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01
Acceptance of Terms
By accessing the Navigate Engine website and using our Services, you confirm that you are at least eighteen years old, capable of forming a legally binding contract, and agree to comply with these Terms and all applicable laws and regulations.
02
Use of Services
Navigate Engine provides marketing diagnostic, specification and execution services. These include auditing connected advertising, analytics and tracking accounts alongside your website and offer; defining the standard those systems should meet; and building, configuring, launching, correcting and optimising the work required to reach it, either through the platform or through our managed service. We may update or expand our service offerings at our discretion.
03
Client Responsibilities
As a client of Navigate Engine, you agree to provide accurate, complete, and timely information necessary for the effective delivery of our Services. This includes access to your website, your connected advertising and analytics accounts, marketing materials, and any other data required to audit and operate your campaigns.
You are also responsible for making payments in accordance with the terms set out in our proposals or service agreements. Prompt payment ensures uninterrupted delivery of the Services, and you agree to cooperate with our team in good faith to achieve the outcomes of the engagement.
04
Intellectual Property
We respect intellectual property rights, both our own and those of others. All content, designs, and materials created by Navigate Engine for the client remain our property until full payment is received. On complete payment, the client is granted a non-exclusive, non-transferable licence to use the deliverables for their intended purpose.
Clients may not reproduce, distribute, or create derivative works from the deliverables without prior written consent from Navigate Engine.
Ownership: Navigate Engine and its associated content, including software, trademarks, logos, and designs, are owned by Navigate Engine or its licensors and protected by intellectual property law.
Restrictions: you may not copy, modify, distribute, or create derivative works of any part of Navigate Engine without our prior written permission, and you may not reverse engineer, decompile, or disassemble the software used in the platform.
05
Payment Terms
Our fees are set out in our proposals or service agreements. Payments are due as specified in the invoice or agreement, and late payments may incur interest in accordance with Australian law. We will notify you of any change to payment schedules or fees in advance.
Refunds are provided at our sole discretion and are subject to the terms of the service agreement. If you have concerns about billing or need clarification on a charge, contact us promptly and we will resolve it.
06
Confidentiality and Data Protection
Both parties are committed to maintaining the confidentiality of any proprietary or sensitive information exchanged during the engagement. We will not disclose your confidential information to third parties outside of selected contractors (whom we retain the right to use, and for whom we assume responsibility) without your explicit consent, except where required by law.
This commitment extends to all data and materials you provide, as well as those generated through our Services. We implement security measures to protect your data and use it solely for the purpose of delivering the Services to you.
07
Limitation of Liability
To the fullest extent permitted by Australian law, Navigate Engine is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your use of our Services.
Clients agree to indemnify, defend, and hold harmless Navigate Engine, its affiliates, directors, officers, employees, and agents against any claims, liabilities, damages, losses, and expenses arising out of or connected with your use of our Services or your violation of these Terms.
08
Changes and Termination
Navigate Engine reserves the right to modify or update these Terms at any time. Changes are posted on this page and the updated date is reflected at the top. Your continued use of the platform after any modification constitutes acceptance of the updated Terms.
Either party may terminate an engagement with written notice if the other party breaches a material term of these Terms and fails to remedy that breach within thirty days of receiving notice. Termination does not remove the client’s obligation to pay for Services rendered up to the termination date, and on termination all licences granted to the client cease.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force. These Terms constitute the entire agreement between you and Navigate Engine regarding your use of our Site and Services, and supersede all prior agreements, written or oral.
09
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will first be addressed through good faith negotiation between the parties. If it cannot be resolved amicably, it will be submitted to the exclusive jurisdiction of the courts of Queensland, Australia.
IN SHORT
By using Navigate Engine, you agree to these Terms and Conditions. For anything that needs clarifying before you sign, write to ky@navigateengine.com.au.