Website Terms of Use
1. Terms of Use and Privacy Policy
Welcome to the website of EncompaaS Software Ltd (ABN 35 628 933 371) (EncompaaS).
These website terms of use (Terms of Use) apply to the EncompaaS website located at www.encompaas.cloud, and all associated sites linked to www.encompaas.cloud and owned and operated by EncompaaS (Website).
You must read the EncompaaS Privacy Policy (Privacy Policy) in conjunction with the Terms of Use. To view the Privacy Policy, click here.
By using the Website, you are deemed to have read and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must leave the Website immediately. You agree to notify EncompaaS of any facts or circumstances of which you become aware that would make representations in these Terms of Use inaccurate in any respect.
2. Amendments
EncompaaS reserves the right, at its sole discretion, to amend, add or remove portions of these Terms of Use (including replacing these Terms of Use with entirely new Terms of Use) at any time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Website following such amendments being placed on the Website represents an agreement by you to be bound by the Terms of Use as amended.
3. No Reliance
3.1 We do not guarantee, and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on the Website.
3.2 The Website may contain links to other websites not owned and operated by EncompaaS (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. EncompaaS is not responsible for the content or privacy practices associated with Linked Websites. Our links with Linked Websites must not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, including further links contained on those Linked Websites, unless and to the extent expressly stipulated to the contrary.
4. Intellectual Property
Unless otherwise stated, as between EncompaaS and you, EncompaaS is the owner of all copyright, patents, trade marks and other intellectual property rights in the text, graphics, logos, use interfaces, images, trade marks, sounds, artwork, computer code, any downloads offered on the Website and any other information contained on the Website (collectively, Content). EncompaaS’ ownership in the intellectual property of the Content is protected by both Australian and international law. If you believe that anything on the Website infringes your copyright or trade mark rights, you should notify EncompaaS in accordance with clause 18.
5. Licence
EncompaaS grants you a limited licence to access and make personal use of the Website and the Content (Licence). Any contravention by you of these Terms of Use terminates the Licence immediately. Under no circumstances, without the prior written approval of EncompaaS, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website or its Content other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from the Website. You shall not frame or
You agree to fully indemnify EncompaaS, its related parties, officers, directors, shareholders, contractors, subsidiaries, affiliates, employees or its agents (together, EncompaaS Entities) for any loss or damage it may suffer in in respect of any third party claims against them that may arise out of or in connection with your use of the Website or as a result of your breach of the Licence.
6. Proprietary Notices
In the event that you are granted permission by EncompaaS in writing to use the Website or any portion of it or its Content other than for personal use, subject to any contrary agreement you reach with EncompaaS, you must ensure that:
- all copyright, trade mark and other proprietary notices contained in the Content are retained;
- you do not make any modifications to Content; and
- you do not make any additional representations or warranties relating to Content.
7. Content
EncompaaS has endeavoured to take all reasonable and appropriate care in the preparation of the Content of the Website and EncompaaS and has no reason to believe that any Content or other information contained on the Website is inaccurate. However, EncompaaS does not warrant the accuracy, adequacy, or completeness of the Content or that such Content is error free, complete or suitable for any particular purpose. EncompaaS does not undertake to keep the Website updated or monitor any Content uploaded to the Website. EncompaaS does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of Content or other information contained on the Website including without limitation where such loss or damage is a result of or contributed to by the negligence of EncompaaS.
8. Access
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. EncompaaS cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. EncompaaS does not accept responsibility for any interference or damage caused to your computer system, data or for any bugs, viruses, trojan horses or other destructive code which may arise in connection with your use of the Website or any Linked Website.
9. Maintenance
From time to time, EncompaaS may perform routine or non-routine maintenance, upgrades, patches, bug fixes, error correction or other changes to the Website (Maintenance). EncompaaS reserves the right to interrupt the operation of the Website, or any portion of the Website, as necessary to perform Maintenance at any time, without notice.
10. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Website, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use, including any warranties of accuracy, non-infringement and merchantability, is hereby excluded. EncompaaS does not warrant that your use of the Website will be uninterrupted or error-free or that your use of the Website will provide specific results.
11. Exclusion of Liability
Under no circumstances will any EncompaaS Entity be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, delay, legal costs, lost or inaccurate data, failure of security mechanisms, interruption of business, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Website or in respect of any failure or omission on the part of EncompaaS to comply with its obligations as set out in these Terms of Use in respect of your access and use of the Website.
12. Limitation of Liability
In the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and EncompaaS becomes liable for any loss or damage that would otherwise have been excluded, EncompaaS’ maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Website is limited to AUD$100.
13. Jurisdiction
The Website is governed by and is to be interpreted in accordance with the laws of New South Wales, Australia, and in all matters relating to or arising from your use of the Website, you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
14. Disputes
In the event that you have a dispute in respect of the Content of this Website or relating to or arising from your use of the Website, you must immediately notify EncompaaS in writing giving details of the dispute.
15. Failure to Comply
EncompaaS accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.
16. Waiver
If EncompaaS waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
17. Severability
If any of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use and the remaining Terms of Use shall continue in full force.
18. Queries
If you have any queries in regard to these Terms of Use, please don’t hesitate to contact us at:
