Terms of Use

General
Thank you for choosing the Engage 4×4 website offered by Engage 4×4 Platform Limited, and/or its subsidiaries and affiliates (referred to as “Engage 4×4”, “we”, “our”, or “us”). Please carefully read these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Engage 4×4. By continue to use this platform and subscribing to the website you agree to these terms. If you do not agree to this Agreement, please do not use and subscribe to the website.

Engage 4×4 and Engage 4×4.com.au provide a premium quarterly publication focused on cars, people and their stories. We have no allegiance to brand, badge or tribe. The magazines clean, uncluttered layout strips everything back to reveal an intimate journey through beautiful imagery and engaging stories. Engage 4×4 Inc is registered in USA with Company no: C4661261 and office address, 5872 Owens Avenue, Suite 200 Carlsbad, California 92008..

The website is provided to you by Engage 4×4 Platform Limited with Engage 4×4.com.au. The following terms and conditions (the “Terms”) apply to our provision and your use of the services and materials (“Engage 4×4 services”) through the Engage 4×4 website.

Who we Are?
Engage 4×4 provides a premium quarterly publication focused on cars, people and their stories. We have no allegiance to brand, badge or tribe. The magazines clean, uncluttered layout strips everything back to reveal an intimate journey through beautiful imagery and engaging stories.

If you appreciate beautiful design, emotive imagery and have a genuine thirst to explore insightful stories, then Engage 4×4 has something for you.

  1. General
  2. Who we Are?
  3. Legal Agreement
  4. User Eligibility
  5. Our Obligation
  6. Availability
  7. The User
  8. Account
  9. Membership
  10. Termination and Suspension
  11. Order Purchase
  12. Cancelling your order
  13. Privacy Data
  14. Retention of Title
  15. Order Delivery
  16. Your Contributions
  17. Intellectual property
  18. Limitation of Liability
  19. Idea Submission
  20. Returns Or Refunds
  21. Indemnify Us
  22. Links to Third Party
  23. Waiver; Remedies:
  24. Communications
  25. No Reliance
  26. Feedbacks
  27. General Data Protection Regulation (GDPR)
  28. Changes to terms of service
  29. Copyright License
  30. Governing Law and Jurisdiction
  31. Notice to California Residents
  32. Contact Us

Legal Agreement
By using the Services, you state that,

  • you form a binding contract with Engage 4×4.com.au;
  • you will comply with these Terms and all applicable local, state, and national laws, rules, and regulations; and
  • you understand that Engage 4×4 is protected by relevant trademark and copyright laws.

User Eligibility
To access or use the website, you must be 13 years or older and have the requisite power and authority to enter into these terms. You may not access or use the website if you are a competitor of ours, have intentions of collecting or utilizing our content for your purposes, or if we have previously banned you from the website or closed your account.

Our Obligations
Engage 4×4 agrees to provide the Services substantially under these Terms and with a logical skill and care and applicable with all laws and regulations. This obligation shall not apply if any non-conformance is caused by use of the Services in breach of these Terms or contrary to Engage 4×4’s instructions, or modification or alteration of the Services by you other than Engage 4×4 or Engage 4×4’s duly authorized partners.

Availability
The website may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

The User
The User may either be an Individual as defined hereinbelow and includes any person browsing and/or viewing the website, as well as creating an account.

Account
To access the website, the Users is required to create an account, (User Account) they will be required to provide current, accurate identification, contact, and other information (‘Users Information’) as part of the account registration process and/or continued usage of the Site offered by Engage 4×4 and its subsidiaries or affiliated companies. “Users Information” referred to hereinabove also includes but is not limited to any information provided by the Users to Engage 4×4 or other Users of the site. Furthermore, the Users’ Information and ID provided during the time of registration may not be transferred or sold to another party.

The Users is responsible for maintaining the confidentiality of their account and password and for restricting access to their devices, which includes but is not limited to computers, mobile devices, and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. The Users agrees to accept responsibility for all activities that occur under the Users’ account or password.

Engage 4×4 reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in Engage 4×4’s sole discretion.

Membership
In order to use certain portions of the Services (described in more detail in our Privacy Policy), you will need to first register on the applicable Service. You must not register for membership in a Service where you are prohibited by law. In addition, the Services are intended solely for users who are:

  • In California and the EEA (excluding the UK), 16 or older; or
  • In the rest of the world (including the U.S and UK), 13 or older.

Any registration by anyone under those ages in the applicable jurisdictions is unauthorized, unlicensed and in violation of this Agreement. By registering for the Services, you represent and warrant that you meet the age requirement set forth above and that you agree to and will abide by all of the terms and conditions of this Agreement.

Termination and Suspension
Engage 4×4 reserves the right to immediately suspend or terminate its service to the Users without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.

If we suspect any actual fraud or a security breach concerning your Engage 4×4 Account with us, we will suspend your account and you will be notified.

Engage 4×4 reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders at Engage 4×4’s sole discretion.

Order Purchase
To place an order on the platform, you will be required to be a member, register an account and provide us with some personal information including your billing information. By placing an order through this website, you warrant that you are: legally capable of entering into binding contracts, and at least 13 years old and agree that Engage 4×4 will charge you for the purchase price. All transactions processed through our website are processed in USD (US Dollars) and include Tax.

All Purchases are subject to acceptance by us, and we will confirm our acceptance to you by sending you a confirmation email to confirm your Purchase. The contracts between us and you will only be formed when we send you the Order Confirmation Email. Upon completion of your purchase, your order will be confirmed and process for shipping and delivery. You agree to provide accurate, current and complete information during these process and to keep the information up-to-date.

Cancelling your Order
You can cancel your order at any time after ordering. Be aware that for the cancellation to be valid Engage 4×4 must receive it before the order has been packed. Always include your order number when contacting Engage 4×4. For cancelling an order send an email to: contact@engage4x4.com.au

Privacy Data
Our Privacy Policy provides more information regarding how we collect, use, and disclose your personal information. By using the site or any of the Services, you agree to Engage 4×4 collection and use of technical information obtained through your Device. Please see our Privacy Policy page for more information.

Retention of Title
All items purchased on the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the order.

Order Delivery
If you place an order on the website, we will try as much as possible to deliver your order at the prescribe time on the website. If your order is out of stock, the delivery time may be longer than normal. If this is the case, the order may be delivered once all the products are in stock to avoid unnecessary transports. During peak periods, such as during sales, it may take longer to deliver your order. We always work hard to give you the best possible experience.

Your Contributions
You are solely responsible for all content, including but not limited to photos, profiles information, messages, comments, and other content that you upload, publish or display (hereinafter, “submit”) on or through the Services, or transmit to or share with other users. You may not submit content to the Services that you did not create or that you do not have the right to submit. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from the Services,

for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit the Engage 4×4 to copy, store, publish, display, and distribute your content via the Services,

  1. You agree to provide Engage 4×4 with all access and cooperation concerning providing the services as may be required by Engage 4×4, including but not limited to Contents.
  2. Ensure that any person who uses your account to use our Services on your behalf agree to our Terms;
  3. Use all reasonable efforts to prevent any unauthorized access through your account, to use the Services and, if such is the case please, notify Engage 4×4 immediately.
  4. You shall be liable for any loss, or any unauthorized use, of your account details;
  5. Ensure that you have permission from the Device owner to download and you shall be responsible for complying with these Terms, whether or not you own the Device; and
  6. be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems and any Device to the Services.

Intellectual Property Rights
Engage 4×4 retains all right, title, and interest in the performance of the services, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage history”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. Your use of and access to the Engage 4×4 website does not grant you any license or right to use any of the marks included on our website.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENGAGE 4X4, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL ENGAGE 4X4 BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGAGE 4X4 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ENGAGE 4X4, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the Australian. Engage 4×4 makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Australian, or are a foreign person or entity blocked or denied by the Australian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Australia.

Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Engage 4×4 or its employees, you acknowledge and agree that Engage 4×4 shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

Returns Or Refunds
If you are not fully satisfied with your purchase, you may return it in accordance with our Return or refund Policy, (To return the product, buyer should email us first to get instructions (i.e. address). Once buyer’s return is received and inspected, we will send an email to notify buyer that we have received their returned item). Please see our refund policy page for more information.

Indemnify Us
Subject to these terms, you will defend, indemnify and hold us and each of our officers, directors, employees, and agents harmless from and against any claim, cause of action, liability, expense, loss, or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these terms or the agreements made part of these terms by reference, your breach of any applicable law, and your use of or access to our website, our paid services or the intellectual property.

Links to Third Party
The Sites may contain links and/or references to other websites and websites (‘Third Party websites’). Engage 4×4 shall not be responsible for the contents, accuracy, and/or opinions expressed in Third Party websites (which are not investigated, monitored, or checked for accuracy or completeness by Engage 4×4). Inclusion of and/or reference to any links or internet addresses on the Sites do not imply approval or endorsement of those sites by Engage 4×4. In the event the Users decides to leave the Sites and access Third Party Sites, the Users does so at his/their own risk.

Waiver; Remedies:
The failure of Engage 4×4 to partially or fully exercise any rights or the waiver of Engage 4×4 of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Engage 4×4 or be deemed a waiver by Engage 4×4 of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Engage 4×4 under these Terms and Conditions and any other applicable agreement between you and Engage 4×4 shall be cumulative, and the exercise of any such right or remedy shall not limit Engage 4×4’s right to exercise any other right or remedy.

Communications
For contractual purposes, you (a) consent to receive communications from Engage 4×4 in an electronic form via the email address you have submitted; and (b) agree that all terms and condition, agreements, notices, disclosures, and other communications that Engage 4×4 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. Engage 4×4 may also use your email address, to send you other messages, including information about Engage 4×4 features and special offers. You may opt-out of such email by changing your account settings or sending an email to

Opting out may prevent you from receiving messages regarding Engage 4×4 services or special offers

No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death, or damage of any kind.

General Data Protection Regulation (GDPR)
By using the Website, or services, you agree to the Engage 4×4 collection and processing of personal data. As a result, the User authorize Engage 4×4 and its subcontractors to collect and process this data under the Australian privacy regulatory, (hereinafter ” the United States Privacy laws, including the California Consumer Privacy Acts CCPA “) and the GDPR provisions. To this end, Engage 4×4’s Data Protection Officer (DPO) constantly ensures compliance of all personal data processing in progress within Engage 4×4 operations.

Also, Engage 4×4 certifies the following:

  • It has implemented appropriate technical and organizational measures to ensure and be able to demonstrate that the processes are carried out under the GDPR Regulation when it acts as the data controller.
  • It provides sufficient guarantees as to the implementation of appropriate technical and organizational measures so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question when acting as a subcontractor.
  • In the event of subcontracting, it retains only those subcontractors who provide sufficient guarantees that appropriate technical and organizational measures will be implemented so that any processing of personal data meets the requirements of the GDPR and guarantees protection of the rights of the person in question
  • Lastly, Engage 4×4 undertakes to implement appropriate technical and organizational measures to retain personal data for the duration stipulated depending on the nature of said data.

Engage 4×4 is committed to protecting the data of its users. By using the Engage 4×4 Services, You acknowledge and agree that Engage 4×4 will collect, use and disclose some of this personal information and this process is governed by our Privacy Policy.

Feedbacks
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like the product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Engage 4×4 products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any rights to materials submitted to us become the exclusive property of Engage 4×4. Furthermore, by submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise

Changes to terms of service
You can review the most current version of the terms of service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

Copyright license
Copyright (c) 2021 (s) of Engage 4×4 website, website, and services. Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Engage 4×4 and the material on our website; and

All the copyright and other intellectual property rights in Engage 4×4 and the material on our website are reserved.

Governing law and jurisdiction
These terms and conditions and your use of the Engage 4×4 website are governed by The United State of America laws Including the required European Union GDPR Regulation and the Australian Privacy Principles (APPs). If you are a user and habitually reside outside Australia; the United States laws will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”) or services.

Notice to California Residents
Suppose you are a California resident, under California Civil Code Section 1789.3. In that case, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

Contact us
To send us your questions, comments, or complaints or receiving communications from us kindly email us at contact@engage4x4.co