Terms and Conditions

Introduction

1. These Terms and Conditions are applicable to all services provided by Encapsulator 16 623 084 248 (“Encapsulator”, “We”) and to the use of the Website: https://encapsulator.io/
2. Your agreement to these Terms and Conditions will be indicated by: the execution of any contract, commencement or completion of any business activities, or use of any of our services, including the Website, whichever occurs first.
3. This Agreement shall be governed by the laws in force in the State of New South Wales where the services are provided.
4. These Terms and Conditions may be amended at any time without notice.
5. If any clause of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable clause shall be deemed to be omitted.

Our Services

6. Our services include, but not limited to:
   a. Store files such as videos, photos and voice recording of any kind, and release it privately or share it at the certain period stated by the Client.
   b. Encapsulator features a recovery program wherein it will be lock away for 12 months to 60 months and the Client can access the information privately or the Client can choose to share it.
7. All services are subject to the Client’s final approval of the customer agreement.

Storing Files

8. The Client can record and store the following:
   a. Video files
   b. Image files
   c. Text files
   d. Other personal file that the Client wants to store in various formats
9. After uploading and storing the file, the Client cannot view it before the nominated date of capsule expiry.
10. Encapsulator does not guarantee the quality of the file that is being stored.
11. The Client can choose to store the file in private or to share it. If the Client choses to share it, Encapsulator has the right to publish the files to the public.
12. The Client can download the file once it has been released.

Fees

13. The current Fees for service are fixed as at the date of agreement. They are outlined in our packages and remain the same for the lifetime of that agreed service.

Payment

14. All prices are subject to change without prior notice.
15. All payments are to be made in full through our payment gateway.

Termination and Cancellation Policy

16. We retain the right to terminate this Agreement if the Client breach or violate any provisions of this Terms or Conditions.
17. We have the right to terminate this Agreement by giving you a minimum of 2-weeks’ notice.
18. If you cancel the Services at any stage for any reason, then you agree to forfeit in favour of Encapsulator all amounts that you have paid.

Refund policy

19. Encapsulator have NO REFUND policy.

Confidentiality

20. Encapsulatormay collect confidential and personal information about you.
21. As far as the law permits,Encapsulator will keep the information confidential and not share it with third parties.

Indemnity

22. The Client indemnifies Encapsulatoragainst all losses, damage or liability arising in connection with:
    • claims by third parties of infringement of intellectual property;
    • competing claims to title;
    • loss or damage to the property of Encapsulator;
    • claims by any person in respect of personal injury, illness or death, or loss of or damage to any property;
    • claims by government authorities for breach of laws; or
    • liability for taxes, duties, fines or penalties.

Limitation of Liability

23. To the maximum extent permitted by law, Encapsulatorgives no warranties, and shall have no liability to the Client in relation to:
    • Use or implementation of Encapsulatorservices;
    • Unsuitability of Encapsulatorservices for any specific purpose;
    • Any other liability relating to the project works or outcomes fromEncapsulatorservices;
    • Without limiting the foregoing provisions of this clause, neitherEncapsulator, its employees nor contractors shall have any liability in relation to any indirect or consequential loss, relating to any of the services provided.
    • Any advice provided by Encapsulatoris general advice only and Encapsulatoraccept no liability if the desired result is not achieved by the Client.
24. Encapsulator takes no liability on any copyright infringements that may arise on any of the Services that we have provided.

Intellectual Property

25. Save and except for any third-party copyright included on this website under a licence or agreement, all the content of this Website and downloads from it, is owned by Encapsulator. All rights reserved.
26. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
27. Encapsulatormakes no warranties or representations that third-party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world. Encapsulatoris not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
28. This Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

Third Party Material

29. Encapsulatordoes not sell or provide your personal information to third parties. However,Encapsulatormay use your information without making reference to your name, to create marketing statistics, identity user demands and to assist in meeting your need.

Cookies

30. Encapsulator may use cookies to tailor your online experience to you. These cookies will allow the website to remember your actions or preferences over time. Users can delete cookies from their browser at any time.

Consequences of use

31. This Website may only be used for lawful purposes. Any unlawful use of the Website may give rise to an offence or claim being made against you.

Links to other websites

32. Encapsulatormay provide links to other websites on the Website. This does not imply any commercial relationship betweenEncapsulatorand the owners of those website. Encapsulatortakes no responsibility for any content displayed on those websites. Encapsulatorwebsite may contain information provided by third parties. Encapsulatoraccepts no responsibility for any advice provided by third parties.

Disclaimer

33. All information provided on this website is general in nature and does not apply to your personal circumstances.