Terms & Conditions

Effective Date: 02 August 2025 

Last Updated: 04 August 2025 

Welcome to www.engaigesmart.com (the “Website”), operated by Engaige Smart Solutions (Engaige Smart), a trading name of Emotivo Pty Ltd (ABN 87 123 456 789), an Australian registered company. By accessing or using this Website, you agree to be bound by the following Terms & Conditions. If you do not accept these Terms, please do not use this Website.

1. Use of Website

This Website is intended for use by business decision-makers, marketing teams, and professionals seeking AI-powered marketing and lead generation services. It is not designed for individual consumer use or for applying for personal financial products or advice.

By using this Website, you confirm that you:

• Are authorised to act on behalf of a registered business or organisation.
• Are 18 years of age or older.
• Will comply with all applicable Australian laws and regulations.

2. Our Services

Engaige Smart is a digital marketing and AI-led customer engagement agency. We provide strategic marketing, campaign automation, lead generation, and conversion optimisation services to clients in sectors including but not limited to:

• Financial Services
• Professional Services
• Property & Lending, and
• Trade & Home Services.

We do not provide financial advice or act as a credit provider, lender, or broker. All services are delivered for informational, marketing, and commercial engagement purposes only.

3. Lead & Campaign Delivery

• All leads or campaign results delivered are intended for exclusive use by the client as outlined in your service agreement.
• Data is sourced and qualified through a combination of digital and human verification methods.
• Clients are responsible for determining the suitability, compliance, and conversion potential of each lead or engagement asset provided.

Engaige Smart makes no warranty as to:

• Guaranteed performance or ROI of any campaign.
• Conversion success of leads or qualified contacts.
• Accuracy of information provided by third parties or prospects.

4. Limitation of Liability

All services and leads are provided “as is” without express or implied warranties. To the fullest extent permitted under Australian law:

• Engaige Smart will not be liable for any direct, indirect, incidental, or consequential loss resulting from use of the Website or services.
• Our maximum liability is limited to the total amount paid for the specific service or lead batch in question.
• We do not offer refunds. Campaign credits or lead replacements may be offered solely at our discretion.

5. Intellectual Property

All intellectual property on this Website is owned by Engaige Smart or its licensors and is protected by Australian copyright, trademark, and intellectual property laws.

This includes:

• Website layout, design, copy, and branding.
• Campaign assets (ads, funnels, scripts, automations, etc.).
• Training materials, guides, or templates supplied during service delivery.

You may not, without prior written consent:

• Copy, reproduce, distribute, or modify any part of our content.
• Use any Engaige Smart or Emotivo Pty Ltd brand names, trading names, domains, or campaign assets for your own commercial gain.
• Reverse-engineer, replicate, or extract proprietary automations or technology from our platform setup.

6. Tracking, Analytics & AI Tools

This Website and our campaigns may use tracking technologies and AI tools such as:

• Google Analytics
• Meta Pixel
• SendGrid, GoHighLevel, and Zapier integrations
• AI models (e.g. OpenAI, Anthropic Claude), and
• Cookies and behavioural tracking.

These tools help us:

• Analyse behaviour and improve performance.
• Personalise and optimise your experience.
• Deliver targeted content and campaigns.

By using our Website or services, you consent to this data collection. See our Privacy & Data Policy for full details.

7. Use of AI-Generated Content

Some communications, campaign materials, or engagement workflows may be partially or wholly generated using AI tools under human oversight. While we take reasonable steps to ensure quality and compliance:

• Clients are responsible for reviewing outputs before relying on them for commercial or regulatory decision-making.
• We do not guarantee that AI-generated content will be error-free, complete, or compliant in all jurisdictions.

8. Client Data Responsibilities

Clients are responsible for ensuring that all contact data, customer records, or personal information shared with Engaige Smart:

• Has been lawfully obtained with appropriate consent.
• Can be legally used for digital marketing and lead engagement purposes.
• Complies with applicable privacy laws, including the Australian Privacy Act, Spam Act 2003, and (if applicable) GDPR.

Engaige Smart accepts no responsibility for misuse of third-party data provided by clients.

9. Third-Party Platform Dependencies

• Our services rely on third-party technologies to deliver campaign outcomes (e.g. GoHighLevel, Zapier, Twilio SendGrid, Meta Ads, Google Ads). As such:
• Service availability and functionality may depend on the continued operability of these platforms.
• We are not responsible for any service limitations, downtime, or data loss caused by these third-party providers.

10. Security & Availability

We use reasonable safeguards to maintain security and uptime, but cannot guarantee uninterrupted access or complete protection against malware or external attacks. You are responsible for securing your own device and internet connection.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the nonexclusive jurisdiction of the courts of NSW for any dispute relating to your use of this Website or our services, regardless of your location.

12. Updates to These Terms

We may update these Terms from time to time without prior notice. The most recent version will always be posted here. Continued use of the Website or our services constitutes acceptance of any changes.

Contact:

Emotivo Pty Ltd trading as Engaige Smart Solutions 

ABN 55 686 187 128 | ACN 686 187 128 

Email: hello@engaigesmart.com