1. Who we are and how to contact us

www.elanation.com and the mobile application ‘Elanation’ is a platform (Platform) operated by Elanation Pty Ltd ACN 610 638 796 (we, us and our). To contact us, please email info@elanation.com.

2.  By using our Platform you accept these terms

These terms cover the way that you and your child (where applicable) may access and use the Platform. We want everyone to be happy using our service and the Platform and the following Terms of Use are designed with that in mind. We don’t want anyone using our Platform in a way that would have a negative impact on others, us, our brand or our Platform as this would make us unhappy.

Both you and your child (where applicable) must agree to be bound by these terms, as may be modified from time to time, before accessing or using the Platform. If you or your child (where applicable) don’t agree to these terms, then do not access or use our Platform, or allow the person under your care or supervision (where applicable) to access or use the Platform.

If any provision of these terms is invalid, illegal or unenforceable, these terms take effect (where possible) as if they did not include that provision. These terms, together with our Privacy Policy and Terms and Conditions, constitute the entire agreement between you and us in relation to your child’s (where applicable) and your use of and access to the Platform.

3. We may make changes to these terms

We amend these terms from time to time. Every time you or your child (where applicable) wishes to use our Platform, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on 21st November 2019.

4. We may make changes to our Platform

We may update and change our Platform from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

5. We may suspend or withdraw our Platform

Our Platform is free to download. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you and your child (where applicable) reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

6. You must keep your account details safe

The Platform is designed for users between the ages of 6 and 16. If your child (where applicable) is outside this age range we reserve the right to cancel, delete, or terminate your or their registration at any time.

If you or your child (where applicable) choose, or are provided with, a username, password, verification email or any other piece of information as part of our security procedures, you and your child (where applicable) must treat such information as confidential and must not disclose it to any third party.

We have the right to disable any username or password at any time, if in our reasonable opinion you or your child (where applicable) have failed to comply with any of the provisions of these terms.

Your password can be changed any time by following the instructions on the Platform. You and your child (where applicable) should change your password if you think someone other than you knows what it is. We cannot be held responsible if someone uses your child’s (where applicable) or your password to do something on our Platform that you don’t like, or causes harm.

If you know or suspect that anyone other than you knows your username or password or if where applicable you know or suspect that anyone other than your child knows their username or password, you must promptly notify us at info@elanation.com.

7. How material on our Platform may be used

We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You or your child (where applicable) may print off one copy, and may download extracts, of any page(s) from our Platform for personal use and you or your child (where applicable) may draw the attention of others to content posted on our Platform.

You or your child (where applicable) must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You or your child (where applicable) must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you or your child (where applicable) print off, copy or download any part of our Platform in breach of these terms, your child’s (where applicable) and your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials that have been made.

If we provide social media features such as the ability to share content, you and your child (where applicable) may take such actions as are enabled by such features.

You or your child (where applicable) must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Platform.

8. Do not rely on information on this Platform

This Platform is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Platform.

The content on our Platform is provided for general information only. It is not intended to amount to advice on which you or your child (where applicable) should rely. While accessing or using the Platform you or your child (where applicable) may see content that is produced by professionals.

If you or your child (where applicable) does try to perform these activities you and they do so at your own risk, and we are not responsible for any death, injury or damage caused to you, them, others, or any property as a result. We recommend your child (where applicable) discusses with you or another parent or guardian prior to attempting to re-create any content they have seen on, or accessed through our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.

9. We are not responsible for websites we link to

Where our Platform contains links to other Platforms and resources provided by third parties, these links are provided for your child’s (where applicable) and your information only. Such links should not be interpreted as approval by us of those linked websites or information that may be obtained from them. We have no control over the contents of those Platforms or resources, and you and your child (where applicable) access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

10. User-generated content

The Platform may contain chat rooms, personal web pages or profiles, forums and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Platform.

All User Contributions must comply with the content standards set out in Paragraph 11 of these terms.

User Contributions are only verified by us when they are being shared publically on the Platform. User Contributions are not verified or approved by us when being shared in chat rooms or other forums with friends and family. The views expressed by users on our Platform do not represent our views or values.

All User Contribution are considered non-confidential and non-proprietary. Users retains all of their ownership rights in their content, however by providing any User Contribution on the Platform, you and your child (where applicable) grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your child’s (where applicable) or your identity to any third party who is claiming that any content posted or uploaded by you or your child (where applicable) to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you or your child (where applicable) make on our Platform if, in our opinion, the post does not comply with the content standards in Paragraph 11 of these terms.

You are responsible for securing and backing up your child’s (where applicable) or your content.

You represent and warrant that:

  • you or your child (where applicable) own or control all rights in and any User Contributions posted by you or your child (where applicable) and have the right to grant the license granted above to us and our licensees, successors and assigns;
  • all User Contributions posted by you or your child (where applicable) do and will comply with these terms;
  • you understand and acknowledge that you are responsible for any User Contributions you or your child (where applicable) submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
  • we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or your child (where applicable) or any other user of the Platform.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you or your child (where applicable) wish to complain about information and materials uploaded by other users please contact us at info@elanation.com.

11. Content standards

The content standards in this Paragraph 11 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that any User Contributions posted by you or your child (where applicable) will not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • contain any material which is unsuitable for children;
  • contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our Privacy Policy;
  • be likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you or your child (where applicable) make use of a feature that allows you or them to upload content to our Platform, or to make contact with other users of our Platform, you and your child (where applicable) must comply with the content standards in this Paragraph 11.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your child’s (where applicable) or your breach of warranty. We may report any breach of a warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your child’s (where applicable) and your right to use our Platform will cease immediately.

12.  Limitation of liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your child’s (where applicable) or your use, or inability to use, our Platform, any websites linked to it, any content on our Platform or such other websites or any services or items obtained through our Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you or your child (where applicable) where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your child’s (where applicable) or your violation of these terms or your child’s (where applicable) or your use of the Platform, including, but not limited to, any User Contributions, any use of any information obtained from the Platform and any use of the Platform’s content, services and products other than as expressly authorised in these terms.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you or your child (where applicable), which will be set out in our Terms and Conditions.

13. We are not responsible for viruses

We do not guarantee that our Platform will be secure or free from bugs or viruses.

You are responsible for configuring the technology required to access our Platform. You and your child (where applicable) should use your own virus protection software.

14.  Rules about linking to our Platform

You or your child (where applicable) may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in Paragraph 11.

You or your child (where applicable) must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Platform must not be framed on any other Platform, nor may you or your child (where applicable) create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you or your child (where applicable) wish to link to or make any use of content on our Platform other than that set out above, please contact info@elanation.com.

15.  Australian law applies to disputes

These terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.

16. Our trade mark is registered

ELANATION and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You or your child (where applicable) must not use such marks without our prior written permission unless they are part of material you are using as permitted under Paragraph 7. Other names, logos, product and service names, designs and slogans on this Platform are the trade marks of their respective owners and are used by us under licence.

17. Prohibited uses

You and your child (where applicable) may use the Platform only for lawful purposes and in accordance with these terms. You agree that you or your child (where applicable) will not use the Platform:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Paragraph 11 of these terms;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability.

Additionally, you agree that you or your child (where applicable) will not:

  • use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
  • use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
  • use any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Platform;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
  • attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Platform.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your or your child’s (where applicable) identity to them. In the event of such a breach, your child’s (where applicable) and your right to use our Platform will cease immediately.

18. ONLINE PURCHASES

All purchases through our Platform or other transactions for the sale of goods or services or information formed through the Platform or as a result of visits made by you or your child (where applicable) are governed by our Terms and Conditions, which are incorporated into these terms. Where a purchase is made through the Apple App Store, Google Play or other mobile application, additional terms may apply.

19. OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the Platform. All such additional terms and conditions are incorporated by this reference into these terms.