1. Summary of Terms of Use

We recommend you read the full Terms of Use, but here is a quick summary of the important points – however the full Customer Terms of Use still apply:

  • These Terms apply to our websites, games and applications (collectively, the Platform) and if you or your parent or guardian do not agree to the Terms of Use, then do not use the Platform. By using the Platform you agree to the Terms of Use;
  • If you are under 18 years of age, you must obtain consent from your parent or guardian to access and use the Platform and you must not provide any information about yourself unless your parent or guardian has given you their permission.
  • Our online and in-application games are generally made available during development and may contain errors or bugs;
  • You are not allowed to re-distribute, or reproduce any of our intellectual property, including but not limited to our games, characters or worlds;
  • Do not make commercial use of anything made available to you on our Platform without our permission;
  • You may view some cool video content through our Platform, but these videos are performed by professionals, with many years of experience. We recommend that you don’t try to replicate these videos at home. If you do choose to try, make sure you get your parent’s permission first. Attempting any similar stunts, is entirely at your own risk.
  • If you choose to participate in any of the fitness events or challenges organised or promoted by Elanation, it is your responsibility to ensure that you are physically capable to do so. If unsure, we recommend that you consult with your parents, or a doctor, to check that you are in suitable health to undertake the intended exercise. Participation in these fitness events and challenges is voluntary and entirely at your own risk.

2. Acceptance of the terms of use

These Terms of Use cover the way that you may access and use Elanation Pty Ltd’s 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.

If you are under 18 years of age, you acknowledge and agree that you may only access and use the Platform and the related services with the consent of, a parent or guardian. Both you and your parent or guardian must agree to be bound by these Terms of Use, as may be modified from time to time, before accessing or using the Platform. If you don’t agree to these Terms of Use, then do not access or use our Platform, or allow the person under your care or supervision to access or use the Platform.

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

3. Account registration

This Platform is designed for users between the ages of 8 and 18. If you are outside this age range we reserve the right to cancel, delete, or terminate your registration at any time.

If you have permission from your parent or guardian, you may create an account in order to access and use the many features of the Platform. If you choose to register an account, you will need to provide use with some basic information. All details given to us in the registration process must be correct and complete. If you deliberately tell us something that is not true, we may cancel, or suspend your registration. You must update your registration details if they change for any reason or become out of date. If you don’t register with us, you may not be able to use all the features of our Platform. You will be required to create a username and password during the registration process which will be used to “log in” to the Platform (this information is your Login, as amended from time to time). We encourage you to avoid using personal details (such as your name or date or birth) in your username and password.

Any activity undertaken on the Platform using your Login will be your responsibility, so please take care to safeguard your Login information and do not provide details or reveal your Login to any other person. Our staff will never ask you to disclose your password to any person. You may change your password at any time by following the instructions on the Platform. You should change your password if you think someone other than you knows what it is. Elanation cannot be held responsible if someone uses your password to do something on our Platform that you don’t like, or causes you harm. You, or your parent or guardian, must notify us as soon as possible, in the event of any known or suspected unauthorised use of your Login.

The Elanation Loyalty card number that is provided when you purchase access to our Platform is important and should be kept in a safe place. If lost, please contact us.

4. License to use the platform

Provided you comply always with these Terms of Use and any additional registration requirements, we grant you a non-exclusive, non-transferable, personal licence to use and access our Platform. This is a personal licence that is granted to you, so you cannot give it to anyone else. As between you and us, we own or are licensed to use, all rights in the Platform and all content included on it, including without limitation copyright in the software and data comprising the Platform and in all codes, algorithms, codes, calculations, text, images, diagrams, layouts and Our trademarks, are owned or licensed by Us (Our Materials) but we are giving you permission to use it. These Terms of Use do not transfer any ownership of any intellectual property rights in the Platform to you. You may not use, rent, lend, lease, sell, sublicense, distribute, commercialise or otherwise transfer the Platform or any part of the Platform or any copy, modification, translation or adaptation of the Platform in whole or in part except as permitted by law or expressly set out in these Terms of Use. Except as permitted under the Copyright Act 1968 (Cth), you must not adapt, transmit in any form by any process whatsoever, reverse compile, reverse assemble, disassemble, reverse engineer or otherwise attempt to discover source code or other arithmetical formula or processes in respect of all or any portion of the Platform, including the software underlying the infrastructure and processes associated with the Platform.

As referenced in the Brand and Asset Guidelines, we permit users of Elanation’s Platform, to post and share videos or photos of you playing our games online, as long as you:

  • do not use any branding for a commercial purpose, without our prior written consent;
  • do not use the Brands of Elanation as your primary name (e.g. Elanation Fanpage is unacceptable, but Henry’s Unofficial Elanation Fanpage would be OK);
  • do not make people think that you or what you are doing is ‘official’, approved or endorsed by us; or associated or connected with us, unless otherwise agreed with us in writing;
  • do not use our Brand in a way that is unlawful, deceptive, offensive, harmful, or disparaging;
  • do not take any action that would damage or harm our Brand; and
  • ensure that you sufficiently differentiate the use of any name or branding material that you use from any of our brands.

If you are unsure, please contact us and we can provide further guidance info@elanation.com

If you choose to contact us, please ensure that you take the necessary steps to secure your privacy. Online safety is important for everybody.

5. Termination of access to and use of the platform

If you breach the Terms of Use, we may cancel your licence to access and use the Platform. We reserve the right to terminate, suspend, limit or withdraw your access to, and use of, the Platform, in our absolute discretion, , if we deem it necessary for any reason including (but not limited to) any security, technical, maintenance, legal, operational or regulatory reason. Upon termination or suspension of your access to the Platform, we may immediately deactivate your Login and all related information and files and prevent any further access to such information, files or the Platform. All rights granted by you in favour of us will survive the termination of these Terms.

6. Your obligations

In connection with your use of our Platform you shall abide by all applicable laws.

You have an obligation to not attempt to, or to actually hack, deconstruct, or change our Platform at all. You must not (either yourself or through any third party):

  • use any information on or accessed through the Platform for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
  • use any device, software or process to interfere or attempt to interfere with the proper working of this Platform;
  • use the Platform in connection with any requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Platform;
  • use any code, content, data mining, robots or similar data gathering and extraction tools in connection with the Platform;
  • upload viruses, malicious code, trojans etc that may affect us, or any of our users;
  • bypass any measure we have used to prevent or restrict access to the Platform, any part of the Platform or any other software, systems or networks connected to the Platform, this includes cheating or “gaming” the Platform to advance your progress; or
  • do anything that could disable, overburden, or impair the proper working of the Platform.

Please don’t use our Platform in a way that we may think is illegal, immoral, offensive or makes other people uncomfortable. This includes when you create your Login. We don’t want our Platform used in a way that upsets people. We will not tolerate any communications on our Platform, including pre-text messages that may be considered offensive, threatening, discriminatory, or that bully, intimidate, defame or harass any other person. We may suspend, terminate or cancel your access or use of the Platform if you are in breach of any of these Terms of Use.

As your licence to use is personal, you cannot use our Platform for commercial purposes. The games, characters, names, worlds and galaxies included in the Website are the property of Elanation. You are not permitted to reproduce any of this property, in any format, for any purpose.

While accessing or using the Platform you may see content that is produced by professionals. We recommend that you do not try to recreate this content at home. If you do try to perform these activities you do so at your own risk, and Elanation is not responsible for any injury or damage caused to you, others, or any property as a result. We recommend you discuss with a parent or guardian prior to attempting to re-create any content you have seen on, or accessed through our Platform.

If you choose to participate in any Elanation fitness events or challenges you acknowledge and agree that participation in the event is voluntary and entirely at your own risk. If you are unsure, we recommend that you consult with your parent or guardian, or a doctor before you undertake any exercise program. It is your responsibility to ensure that you are physically capable of participating successfully in the event. Elanation cannot accept responsibility for any injuries or health issues that arise out of participation in any of our events or for activity undertaken to interact with our Platform.

7. Chat and other forums

We allow our users to express themselves and their opinions on our Platform through chat or other forums. While we may restrict the chat feature to pre-defined text phrases that can’t be edited, this doesn’t mean those thoughts in the chat or other forum represent Elanation, or reflect our views and we cannot be held responsible for how other people may post these on our Platform, or how they may be interpreted.

You should be aware that comments made in the chat or other forum are made in the public domain and therefore could be seen by others and be attributed to your username. Please be careful and remember that when online think carefully before sharing any personal information in a public forum. You should be aware that some administrative personnel of Elanation may, in the course of their regular duties, have access to chat and other forums for technical or operational reasons.

8. Privacy and use of your data

Our Privacy Policy is set out on the Platform and applies to you and your sites of the Platform. You acknowledge that you have read the Privacy Policy and consent to the handling of your personal information as described in the Privacy Policy.

9. Liability and governing law

These Terms of Use are governed by the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales, Australia and of courts entitled to hear appeals from those courts, to resolve any dispute arising or under or in connection with these Terms of Use.

These Terms of Use do not exclude, restrict, modify or otherwise affect any legal rights you may have under any law that applies to you (including the Australian Consumer Law (ACL) and consumer guarantees relating to goods or services under the ACL) which cannot be excluded, restricted or modified by agreement (Your Consumer Rights). Nothing we say in these Terms of Use will affect these statutory rights. If we say something in contradiction to the statutory rights that apply to you, then the statutory rights will prevail over that part of the Terms of Use in contradiction to your rights. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State and Territory fair trading authorities.

Subject to Your Consumer Rights:

    1. in circumstances where your loss was contributed to by you or any other matter outside of our reasonable control, to the extent permitted by law we disclaim or limit any liability to you;
    2. we make no warranty or representation as to the accessibility, security, stability, or reliability of the Platform and we are not liable if for any reason you cannot access the Platform at any time;
    3. we disclaim all liability for any damage, loss, costs or expenses suffered or incurred, whether as a result of your breach of these Terms of Use, as a result of any transmission of any virus or other harmful code, or as a result of any service interruption, fault or failure, including one that impacts on the accessibility, security, quality, timeliness, fitness for purpose, service interruptions or reliability of any communications made using the Platform; and
    4. you agree to indemnify us and hold us harmless against all costs, losses, expenses, liabilities and damages incurred by any party relating to claims arising out of your unauthorised use of the Platform, your failure to comply with applicable laws or regulations, or a breach by you of these Terms of Use.

10. Operation and maintenance of the platform

Subject to applicable law, your access and use of our Platform is provided on an “as is” and “as available” basis only. This means that we do not guarantee the standard and quality of our Platform and content to be free of errors, or that you can access it uninterrupted at any time.

Speed and reliability of the Platform may vary depending on many factors, including the capability and functionality of the device you use to connect to the Platform, the amount of traffic and general congestion on the Internet; and the location of your device. We will use reasonable efforts but are not obliged to rectify any malfunctions, faults, issues or problems with the Platform from time to time

The Internet is an inherently insecure communication platform. We do not guarantee the security of the Platform at any given time. Your access to and use of the Platform is solely at your own risk.

We do not warrant that any information, data, software or other material accessible through or by using the Platform is free of computer viruses, Trojan horses, worms, or other computer programs, code or other harmful components. You must ensure that the device used to access the Platform is protected by up-to-date anti-virus software. Elanation are not responsible for any losses you may suffer as a result of using our Platform. This includes and direct, indirect, incidental, special, punitive or consequential loss or damage that may result from the use of, or inability to use the Platform.

Any third party links to other websites or content are provided on an “as is” and “as available” basis for convenience only. This means we have not checked them, or whether they are suitable for you, but we think they will be of interest to you. You should make your own enquiries to ensure that they are suitable and this includes checking any terms or privacy policies of the third party. We cannot be responsible for the third party websites linked to or accessed from Our Platform. At any time, we may make available upgrades, updates and patches to, or new versions or releases of the Platform, all of which will be governed by these Terms, unless such upgrade or update is accompanied by separate terms, in which case those terms will govern the upgrade.

11. Purchases on the platform

The purchase of any hardware purchased on or through our Platform is governed by the Product Sale Conditions which can be accessed on the Platform. Any in app purchases from our Platform are processed by and restricted by the terms of Apple, Google or any third party host.

Charges for using the Platform:

Subject to Your Consumer Rights, you (or your parent or guardian) will be charged and agree to pay the costs for accessing and using the Platform according to the pricing and payment methods set out on our Website, which are subject to change from time to time, and at our discretion. Subject to applicable law, if an item has been advertised with an incorrect price, we reserve the right to not accept orders for that item, and refund any payments made for that item at the incorrect price. Payment must always be in the currency as shown on our Website, but your payment provider should be able to convert this to your currency if necessary.

You are responsible for any incidental costs related to the purchase and use of our Platform, such as data access, usage fees, and internet and mobile phone costs.

12. Third party information and services

From time to time Elanation will present you with or provide access to third party offers and events, which may be available on or via the Platform but which is not supplied, maintained or operated by Elanation. If you choose to participate in these third party offers and events, you will be re-directed to a third party website through a link in order to finalise things such as registration, quantity, and payment. When this occurs, you will be transacting with the third party. Please be aware of when this occurs as you will need to make sure you are familiar with, and agree to the third party’s terms and conditions. Despite their role in promoting the offer or event, Elanation is not responsible for any purchases made with or through a third party, nor can it be responsible for the websites, apps, content or policies of that third party. We disclaim all liability in respect of all such third party offers, events and transactions.

13. Refunds and Returns

If you can’t use a product, including an application or game, purchased on our Platform, please let us know at info@elanation.com and we will attempt to correct this for you.

Subject to applicable law, once an order has been placed and the items delivered to you, either physically or electronically, you shall not be entitled to cancel the order. There are no refunds for change of mind purposes. Our third party partners put some controls in place to try and prevent unauthorised purchases. Any in-app purchases from our Platform are processed by and restricted by the terms of Apple, Google or any third party host.

You, or we, may cancel your access to and use of the Platform at any time under these Terms of Use in accordance with section 5. Should we do this and subject to Your Consumer Rights, there are no refunds of purchases made on or through our Platform. When your right to access and use our Platform terminates, your rights under these Terms of Use also terminates.

14. Competitions and promotions

Sometimes we will run competitions or promotions on our Platform. If we do, the main rules of the competition or promotion are below. There may be other rules which apply to a specific competition or promotion, but if they do then we will provide them at the time you are notified about the competition or promotion.

By participating in a competition or promotion, you agree that your participation is voluntary, you do so at your own risk, and you agree to be bound by the general obligations set out in these Terms of Use and any specific terms of that competition or promotion.

    1. You agree not to cheat or otherwise try to gain an unfair advantage in the competition or promotion.
    2. Only one entry per person and entry is only available to residents of the location the competition or promotion is being offered to. Employees (and their immediate families) of the promoter are not eligible to enter any competition or promotion.
    3. Any prizes offered are to be accepted by the winner “as is” and cannot be transferred to another party, or redeemed for cash or other monetary consideration.
    4. Any incidental expenses of the winner required in order to use or accept the prize are the responsibility of the winner.
    5. The decision of the promoter (Elanation) is final and no correspondence will be entered into;
    6. If the winner does not claim their prize within 30 days the prize is forfeited, and we reserve the right to award the prize to another participant.
    7. By participating in a competition or promotion run by us, you agree we are able to promote and publish your username relating to your account if you are the winner of the competition, and we may ask you for comments to use in the promotion of the results of the competition. You are not obliged to provide any comments.
    8. If the promotion relates to purchases on or through the Platform, you can only use one promotion at a time, and you can’t use a promotion with any other offer.
    9. Discounts are not refundable, are only valid until the date specified, and only apply to purchases through the Platform.

To the extent of any inconsistency between specific rules relating to a competition or promotion and these Terms of Use, the specific rules will take precedence.

15. Changes to terms of use

We reserve the right to make changes to our Terms of Use at any time. These changes may reflect changes in the law, our practices, or features of our products or the Platform. The changes will be effective immediately upon publication, therefore please check back here to ensure you are up to date on the most current terms. If there are material changes to the Terms of Use, we will endeavour to notify you by posting a news item on our Platform. If you are under the age of 18 years, please ask your parent or guardian to review the amended terms. If you (or your parent or guardian) do not agree to the changes then please do not continue to access or use our Platform. By continuing to use the Platform after any changes, you agree to the updated Terms of Use.

16. Feedback and suggestions

We love hearing feedback and suggestions about our Website, as we are always looking for ways to improve our Website. Please contact info@elanation.com. However, if you come to us with a suggestion then that suggestion is made for free and we have no obligation to accept or consider it. We can use, or not use your suggestion in any way we want and you have no rights to any recognition or payment for the suggestion.

These Terms of Use were last updated on 04th October 2016