ACCEPTABLE USE OF THE WEBSITE
You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from wilfully, or carelessly –
- Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Services;
- Posting false, inaccurate, or misleading content;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with Encompass Corporation, or in such ways that might impair or disrupt the Website’s functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
- Abusing, harassing, threatening, impersonating or intimidating other users;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
USER GENERATED CONTENT ON THE WEBSITE
We offer you certain Services and ways to use content on the Website, whether your own content or of other users (such as public comments). You may upload or otherwise make your content available when using the Website (for convenience purposes We will name all of these actions as “Post” or “Posting“).
We do not warrant or guarantee that any content that you wish to Post on the Website will be posted or that We will Post it indefinitely.
We encourage free speech and open discussion on the Website. Users may Post comments and content, in some sections of the Website, such as “Encompass Corporation blogs”. You may find some of the comments Posted therein inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. We do not endorse any user generated content and its publication does not attest to Our acceptance of it.
By Posting content on the Website, you accept you are fully accountable for any consequences resulting from Posting the content. You must ensure that such content and its use on the Website are lawful. Among other things, you must not Post any content, which may reasonably be deemed as –
- Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or harmful computer code;
- Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration;
- Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
- Constituting defamation of a person or violating a person’s right for privacy or right of publicity;
- Commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material which is not related to Encompass Corporation and/or its products, unless you received Our prior consent, and subject to the terms of such consent;
- Prohibited by any applicable law, including court restraining orders, to be Posted, published, disseminated, or otherwise made available to the public;
- Threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘SPAM’), chain letters or pyramid schemes.
- Misleading a consumer; We may review posted content and delete, remove or block it, or refuse to Post it on the Website, without any prior notice, in Our sole discretion, for any reason that
WE MAY CONSIDER TO BE JUSTIFIED, INCLUDING, WITHOUT LIMITATION –
- To prevent misuse of the Services;
- To enable civilised discussions;
- When We deem the content to be in breach of the Terms, or an infringement of any applicable law;
- When the owner of content that you have Posted wishes it to be removed, whether as result of a person’s complaint, or of our own initiative.
Under no circumstances will any of the above be construed as an obligation on Our part to review, or monitor users content on the Website.
We may also delete content after a certain period of time from initial Posting. Consequently, you might not find content that you or any other user previously Posted on the Website. Should We decide to publish any content that you Posted on the Website – We may edit such content, in Our sole discretion, including shortening it.
Unless written otherwise, the content you Post to the Website will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information.
REGISTRATION AND USER ACCOUNT
- You have abused your rights to use the Website or the Services; or,
- You have breached the Terms; or,
- You deliberately submitted false information; or,
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to Encompass Corporation, or any other third party, including other users and partners of Encompass Corporation; or,
- You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You conveyed your password to another person; or,
- You have abandoned your account.
LINKS TO OTHER SITES
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
Financial information, including financial reports and Encompass Corporation share value, may be available on the Website. Although efforts are made to coordinate and process such content, some mistakes may occur in the process of their reception, processing and posting. If you wish to make use of such content you must check and verify it. Its posting constitutes no recommendation or opinion about transactions and financial development, including purchase or sale of Encompass Corporation securities. Therefore, you bear the exclusive responsibility to any decision you make regarding the use of such financial content.
The Website may contain forward looking statements, which are based on Our expectations related to future events and projects. The statements reflect Our current expectations only and inherently include uncertainties and risks. They are also dependant on factors that may not materialise. Therefore, actual events may differ substantially from any projections made in these statements. We may not keep these statements updated at all times and We do not undertake any obligations with respect to these statements, except as required by law.
All rights, title and interest in and to the Website (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Encompass Corporation. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website. Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorisation from Encompass Corporation. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish Our goodwill. Trademarks and advertisements of Encompass Corporation on the Website are the exclusive property of Encompass Corporation. We do not claim ownership to content that you Post on the Website. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to Post and use such content on the Website, in accordance with the Terms. By submitting content, including data, images, sounds, text, ideas, concepts, know-how, or techniques for Posting on the Website, and including any and all communications that you make with other users on or through the Website, you grant Encompass Corporation a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Website, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content. Encompass Corporation respects the intellectual property rights of others. If you believe that certain content published on the Website infringes your rights, you may contact us by using the ‘contact us’ https://www.encompasscorporation.com/contact/ form on the Website, and We will do our best to provide a prompt response to your complaint.
DISCLAIMER OF WARRANTY
Encompass Corporation PROVIDES THE WEBSITE AND THE SERVICES AND CONTENT INCLUDED THEREIN FOR USE ON AN AS IS AND AS AVAILABLE BASIS. They cannot be customised to fulfil the needs of each and every user. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
WE do not warrant that THE WEBSITE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components.
YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE WEBSITE is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.
A correct professional counsel depends on the exact circumstances of each and every case. The content on the Website is not a substitute to such counsel. This is true especially and in particular for the content posted in communities and BlogS. Such content is not a substitute to professional counsel and care where such are required. Such content may sometimes reflect a certain approach or personal opinion of the writer. Therefore it should be treated with the necessary caution. If you decide to rely upon the content posted on the Website or to act thereupon, you bear the full and sole responsibility to your ACTION and to ANY POSSIBLE consequences.
LIMITATION OF LIABILITY
Encompass Corporation, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH OTHER USERS ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless Encompass Corporation, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on the