Engage India

Terms and conditions

1. Your relationship with Google

Your use of the services outlined below is subject to the following legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
The services provided by Google are training and incentives services including access to an informative website about Google AdWords and Google’s other business products (the “Site”), access to vouchers for use in Google’s AdWords program (“Google Vouchers”), related email communications and other benefits as decided by Google (together the “Google Services”).
Your agreement with Google concerning the Google Services includes:
1. these terms and conditions; and
2. Google Services related policies and FAQs as posted online or distributed by email by Google (together the “Terms”). Access to the Google Services is granted by Google at Google’s sole discretion. In the event that you are granted access, you agree to use the Google Services only for the benefit of the company or business (including a freelance business) which you name when registering for the Google Services (“Your Business”).
Persons restricted by export controls and sanctions programs are not eligible to participate.
You will be taken to agree to the Terms if you: (i) click to accept the Terms; or (ii) use the Google Services.

2. Registration for the Google Services

To apply to have access to the Google Services, you must complete all required information elements on the Google Services registration web pages (“Registration Information”). You understand that when you provide the Registration Information, you are registering in your own name for the purpose of enabling Your Business to benefit from the Google Services, and not yourself personally. Google may grant you access to the Site after reviewing your Registration Information.
You must provide current, complete and accurate information at registration and maintain it as current and accurate during your use of the Google Services. As condition for continued use of the Google Services, Google may require you to provide additional information or to fulfill other qualification requirements (including attendance of an event). You agree to provide such information as Google may require, including information necessary to validate your identity.
Google has full discretion to grant and withdraw access to the Google Services (or any one of them).

3. Provision of the Google Services by Google

Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries” and “Affiliates”). Sometimes, these companies will provide all or part of the Google Services to you on behalf of Google and are third party beneficiaries to the Terms. Other than such Subsidiaries or Affiliates, there are no third party beneficiaries to the Terms.

4. Use of your data

Google will only use your information (including Registration Information) in accordance with Google’s privacy policy available at www.google.com/privacy.html. You agree to the use of your data in accordance with Google’s privacy policies.

5. Use of the Google Services by you

In using the Google Services, you agree to (i) use the Google Services only for purposes that are permitted by the Terms and (ii) comply with all applicable laws, including without limitation, the U.S. Foreign Corrupt Practices Act, which prohibits corrupt offers of anything of value, either directly or indirectly, to a government official to obtain business. “Government officials” include any government employee, candidate for public office, and employee of government-owned or -controlled companies, public international organizations, and political parties.
You agree that you will not engage in any activity that interferes with or disrupts the Google Services (or the servers and networks which are connected to the Google Services). Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Google Services (including the Google Vouchers) for any purpose.
If you set up any AdWords accounts for any third party advertiser while participating in the Google Services, (i) that account will be governed by the AdWords terms and conditions (www.google.com/ads/terms) and (ii) You agree to provide the advertiser with reporting data that discloses (a) the amount you spend on their behalf on Google AdWords, and (b) the number of impressions and clicks of that advertiser’s ads that are delivered across the Google network.
You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.

6. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Google Services. You must ensure that: (i) if you share such confidential information, you do so only with an officer, employee, agent, or representative of Your Business, and (ii) such persons are aware of these Terms and understand that by using the Google Services they are agreeing to abide by such Terms. You agree that Your Business will be liable for any breach of these Terms if committed by anyone using your passwords.
You agree to notify Google immediately of any unauthorized use of your username or password or any other breach of security regarding the Google Services of which you have knowledge.

7. Google Vouchers

Google will distribute Google Vouchers to you through the Site based on Your Business’ performance. No more than one representative of Your Business may accept Google Vouchers through the Google Services. A Google Voucher is issued in the form of unique code number (“Code Number”) with an associated expiry date (“Expiry Date”). You agree to:
1. Distribute and promote Google Vouchers only using such methods and channels as have been approved by Google;
2. Distribute Code Numbers on behalf of Your Business and not permit any third party to distribute Code Numbers or Google Vouchers on your or Your Business’ behalf;
3. Not request or accept payment for Code Numbers or Google Vouchers;
4. Not use more than one Code Number to credit your or Your Business’ own AdWords accounts or those of its affiliates;
5. Not post lists of Code Numbers in any media which can be viewed by the general public;
6. Notify customers that in order to create an AdWords account for the customer, Google will charge an account activation fee or make an equivalent credit deduction depending on the customer’s preferred billing options;
7. Ensure that in promoting and distributing Google Vouchers Your Business complies with any applicable laws, regulations and industry guidelines or codes.
8. Distribute Code Numbers only by one of the two following ways (or in such other ways as Google expressly permits in writing, including on the Site);
  - By sending a Google Voucher to your customer, in which case you agree to ensure that each Google Voucher (I) conforms in appearance with the guidance set out in the Site, and (II) incorporates the Google Voucher terms and conditions as made available by Google, the applicable Expiry Date and the value of the Google Voucher;
  - By inputting the Code Number directly into the AdWords account of a customer who has purchased a product from Your Business (provided always that you or Your Business do not open such an AdWords account without the written consent of the customer); and
9. Distribute and promote Google Vouchers only to customers whose business is located in the same country as Your Business.
You agree that should you or Your Business wish to create paper Google Vouchers, Your Business will be responsible for the cost of printing such vouchers. Google has no payment obligations to you or Your Business under or in connection with these Terms.
You agree (i) not to knowingly send more than one Google Voucher to any one person, and (ii) to implement reasonable measures to lessen the risk of any one person or entity receiving more than one Google Voucher.
You agree to notify Google promptly upon becoming aware of any misuse or abuse (or suspected misuse or abuse) of the Code Numbers or Google Vouchers by any third party and to provide Google with reasonable assistance to enable Google to prevent or stop such misuse or abuse.

8. The Google brand

You may not call yourself (either orally or in writing, including in websites and emails) a “Google Certified Partner” or an accredited Google partner or any similar term merely because you are using the Google Services. You agree:
1. to use Google’s brand features (including the words “Google” and “AdWords”) (“Google Brand Features”) only in the manner and contexts permitted and described in the Site; and
2. only in accordance with Google's brand feature use guidelines available at www.google.com/permissions/guidelines.html.
Except as set out above, under the Terms neither you nor Your Business acquires any right, title or interest in the Google Brand Features. All use by you or Your Business of the Google Brand Features (including any goodwill associated with that use) will inure to the benefit of Google.
You agree not to issue any public announcement regarding the existence or content of these Terms or Your Business’ relationship with Google unless such approval is explicitly given by Google in the Site or in a separate written document from Google.

9. Ending your relationship with Google

You may stop using the Google Services and stop distributing Google Vouchers provided to you through the Google Services, at any time. You do not need to specifically inform Google if you do so.
If you want to officially terminate your legal agreement with Google before the Terms expires, you may do so at any time by closing the account by which you access the Google Services, or by emailing the alias listed on the Site.

10. Google ending its relationship with you

Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Google Services that Google provides may change from time to time without prior notice to you. Google may also withdraw the Google Services at any time without prior notice to you.
In the event that you distribute a Code Number in breach of the Terms (or Google reasonably suspects the foregoing), Google is entitled at its sole discretion to cancel and invalidate: (a) the applicable Code Number, and/or (b) the batch of Code Numbers from which the applicable Code Number originated. Google may at its own discretion send a replacement Code Number or Code Numbers to you.
If Google wants to officially terminate its legal agreement with you, it may do so at any time by (a) sending an e-mail to the e-mail address which you provide as part of the Registration Information, and/or (b) blocking your access to the Google Services. Google may take that step if, for example (without limitation):
1. Google believes you have breached any provision of the Terms; or
2. Google receives complaints about Your Business from third parties; or
3. Google is required to do so by law (for example, where the provision of the Google Services to you is, or becomes, unlawful); or
4. Google is no longer providing the Google Services to entities in the country in which you are resident or from which you use the Google Services; or
5. the provision of the Google Services to you by Google is no longer commercially viable.

11. What happens if the Terms expire or are terminated

Upon expiration or termination of the Terms:
1. You are no longer permitted to access the Site or to have any of the benefits associated with the Google Services;
2. You and Your Business will immediately cease to promote and distribute Google Vouchers;
3. Google will honour Google Vouchers that you and Your Business have already distributed in accordance with the Terms.

12. Exclusion of warranties

GOOGLE, ITS SUBSIDIARIES AND AFFILIATES (AND THEIR LICENSORS) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GOOGLE SERVICES ARE PROVIDED “AS IS” AND AT YOUR OPTION AND RISK AND NONE OF GOOGLE, ITS SUBSIDIARIES OR AFFILIATES (AND THEIR LICENSORS) MAKE ANY GUARANTEE IN CONNECTION WITH THE GOOGLE SERVICES OR GOOGLE SERVICES RESULTS.

13. Limitations of liability

NOTHING IN THE TERMS WILL EXCLUDE OR LIMIT GOOGLE’S LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
1. ANY INDIRECT, SPEICAL, EXEMPLARY, PUNITATIVE OR CONSEQUENTIAL LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU REGARDLESS OF THE THEORY OR TYPE OF CLAIM. THIS WILL INCLUDE BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU; OR
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  - ANY CHANGE WHICH GOOGLE MAY MAKE TO THE GOOGLE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE GOOGLE SERVICES (OR ANY FEATURES WITHIN THE GOOGLE SERVICES, SUCH AS THE PROVISION OF GOOGLE VOUCHERS);
  - YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE REGISTRATION OR ACCOUNT INFORMATION;
  - YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL AND THE CONSEQUENT ACCESS AND USE OF YOUR ACCOUNT BY ANOTHER; OR
  - ANY FRAUDULENT USE OF THE GOOGLE SERVICES BY YOU.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, ITS SUBSIDIARIES AND AFFILIATES (AND THEIR LICENSORS) WILL NOT EXCEED THE AMOUNT THAT YOU HAVE PAID GOOGLE TO USE THE GOOGLE SERVICES.
THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Your indemnification obligations

You will defend, indemnify and hold harmless Google, its Subsidiaries and Affiliates, agents, and licensors from any third party claim or liability arising out of or related to your use of the Google Services and breach of the Terms.

14. Miscellaneous

All notices must be in English and in writing (including without limitation via electronic communications) and, except as otherwise set forth in the Terms: (a) if sent to you, to the address provided by you when you register for the Google Services; and (b) if sent to Google to: Attn: Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Notices will be deemed served on receipt.
Google will not reimburse any travel, entertainment, marketing, or other expenses related to your use of the Google Services unless otherwise agreed by Google in writing. In such cases your requests for reimbursement must be supported by detailed records.
You may not assign or transfer any part of the Terms without the prior written consent of Google. Google may subcontract, assign or transfer any part of the Terms at its sole discretion.
The Terms are governed by California law, excluding California’s choice of law rules. For any dispute arising out of or relating to the Terms, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Santa Clara County, California. Nothing in these Terms will limit a party’s ability to seek equitable relief.
The Terms represents the entire terms agreed between the parties in relation to its subject matter and supersedes any other prior or contemporaneous agreements on that subject matter. These Terms may be modified by Google at any time to reflect changes in how Google makes the Google Services generally commercially available. The parties agree that such modification will be binding on both parties if you access and use the Site or any of the Google Services, or if made by Google in writing (including by Google sending an e-mail or posting a message on the Site).
The parties are independent contractors and the Terms does not create any agency, partnership or joint venture.
If any provision of the Terms is found unenforceable, the balance of the Terms will remain in full force and effect.