Terms & Conditions
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1.1 In these Terms and Conditions:
(a) “this website” means www.engageselect.com.au;
(b) “we”, “us” and/or “EngageSelect” means EngageSelect ; and
(c) “you” and/or “user” means any user of this website and or any purchaser of any goods and/or services in any way connected with this website.
1.2 This website is owned and operated by EngageSelect.
2. Acceptance of Terms and Conditions
2.1 Your access and use of the website and all associated services [“Services”] is conditional on your acceptance of and compliance with these Terms and Conditions.
2.2 You shall be deemed to have agreed to the Terms and Conditions by your continued use of and/or continued access to this website.
2.3 EngageSelect may amend these Terms and Conditions at any time by posting amended terms of business on this website.
2.4 You shall be deemed to have notice of any changes to these Terms and Conditions immediately any change is adopted by EngageSelect and whether or not you had actual notice of any such change and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.
3.1 The Services available on this website assist users in reviewing, comparing and selecting software and related products and/or services that are relevant to their needs. In order to offer certain Services at no cost to users, we may receive fees from participating services partners, vendors and service providers for generating referrals and qualified leads, and earn a commission for sales that occur via the website. In addition, EngageSelect may earn fees from any of these parties for marketing services and promotion of their products and services.
3.2 EngageSelect has carefully selected participating products and services on the basis (in our view) that they offer good quality, functionality, and other important benefits. Please be aware, however, that the participating products and services do not constitute a comprehensive set of all products and services available.
3.3 EngageSelect is not the developer of any of the software listed on this website.
4. Acceptable Use
4.1 You may only use this website for the purposes of:
(a) identifying, researching, purchasing, comparing, investigating, or other similar actions related to the potential purchase of software or services for your organization or your clients;
(b) for contributing your genuine experiences as a user, customer, or relevant expert in relation to the software or services listed on the website; or
(c) as a participating vendor or service provider by agreement with EngageSelect.
5. Intellectual Property
5.1 All material on this website including but not limited to text, names, logos, images, graphics, photographs, sound, video, code, software and/or embedded content (whether or not subject to copyright, trade marks and/or any other intellectual property rights (including all moral rights) [“Digital Content”] remains the property of EngageSelect or the relevant third party which contributed such material to this website (where acknowledged).
5.2 You grant to EngageSelect an irrevocable, non-exclusive, perpetual, royalty-free licence to use, re-use, alter and/or display any Digital Content provided by you and you acknowledge and agree that EngageSelect may:
(a) use, re-use, alter and/or display any Digital Content for future commercial, marketing and/or self-promotional purposes; and/or
(b) sub-license any rights under this clause to any other third party.
5.3 You represent and warrant to EngageSelect that any Digital Content you provide to EngageSelect:
(a) is either owned by you or that you have the owner’s written permission to use the Digital Content;
(b) is not defamatory or false to any product, service, person or corporation;
(c) is not offensive, harassing, misleading and/or deceptive;
(d) does not contain any code which may be harmful to EngageSelect, this website and/or any users of the website;
(e) does not contain advertising, promotional or marketing information of any other third party;
(f) is not “passing off” as any other product or service and/or constitutes unfair competition; and/or
(g) does not infringe any intellectual property rights including but not limited to any copyright, trade marks, moral rights and/or business names and is not in breach of any confidence.
5.4 You acknowledge and agree that EngageSelect:
(a) has limited control over and is not responsible for any Digital Content placed on this website by any party;
(b) has no control over and is not responsible for any Digital Content placed on any websites linked to this website;
(c) may remove any Digital Content from the website at any time without ramification; and/or
(d) shall be entitled to rely on the accuracy of all information provided by any party on the website without independently verifying it.
5.5 Trademarks and/or patents in use by EngageSelect including but not limited to EngageSelect, www.engageselect.com.au, “Compare, Select and Buy Business Software”, the EngageSelect logo and all algorithms in use by EngageSelect from time to time remain the exclusive property of EngageSelect.
5.6 Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
5.7 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
6. Restrictions on Use
6.1 EngageSelect reserves the right to change or discontinue any feature of this website. You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained on this website, unless expressly authorised in writing by EngageSelect.
6.2 You may not use any of the information on this website for the purposes of sending or distributing SPAM emails and/or any other form of unsolicited correspondence without the prior written consent of EngageSelect.
6.3 This website is only available to and may only be used by persons who are able to form legally binding contracts. Without limiting the foregoing, this website is not available to and may not be used by persons under 18 years of age.
6.4 EngageSelect reserves the right in its sole discretion to prohibit or restrict access to this website to any person.
7.1 You shall not do or permit any act or thing directly or indirectly that has the effect of:
(a) interfering in any way with this website, any business or activity of EngageSelect and/or the activities of any member or user of this website; and/or
(b) copying, modifying, using and/or damaging any part of the software or code of this website.
7.2 You agree to notify us immediately you become aware of any damage to the website being sustained or threatened.
7.3 You shall not do or permit any act or thing directly or indirectly that has the effect of exposing this website or EngageSelect to any:
(a) malicious and/or damaging code;
(b) computer viruses, trojan horses, worms and the like;
(c) tracking, monitoring or spyware programs; and/or
(d) software which may effect any financial transaction and/or compromise the security of the website.
8. Third Parties
8.1 If you use this website to submit requests for or on behalf of a third party [“Third Party”] then you:
(a) are responsible for any error in the accuracy of information provided in connection with such use; and
(b) shall inform any such Third Party of these Terms and Conditions.
8.2 You are directly responsible for any obligations or fees owing to EngageSelect that may arise and you indemnify EngageSelect accordingly.
9.1 This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.
9.2 Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
9.3 You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
10. Disclaimer and Indemnity
10.1 EngageSelect makes no representation(s) and/or warranties:
(a) in respect of the accuracy, reliability, completeness or timeliness of any Digital Content contained in this website; and/or
(b) that this website will operate free from error or that this website and/or its host server are free of computer viruses and other harmful effects.
10.2 You acknowledge and agree that all Digital Content on the website may contain errors and/or omissions and that you rely on and use any such material and/or information strictly at your own risk.
10.3 EngageSelect makes no warranty with respect to any Digital Content on this website and you acknowledge and agree that to the fullest extent permitted by law all warranties whether express or implied by law and/or in any way relating to the use of, reliance on, access to or non-access to this website are by this clause expressly excluded.
10.4 EngageSelect shall not be responsible nor liable for:
(a) paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences;
(b) any failure to comply with any special requirements of you or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or services or otherwise);
(c) any loss or damage arising out of any failure by EngageSelect to meet any time stipulation required by you; and/or
(d) supporting the services with advice, training, error correction, modification and/or installation of updates, new releases enhancements and/or otherwise.
10.5 EngageSelect shall not be liable for any goods and/or services:
(a) utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or
(b) manufactured and/or supplied by any other party.
10.6 You agree to:
(a) check for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application of all goods and/or services;
(b) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by EngageSelect and/or by any Vendor; and
(c) act in accordance with good practice at all times.
10.7 Except to the fullest extent permitted by law EngageSelect, its directors, officers, employees, agents, suppliers and/or any third parties mentioned on this website shall not be liable for any loss and/or damage (including, without limitation, incidental and consequential damages and/or lost profits) resulting from your use of, access to and/or inability to use and access this website and/or Digital Content.
10.8 You indemnify EngageSelect and/or its directors, officers, employees, agents and/or, suppliers from any and all damages (including legal costs on an indemnity basis) sustained as a result of any breach by you of these Terms and Conditions.
11. Termination and Breaches
11.1 The Terms and Conditions are effective until terminated by EngageSelect.
11.2 EngageSelect may proscribe your access to this website at any time without notice in which event, you shall no longer be authorised to access this website and all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions shall survive.
11.3 On default or breach of any part of these Terms and Conditions by you EngageSelect may inter alia terminate any contract, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party.
(a) you agree not to commence or continue or permit to be commenced or continued through you any suit or action against EngageSelect while you are in default under any part of these Terms and Conditions or in any of your dealings with EngageSelect.
(b) you agree to indemnify EngageSelect for all fees and expenses payable to solicitors, mercantile agents and other parties acting on behalf of EngageSelect in respect of anything instituted or being considered against the you whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis).
(c) EngageSelect may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as EngageSelect in its discretion deems appropriate.
12. Governing law
12.1 These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria as nominated by EngageSelect from time to time.
13. Registered Users
13.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
13.3 We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Last updated: 12 June 2016