These terms tell you the rules for using our website located at https://www.encore-apac.com (the “Website”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
- Who we are and how to contact us
https://www.encore-apac.com is a website operated by Encore Event Technologies Pty Limited together with its related bodies corporate (as defined in the Corporation Act 2001 (Cth)) (collectively referred to as “Encore,” “we,” “us”, or “our”). We are registered in Australia under the Australian Business Number 46 006 668 702 and have our registered office and main trading address at Unit 5, 21 South Street Rydalmere NSW 2116. Encore includes companies established and trading in Australia, New Zealand, Fiji, and Asia. The Asian subsidiaries and affiliates are part of Encore Event Technologies Holding (Singapore) Pte Ltd, including entities in Singapore, South Korea, Hong Kong and Thailand.
To contact us, please send an email request to [email protected]
- Acceptance of Terms
By accessing, browsing, using, or downloading any material from this Website, you represent that you have read, understood, and agree to be legally bound by these Terms of Use (“Terms”), which constitute a legal contract between you and Encore. If you do not agree with these Terms, you must not use this Website. These Terms may change without notice; please check them periodically. We recommend that you print a copy of these terms for future reference. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- Eligibility
You must be at least the age required by applicable law in your jurisdiction to form a binding contract and use the Website. If you are under this age, you must not access or use the Website.
By using the Website, you represent and warrant that you have the legal capacity to enter into these Terms and that you will comply with all applicable laws and regulations in your jurisdiction.
- Privacy
By accessing and using this Website, you acknowledge having read and agreed to our Privacy Statement available on this Website and consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Statement. We use ‘cookies’ in the secure section of our Website, which are a mechanism to keep track of certain information between visits to the Website by the same user. Our Website uses cookies to make the browsing experience more responsive when accessing some services on the Website. This information is not linked to any personal information and cannot be used to identify the user. To the extent that any information collected through cookies or similar technologies constitutes “personal information” under applicable privacy laws, it will be handled in accordance with our Privacy Statement.
You may be given information regarding cookies when first visiting a Website operated by us. If you continue navigating the Website without acknowledging that option, cookies are automatically accepted. If you wish to opt-out, most browsers allow you to turn off cookies or to receive a warning before a cookie is stored on your hard drive. Please refer to your browser instructions or help screen to learn more about how to do this. Please note that if you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.
- Intellectual Property
All rights not expressly granted on this Website are reserved by us. All information, content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, forms, photographs, graphics, and software available on or through this Website (“Content”) is owned or controlled by Encore, its subsidiaries, affiliates, and related companies. The Content is protected by copyright, common law rights, and legislation. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content for commercial or public purposes without prior written permission from Encore.
The trademarks, service marks, slogans, logos, trade dress, and other identifiers (“Marks”) displayed on this Website are the property of Encore or other parties. Users are prohibited from using any Marks for any purpose, including use on other materials, presentations, domain names, or metatags, without written permission from the relevant Encore entity or third-party owner.
If you submit or upload any content to the Website, including feedback, comments, or suggestions (User Content), you grant Encore a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, and communicate that content for any purpose, subject to applicable law.
By providing User Content on our Website, you represent and warrant that you own all rights in the User Content or have otherwise obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content. You represent that the User Content does not infringe the intellectual property rights of any third party and that our use of the content will not infringe any such rights.
- Access, Use and Termination of Access
We grant you a limited licence solely to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any right of resale or commercial use of this Website or its Content; any collection and/or use of product or service listings, descriptions, or prices; any derivative use of this Website or Content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools, and, including scraping, framing, mirroring, reverse engineering, or using the Website or its Content for competitive or unlawful purposes.
This Website or any portion may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
We may suspend or terminate your access to the Website immediately, without notice, if you breach these Terms or if we reasonably consider it necessary to protect our interests, the Website, or other users.
- Accuracy of Information
We endeavour to ensure that information displayed on this Website is accurate. However, some information is provided by third parties, and we cannot guarantee the accuracy of all information nor that the Website is free of errors or faults. We make no representation or warranty about, and accept no responsibility for, any error, omission, inaccuracy, misleading content, or anything done or not done if you access, use, download, or act in reliance on any representation, information, data, or Content contained, linked, or distributed through this Website. We reserve the right to change information displayed at any time without notice.
- Third Party Products/Services
No endorsement of any third party or its products, services, or Website is intended by any Content, links, or advertisement (including banner ads containing embedded hyperlinks) on or to this Website. Links and information about third parties are provided only as a convenience and may not remain current. Opinions expressed on this Website or any third-party website do not necessarily reflect those of Encore. If you have accessed this Website through a third-party link, you are still bound by these Terms. We are not responsible for any content or materials on or available from any third-party websites.
- Electronic Communications
When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
- Disclaimers and Liability
Without affecting any of your rights which cannot be lawfully excluded or limited under applicable law:
- This Website and its Content are provided “as is” and we make no warranty, guarantee, or representation, express or implied, as to the operation of this Website or the fitness, merchantability, or suitability of any information, Content, materials, data, product, service, or provider displayed on this Website or any referenced or linked website, or that this Website, our servers, or any email or communications sent from us are free of viruses or other harmful components.
- You use this Website and download any material, data, or other Content at your sole discretion and risk and are solely responsible for any damage to your computer system or loss of data resulting from such use or download.
- You must not misuse our Website by knowingly introducing viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- WE WILL NOT BE LIABLE FOR AND EXCLUDE ALL LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR AND EXCLUDE ALL LIABILITY for any loss, damage, liability, claim, or expense, whether direct, indirect, consequential, special, or punitive (including but not limited to any loss of profit, revenue, data, or anticipated savings), arising from access, use, downloading, receipt, or reliance by you or any other person on any representation, information, Content, materials, data, communication, product, or service provided on or via this Website, or otherwise in connection with this Website.
- We make no representation or warranties that this Website or any Content is appropriate or available for use in all geographic locations.
- You should not rely on the Content of this Website without, where appropriate, first obtaining advice from relevant consultants and professionals.
- Nothing in this section limits your obligations under these Terms, including but not limited to your obligations under the section headed “Intellectual Property”.
- Further, nothing in this section limits or excludes any of Encore’s obligations or your rights to the extent not lawfully able to be limited or excluded under the applicable law of the place in which you access this Website.
- We may make changes to our Website and these Terms
We may update and change our Website from time to time to reflect changes to our users’ needs and our current business needs or because of changes to the law.
We may revise these Terms from time to time by updating this page. The updated Terms will be effective from the date they are published. Your continued use of the Website after any changes constitutes acceptance of the revised Terms.
- We may suspend or withdraw our Website
Our Website is made available free of charge. We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
- Indemnification
You agree to indemnify, defend, and hold harmless us and our providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
- General Provisions
If any provision, or part of these Terms is held to be invalid, unenforceable, or illegal for any reason, then that provision or relevant part must be read down if possible, but if that cannot be done, it must be severed and the balance of these Terms will otherwise remain in full force. Headings are for reference only and do not define, limit, construe, or describe the scope or extent of any section.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign or transfer your rights without our prior written consent.
These Terms constitute the entire agreement between you and Encore in relation to your use of the Website and supersede any prior representations or agreements.
- Governing Law
- For users in Australia, New Zealand, and Fiji: These Terms are governed by the laws of the State of New South Wales. Disputes must be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
- For users in Asia: If you access this Website from a jurisdiction not expressly listed above, these Terms are governed by the laws determined by Encore in its sole discretion, subject to mandatory local consumer protection laws.
- Nothing in these Terms shall limit your rights under mandatory consumer protection laws in your jurisdiction.
- Accessibility
We are committed to improving accessibility of the Website. If you experience difficulty accessing any Content, please contact us at [email protected].