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This page sets out the Terms of Use (“Terms”) on which you may make use of the websites of Encapto, including encapto.com (“Websites”), whether as a guest or a registered user. By using these Websites, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please do not use our Websites.

About Us

The Websites of Encapto are operated by Encapto Pty Ltd (“Encapto”, “we”, “us” or “our”). Encapto Pty Ltd is a proprietary limited company registered in Australia (ABN: 57 600 758 834) and is headquartered at 54-56 Langridge Street, Collingwood VIC 3066, Australia.

Accessing Our Site

Access to our Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Websites without notice. We will not be liable if for any reason our Websites are unavailable at any time or for any period.
From time to time, we may restrict access to our Websites, in part or entirely.
If you choose, or you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
When using our Websites, you must comply with the provisions of our acceptable use policy (See below).

Acceptable Use Policy

Encapto Websites are provided to provide useful information to you and to enable access to our products and services. You must not:

  • take any steps to obtain unauthorised access to the Websites or any parts thereof that are not opened to public access;
  • disrupt or interfere with any other user's enjoyment of the Websites or any services, system resources, accounts, servers or network connected to or accessible through them; engage or make attempt to engage in any kind of illegal or criminal activity through the use (whether direct or indirect) of the Websites;
  • use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on these Websites without the express consent of Encapto except as expressly authorised by this licence;
  • use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on the Websites, without the prior written consent of Encapto;
  • take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Websites;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Websites;
  • post or transmit to or via these Websites any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
  • use or attempt to use these Websites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene, or engage in any kind of illegal activity.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Websites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our Websites.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of material on our Websites must always be acknowledged.
  • You must not use any part of the materials on our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
  • If you print off, copy or download any part of our site in breach of these Terms, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance On Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may be informed of any of their contents.

Our Site Changes Regularly

We aim to update our Websites regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The material displayed on our Websites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any websites linked to it and any materials posted on it, including, without limitation, any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information About You and Your Visits To Our Site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading Material To Our Site

Whenever you make use of a feature that allows you to upload material to our Websites, or to make contact with other users of our Websites, you must comply with the content standards set out in our acceptable use policy above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our Websites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Websites.
We have the right to remove any material or posting you make on our Websites if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Linking To Our Site

Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home pages. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to info@encapto.com

Links From Our Site

Where our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

The courts of the country in which the servers hosting our Websites are located will have jurisdiction over any claim arising from, or related to, a visit to our Websites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the country in which the servers hosting our site are located.

Trade Marks

The Trademarks in this website are registered or unregistered trade marks of or are licensed to Genius WiFi International Pty Ltd or a holding or subsidiary company of the same.

Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Websites.

Your Concerns

If you have any concerns about material which appears on our site, please contact info@encapto.com.

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