges. All payments must be made through the approved payment methods listed on our Website.
    • We use secure third-party payment gateways to process transactions. By submitting your payment information, you authorise us and our payment processors to charge the designated payment method for the total amount of your purchase.
    • We do not store credit card details and are not responsible for any loss or damage arising from the use of third-party payment services. It is your responsibility to ensure that your payment information is accurate and up to date.
    • In the event of a payment dispute or chargeback, we reserve the right to suspend or cancel your order and take appropriate legal action if necessary.
  1. GENERATED CONTENT
    • This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including features such as live chat and forums), whether through external websites or otherwise and may also allow you to see user content submitted by other persons.
    • User submissions must not include or post or permit to be posted any positive or negative testimonials, recommendations or criticisms that relate to any health or medical practitioner or any medical or health facility.
    • The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your user content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your user content that you did not intend to disclose).
    • Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any user content. In particular, you should be aware that, if your user content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither Ennova nor you may be able to control the further disclosure and publication of that user content.
    • By posting, submitting, updating, modifying, transmitting or otherwise making available any user content on this Website:
      • you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit user content to the Website;
      • you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the user content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
      • you must ensure, and warrant, that your user content, and the licence that you grant to us under clause 5(b) do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this clause 6.5(c).
    • To the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your user content which would otherwise constitute an infringement of your moral rights that you may have in the user content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
    • We have the right, but not the obligation, to monitor and review user content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your user content for any reason (or for no reason at all).
    • Notwithstanding our right to monitor, review and edit any user content, we are not obliged to do so. We accept no responsibility or liability for any user content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any user content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any user content.
    • You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your user content will be displayed on the Website, and other users may use, view and download your user content. We are not responsible for how other users will use your user content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
    • If you believe that your rights have been infringed by any other user content, or wish to report any user content that does not comply with these Terms, please contact our administrator at admin@ennovadesign.com.au.
  1. OWNERSHIP AND INTELLECTUAL PROPERTY
    • You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising in or in relation to the Works remains with or vests in Ennova or third parties.
    • If Ennova, or any person, makes available or introduces to you to their intellectual property then all Intellectual Property Rights relating to or associated with that intellectual property will remain the sole property of Ennova, or that other person who is the owner or licensee of that intellectual property.
    • You agree to take all actions and do all things reasonably necessary or desirable to protect our Intellectual Property Rights, title and interest in the Works and the Intellectual Property Rights of any third party.
  1. NO PERMISSION TO USE WORKS
    • Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
    • All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
    • We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use, download and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
    • The following are examples of conduct that are not authorised by these terms:
      • sharing the content of this Website with other persons;
      • publishing or posting any of the content on any other website, including on social media pages or websites;
      • using the logo or trademarks of this Website,
      • registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
      • systematic downloading or “scraping” of content of the Website.
    • We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
      • the frequency and nature of any downloads; and
      • the time of access and IP addresses used to access the Website.
    • We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
  1. REPRODUCTION AND COMMUNICATION FOR OTHER PURPOSES
    • No further reproduction or distribution of the Works in whole or in part is permitted without our express written agreement.
    • To seek permission to use the Works (or part of them) please contact our administrator at admin@ennovadesign.com.au.
    • The Australian Copyright Act 1968 (the Act) allows a maximum of 10% of the words in a digital work to be reproduced and/or communicated by any educational institution for its educational purposes provided that that educational institution (or the body that administers it) has given remuneration notices to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited, Level 15, 233 Castlereagh Street Sydney NSW 2000 Australia Tel: +61 2 9394 7600 Fax: +61 2 9394 7601 E-mail: info@copyright.com.au
  1. PROVIDING FEEDBACK ON WEBSITE
    • If you are invited to post comments on the Website you may do so. If you think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identify of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or which consists of or contains software viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action but will not necessarily contact or consult you about our decision. Our decision is final.
  1. ACKNOWLEDGEMENT, WARRANTY AND LIABILITY
    • You acknowledge and agree that:
      • The Works are protected by copyright, and you do not acquire any ownership rights or intellectual property rights by downloading or copying the Works, or part thereof, from the Website;
      • Although we have taken all reasonable steps to ensure that the Works are accurate, we do not make any warranties about the Services or Works, including without limitation any warranty that the Works or Services are complete or error-free;
      • You will not rely on any of the Works without first making independent enquiries to verify facts; and
      • The Website is provided on an ‘as available’ basis. You agree that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Works cannot be guaranteed.
    • To the fullest extent permitted by law, we disclaim any and all express or implied warranties, guarantees or representations regarding:
      • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website; and
      • the reliability or fitness for any particular purpose for any service or product contained or referred to on the Website or the Works or on any external web sites that may be referred to on the Website.
    • You acknowledge and agree that we do not warrant, guarantee or make any representation that:
      • the Website, the Works or the server that makes the Website available on the world wide web are free of software viruses;
      • the functions contained in any software contained on the Website or the Works will operate uninterrupted or are error-free; or that
      • errors and defects in the Website or the Works will be corrected;
    • You and Ennova further agree that, to the fullest extent permitted by law:
      • the Works any other materials whatsoever appearing on the Website are provided on an “as is” basis without warranty of any kind, express or implied;
      • So far as permitted by law, we exclude all conditions and warranties relating to the Services, the Works or the Website; and
      • We do not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Service, the Works, or the Website.
    • To the extent that our liability for breach of any implied warranty or conditions cannot be excluded by law our liability will be limited, at our sole discretion, to re-supply those services or the payment of the costs of having those services resupplied.
    • In no circumstances will we be liable to you for any indirect, incidental, special or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, loss of data or loss of opportunity. To the fullest extent permitted by law our liability to you for goods or services supplied by us to you shall be the lesser of the amount determined under clause 5 or the aggregate amounts paid by you in respect of those goods or services to us.
  1. INDEMNITY AND LIMITATION
    • You agree to release and indemnify, defend and hold Ennova, its directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against you or Ennova related to or in any way connected with any use of the Service by you or any failure by you to perform your obligations in relation to these Terms. This indemnity shall survive the termination of these Terms.
    • To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, the Services, the Works, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
  1. TERMINATION
    • We may immediately terminate these Terms if you breach any term or condition of these Terms and fails to remedy such breach to our satisfaction within seven (7) days of notification from us.
    • On termination of these Terms:
      • you must not access or attempt to access the Service of the Website; and
      • we may immediately deny you access to the Service of the Website, or any other part of the Website, at our sole discretion.
    • Any termination of the licence granted under these Terms shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.
  1. GENERAL
    • These Terms and the documents referred to in the Terms, supersede all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Service.
    • You must not assign, whether in whole or part, the benefit of these Terms or any rights or obligations hereunder, without the prior written consent of Ennova.
    • These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.
    • No forbearance, delay or indulgence by a party in enforcing the provisions of these Terms shall prejudice or restrict the rights of that party, nor shall any waiver or those rights operate as a waiver of any subsequent breach.
    • Should any part of these Terms be or become invalid or unenforceable, that part shall be severed from these Terms. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms.
  1. VARIATION TO THESE TERMS
    • We may change these Terms from time to time without prior notice to you. Any updated versions of these Terms will be posted on the Website.
  1. DEFINITIONS
    • In these Terms:
      • Intellectual Property Rights means any intellectual property and industrial property rights of throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967; and
      • Works means any and all publications, content, graphs, charts, data, information, software, processes, programs, documents, or any other materials whatsoever contained on any Website owned by us or provided by us to any user.
    • Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms. A reference to a clause is a reference to a clause of these Terms.