encraft terms and conditions of service

Definitions

In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:

“Our Email Address” means customerservices@encraft.co.uk

“Registration Form” means any of the customer registration forms on our Website;

“we” means Encraft limited (‘us’ and ‘our’ will be construed accordingly);

“Website” means our website with its homepage at http://www.encraft.co.uk/

The following text outlines the terms & conditions of service. Please read this document carefully before you subscribe to Encraft or use any other service that is made available on this website.

Registration

By registering you confirm that the contact details which you have provided in the Registration Form are complete and accurate.

You agree to immediately inform us by sending an email to our email Address, of any changes to your contact details. Users may only maintain one active registration. In other words, it's one registration per person. By accepting this agreement, you certify that you have no other registration with Encraft.

You must have a valid email registered with us at all times. If an e-mail that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable address.

You agree to our privacy policy.

By using our service, you are agreeing to be bound by all of these terms and conditions. We may change or update these terms at any time without prior notice. Your continued use of Encraft means that you accept any new or modified terms. Please note that if you use or subscribe to our products and services you may be subject to additional terms and conditions. Please refer to those products' specific rules for guidance, if applicable.

Data Protection

Encraft is registered as a Data Controller under the Data Protection Act.

Please note that any information you enter on our site (such as when you register or purchase something from us) may be transferred outside the European Economic Area and to the United States of America for the purposes of processing and maintenance. By submitting your information to us, you consent to this transfer. For more information on our privacy practices, please review our privacy policy.

Copyright

Except as expressly provided in this Agreement, all of the content on this site is the property of Encraft and is protected by UK and international copyright laws. "Content" means any information, mode of expression, or other material and services found on the Website. Our content is intended for individual, personal use only. Accordingly, you may make one copy of our content for your personal, non-commercial use, provide that any material copied remains intact and includes the following notice:

Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.

You confirm that by using our services, you are acting as a consumer only and not in connection with, nor in the course of a business.

You understand that you may not re-sell nor make available to any third party the whole or any part of the information or services which we provide to you.

We retain ownership of all copyright and other intellectual property rights in the outputs from our design tools.

If you use this service on behalf of another person, you must also enter their details in the spaces provided. You must not remove or obscure the Encraft logos, or make any alterations to any documents or printouts provided by Encraft. Furthermore, any such documents must be accompanied by a copy of these terms and conditions.

Limitation of liability

Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited. Furthermore, nothing in these Terms and Conditions affect your statutory rights.

We shall not be liable to you for consequential, special or indirect losses, or the following losses whether direct or indirect: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.

Subject to the previous two paragraphs, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to the sum of the Charges paid by you to us.

Your payments have been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are reasonable.

Indemnities

You agree to indemnify, defend, and hold harmless Encraft, its affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, attorneys' fees) as a result of any violation by you of your obligations under these terms and conditions.

Nature of services and information provided

You must read, understand and accept our disclaimer before subscribing to Encraft.

Our objective is to give you first-cut or budget costings and practical briefings to enable you to approach the right suppliers efficiently and with confidence. You should not use our Reports as the sole basis for making any purchase, and should always get a detailed survey and quotation from a specialist who actually visits your property before committing to any purchase.

The information which we provide is based on information supplied by manufacturers, installers and government departments. It is also based on the information which you provide to us including without limitation that which you provide through the Registration Form. This means we cannot offer any guarantees in relation to the accuracy of the information.

Due to the low level of the fees which we charge for our web and telephone based services, the information which we provide is by way of preliminary guidance only to your situation (so for example we do not provide any assurance that any particular savings will be realisable, as they may be influenced by factors beyond our control or knowledge). If you require more specialist advice then you must engage us on professional terms or employ your own third party consultant.

Encraft may change prices or products at any time, without prior notice.

Encraft will not store the results of calculations for a period longer than a session. A session is a single login period, i.e from the time the customer completes the login until the time the customer completes the logout process. The session may be automatically cut short when there is no customer activity on the website for a period of 30 minutes.

In the case of problems experienced by the subscribing visitor, that are caused by problems within the control of Encraft or its hosting provider, the normal course of redress will be to reactivate the subscription.

Encraft will only reactivate subscriptions in the cases where its records show that the simulation did not complete for reasons within the control of the Encraft or its hosting provider, providing the visitor notifies (as per instruction in the welcome email sent at the time of subscription) Encraft of the problem within 24 hours of the commencement of the simulation.

Encraft will not refund subscriptions in cases other than where the calculations did not complete for reasons within the control of the Encraft or its hosting provider, providing the visitor notifies Encraft of the problem within 24 hours of the commencement of the calculation and there is a verifiable reason rendering the reactivation of the calculation valueless to the visitor.

Some of Encraft's simulators may be dependent on you allowing cookies on your computer. If you do not accept cookies normally, you may have to accept them for the duration of your session on our website. Otherwise, you may not benefit from your subscription to Encraft.

Encraft will not evaluate the results of the simulations.

Entire Agreement

These Terms and Conditions and the content on our Website contain the entire agreement between you and us with respect to the subject matter of the Terms & Conditions and shall supersede all other written or oral communications between you and us. The express terms and conditions in these Terms & Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. You hereby confirm that you have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms & Conditions. Notwithstanding any provision to the contrary, nothing in these Terms & Conditions limits or excludes our liability for fraudulent misrepresentations.

Contracts - Rights of Third Parties - Act 1999

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms & Conditions, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.

Severability and jurisdiction

If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.

This Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England.