The Terms of Use apply to your use of the Website. The Terms of Use sets out the terms and conditions under which the Website is made available to you by Enpowered.
These terms and conditions apply separately and in addition to any agreements that you may have with Enpowered and do not vary, waive or replace any of those terms in any way. In the event of any inconsistency between the Terms of Use and any of those other terms, the Terms of Use prevail to the extent of the inconsistency in relation to your access to or use of the Website.
By using the Website, you agree to be bound by these terms and conditions.
1. Definitions
In these terms and conditions:
- “Content” means the content of the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like;
- “Enpowered” means Enpowered Pty Ltd or its subsidiaries;
- “Linked Sites” has the meaning given in clause 8;
- “My Account” means the web-based online account services tool at myaccount.enpowered.com.au accessible via the Website;
- “Terms of Use” means these terms and conditions;
- “We”, “Our” and “Us” means Enpowered;
- “Website” means all webpages under the URL enpowered.com.au;
- “You” or “Your” means the person accessing the Website.
2. Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. This includes, without limitation, conduct that is unlawful or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.
3. Privacy
Enpowered is committed to protecting the privacy of its users. Our Privacy Policy outlines the types of personal information that we collect, how we use and protect it and is available at www.enpowered.com.au/privacy.
Unless we are permitted to do otherwise under these terms and conditions or have agreed with you, we will take reasonable steps to protect any confidential information concerning you or your affairs that is transmitted or otherwise made available to us through or relating to your use of My Account or the Website, consistent with our Privacy Policy and our statutory and contractual obligations.
But, subject to clause 8, we will not otherwise be liable in any way for any unauthorised access to or use of that information.
4. User credentials and security
4.1 User identification
To access and use My Account, you must choose a unique user identification and password, which will serve as your means of identification when conducting transactions with Us via My Account. You must use your user identification and password to access and use My Account, and allow Us to identify you.
My Account may only be accessed by Our current customers who have registered for use of My Account.
4.2 Securing your credentials
You are responsible for maintaining the confidentiality and security of your unique user identification and password. You must not disclose your user identification and/or password to any third party or use them for unauthorised purposes. Additionally, you must:
- Only keep one record of your user identification and password.
- Keep records of your user identification, password, account number, and confidential identification details separate and apart from each other.
- Not share your user identification and/or password with anyone unauthorized.
- Avoid allowing anyone unauthorised to see or hear your user identification and/or password while entering it.
- Immediately notify Us if you become aware of any unauthorised access to or use of your user identification, password, or other confidential identifying code, or if your user identification and/or password have been lost or stolen or if you suspect they have become known to anyone unauthorized.
5. Accuracy of your information
You must ensure that all information provided by you for the purpose of utilising My Account or the Website, or any information, services, or material provided by either, is accurate, complete, and not misleading. If any of your information changes, you must update it promptly.
If any of your information is found to be inaccurate, incomplete or misleading, we reserve the right to deny you access to My Account.
6. Links to third party websites
The Website may contain links to third party websites through hyperlinks (“Linked Sites”).
While We strive to provide only quality links to useful and ethical websites, the Linked Sites are not under the control of Enpowered. The links to external websites do not imply a recommendation for any of the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to review the linked content.
We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
7. Accuracy of information
While We use reasonable efforts to ensure the accuracy, completeness and reliability of the Content, subject to clause 8, We are not responsible or liable for any errors, omissions or inaccuracies in the Content, or for any actions taken in reliance thereon.
8. Warranties, liability and indemnity
8.1 No warranty
The Website is provided on an “as is” and “as available” basis and Enpowered makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, advice, opinion, representation, data or other material included on the Website.
To the extent that the Website provides any statement as to a future matter, that statement is provided as an estimate and/or opinion based upon the information known at the date the statement is made and assumptions that may be incorrect.
The information on this Website is general information and does not take into account the reader’s financial situation, personal objectives or needs. You should conduct and rely on your own investigations, analysis and seek your own professional advice.
To the full extent permissible by applicable law, Enpowered disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Nothing in these Terms of Use is intended to exclude, restrict or modify rights that you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
8.2 Liability and indemnity
We will not be liable for any damages of any kind arising from the use of the Website, including but not limited to, direct, indirect and consequential damages.
You agree to indemnify and keep Enpowered indemnified (including its directors, officers, employees, agents and contractors) against any claims, liabilities, damages, losses and expenses arising out of or in any way connected with your access to or use of the Website.
9. Intellectual property rights
The Content of the Website and the trademarks, service marks and logos contained therein, are owned by or licensed to Us, subject to copyright and other intellectual property rights under the laws of Western Australia, Australia and foreign laws.
Content on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
10. Viruses
We take reasonable precautions to ensure that the Website is free from viruses, however, we cannot guarantee that the Website will be free from viruses or other harmful components.
You are responsible for taking the necessary steps to protect your own computer systems and data from viruses, worms, Trojan horses and other harmful or destructive content.
11. Changes to terms and conditions
We reserve the right to make changes to the Terms of Use at any time. Your continued use of the Website following any changes indicates your acceptance of the revised Terms of Use.
12. Entire agreement
These terms and conditions constitute the entire agreement between you and us relating to the use of the Website.
13. Severability
If any provision of these terms and conditions is found to be invalid or unenforceable, such provision shall be severed from the rest of these terms and conditions, and the remaining provisions shall continue to be in full force and effect.
14. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Western Australia. You and We irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Western Australia.
LAST UPDATED: FEBRUARY 2023