Terms & Conditions of using Our Site

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1. "We/Us/Our" means Encycarpedia Ltd.
2. "Our Site" means this website, https://www.encycarpedia.com/.
3. "Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site.
4. "Account" means a registered user account required to access and/or use certain areas and features of Our Site.
5. "System" means any online infrastructure that We make available through Our Site either now or in the future.

Information About Us

Our Site is owned and operated by Encycarpedia Ltd.

Access to Our Site

1. Access to Our Site is free of charge, except for any data charges that you may incur, which We do not control.
2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3. Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Intellectual Property Rights

1. The design and structure of Our Site belongs to or has been licensed by Us.
2. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3. All trade marks are the property of their respective owners.
4. For personal use (including research and private study) only, you may:
   1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
   2. Download Our Site (or any part of it) for caching;
   3. Print one copy of any page from Our Site;
   4. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
   5. Save pages from Our Site for later and/or offline viewing.
5. You may not use any Content downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
7. Subject to sub-Clauses 4.d and 4.i you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so by Us. For further information, please contact Us.
8. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
9. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 'Acts Permitted in Relation to Copyright Works', covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

Links to Our Site

1. You may link to Our Site provided that:
   1. You do so in a fair and legal manner;
   2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
   3. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may link to any page of Our Site.
3. Framing or embedding of Our Site on other websites is not permitted.
4. You may not link to Our Site from any other site the content of which contains material that:
   1. is sexually explicit;
   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
   3. promotes violence;
   4. promotes or assists in any form of unlawful activity;
   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
   6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7. is calculated or is otherwise likely to deceive another person;
   8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
   9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.d);
   10. implies any form of affiliation with Us where none exists;
5. The content restrictions in sub-Clause 5.d do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.d. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Advertising

We may feature advertising on Our Site. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

Use of Our System

1. You may use Our System at any time, provided you abide by the following rules. You must not communicate in a way, submit information, or otherwise do anything that:
   1. is sexually explicit;
   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
   3. promotes violence;
   4. promotes or assists in any form of unlawful activity;
   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
   6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7. is calculated or is otherwise likely to deceive;
   8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
   9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
   10. implies any form of affiliation with Us where none exists;
   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
   12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
2. Whilst We may make Accounts available, you have no ownership over any part of an Account.
3. Accounts have no monetary value.
4. Accounts can not be transferred.
5. We may monitor any and all usage of Our System.
6. Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.

Disclaimers and Legal Rights

1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to vehicle maintenance.
2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
4. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Our Liability

1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
3. Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 9.c, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.

Viruses, Malware and Security

1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-Clauses 11.c to 11.e you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

Acceptable Usage Policy

1. You may only use Our Site in a manner that is lawful. Specifically:
   1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
   2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
   3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
   4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
   1. suspend, whether temporarily or permanently, your right to access Our Site;
   2. suspend, whether temporarily or permanently, your Account;
   3. issue you with a written warning;
   4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
   5. take further legal action against you as appropriate;
   6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
   7. any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

Subscriptions

1. You may cancel your subscription at any time, at which point your subscription will expire at the end of it's term.
2. All transactions are final. All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law. We make no guarantee as to the nature, quality, or value of a Paid Service or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period).
3. You are responsible for and agree to pay any applicable taxes, duties, tariffs, and fees related to the purchase of Paid Services, including those required to be paid to either Us or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other applicable taxes. Depending on your location, We may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services. You grant Us permission to provide your account and personal information to relevant tax authorities to fulfill Our tax collection and reporting obligations.
4. Our Paid Services and our products and services evolve constantly. We may change the Paid Services for a reasonable and valid basis. We will notify you of any changes to the Paid Services up to 30 days before they take effect, for example by means of a service notification or an email sent to the email address linked to your account, specifying the characteristics and effective date of the changes and informing you of your eventual right to terminate the subscription.
5. Prices for Paid Services, including recurring subscription fees, are subject to change from time to time due to change in the costs relating to operation, maintenance, technical provision, business considerations, and fees charged by third parties or statutory fees, at our reasonable discretion. In the event of an increase in costs, We reserve the right to adjust the prices for chargeable services. We will notify you of any price changes in writing up to 15 days before they take effect, for example by means of a service notification or an email to the email address linked to your account, stating your rights and the consequences of not exercising them. In the event of a price change, you may terminate the subscription to the applicable Paid Service or the user agreement up to 24 hours before the start of your next billing cycle. Otherwise, the price change will take effect at the time specified in the notification.
6. If We deem it necessary to suspend or terminate your access to Our Site due to breach of the provisions in Clause 12 or any of the other provisions of these Terms and Conditions, it remains your responsibility to cancel your subscription.

Privacy

Use of Our Site is also governed by Our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

Changes to these Terms and Conditions

1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Law and Jurisdiction

1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.