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TERMS AND CONDITIONS

This document sets out the terms and conditions of Enzi Pty Ltd ATF Enzi Family Trust (ABN 62523477879) (referred to in these terms and conditions as ‘Enzi’, ‘we’, ‘our’ or ‘us’).

We provide a web-based homeschooling platform designed to assist parents and guardians in Australia with curriculum planning, documenting learning evidence and connecting with the home-educating community, known as Enzi, as described on our Website (Software).

These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of our Terms at https://www.enziaustralia.com (Website).  Please read these terms and conditions carefully before agreeing to proceed with your Subscription.

Please note that your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 14. Please ensure you contact us if you want to cancel your Subscription.

1. READING AND ACCEPTING THESE TERMS
   1. In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
   2. By creating an account on the Software (including by clicking “Sign up”, “Create account” or similar), ticking any box or clicking any button that references these Terms, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription or the company you represent and are acquiring the Subscription on behalf of (‘you’ or ‘your’) and us.
   3. We may change these Terms at any time by notifying you, and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended.
2. ELIGIBILITY
   1. By accepting these Terms, you represent and warrant that:
      1. you have the legal capacity and authority to enter into a binding contract with us; and
      2. you are authorised to use the payment you provided when purchasing a Subscription.
   2. The Software is not intended for use by any person under the age of 18 years or any person who has previously been suspended or prohibited from using the Software. By using the Software, you represent and warrant that you are over the age of 18 years and are a parent, guardian or other responsible adult using the Software in relation to the education of one or more children in your care.
   3. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “your” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Solution on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 
3. DURATION OF YOUR SUBSCRIPTION
   1. Your Subscription and these Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 14.
   2. Subject to clause 3(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period).
   3. This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if either party provides a written cancellation notice at least 10 Business Days prior to the Renewal Date.
   4. At least 10 Business Days prior to the expiry of the Renewal Date, we will provide you with advanced written notice of the agreement renewing and any applicable changes to the Subscription Fees or these Terms (Renewal Notice).
4. THE SOLUTION
   1. SCOPE OF YOUR SUBSCRIPTION AND THE SOLUTION
      1. We will provide you, to the extent described in your Subscription, the Software and the Documentation (Solution).
      2. Your Subscription includes the benefits and limitations of the Subscription as set out on our Website, including access to the Enzi homeschooling and community features described there (subject to any free or limited host accounts that we may offer from time to time).
   2. ACCOUNTS
      1. (Accounts) To use the Solution, you may be required to sign-up, register and receive an account through the Website (an Account).
      2. (Provide Information) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, profile information, payment details, and other information as determined by us from time to time.
      3. (Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
      4. (Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
   3. DISCLAIMER

You acknowledge and agree that:

1. any information provided to you as part of or in connection with the Solution or the Services is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice; and
2. it is your responsibility to comply with applicable Laws relevant to your business, including industrial relations Laws and privacy Laws.
3. any AI‑generated content curriculum alignments, activity suggestions, planning tools, teaching plans, blog articles and other informational content available through the Software are generated automatically and may contain errors or omissions. We do not warrant the accuracy, completeness or suitability of any such content for your specific circumstances or for compliance with any curriculum or regulatory requirements. You are solely responsible for reviewing, verifying and determining the appropriateness of any such content before relying on it.
4. PLATFORM NATURE AND EDUCATION RESPONSIBILITY
   1. Enzi is a technology platform designed to assist parents and guardians with homeschooling organisation, documentation, curriculum alignment and planning support.
   2. The Software may provide tools, templates and AI‑assisted features that generate suggested teaching plans, learning activities and curriculum alignments. These features are provided for general informational and organisational purposes only and do not constitute formal educational instruction, professional advice or accredited teaching services.
   3. Enzi is not a registered or accredited school or education provider, and does not assess, certify or guarantee compliance with any state or territory homeschooling requirements.
   4. You acknowledge that you are solely responsible for:
      1. reviewing and determining the suitability of any teaching plans, curriculum alignments or suggestions generated through the Software; and
      2. ensuring that your homeschooling activities comply with all applicable laws and regulatory requirements in your jurisdiction.
5. SOFTWARE
   1. While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the Software and Documentation for the Number of Solution Users. If your Subscription Tier on the Website does not specify a Number of Solution Users, your licence to use the Solution under this clause will be limited to one User (i.e., the Number of Solution Users will be one).
   2. We may from time to time, in our absolute discretion, release enhancements to the Software, meaning an upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
   3. We may change any features of the Solution at any time on notice to you.
6. SUPPORT SERVICES

We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:

1. we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control);
2. we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;
3. you are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Users to access and use the Software; and
4. you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
5. DATA HOSTING

We will store User Data you upload to the Software using a third party hosting service selected by us (Hosting Services), subject to the following terms:

1. (hosting location) You acknowledge and agree that we may use storage servers to host the Software through cloud-based services, and potentially other locations outside Australia.
2. (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
3. (security) implement reasonable technical and organisational measures to protect User Data, including encryption in transit, access controls and secure hosting practices. However, you acknowledge that no system is completely secure and we do not guarantee that unauthorised access, data breaches or other security incidents will not occur. Our obligations in relation to personal information are subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles..
4. (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

1. CLIENT OBLIGATIONS
   1. GENERAL OBLIGATIONS

You agree to:

1. provide us with all documentation, information and assistance reasonably required by us to perform the Services; and
2. provide us with access to any third party or other accounts used by you (including log-in details and passwords), as is reasonably required by us to perform the Services.
3. CLIENT MATERIAL
   1. You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Solution is complete, accurate and up-to-date.
   2. You release us from all liability in relation to any loss or damage arising out of or in connection with the Solution, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.
4. YOUR OBLIGATIONS
   1. You must, and must ensure that all Users, comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your, your Personnel’s, or any User’s, breach of these Terms, and you indemnify us in respect of any such damage, loss or expense. 
   2. You must not, and must not encourage or permit any User, Personnel or any third party to, without our prior written approval:
      1. upload sensitive information or commercial secrets using the Software;
      2. upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Software;
      3. use the Software for any purpose other than for the purpose for which it was designed, including you must not use the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes;
      4. upload any material that is owned or copyrighted by a third party; 
      5. make copies of the Documentation or the Software;
      6. adapt, modify or tamper in any way with the Software;
      7. remove or alter any copyright, trade mark or other notice on or forming part of the Software or Documentation;
      8. act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Software;
      9. use the Software in a way which infringes the Intellectual Property Rights of any third party;
      10. create derivative works from or translate the Software or Documentation;
      11. publish or otherwise communicate the Software or Documentation to the public, including by making it available online or sharing it with third parties;
      12. integrate the Software with third party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than integrating in accordance with any Documentation or instructions provided by us in writing; 
      13. intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Software;
      14. use the Software to discuss topics not reasonably related to homeschooling or home education, including political campaigning or debates, or to promote or criticise particular religious beliefs;
      15. create or share content that constitutes or promotes child exploitation, or otherwise endangers the safety or wellbeing of children; 
      16. take screenshots or screen recordings of content within the Software where doing so would breach another user’s privacy, or share any screenshots, photos or other copies of User Data outside the Software without the relevant user’s consent; 
      17. collect, harvest or store personal data or User Data about other users (including names, photos, videos, locations or children’s details) other than as reasonably necessary to use the Software as intended;
      18. sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party, other than granting a User access as permitted under these Terms;
      19. decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
      20. share your Account or Account information, including log in details or passwords, with any other person and that any use of your Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Solution’s security;
      21. make any automated use of the Solution and you must not copy, reproduce, translate, adapt, vary or modify the Solution without our express written consent; 
      22. attempt to circumvent any technological protection mechanism or other security feature of the Software; or
      23. permit any use of the Solution in addition to the Number of Solution Users.
   3. If you breach any obligation relating to the privacy of other users, including by sharing screenshots, recordings or personal information without consent, we may immediately suspend or terminate your Account without notice. We also reserve the right to take further action where appropriate, including reporting unlawful conduct to relevant authorities.
   4. If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.
   5. You agree, and you must ensure that all Users agree:
      1. to comply with each of your obligations in these Terms;
      2. to sign up for an Account in order to use the Solution;
      3. that information given to you through the Software, by us or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
      4. that we may cancel your, or any User’s, Account at any time if we consider, in our absolute discretion, that you or they are in breach of, or are likely to breach, this clause 6.
5. FEES AND PAYMENT
   1. TRIAL PERIOD

We may from time to time offer a free trial period of the Solution (Free Trial Period). For Enzi, the Free Trial Period is currently 14 days from the date you first create an Account, unless otherwise stated on our Website. No Subscription Fees will be due during any Free Trial Period and your first payment will be due immediately after the expiry of the Free Trial Period.

1. SUBSCRIPTION FEES
   1. You must pay subscription fees to us in the amounts specified on the Website for your Subscription, or as otherwise agreed in writing (Subscription Fees).
   2. All Subscription Fees must be paid in advance and are non-refundable for change of mind.
   3. Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period (or immediately after the expiry of any applicable Free Trial Period) and at the beginning of every Renewal Period thereafter.
2. AUTOMATIC RECURRING BILLING

Subject to clauses 7.4 and 7.5:

1. Your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 7.
2. While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
3. By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

1. grace period

If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 10 Business Days from the date of that renewal to cancel your Subscription by contacting us at hello@enziaustralia.com (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.

1. CHANGES TO SUBSCRIPTION FEES

We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 7.4 will apply.

1. LATE PAYMENTS

If you fail to pay any Subscription Fees when due, we may suspend or restrict your access to the Software immediately. Where your Subscription remains unpaid, we may treat your Subscription as cancelled and your Account will move into our data retention process (see clause 15.3) under which your data is retained in a soft‑deleted state for approximately 12 months before being permanently deleted or de‑identified, unless we are required by law to retain it for longer.

1. GST

Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

1. CARD SURCHARGES

We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

1. ONLINE PAYMENT PARTNER
   1. We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect Subscription Fees.
   2. Provided that we have notified you of any applicable terms and conditions of the Online Payment Partner and made those terms available to you, you acknowledge and agree that:
   3. the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found https://stripe.com/au/legal;
   4. you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and
   5. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
   6. You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Subscription and clause 14 will apply.
2. POSTED MATERIAL 
   1. WARRANTIES

By providing or posting any information, Material or other content in connection with the Software (Posted Material), you represent and warrant that, and must ensure that all Users make equivalent representations and warranties:

1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
2. the Posted Material is accurate and true at the time it is provided;
3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Posted Material is free from any material that may harm our reputation or that of associated or interested parties;
6. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
7. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, Confidential Information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
8. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Solution or any network or system; and
9. the Posted Material does not breach or infringe any applicable Laws.
10. LICENCE
    1. You grant, and must ensure that all Users grant, to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.
    2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you release us from any and all claims that you could assert against us by virtue of any such moral rights, and you must ensure that all Users grant an equivalent release.
    3. You indemnify us against all damages, losses, costs and expenses incurred by us arising in connection with any third party claim that Posted Material infringes any third party’s Intellectual Property Rights.
11. REMOVAL
    1. The Software acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material. However, we may, in our absolute discretion, review and remove any Posted Material from the Solution at any time without giving any explanation or justification for removing the Posted Material, including if we determine that the Posted Material infringes a third party’s Intellectual Property Rights, or is reasonably likely to.
    2. We do not actively pre‑screen all Posted Material, but we may use automated tools and user reports to help us identify content that may breach these Terms and our community guidelines.
    3. You agree that you are responsible for keeping and maintaining records of Posted Material.
12. INFRINGING CONTENT ON THE SOFTWARE
    1. If you become aware of Posted Material, or other Material, on the Software that infringes the Intellectual Property Rights of any person, or is reasonably likely to, please contact us immediately on the ‘Copyright’ section of our Website, accessible here: hello@enziaustralia.com.
    2. If you submit a complaint on our Website under clause 8.4(a):
       1. you warrant that the substance of the complaint is accurate, true and involves infringement of copyright;
       2. you acknowledge and agree that groundless threats of legal proceedings in relation to copyright infringement may be prohibited under applicable law (for example, Australia’s Copyright Act 1968, or equivalent laws wherever you are located); and
       3. you agree to indemnify Enzi in relation to any loss or damage that may arise in relation to your complaint, including in relation to any third party claim that the complaint contains a groundless threat.
13. Events and event hosts
    1. EVENTS CREATED BY EVENT HOSTS
       1. The Software may allow third‑party users (Event Hosts) to create and promote events, activities or services.
       2. You acknowledge and agree that Event Hosts are independent third parties and are not employees, contractors or agents of Enzi.
       3. We do not control, endorse or guarantee the quality, safety, legality or suitability of any events, activities or services listed on the Software. Participation in any event or activity is at your own risk.
       4. To the maximum extent permitted by law, we are not liable for any injury, loss, damage or claim arising from or in connection with your participation in any third‑party event or activity.
       5. If an event was misleading or you have a complaint about an event, please contact us at hello@enziaustralia.com.
    2. EVENT HOST REQUIREMENTS
       1. Prior to an Event Host being allowed to list events using the Software, applicants must provide the following documentation for compliance and safeguarding purposes:
          1. a valid Working With Children Check (WWCC) where required by local law;
          2. current public liability insurance;
          3. an active ABN;
          4. government‑issued ID verification (for example, a driver licence or similar); and
          5. a completed Enzi Event Host Declaration & Risk Assessment Form.
       2. For higher‑risk activities (such as sport, water‑based activities, animal handling or similar), we may also require that at least one responsible adult involved in the activity holds a current first aid certificate.
       3. All Event Host applications are reviewed by the Enzi administration team prior to approval to help ensure alignment with community safety expectations and relevant regulatory standards. We do not, however, guarantee that any particular Event Host or event complies with all legal requirements, and you remain responsible for making your own enquiries before attending any event.
14. ADVERTISING AND RESOURCE DIRECTORY
    1. The Software may include a directory of third‑party products and services, and other third‑party listings or advertisements (Resource Directory).
    2. We do not endorse, verify or guarantee the accuracy, quality or suitability of any listings in the Resource Directory or any other third‑party advertisements on the Software.
    3. Any engagement you have with a third‑party advertiser or provider (including purchasing products or services or attending experiences) is solely between you and that third party.
    4. To the maximum extent permitted by law, we are not responsible for, and will not be liable for, any loss, damage, claim or dispute arising from or in connection with your dealings with any third‑party advertiser or provider listed on the Software.
15. INTELLECTUAL PROPERTY AND DATA
    1. SOFTWARE CONTENT INTELLECTUAL PROPERTY
       1. (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Software (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Software Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
       2. (Licence to you) You are granted a licence to the Software Content, for the Number of Solution Uses, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law.
    2. USER DATA

Our Rights and Obligations

1. You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use User Data to the extent reasonably required to provide the Solution, and for our internal business purposes, including to improve the Solution and our other products and services, and including to apply analytics and machine learning processes to User Data to operate, maintain and improve the Software and our related products and services.
2. We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.

Your Obligations and Grant of Licence to Us

1. You are responsible for ensuring that:
   1. you share User Data only with intended recipients; and
   2. all User Data is appropriate and not in contravention of these Terms.
2. You:
   1. warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and
   2. indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

1. THIRD PARTY SOFTWARE & terms
   1. THIRD PARTY TERMS
      1. If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’).
      2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the Solution to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
      3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Solution to you and clause 14 will apply.
   2. THIRD PARTY SOFTWARE INTEGRATIONS
      1. You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together. We cannot guarantee that integration processes between the Software and other software programs will be free from errors, defects or delay.
      2. You agree that we will not be liable for the functionality of any third party goods or services, including any third party software, or for the functionality of the Software if you integrate it with third party software, or change or augment the Software, including by making additions or changes to the Software code, and including by incorporating APIs into the Software.
      3. If you add third party software or software code to the Software, integrate the Software with third party software, or make any other changes to the Software, including the Software code (User Software Changes), then:
         1. you acknowledge and agree that User Software Changes can have adverse effects on the Solution, including the Software;
         2. you will indemnify us in relation to any loss or damage that arises in connection with the User Software Changes;
         3. we will not be liable for any failure in the Solution, to the extent such failure is caused or contributed to by a User Software Change;
         4. we may require you to change or remove User Software Changes, at our discretion, and if we do so, you must act promptly;
         5. we may suspend your access to the Solution until you have changed or removed User Software Change; and/or
         6. we may change or remove any User Software Change, in our absolute discretion. We will not be liable for loss of data or any other loss or damage you may suffer in relation to our amendment to, or removal of, any User Software Change.
2. CONFIDENTIALITY
   1. Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
   2. Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
   3. The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.
3. PRIVACY
   1. We collect personal information about you in the course of providing you with the Solution, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at www.enziaustralia.com].
   2. Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
   3. By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.
4. LIABILITY
   1. WARRANTIES AND LIMITATIONS
      1. (Warranties) We warrant that:
         1. during the Subscription Period, the Software will perform substantially in accordance with the Documentation;
         2. during the Subscription Period, the Solution will be provided as described to you in, and subject to, these Terms; and
         3. to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
      2. (Errors) We will correct any errors, bugs or defects in the Software which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:
         1. result from the interaction of the Software with any other solution or computer hardware, software or services not approved in writing by us;
         2. result from any misuse of the Software; or
         3. result from the use of the Software by you other than in accordance with these Terms or the Documentation.
      3. (Service Limitations) While we will use our best endeavours to ensure the Solution is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
         1. the Solution may have errors or defects;
         2. the Solution may not be accessible at times;
         3. messages sent through the Solution may not be delivered promptly, or delivered at all;
         4. information you receive or supply through the Solution may not be secure or confidential; or
         5. any information provided through the Solution may not be accurate or true.
      4. (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
      5. (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
   2. liability
      1. To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the Solution is limited to the total Subscription Fees paid to us by you in the 12 months preceding the date of the event giving rise to the relevant liability.

CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
3. CANCELLATION
   1. cancellation at any time

Either party may cancel or terminate your Subscription for convenience at any time by providing written notice to the other party. If you cancel your Subscription, you will continue to have access to the Software until the end of your current Subscription Period (monthly or annual, as applicable) and no further Subscription Fees will be charged after that period, but, to the maximum extent permitted by law, we do not provide refunds for any unused portion of a Subscription Period. Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.

1. cancellation FOR BREACH
   1. A “Breach” of these Terms means:
      1. a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;
      2. the other party is given 10 Business Days to rectify the breach; and
      3. the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
2. EFFECT OF TERMINATION

Upon termination of this agreement:

1. upon termination of this agreement or expiry of your Subscription, your access to the Software and your Account will end. We will generally retain your User Data in a ‘soft‑deleted’ state for approximately 12 months after termination so that it can be restored if you return to the Software or if we are required to access it by law. After that period, we may permanently delete or de‑identify your User Data, subject to any legal obligations we have to retain certain records);
2. You may request deletion of your User Data at any time by contacting us. We will take reasonable steps to delete or de‑identify your personal information in accordance with our Privacy Policy, subject to any legal obligations requiring us to retain certain data (for example, for tax, auditing or record‑keeping purposes).
3. unless agreed in writing or required by law (including under the Australian Consumer Law), any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Subscription Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
4. each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation clauses dealing with intellectual property, confidentiality and limitation of liability.
5. DISPUTE RESOLUTION
   1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
   2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
   3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
6. FORCE MAJEURE
   1. We will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event. 
   2. If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
      1. reasonable details of the Force Majeure Event; and
      2. so far as is known, the probable extent to which We will be unable to perform or be delayed in performing its obligations under this agreement.
   3. Subject to compliance with clause 16(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
   4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
      1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      2. strikes or other industrial action outside of the control of us;
      3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.
7. NOTICES
   1. A notice or other communication to a party under these Terms must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
   2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party,

whichever is earlier.

1. GENERAL
   1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in South Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

1. INTERPRETATION
   1. (singular and plural) words in the singular includes the plural (and vice versa);
   2. (currency) a reference to $; or “dollar” is to Australian currency;
   3. (gender) words indicating a gender includes the corresponding words of any other gender;
   4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
   5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
   6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
   7. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
   8. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
   9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
   10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
   11. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

DEFINITIONS

PRIVACY POLICY

1. INTRODUCTION

This document sets out the privacy policy of Enzi Pty Ltd ATF Enzi Family Trust (ABN 62523477879) (referred to in this privacy policy as ‘Enzi’, ‘we’, ‘us’, or ‘our’).

Enzi is a web‑based homeschooling platform designed to assist parents and guardians in Australia with curriculum planning, documenting learning evidence, organising and managing events, and connecting with other families in the home‑educating community.

We provide tools, features and AI-generated suggestions to support home education, but we are not a school, education authority or government body, we do not provide accredited education o guarantee compliance with any home-education requirements.

We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information.

We are committed to preventing serious invasions of privacy and ensuring the protection of your personal information, so you can contact us using the details below if you have any questions or concerns.

By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.

By using our web application, websites and related services (together the 'Platform'), you agree to be bound by this privacy policy in addition to any applicable terms and conditions of use.

We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

This privacy policy applies to our Platform and related services only and does not apply to any third‑party websites, applications, businesses or services that may be linked to or integrated with the Platform.

1. TYPES OF PERSONAL INFORMATION WE COLLECT

The personal information we collect may include the following:

1. name;
2. mailing or street address;
3. email address;
4. telephone number and other contact details;
5. account details, including username, password and user preferences;
6. information about children, such as name, age or year level and learning profile, where this is provided by a parent or guardian;
7. educational records and learning data, including education programs, learning plans, portfolios, assessment notes, learning evidence (including photos, videos and journals), curriculum codes and reading logs;
8. community and communication data, including posts, comments and interactions on community feeds, private or group chats, suburb‑based chats, event‑based chats and other user‑generated content on the Platform;
9. event information, including details of events created or attended by you (such as event titles, descriptions, locations and dates) and your participation in those events;
10. payment and billing information, including credit or debit card details (processed via third‑party providers), billing address, subscription details and transaction history;
11. technical and usage information, including your device identity and type, operating system, browser type, IP address, geo‑location information, pages and features accessed, usage statistics and standard web log information;
12. information provided in communications with us, including support requests, complaints, feedback, survey responses and participation in promotions; and
13. any other information provided by you to us via the Platform or our online presence, or otherwise required by us or provided by you.

We do not intentionally collect sensitive information (such as health information, racial or ethnic origin, political opinions or religious beliefs) and we ask that you do not submit this type of information through the Platform. While we do not actively request sensitive information, you may choose to upload content that includes sensitive information. Where this occurs, we will handle that information in accordance with this privacy policy and applicable law.

You acknowledge that any information you share in community areas of the Platform (including community feeds, chats and event pages) may be visible to other users, and you are responsible for the content you choose to share.

1. PERSONAL INFORMATION OF MINORS

The Platform is intended for adult users only. Users must be 18 years of age or older and must be a parent, guardian or other responsible adult to create and manage any child‑related profiles or learning records.

We do not allow children to create accounts directly on the Platform. All information about children (including their name, age or year level and learning evidence such as photos, videos and portfolios) is provided to us by a parent, guardian or other responsible adult.

Parents and guardians remain in control of the personal information of children that they upload to the Platform, including deciding what information to provide, which third parties to share it with and when to delete it.

We will assess the capacity of any individual under the age of 18 who contacts us directly on a case‑by‑case basis in accordance with the Australian Privacy Principles. Where an individual does not have capacity to consent, we will seek verifiable consent from a parent or guardian. Parents or guardians may contact us at hello@enziaustralia.com to review, manage, or request deletion of their child’s personal information.

1. HOW WE COLLECT PERSONAL INFORMATION

We may collect personal information either directly from you, or from third parties, including when you use the Platform, where you:

1. create an account or update your profile on the Platform;
2. input educational records, upload learning evidence or otherwise use features such as My Evidence, Activity Aligner, Teaching Plan, Health Hub or other AI‑assisted tools;
3. post in community feeds, join or participate in chats, create or attend events or interact with other users on the Platform;
4. contact us through the Platform, our website or by email, telephone or other communication channels;
5. subscribe to our mailing lists or marketing communications;
6. make a payment, subscribe to a plan or update your billing information; or
7. otherwise deal with us in the course of our business.

We may also collect personal information from you when you use or access our website or the Platform. This may be done using web analytics tools, 'cookies', log files and similar tracking technologies that allow us to track and analyse your use of the Platform. Cookies are small files that store information on your computer, mobile phone or other device and enable the creator of the cookie to identify when you visit different websites or use different services. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser, but some features of the Platform may not function properly as a result.

We may receive personal information about you from third‑party service providers that we use in connection with the Platform, including payment processors (such as Stripe), accounting and billing providers (such as Xero), hosting and domain providers (such as GoDaddy and Hostinger), analytics providers and AI service providers, where they are permitted to share such information with us.

You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

1. USE OF YOUR PERSONAL INFORMATION
   1. COLLECTION AND USE OF INFORMATION

We collect and use personal information for the following purposes:

1. to operate, maintain and provide you with access to the Platform and its features, including community feeds, event calendars, chats, learning evidence tools, Activity Aligner, Teaching Plan and other AI‑assisted features;
2. to store, organise and display educational records and portfolios for your use, including learning outcomes, journals, photos, videos, portfolios and reading logs;
3. to process payments, manage subscriptions, provide invoices and receipts and otherwise administer your account, including through third‑party providers such as Stripe and Xero;
4. for record keeping, administrative purposes and to manage our relationship with you, including to respond to your enquiries, feedback, support requests or complaints;
5. to monitor, troubleshoot, maintain and improve the Platform, including by analysing how features are used and developing new features and services;
6. to enforce our acceptable use rules and community standards and, where necessary, to review user‑generated content (including chats, posts and event listings) in order to enforce our terms and conditions, ensure the safety of the Platform or respond to complaints;
7. to send you administrative messages, reminders, notices, updates, security alerts and information that you request;
8. where you have consented or where permitted by law, to send you marketing and promotional messages and other information that may be of interest to you (you may opt‑out at any time by using the unsubscribe facility provided); and
9. to comply with our legal obligations, resolve disputes, protect the rights, property and safety of us, our users or others, or enforce our agreements with third parties.

We do not sell your personal information to third parties.

We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient has similar legal safeguards and deals with such personal information in a manner consistent with how we deal with it.

1. Data Transfers outside australia

In some cases, our service providers or their servers may be located in countries outside Australia. Where this occurs, we will take reasonable steps to ensure that your personal information is handled in accordance with applicable privacy laws, including by implementing contractual safeguards and only disclosing personal information where it is necessary for the services they provide to us.

1. AUTOMATED DECISION-MAKING

We use automated systems and AI‑powered tools within the Platform to assist with generating teaching plans, aligning activities to curriculum codes and providing learning suggestions and other supporting information. These tools use the information you input into the Platform (such as your children's learning profiles and activities) to generate suggested content. These outputs are intended as general support only and do not make binding decisions about you or your children. You remain responsible for reviewing any AI‑generated content and making your own decisions about your children's education.

If you have any concerns about our use of automated tools in connection with your personal information, you may contact us using the details set out below.

1. SECURITY

We take reasonable steps to ensure your personal information is secure and protected from misuse, interference, loss and unauthorised access, modification or disclosure. Our information technology systems are password protected and we implement a range of administrative, technical and physical safeguards, including role‑based access controls, encryption in transit, secure hosting with reputable providers and centralised logging and monitoring where appropriate.

Data collected via the Platform is stored on secure servers managed by our development and hosting partners (including Yuldi and related hosting providers) and is treated with care to reduce the risk of data breaches.

We maintain a data breach response process designed to help us promptly identify, assess and respond to any suspected or actual data breach. Where required under the Notifiable Data Breaches scheme in the Privacy Act 1988 (Cth), we will notify affected individuals and the Office of the Australian Information Commissioner.

However, no method of transmission over the internet or electronic storage is completely secure and we cannot guarantee the absolute security of your personal information.[file:3]

1. LINKS

Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

1. REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION

If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe. 

You may also request that we delete personal information that we hold about you where it is no longer required for the purposes for which it was collected, subject to any legal obligations we have to retain certain information.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

1. data retention

We retain your personal information for as long as your account is active and for a reasonable period thereafter in order to operate the Platform, comply with our legal obligations, resolve disputes and enforce our agreements.

If you choose to cancel your subscription or delete your account, we will generally implement a 'soft delete' of your account, meaning that your account will be deactivated and your data will no longer be visible to other users but will be retained in our systems for approximately 12 months before being permanently deleted or de‑identified, unless we are required by law to retain it for a longer period (for example, for tax or auditing purposes). 

During the soft‑delete period, you may contact us to request reactivation of your account. After the retention period has expired, we may be unable to recover your information. 

Before closing your account, you may wish to export or download copies of your educational records and portfolios for your own records, as these may not be recoverable after permanent deletion.

You may also choose to share your educational records or portfolios with third parties (for example, by exporting or sending them), and you are responsible for deciding who you share this information with.

We may retain certain transaction and subscription records (for example, payment history) for longer periods where required by law.

1. COMPLAINTS

If you wish to complain about how we handle your personal information or believe your privacy has been seriously invaded, please contact us using the details provided below with your name and contact details. We will investigate your complaint promptly and respond within a reasonable timeframe.

We aim to investigate and respond to privacy complaints within a reasonable timeframe (generally within 30 days). If you are not satisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Further information is available at www.oaic.gov.au.

1. CONTACT US

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Addressee: Privacy Officer, Enzi Australia ATF Enzi Family Trust

Email: hello@enziaustralia.com 

Our privacy policy was last updated on 31 March 2026.