By using this Website, you hereby agree to the following:
- You hereby represent and warrant that you are over the age of 18 years and have the power and authority to bind yourself to these Terms
- You will be solely responsible for any and all taxes in relation to all such transactions.
Payment Terms and Taxes
You hereby agree that, by availing the Services offered therein, you shall be liable and responsible for making any and all payments for services you avail pursuant to such registration. All remittance transactions for purchasing the products will be subject to such applicable payment gateway charges as levied on the remitter by the payment gateway service provider.
YOUR INFORMATION AND WEBSITE CONTENT
You represent that all of the information, data and other materials you provide on this Website or to Engaged Strategy through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. Engaged Strategy will not be responsible or liable for any false or inaccurate information provided by you.
All content that you see or read on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (collectively referred to as “Content”) are the exclusive property of Engaged Strategy and its licensors and partners and are protected by copyright, trademark and other applicable laws. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or for any personal and non-commercial use. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page in the form and manner as provided below:
Copyright ©Engaged Strategy Pty Ltd. All rights reserved.
By using this Website and/or by registering on this Website, you hereby expressly authorise Engaged Strategy to act as your duly authorised agent in all matters connected with the Services provided through or by using the Website.
You agree and acknowledge that this Clause constitutes a legally binding contract between you (i.e. the registered client) and Engaged Strategy.
USE OF WEBSITE
Engaged Strategy grants to you a limited license to access and make personal use of this Website. Engaged Strategy or its licensors or content providers retain full and complete title to the Content available on the Website, including all associated intellectual property rights, and provide this Content to you under a license that is revocable at any time in Engaged Strategy’s sole discretion. Engaged Strategy strictly prohibits any use of the Content available through the Website, including but not limited to: (i) any downloading, copying or other use of the Content or the Website for purposes competitive to Engaged Strategy or for the benefit of another vendor or any third party; (ii) any caching, unauthorized linking to the Website or the framing of any Content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content, products or services obtained from the Website that you do not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in Engaged Strategy ’s sole discretion) an unreasonable or disproportionately large load on Engaged Strategy ’s infrastructure, or damage or interfere with the proper working of our infrastructure. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Engaged Strategy.
Engaged Strategy reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Engaged Strategy neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated with Engaged Strategy. Termination of your access or use will not waive or affect any other right or relief to which Engaged Strategy may be entitled, at law or in equity.
REGISTRATION ON WEBSITE
Engaged Strategy may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Engaged Strategy deems appropriate in its sole discretion. Engaged Strategy also reserve the right, in its sole discretion, to take steps to verify your identity to process your order. Engaged Strategy will either not charge you or refund the charges for orders that we do not process or cancel.
Engaged Strategy, strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. Engaged Strategy reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, Engaged Strategy will notify you by email. In addition, Engaged Strategy reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Taxes collected are collected on behalf of the seller of record.
FUND TRANSACTION AND ACCOUNTABILITY
The website offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:
Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by Sellers or the Registrants, who are the final recipient of funds.
Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise its target amount
Your use of this website is at your sole risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time. Engaged Strategy disclaims any warranties that access to the website will be uninterrupted or error-free; that the website will be secure; that the website or the server that makes the website available will be virus-free; or that information on the website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the website shall create any warranty of any kind.
LIMITATION OF LIABILITY
You acknowledge and agree that you assume full responsibility for your use of the website and/or for use of your Engaged Strategy account, communications with third parties, and purchase and use of the products and services available through the website. You acknowledge and agree that any information you send or receive, and/or use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Engaged Strategy nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this website, or any other website or resource you access through a link from this website; (2) any action we take or fail to take as a result of communications you send to us; (3) your Engaged Strategy account or any termination or cancelation of your account; (4) any products or services made available or purchased through the website, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the website or any information, products or services advertised in or obtained through the website; (6) the modification, removal or deletion of any content submitted or posted on the website; or (7) any use of the website, whether based on contract, tort, strict liability or otherwise, even if Engaged Strategy, its licensors, suppliers or third party content providers, have been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked website or resource. this disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. you specifically acknowledge and agree that neither Engaged Strategy nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the website. Your remedy for any of the above claims or any dispute with Engaged Strategy is to discontinue your use of the site. You and Engaged Strategy agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Engaged Strategy’s maximum aggregate liability under this agreement shall be AU$100. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojanhorses, or the like (regardless of the source of origination).
The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
Engaged Strategy has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by Engaged Strategy of these websites. Your linking to any other pages or websites is at your own risk. You agree that Engaged Strategy will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.
When you use the Website or send emails to firstname.lastname@example.org you are communicating with Engaged Strategy electronically. You consent to receive electronically any communications related to your use of this Website. Engaged Strategy will communicate with you by email, or via telephone or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Engaged Strategy intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Engaged Strategy and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Engaged Strategy or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.
You may receive a password in connection with your use of this Website under certain specific services provided by Engaged Strategy. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Engaged Strategy immediately. Engaged Strategy may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.
ELECTRONIC DELIVERY, NOTICE POLICY AND YOUR CONSENTE
By using the Website, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.
Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration.
All proceedings of such arbitration shall be in the English language.
India: The place/ seat of the arbitration shall be Bangalore and the courts of Bangalore, India shall have exclusive jurisdiction over the arbitration proceedings.
Rest of the world: The place/ seat of the arbitration shall be Brisbane and the courts of Queensland, Australia shall have exclusive jurisdiction over the arbitration proceedings.
The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India and Australia accordingly as mentioned above.
The arbitration shall be conducted before a sole arbitrator appointed by Engaged Strategy:
Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and
The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.
Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
INTEGRATION AND SEVERABILITY
August 8th, 2022