TERMS AND CONDITIONS
1. EngagePlus is owned, operated and provided by EngagePlus Limited and the pages, content and infrastructure of these pages are provided for your personal non-commercial use only, Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. By making a reservation or booking on EngagePlus, you enter into a direct and legally binding relationship with the Education Provider with which you have reserved or book from. EngagePlus acts solely as an intermediary between you and the Education Provider, transmitting the details of the reservation or booking, sending confirmatory emails on behalf of the Education Provider in some cases and processing payments using Adyen. All reservations and/ or bookings are subject to the Standard Booking Term and Conditions (between Education Provider and Member). In addition, the Education Provider may have further terms and conditions which they will upload to the website. You are advised to read these in detail before making your booking.
3. By making the booking, you are bound by the Education Provider’s terms of cancellation, re-scheduling and refund policy. In the absence of any specific terms by the Education Provider, there shall be no refund given by the Education Provider, or rescheduling allowed, in any circumstances. Where rescheduling is allowed by the Education Provider’s terms, EngagePlus is able to support such rescheduling. In any event, any refund shall be a matter for you and the Education Provider to resolve directly, and in the event that a dispute is raised, EngagePlus will offer the first line of support at email@example.com and will refund the Buyer if deemed appropriate.
4. When you make payment through the EngagePlus system, this payment is safely processed by means of secure online payment. EngagePlus Limited shall not be responsible for withholding tax, or for any tax payment of whatsoever nature which you or the Education Provider are legally bound to pay.
5. By completing a booking or reservation, you agree to receive (a) emails which EngagePlus may send you in relation to your booking or reservation, giving you information on your course and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your interests and the Educational Offering you booked or reserved, and (ii) emails which we may send to you promptly after you have participated in the Educational Offering, inviting you to complete our review form.
7. All information provided on EngagePlus or disclosed by EngagePlus Limited through any other means is based on the information provided by the relevant Education Provider. These Education Provider are given access to a system through which they are fully responsible for updating all details of their Educational Offerings, including rates, availability and other information. EngagePlus Limited will use reasonable skill and care in performing our services, however we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/ or partial) breakdown, repair, upgrade or maintenance of EngagePlus or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Education Provider remains responsible at all times for the accuracy, completeness and correctness of the information displayed on EngagePlus. Unless specifically stated, EngagePlus does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating or any Education Provider or any Educational Offering.
8. Obvious errors and mistakes (including misprints) are not binding.
9. Support hours will fall within general working hours of 9am-5pm HKT. Response and support groups will be made available for clients accordingly for both customer service and technology related enquiries. RTO's for minor priority items as defined by us are generally within 2 days whilst major priority items will be within 2 hours.
10. You must be a Member to review and rate Education Providers and/ or Educational Offerings. If you choose to do so, you agree to be bound by EngagePlus Limited Review, Ratings and Ranking Policy.
11. The first term of this contact is from the date of the Agreement 15 Jan 2020 Subsequently, this Agreement shall be automatically renewed for a year at a time unless the party wishing to terminate the Agreement gives 30 day written notice to the other party.
12. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events). However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Education Provider as made available on our website, (iii) the services rendered or the products offered by the Education Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Education Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
13. Unless stated otherwise, the software required for EngagePlus Limited services or available on EngagePlus and the intellectual property rights (including the copyrights) of the contents and information of and material on EngagePlus are owned by Engageplus Limited, its suppliers or providers. Engageplus Limited exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to EngagePlus Limited. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
14. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Hong Kong SAR law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Hong Kong SAR.
15. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Standard Booking Term and Conditions (between Education Provider and Member)
1. Any Listing by the Education Provider which can be booked on the EngagePlus platform constitutes an offer, and a fully paid up booking constitutes acceptance of that offer. The booking is a direct agreement between the Education Provider and the Member, and Engageplus Limited is not a party.
2. Any Listing by the Education Provider which can be booked on the EngagePlus platform constitutes an offer, and a fully paid up booking constitutes acceptance of that offer. The booking is a direct agreement between the Education Provider and the Member, and Engageplus Limited is not a party.
3. The booking is subject to the cancellation policy of the Education Provider providing the Educational Offering. In any event, parties agree that any booking fee received by Engageplus Limited is non-refundable.
4. The booking is subject to the rescheduling policy of the Education Provider. The EngagePlus platform will support rescheduling but parties agree that Engageplus Limited shall not be liable for any acts or omissions relating to such rescheduling support.