Website Usage Terms & Conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
TERMS AND CONDITIONS FOR ENTERING A PROMOTION USING THE ENGAGESCIENCES APPLICATION.
To enter any Promotion using the EngageSciences application you will need to:-
- accept that these terms and conditions govern your use of this Website and the Software.
- complete the Entry Form and accept the Promoter’s terms and conditions which you can access via the links on the Entry Form or via the Promoters website.
If you do not agree to any of these or the Promoter’s terms and conditions, you may not enter into the Promotion and should leave this Website or the Software.
Please note that these terms and conditions may change from time to time and notice of such changes will be given by posting such changes on this Website and updating the Effective Date and such changes will apply to any subsequent use which you make of the Service.
In this Agreement, the following terms shall have the following meanings:-
“Content” – content posted on a website.
“Effective Date” - the date set out above on which this set of terms and conditions entered effect.
“Engage” – Engage Software Limited.
“Entry Form” – the entry form for the Promotion.
“Intellectual Property Rights” – all copyrights, patents, registered and unregistered design rights, database rights, domain names, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
“Promoter” – the commercial entity running the Promotion details of whom are set out on the Entry Form.
“Promotion” – the promotion into which you can enter via this Website, or via the EngageSciences application which can be accessed via the Promoters Website or Facebook Page.
“Registration Details” – the details you must provide on registering on this Website or via the EngageSciences application for the Promotion which can be accessed via the Promoters Website or Facebook Page.
“Service” - the provision of the Software application and this Website by Engage to enable entry into the Promotion.
“Software” - the EngageSciences software program provided by Engage to enable you to enter into the Promotion.
“Unacceptable Content” – Content which under the laws of any jurisdiction from which the Website or software application may be accessed may be considered either:-
- illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, inaccurate, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
- to contravene legislation, including without limitation, that relating to weapons, animals or alcohol;
- to harm Engage’s or the Promoter’s reputation.
“Website” – http://engagesciences.com/ or the Promoters website or Facebook Page where the Promotion is displayed.
“Website Content” – Content on this Website or the Promoters website or Facebook Page where the Promotion is displayed which has not been posted by you.
“Your Content” – Content on this Website or entered or uploaded to the EngageSciences software application which has been posted by you, including, without limitation, your Registration Details.
- You warrant, represent and undertake in relation to all of Your Content that no such Content shall be Unacceptable Content and that you have obtained full and effective licence(s) from any relevant third parties allowing you to post such Content on the Website and to permit its dissemination worldwide.
- You recognise and accept that you bear sole responsibility for Your Content and you hereby indemnify and hold harmless both Engage and the Promoter in the event that Your Content is Unacceptable Content.
- Engage shall retain the right at all times, without any liability in respect thereof, to refuse to provide the Service or any part thereof, including without limitation, refusing to host any Unacceptable Content and removing any Unacceptable Content from the Website.
- Hosting of Your Content on the Website shall not under any circumstances constitute a waiver of any of Engage’s rights in relation to such Content or in respect of any breach of your obligations under this Agreement.
- Where You make or give warranties, representations or undertakings to Engage under the terms of this Agreement, those warranties, representations or undertakings are also made for the benefit of the Promoter who shall be entitled to rely on them.
- You must abide by these terms and conditions and the Promoter’s terms and conditions and hereby indemnify and hold harmless both Engage and the Promoter in respect of the consequences of your failure so to do.
CONTENT AND LINKS
- In respect of all Website Content which is provided by the Promoter or other users of this Website, you agree that you view such Content at your own risk and that the Content is delivered on an “as is” basis and Engage shall not have any responsibility/liability for such Content.
- Engage does not represent or warrant that the information is accurate, complete or current. Engage has no liability whatsoever in respect of any use which you make of such information.
- All conditions and warranties whether express or implied, statutory or otherwise, which relate to the condition or fitness for any purpose of the Content or any part thereof or to the care or skill with which the Content or any part thereof has or should have been (or, as the case may be, will or ought to be) prepared are hereby expressly excluded.
- Engage is not responsible for the direct or indirect consequences of you linking to any other website from this Website or from the Promoters Website or Facebook Page and does not endorse any Content on any such website.
- Engage reserves the right to remove any of Your Content without notice or explanation in its absolute discretion and you acknowledge and accept that Engage will not have any liability to You in respect thereof.
- Engage does not warrant the compliance of the Website Content or the Promotion with the laws in force in the jurisdiction in which you are located and it is your responsibility to ensure that any access to such Content or entry into such Promotion is in compliance with such laws and you hereby indemnify and hold harmless both Engage and the Promoter in respect of the consequences of such access and entry.
- You must provide accurate Registration Details and it is your responsibility to notify Engage and the Promoter of any changes to them during the course of a Promotion by sending an email to
- the Promoter or to firstname.lastname@example.org.
- You hereby warrant to Engage and the Promoter that you are at least 18 years of age and legally able to accept these terms and conditions and those of the Promoter and participate in the Promotion.
- Your Registration Details and data relating to your use of the Website will be recorded by Engage and shared with the Promoter but this information shall not except to the extent set out herein be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Promotion, other than to notify you of other Promotions that may be of interest.
- Engage may send a small file to your computer when you visit the Website. This “cookie” will enable Engage to identify your computer, track your behaviour on the Website and to identify your particular areas of interest so as to enhance your future visits to the Website. You can set your computer browser to reject cookies but this may affect or preclude your use of certain parts of this Website and your participation in the Promotion.
- You hereby authorise both Engage and the Promoter to use any information which you submit to this Website or via the EngageSciences software application to manage your participation in the Promotion, inform you of other promotions and for other marketing and related purposes.
- Neither Engage nor the Promoter will use your Registration Details for any other purposes than as set out in this Agreement except that Engage and the Promoter may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
- If you do not wish Engage or the Promoter to use your information as set out in this Clause 4, you should leave the Website or EngageSciences software application before submitting your Registration Details.
- If after supplying your Registration Details, you do not want to receive any further communications from Engage, you should send a message email@example.com and insert “unsubscribe” as the subject heading.
- Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed both by Engage, the Promoter and other companies within their respective groups. Each of the companies authorised to process your information as mentioned above will do so in accordance with these terms and conditions.
- Some of those to whom Engage or Promoter may transfer your personal data (as specified above) are located in countries at present have not been designated as having an adequate system of data protection in place. Whilst your data is outside the UK it will continue to be handled in accordance with this data protection policy. By agreeing to these terms and conditions you will be indicating your consent to the transfer of your data to such countries.
- In the unlikely event that a liquidator, administrator or receiver is appointed over Engage or the Promoter or all or any part of their assets, that insolvency practitioner may transfer your information to a third party purchaser of the business of Engage or the Promoter provided that the purchaser undertakes to use your information for the same purposes as set out in these terms and conditions.
- You may ask Engage whether it is storing personal information about you by emailing Engage at firstname.lastname@example.org and, if you wish [and upon payment of a fee of £10], Engage will provide you with a copy of the personal data it holds about you by email. Engage may ask for proof of your identity before providing any information and reserves the right to refuse to provide information requested if identity is not established.
SERVICE CONTINUITY AND CONTENT ACCURACY
- Engage reserves the right to suspend or terminate your use of the Service or any part thereof where, in Engage’s absolute discretion, it deems such suspension or termination appropriate. In the event of such suspension or termination, Engage will notify you by email and you must not seek to re-register either directly or indirectly through a related entity.
- Engage will not be liable for any interruption to the Service, whether intentional or otherwise.
INTELLECTUAL PROPERTY RIGHTS AND YOUR USE OF THE WEBSITE AND SOFTWARE
- Engage owns all Intellectual Property Rights in the Website and the Software, including without limitation, the design, text, graphics, the selection and arrangement thereof.
- Engage takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst you cannot hold Engage liable in relation to such issues, Engage requests you to report such matters immediately and Engage will inform the appropriate authorities. In such circumstances, Engage will follow the procedures set out at www.engagesciences.com.
- All Intellectual Property Rights in the design, text, graphics, the selection and arrangement of contents of this Website are owned by Engage.
- You may only access and use this Website, the Website Content and the Software in relation to your participation in the Promotion.
- You may not access and use this Website, the Website Content and the Software for any commercial purpose.
- Except as may be permitted by law, You shall not reverse engineer or decompile the Software.
- You must not use this Website or the Software to access any personal data relating to any other user and You indemnify and hold harmless both Engage and the Promoter in respect of the direct and indirect consequences of your actions and omissions in relation to your use of the Service.
- You acknowledge that the ideas and expressions contained in the Software are confidential and you undertake not to divulge such information to any third party and only to use such information as is strictly necessary to enable it to be used in accordance with and for the purposes hereof. You acknowledge that the terms of this clause shall survive the termination for whatever reason of this Agreement.
- This Website is intended for use by those over the age of 18 years. No one under that age should carry out any activity whatsoever based on the information on this Website. If you are under the age of 18 years please leave this Website immediately.
LIMITATION OF LIABILITY
- Neither Engage nor Promoter is liable for any indirect loss, consequential loss or loss of, data howsoever arising suffered by you arising in any way in connection with your use of the Service or for any liability you may have to a third party.
- Engage shall not be liable for ensuring that the Content on the Website is not Unacceptable Content and you use such Content entirely at your own risk.
- Engage is not liable for any failure in respect of its obligations hereunder or the continuity of Service which result directly or indirectly from failure or interruption in software or services provided by third parties.
- None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Engage or its appointed agents.
- No matter how many claims are made and whatever the basis of such claims, Engage’s maximum aggregate liability to you under or in connection with this Agreement or your use of the Service or any part thereof in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1-7.3 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to £1000.
- Engage is not responsible for the direct or indirect consequences of you linking to any other website from this Website.
- Engage does not represent or warrant that the information accessible via this Website or the Service is accurate, complete or current. Engage has no liability whatsoever in respect of any use which you make of such information.
- All warranties, express or implied, statutory or otherwise are hereby excluded.
- Subject to Clause 9.2, this written Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
- In addition to these terms and conditions, the Promoter’s terms and conditions govern the relationship between you and the Promoter.
- If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
- You may not assign or otherwise transfer your rights or obligations under this Agreement.
- Any notice given pursuant hereto may be served personally or by email to the email address you provided as part of your Registration Details or any subsequent email address that you notified to Engage, receipt of which was acknowledged by Engage or in the case of Engage email@example.com, 99 Milton Park, Abingdon, OX14 4RY, United Kingdom. Such notice shall be deemed to have been duly served upon and received when served personally, at the time of such service, when sent by email 24 hours after the same shall have been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
- Neither Engage nor the Promoter shall be liable for any loss suffered by you or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
- Any delay or forbearance by Engage or the Promoter in enforcing any provisions of this Agreement or any of their rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
- This Agreement shall be governed by the laws of England and any claim based on use of information from this Website shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
RETURNS AND CANCELLATION POLICY
- Purchasing a campaign service package or annual subscription via this website, is non refundable.
- Cancellations at any time will not result in repayment.
- If you believe an order has been processed in error please contact firstname.lastname@example.org