Terms & Conditions

Engaged Strategy Pty Ltd: Terms & Conditions

This website and/or its other related information is owned and operated by Engaged Marketing Pty Ltd, (hereafter, “Engaged Strategy ”), offering goods and services via the Website. The terms and conditions (“Terms ”), located at https://www.engagedstrategy.com.au/terms-and-conditions  apply to your use of this Website. Any account you create on the Website and/or product/service you purchase through this Website is governed by these Terms. Your use of this Website constitutes your agreement to these Terms. If you do not wish to be bound by these Terms of Use, please do not use this Website. We may update these Terms of Use from time to time at our sole discretion, and post an updated version of the notice at the URL provided above.

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.

AGENCY

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.

PRIVACY

Further, our use of the Website is further conditional upon your acceptance of and agreement to our privacy policy (“Privacy Policy”). A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Website is located at https://www.engagedstrategy.com.au/privacy-policy/ You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the URL provided above. The Privacy Policy is hereby incorporated herein by reference.

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

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) Submit any other form of authentication required as part of the registration process, in Engaged Strategy’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify Engaged Strategy immediately of any unauthorized use of your Engaged Strategy   account or the Website known to you, whether by you or a third party.

Engaged Strategy may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that Engaged Strategy  determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Engaged Strategy determines, in its sole discretion, that you are using your Engaged Strategy account in a manner not permitted by these Terms of Use, or (4) in other circumstances, as Engaged Strategy deems appropriate in its sole discretion.

PURCHASES

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 attempts to provide accurate descriptions of products and services on the Website. Engaged Strategy does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Website is not as described, your sole remedy is to return the item, as specified in these Terms of Use.

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

DISCLAIMER

Except as otherwise expressly provided in these terms of use, or required by applicable law, Engaged Strategy makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of your Engaged Strategy account, any content on the website, or any products or services purchased through the website, as well as warranties implied from a course of performance or course of dealing.

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.

LINKS

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.

COMMUNICATION

When you use the Website or send emails to enquiry@engagedstrategy.com.au 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.

TERMINATION

You agree that Engaged Strategy may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of Engaged Strategy or any third party, or for any reason with or without notice to you. You agree that Engaged Strategy may modify or discontinue this Website, with or without notice to you. You agree that Engaged Strategy will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Engaged Strategy, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Website.

TRADEMARKS

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.

PASSWORD

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.

FORCE MAJEURE

Engaged Strategy  shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Engaged Strategy. In the event that Engaged Strategy is temporarily unable to ship to you a purchased item because of such an event, Engaged Strategy  will give you the option of deferring shipment or receiving a refund of your charges.

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.

DISPUTE RESOLUTION

If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which the Company is a party (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms.

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.

GOVERNING LAW

These Terms of Use shall be governed by and constructed in accordance with the laws of India and Australia in accordance to the jurisdiction mentioned above. without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore.

INTEGRATION AND SEVERABILITY

These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

MISCELLANEOUS

The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

CONTACT INFORMATION

If you have any questions or comments about these Terms of Use, please contact us by email at enquiry@engagedstrategy.com.au.

EFFECTIVE DATE

August 8^th, 2022