Engo

Engo Terms of Use

Welcome to Engo! By using our Website, whether as a Learner, Teacher or otherwise, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Website.

The term “Learner” means a person who uses this Website to access Content. The term “Teacher” means a person who uses this Website to provide Content to a Learner. If you use the Website to both access Content and to provide Content, you will be both a Learner and a Teacher, depending on the purpose for which you are accessing the Website at the relevant time.

The term “Website” means the website known as Engo.net and the term “Engo” or “us” or “we” or “our” refers to Chinswing Pty Ltd, the owner of the Website. The term “you” refers to any person viewing or otherwise accessing the Website.

The term “Content” means any information, materials, audio files or documents of any kind supplied or made available on or through the Website.

You acknowledge that the Website may be hosted by us or by a third party and it may be hosted within Australia or overseas.

1. Acceptance of Agreement.

1.1 You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Website. This Agreement constitutes the entire and only agreement between us and you, and, to the maximum extent permitted under applicable law, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Content, products and services provided by or through the Website, and the subject matter of this Agreement.

1.2 This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of this Agreement will be posted on the Website, and you should review this Agreement prior to using (or continuing to use) the Website.

1.3 This Agreement applies to every person or entity that accesses or uses the Website. Unless otherwise stated, your rights and obligations under this Agreement apply regardless of whether or not you are a registered member of the Website.

2. Copyright.

2.1 The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters on and otherwise related to the Website and the Content are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website or the Content, except as allowed by clause 4.1 below, is strictly prohibited. You do not acquire ownership rights to any Content (except to the extent you are the Teacher who provided that Content to or through the Website).

2.2 You represent and warrant to us that: (a) you are the sole owner of all intellectual property rights and moral rights in all Content you provide to or through the Website; and (b) use by us, or by any Learner, of the Content you provide, will not infringe the intellectual property rights or moral rights of any third party anywhere in the world. You hereby irrevocable indemnify us against all claims, losses, costs, damages and expenses of any kind (including legal costs on a full indemnity basis) suffered or incurred by us as a result of any breach of this warranty by you. In these terms of use, “intellectual property rights” includes without limitation copyright and all rights relating to trademarks, trade secrets, patents, patent applications and domain names.

3. Service Marks.

“Engo.net”, “Engo”, “Chinswing”, and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Website may be trademarks of their respective owners. No licence is granted to you to use or reproduce any trademarks that appear on the Website.

4. Limited License; Permitted Uses.

4.1 You are granted a non-exclusive, non-transferable, revocable license:

(a) to access and use the Website strictly in accordance with this Agreement; and

(b) if you are a Learner, to print out, download or listen to one copy of discrete items of Content (provided you have paid any applicable fees) from the Website solely for your personal (including educational or entertainment), non-commercial purposes and provided that you maintain all copyright and other notices contained therein.

4.2 You must not modify, distribute, sublicense, reproduce or exercise any intellectual property rights in or to the Content except to the extent permitted by clause 4.1(b). This clause 4.2 does not apply to you if you are the Teacher who provided the relevant Content to or through the Website.

4.3 You agree that you will not under any circumstances use a “bot”, “scraper” or any other automated or semi-automated device or software tool to download any Content from the Website.

5. Participation.

5.1 You must not use or access the Website unless you are at least 13 years old.

5.2 If you are under 18 years of age, you agree that:

(a) until you are 18 years of age, you will only use and access the Website and the Content under the supervision of a parent or legal guardian;

(b) we may provide information relating in any way to your use of the Website (including your registration and login details) and/or the Content to your parents or guardians upon their request; and

(c) we may limit, modify or deny you access to the Website and/or the Content at any time, or either a permanent or temporary basis, upon the request of your parent or legal guardian.

5.3 We may charge fees or commissions for access to or use of the whole or any part of the Website (including in respect of the provision by or to you of any Content). We may change those fees, delete fees and/or introduce new fees at any time. Except to the extent mandated by applicable law, you will not be entitled to a refund of any fees paid to us if your right or ability to use or access the Website (or to provide or access any Content) ceases or is terminated for any reason.

6. Prohibitions/Restrictions on Use.

6.1 Your license for access and use of the Website and any Content (excluding Content posted to the Website by you) is subject to the following restrictions and prohibitions on use. You must not:

(a) except to the extent expressly permitted by clause 4.1 above, copy, print, republish, display, distribute, transmit, broadcast, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content retrieved therefrom;

(b) use the Website, the Content or any materials obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial or other distribution mechanism;

(d) use any Content or any part of the Website in any manner that may infringe any intellectual property right, proprietary right, moral right or property right of us or any third party;

(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website or the Content;

(f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future (except to the extent the functionality of the Website is expressly designed for such purpose);

(g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture or to retrieve any Content;

(h) use any automatic or manual process to harvest Content or other information from the Website;

(i) use the Website or any Content for the purpose of gathering information for or transmitting: (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions;

(j) use the Website or any Content in a manner that violates any law of any kind (including for example laws regulating email, facsimile transmissions, internet communications or telephone solicitations, defamation, privacy, harassment or discrimination); or

(k) export or re-export the Website or the Content or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of Australia or of any other relevant jurisdiction.

6.2 You must not use the Website for any purpose or in any manner, nor upload, download, email, post, publish, provide, distribute, transmit, submit or otherwise make available or access through the Website, any Content, that:

(a) is of a sexually explicit nature;

(b) exploits any person under the age of 18 in any manner;

(d) violates or infringes another's rights, including but not limited to privacy, publicity, trade secrets, confidentiality or intellectual property rights;

(e) is unlawful, in violation of or contrary to the laws or regulations in any state or country where the Content is or will be created, displayed or accessed;

(f) is in breach of this Agreement;

(g) is fraudulent, deceptive, deceitful, inaccurate, false or misleading or constitutes “bait and switch”;

(h) is hateful, tortuous, defamatory, slanderous or libelous;

(i) harasses another user, promotes bigotry, racism, hatred or harm against any group or individual, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or otherwise interferes with another party's use or enjoyment of the Website;

(j) is profane, vulgar or obscene;

(k) is violent or threatening, or promotes violence or actions that are threatening in any way to anyone;

(l) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information about activities such as making or buying illegal weapons or illegal substances, or self-harm);

(m) constitutes unauthorized advertising, harassment, stalking, unsolicited bulk email, "junk mail," "spam" or chain letters; or

(n) if you are a Teacher, fails to comply with its description, is not fit for the purpose for which it was provided or otherwise is not of merchantable quality.

6.3 If you are a Teacher: (a) you agree that you are solely responsible for Content that you upload or otherwise provide to, or through, the Website; (b) you must not misrepresent in any way your identify, experience, expertise, qualifications, location or any other fact, matter or circumstance relevant to your provision of any Content; (c) you agree that you must ensure that all Content you upload or otherwise provide to, or through, the Website is truthful, accurate, complete, safe, appropriate, legal, fit for the purpose for which it is provided and is otherwise appropriate and is provided in a timely manner: and (d) you agree to communicate with your students via the Engo website only, and not through any external medium, including email.

6.4 If you are a Learner, you acknowledge that we have no responsibility to control or monitor any Content, and, as a result, we do not manage, control or guarantee, nor are we responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any Content provided to you through the Website.

6.5 You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of this Agreement.

6.6 Although we do not accept responsibility for Content, we do reserve the right to, in our sole discretion, reject, suspend, block or restrict access to, remove or reclassify any Content at any time, if we consider it appropriate to do so for any reason.

6.7 We may, in our sole discretion, suspend or remove the right of any Learner or Teacher to access or use this Website, either on a temporary or permanent basis.

6.8 You agree that we shall not be required to pay any refund or compensation to you in respect of any action taken by us under or in connection with clause 6.6 or 6.7.

7. Ownership of your Content.

7.1 You will retain all intellectual property rights and moral rights in relation to Content that you upload to the Website. You hereby grant to us a fully paid up, non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, modify, republish, sublicense, prepare derivate works of, and otherwise commercialise by any means all Content that you upload to the Website.

7.2 The licence granted to us under clause 7.1 includes the right:

(a) for us to sublicense your Content to third parties directly or through one or more intermediaries;

(b) for third parties to access and use your Content in any manner permitted under this Agreement; and

(c) for us and any third parties to exercise our licence rights (without a requirement for attribution of the original author or source) notwithstanding any inconsistent moral or similar rights that might otherwise apply.

7.3 Any tags, comments, remarks, suggestions, ideas, graphics, or other information communicated by you in any form (“Submission”) to us become our property. We hereby grant you a perpetual licence to use such materials and information for your own personal, non-commercial use. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.

8. Linking to the Website.

You may provide links to the Website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website; (b) your website does not engage in illegal or pornographic activities; and (c) you discontinue providing links to the Website immediately upon request by us.

9. Advertisers.

The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted by or on their behalf for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

10. Registration.

10.1 Certain sections of, or offerings from, the Website may require you to become a registered member of the Website. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name (if requested) and true and correct information (including, for example, your age, qualifications, experience and country of residence). Each registration is for your personal use only and you must not register on behalf of any other person or entity. We do not permit: (a) any other person using the registered sections of the Website under your name or login details; or (b) access through a single name being made available to multiple users. You are responsible for preventing such unauthorized use.

10.2 We reserve the right to refuse registration of any applicant or participant at any time in our sole discretion, and to remove any existing registration in our sole discretion.

11. Errors, Corrections and Changes.

We do not represent or warrant that the Website or the Content will be error-free, free of viruses or other harmful components, or that defects can or will be corrected. We do not represent or warrant that the Content or other information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website or the Content at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other content appearing on the Website.

12. Third Party Content.

If you are a Learner, you acknowledge and agree that Third party Content (including for example Content provided by Teachers) will appear on the Website and/or may otherwise be accessible to you through the Website. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations in the Content or otherwise on the Website. You understand that the information and opinions in the third party Content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.

13. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to: (a) reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; (b) co-operating with investigations being conducted by law enforcement officials, regulators or other third parties; and (c) disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, Content posted or accessed, IP addresses and traffic information.

14. Indemnification.

You hereby irrevocably indemnify us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") from and against any liability, loss, cost, claim and expense, including legal costs on a full indemnity basis, related in any way to your violation of this Agreement or your use of the Website or the acquisition, use, possession, distribution or provision or any Content.

15. Nontransferable.

Your right to use the Website and the Content is not transferable or assignable. Any password or right given to you to obtain any Content is not transferable or assignable by you.

16. Disclaimer.

16.1 THE CONTENT AND SERVICES AVAILABLE FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE, "WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE CONTENT AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

16.2 WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (OR FOR ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, EMOTIONAL DISTRESS, PAIN AND SUFFERING, BUSINESS INTERUPTION, LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR DEATH), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE, THE CONTENT AND SERVICES PRESENTED ON OR THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

16.3 WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM: (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE OR ANY SERVICES OR CONTENT ACCESSIBLE ON OR THROUGH THE WEBSITE; (B) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE OR ANY FEATURES OF IT; (C) YOUR USE OF THE WEBSITE OR THE CONTENT; (D) THE CONTENT CONTAINED ON THE WEBSITE; OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF US OR AN AFFILIATED PARTY.

16.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

16.5 YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR: (A) CONTENT UPLOADED BY TEACHERS OR OTHER USERS OF THE WEBSITE; OR (B) DEFAMATORY, ILLEGAL OR OTHERWISE OFFENSIVE CONDUCT OF ANY TEACHER, LEARNER OR OTHER USER OF THE WEBSITE.

16.6 ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IS DISCLAIMED.

17. Limitation of Liability

17.1 THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT AND SERVICES PROVIDED ON THE WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

17.2 NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY OF THE PROVISIONS OF THE TRADE PRACTICES ACT 1974 (CTH) OR ANY EQUIVALENT STATE OR TERRITORY LEGISLATION (THE “RELEVANT LEGISLATION”), THE EXERCISE OF A RIGHT CONFERRED BY SUCH A PROVISION, OR ANY LIABILITY OF US OR ANY AFFILIATED PARTY FOR A BREACH OF A CONDITION OR WARRANTY IMPLIED BY SUCH A PROVISION, WHERE THE RELEVANT LEGISLATION WOULD RENDER IT VOID TO DO SO. TO THE EXTENT THAT WE ARE ABLE TO DO SO, WE EXPRESSLY LIMIT OUR LIABILITY AND THE LIABILITY OF ANY AFFILIATED PARTY FOR A BREACH OF ANY CONDITION OR WARRANTY IMPLIED BY VIRTUE OF ANY OF THE RELEVANT LEGISLATION TO, AT OUR OPTION, REPLACING OR REPAIRING GOODS OR PROVIDING THE SERVICES AGAIN.

18. Use of Information.

We reserve the right, and you authorize us, to use and assign all information regarding Website use by you and all information provided by you in any manner consistent with our Privacy Policy.

19. Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

20. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

21. Links to other Websites.

The Website contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Website does not imply approval or endorsement of the linked Website by us. If you decide to leave our Website and access these third-party Websites, you do so at your own risk.

22. Copyrights and Copyright Agents.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f). A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to the Copyright Agent at copyright@engo.net.

23. Information and Press Releases.

The Website contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

24. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content and services provided on the Website.

25. Disputes.

You agree that if there is any dispute between a Learner and a Teacher regarding the fees or commissions payable for the relevant Content, we shall (after providing both the Learner and the Teacher a reasonable opportunity to provide us with a written statement in respect of the dispute) make a decision that is binding upon both the Learner and the Teacher regarding that dispute.

26. Miscellaneous.

25.1 This Agreement shall be treated as though it were executed and performed in the state of Victoria, Australia, and shall be governed by and construed in accordance with the laws of the State of Victoria (without regard to conflict of law principles).

25.2 Any cause of action by you with respect to the Website (and/or any Content or services accessed on or through the Website) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

25.3 All actions shall be subject to the disclaimers and limitations of liability set out in this Agreement.

25.4 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

25.5 This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.

25.6 Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

25.7 To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

25.8 Our failure to enforce, or delay in enforcing, any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

25.9 Our rights under this Agreement shall survive any termination of this Agreement.