The following Terms of Service (TERMS) governs your use of the web-based services (SERVICES) provided by ENGAGEM eMarketing (ENGAGEM) at it’s website (WEBSITE) at app.engagem.ca

By using and/or subscribing to this WEBSITE, you signify your agreement to these TERMS and our Privacy Policy. If you do not agree to any of these TERMS or policies, please do not use the WEBSITE or SERVICES.

ENGAGEM may, in its sole discretion, modify or revise these TERMS and policies at any time, and you agree to be bound by such modifications or revisions.

1.0 Services

1.1 No guarantee

Although ENGAGEM works hard to provide quality SERVICES, you understand and acknowledge that we cannot promise or guarantee specific results from using the SERVICES available on this WEBSITE.

You agree that the SERVICES available on this WEBSITE are provided “as is” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

1.2 Temporary interruptions

You understand and agree that temporary interruptions of the WEBSITE may occur. You also understand and agree that we have no control over the third-party networks that we may use to provide you with SERVICES.

1.3 Right to modify the SERVICES

We reserve the right to implement new elements as part of the SERVICES including changes that may affect the previous mode of operation of the SERVICES.

1.4 No contingency on future releases and improvements.

You understand that your purchase of the SERVICES on our WEBSITE is not contingent on the delivery by us of any future release of any functionality or feature.

2.0 Accounts

2.1 Account registration To access the SERVICE, Users must log into an active account (ACCOUNT).

When you register for your ACCOUNT, you’ll be required to provide certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a username and password (ACCOUNT INFO). When registering for and maintaining an ACCOUNT, you agree to provide true, accurate, current, and complete information about yourself.

You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity for any purpose.

2.2 Using the SERVICE

You are solely responsible for the activity that occurs on your ACCOUNT.

For your protection and the protection of other users, we ask you not to share your ACCOUNT INFO with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you.

If you have reason to believe that your account is no longer secure, you must immediately notify us.

To use the SERVICE you must:

(a) be at least eighteen (18) years of age;

(b) have not previously been suspended or removed from the SERVICE; and

(c) register for and use the SERVICE  in compliance with any and all applicable laws and regulations

2.3 Account suspension and deletion

ENGAGEM reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User ACCOUNTS which it deems inappropriate, offensive or in violation of these TERMS.

3.0 Payments

3.1 Subscription plans

You understand that prior to ENGAGEM providing the SERVICE, you are required to choose a Subscription Plan (PLAN).

By signing up, you authorize ENGAGEM to charge the applicable fee for your PLAN each month for ongoing use of the SERVICE.

3.2 Payment method.

All payments must be made using a valid credit or debit card issued by American Express, MasterCard, Discover or Visa, which must be kept on file with your ACCOUNT. 

3.3 Payment currency

All PLANS are pre-paid and processed in Canadian dollars (CAD), and all payments are non-refundable.

3.4 Automatic renewal

Subscription PLANS are automatically renewed each month on the same date, unless the Client (CLIENT) cancels the subscription before the renewal date.

3.5 Overdue amounts

If, for any reason, your monthly online payment is declined, you agree that we may suspend or terminate performance of SERVICES and may require you to pay any overdue amounts incurred by other means acceptable to us.

3.6 All subscriptions are non-refundable

Except as described below, all fees paid for monthly PLANS on our WEBSITE are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

4.0 Content

4.1 Services advertised

ENGAGEM  does not warrant, endorse, guarantee, or assume responsibility for any third-party product or service advertised or offered through the SERVICE, and shall not be a party to or responsible in any way for monitoring communications or transactions between CLIENTS and their sales prospects.

4.2 User-submitted content

You represent and warrant that you own or otherwise have the right to use any content you upload, post, share, or provide through the SERVICE.

ENGAGEM reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the CLIENT user access to the SERVICE if any complaint based on such content is received. We are not responsible for any delay in or failure to remove such content.

5.0 Limitation of liability

5.1 Indemnification

You agree to defend, indemnify and hold harmless ENGAGEM, its directors, employees, agents, and vendors, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from:

(a) your use of and access to the WEBSITE and/or SERVICE;

(b) your violation of any term of these TERMS;

(c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right.

In no event shall ENGAGEM, its directors, employees, or agents, be liable to for any direct, indirect, incidental, special, punitive, or consequential damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of, or inability to use the SERVICE, including:

(a) errors, mistakes, or inaccuracies of content,

(b) any unauthorized access to the servers upon which the SERVICES are hosted, and/or any and all personal information and/or financial information stored therein,

(c) any interruption or cessation of transmission to or from our WEBSITE or SERVICE,

(d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or

(e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the WEBSITE or SERVICE.

6.0 General provisions

6.1 No waiver

The failure of either party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times under this Agreement.

6.2 Severability

In the event any provision or part of this Agreement is found to be invalid, void or unenforceable, only that particular provision or part so found, and not the entire Agreement, shall be considered invalid.

6.3 Modifications

Revisions to this Agreement will be considered agreed to by ENGAGEM and CLIENT when requested changes have been signed by both parties.

6.4 Governing law and attorney fees

This Agreement and all matters arising out of this Agreement shall be governed by the laws of the Province of New Brunswick, Canada.

In any arbitration and/or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

6.5 Force majeure

Either party shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including, but not limited to telecommunication outages, platform outages, software failure, computer failure, or server failure for so long as such an event continues to delay the party’s performance.

6.6 Third-party services

ENGAGEM reserves the right to hire subcontractors and employ various technology services at its own expense in order to meet the requirements of this Agreement. You hereby acknowledge and consent that ENGAGEM may share information and data about you with third-parties that provide those services.

6.7 Promotional outreach

You agree to receive from time to time promotional messages and materials from us, by email or any other contact info you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just unsubscribe at any time.

6.8 Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New Brunswick, Canada.

6.9 Customer support

If you have any questions or concerns about these TERMS, please contact:

Email: info@engagem.ca

Phone: 506-853-8326