Terms of Use

General

Below are the terms and conditions of the Carcaje Winners Discretionary Trust T/as Ensafe Planning Solutions and which regulate the business relationship between you and us.

You must be at least 18 years of age to purchase our Goods and Services. If you are younger than 18, then you must get assistance from an adult to purchase.

We are Ensafe Planning Solutions and our address is 4 Tucker Place, Edensor Park NSW 2176.

You are a visitor to a website which is owned by us and/or customer of ours.

1. Definitions

In this agreement:

"Consumer" refers to anyone who, in connection with this agreement, is acting for purposes which are outside his business; "Our Website" refers to the entire computing hardware and software installation that is or supports Our Website.

"Goods" refer to any good we provide for sale on our Website and includes any bonuses and updates that are specified under each Good.

"Services" refers to any of the services we offer for sale on our Website and include generally available updates and support services where specified for each Good or Service.

"Content" refers to any material in any form published on Our Website by us or any third party with our permission.

"Material" refers to Content of any sort posted by you on Our Website

2. Our Contract With You

The following terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Services.

2.3 We will accept your order with a confirmation via email. That's when our contract is made. The message we send will also confirm details of your purchase receipt.

2.4 We cannot guarantee that every Good or Service advertised on our website is available. If at any time a Good or Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Goods and/or Services have been available.

2.5 We may modify these terms at any time of our choosing. The terms that apply to you are those posted here on Our Website on the day you order our Goods and/or Services.

2.6 If in future, you purchase Goods and/or Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.

3. Your Account With Us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and/or Services.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from getting access to your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should let us know immediately if you believe some person has accessed your account without your authority and also logged into your account and changed your password.

4. Price, Payment & Good/Service Provision

4.1 It is possible that the price may have increased from that posted on our Website. If that occurs, we will not provide the Goods and/or Services until you have confirmed that you wish to order at the new price.

4.2 You agree to pay any applicable monthly charge for Goods and/or Services, from the PayPal account or credit card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds on this card each month without further reference to you.

4.3 Payments are billed in advance on the same day as your initial order each month.

4.4 Our Goods and/or Services may be provided by email / made available for you to download / in the way we have explained in our Website.

4.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.

4.6 Once a Good and/or Service provision has commenced, you may cancel the Good and/or Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.

4.7 We may modify the nature or provision of the Goods and/or Services at any time. We may inform you about any such change by email or by posting details on Our Website.

4.8 If we modify the nature or provision of the Goods and/or Services, you may terminate this contract.

4.9 If a change we make in the provision of the Goods and/or Services, involves action on your part, and you do not take that action, we are entitled to terminate the Goods and/or Services to you without notice.

4.10 You may not share or allow others to use the Goods and/or Services in your name.

4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will let you know in advance.

5. Cancellation of Order

5.1 We offer a 100% 30 day money back guarantee on all our Goods and Services.

5.2 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Goods and/or Services to you.

6. Foreign Taxes, Duties & Import Restrictions

6.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.

6.2 You are responsible for purchasing Goods and/or Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind charged in your country.

7. Dissatisfaction with our Goods and/or Services

7.1 If for any reason you are not completely happy with your purchase, contact us immediately and let us know:

7.1.1 exactly why you think we have failed;

7.1.2 the date, if relevant, of the failure;

7.1.3 when and how you discovered the failure;

7.1.4 the result of the failure;

7.1.5 your suggestion as to what action we should take to resolve the situation and restore your faith in us.

7.2 To do this, it is essential that you contact us via phone or email, the details of which can be found on Our Website.

8. Disclaimers

8.1 We or our Content suppliers may make improvements or modifications to Our Website, the Content, or to any of the Services, at any time and without advance notice.

8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. If you find any errors, we would appreciate it if you could let us know.

8.3 We give no warranty and make no representation, express or implied, as to:

8.3.1 the adequacy or appropriateness of the Goods and/or Services for your purpose;

8.3.2 the truth of any Content on Our Website published by someone other than us;

8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and/or Services for a purpose other than that for which the Goods and/or Services are commonly used;

8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.

8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Goods and/or Services.

8.6 In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

8.7 The above two sub paragraphs do not apply to a claim for personal injury.

9. Your Material

9.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

9.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

9.4 You represent and warrant that:

9.5 you own the rights to all of the Material that you post;

9.6 any fact stated in your Material is accurate;

10. System Security

10.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

10.2 You may not use any software tool for the purpose of extracting data from Our Website.

10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

11. Acceptable Use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

11.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:

11.1.1 copyright works;

11.1.2 commercial audio, video or music files;

11.1.3 any Material which violates the law of any established jurisdiction;

11.1.4 unlicensed software;

11.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

11.1.6 links to any of the material specified in this paragraph;

11.1.7 pornographic Material;

11.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

11.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; 11.2.2 The sending of junk mail;

11.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;

11.2.4 Excessive and repeated posting off-topic messages to newsgroups;

11.2.5 Excessive and repeated cross-posting;

11.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

11.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

12. Confidential Information & Intellectual Property Rights

12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.

12.2 We will defend the intellectual property rights in connection with our Goods and Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

12.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

12.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

12.5 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant percentage of any Content.

13. Your Email Address

13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

14. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting of any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

15. Miscellaneous Provisions

15.1 When we communicate with you we do so by email or by phone. You agree that email and phone communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.2 Where we provide Goods or Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods or Services for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 
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