Terms of Use

These Terms of Use apply to all websites, subdomains and ecommerce platforms owned or operated by Bel Castro Industries Pty Ltd ATF Engage Industries trading as Engage and its related companies and affiliate

1. Your acceptance of these Terms of Use

Please read these Terms of Use and Engages's Privacy Policy carefully. By using the Sites you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in these Terms of Use and Engages's Privacy Policy. If you do not agree to these Terms of Use and Engages's Privacy Policy, you must exit the site immediately and discontinue any use of the Sites. If you continue to use the Sites you will be deemed to have agreed to abide by each of the Terms of Use and the Engages's Privacy Policy. Engage may update these Terms of Use at any time by posting updated Terms of Use on the Sites or by sending registered users an email notice of the changes. You should read the Terms of Use and the Engages's Privacy Policy regularly. If any modification is unacceptable to you, you must immediately cease using the Sites. If you do not cease using the Sites, you will be deemed to have accepted the change.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Engage or its affiliates for other products or services.

Your personal information will be collected, used, processed and disclosed in accordance with the Engage Privacy Policy

2.Terms of Sale

These Terms of Use do not apply to any online commercial transaction made on the Sites. All product sales from the Sites are governed by any terms of sale that may be posted on the relevant Site. You should refer to our TERMS OF SALE to learn more about applicable purchase terms and product warranties, our RETURN POLICY, and our SHIPPING TERMS. By ordering and/or accepting delivery of the products, you agree to be bound by our Terms of Sale. Our Terms of Sale are subject to change without prior notice at any time, in Engage’s sole discretion so you should review the Terms of Sale each time you make a purchase.

3.Use and Restrictions.

The Sites may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.

The Sites are provided solely as a convenience to you for your non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. While we use reasonable care and skill to ensure the Sites are free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. Engage is unable to make any warranties or representations that you will be able to access the Sites or that your access will be secure or uninterrupted.

You agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or any Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Submissions or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Engage trademark, logo, Content or other proprietary information (including the images found at the Sites, any text or the layout/design of any page or form contained on a page) without Engage’s express written consent; (i) use any meta tags or any other “hidden text” utilizing a Engage name, trademark, or product name without Engage’s express written consent; (j) defame, abuse, harass, use offensive, explicit or obscene language, or otherwise post a Submission not suitable for general viewing.

Enagage may terminate your permission to use the Sites if you have made any unauthorized use of the Sites. You acknowledge and agree that your unauthorized use of the Sites may also violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

For the purposes of these Terms of Use, "Content" means, collectively, any text, images, graphics, software, source code, object code, apps, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the Sites that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

4. Copyright

The Content on the Sites and the selection and arrangement thereof, are the sole property of Engage and/or its licensors and are protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Engage's express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Engage grants no other privileges or rights in the Content to you, and you must keep intact all copyright, trademark and other proprietary notices on the Content. Any Content owned by Engage's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Engage’s express prior written consent.

5. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Engage or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Engage. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including ENGAGE and ENGAGE XO, are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in Australia and various other jurisdictions around the world.

6. Cookies

The Sites may make use of cookies. Cookies are an industry standard and most major websites use them. A cookie is a small text file that is used as a means to remember your details. Cookies are designed to improve your experience of the Sites. In some cases, cookies may collect and store personal information about you. If you would like further information about cookies and how we use them please refer to the Engage Privacy Policy.

7. Your Account

If you establish an account with Engage. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password, unless such activities arise from Engage’s negligence, willful misconduct, or breach of its obligations under the Privacy Policy or these Terms of Use. You agree to immediately notify Engage of any unauthorized use of your password or account or any other breach of security by contacting us at the email address set out below.

You acknowledge and agree that Engage may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Engage is required to do so by law or legal process or if Engage determines, in its sole discretion, that such action is necessary to protect the rights of Engage, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Engage's right to disclose any such information shall govern over any terms of our Privacy Policy, but will in any event comply with applicable data protection laws.

8. Electronic Communications

You consent to receive electronic communications from Engage either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites.

9. Submissions

You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Sites, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not Engage, have full responsibility for each such Submission you make, including its legality, reliability and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to Engage in relation to that Submission. You agree that Engage is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilize, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission. Engage is under no obligation to treat Submissions as confidential or proprietary information except pursuant to Engage's PRIVACY POLICY applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Use, you retain ownership of any copyright or other intellectual property rights in your Submissions.

You agree not to upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Engage set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Sites.

Engage reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites and/or (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Engage determines is inappropriate or disruptive to the Sites or to any other user of the Sites and/or services. Engage may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Engage's discretion, Engage will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.

Engage takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Engage is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Sites, please CONTACT US.

10. Modifications

Engage may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Sites. Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

11. Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission Australian State and Territory fair trading authorities.

12. Links to Third Party Websites

The Sites may contain links to websites and other resources operated by third parties other than Engage. Such links are provided solely as a convenience to you. Engage does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties..

13. Governing Law

These Terms of Use and the relationship between you and Engage will be governed by the laws of Western Australia, Australia without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

14. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms of Use exclusively shall be English All communications and agreements between Engage and you and any proceedings in connection with these Terms of Use and/or your use of the Sites , exclusively shall be made in English. Engage and you waive any rights we each may have under any other law to have these Terms of Use written in another language. Any translation of these Terms of Use will be for convenience only.

15. Contact Us

You can contact us by emailing us at: info@engageind.co.nz

These Terms of Use were last updated on 16 July 2020