PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
Your use of the website https://elektrik.network/ (“Our Site”) the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time.
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us.
- By using Our Site you accept these terms.
- There are other terms that apply to you.
- Policies, procedures, measures and tools.
- We may make changes to these terms.
- We may make changes to Our Site.
- We may suspend or withdraw Our Site.
- We may transfer this agreement to someone else.
- You must keep your account details safe.
- How you may use material on Our Site.
- Do not rely on information on Our Site.
- We are not responsible for websites we link to.
- User-generated content is not approved by us.
- How to complain about or report content.
- Our responsibility for loss or damage suffered by you.
- How we may use your personal information.
- Uploading content to Our Site.
- Your rights to claim against us if we restrict access to your content.
- We will suspend your service if you frequently upload illegal content or unfounded complaints
- Your rights to claim against us if we suspend or ban your use of our service.
- Rights you are giving us to use material you upload.
- We are not responsible for viruses and you must not introduce them.
- Rules about linking to Our Site.
- Recommender systems.
- Which country's laws apply to any disputes?
- Our Trademarks are registered.
- General Clauses
Who we are and how to contact us
https://elektrik.network/ is a site operated by Elektrik Foundation Ltd ("We"). We are registered in Cayman Islands under registration number 410026 and have our registered office at Governors Square, #5-204, 23 Lime Tree Bay Avenue, P.O. Box 477, Grand Cayman, KY1-1108, Cayman Islands.
To contact us, please email [email protected].
By using Our Site you accept these terms
These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement between you and Elektrik Foundation Ltd. By accessing and using Our Site, you acknowledge that you have read, understood, accepted and agree to comply and be bound by these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms and Conditions, you must not accept these Terms and Conditions and may not access and use Our Site. You acknowledge that these Terms and Conditions are a contract between you and Elektrik Foundation Ltd, even though it is electronic and is not physically signed by you, and it governs your use of Our Site.
If you do not agree to these terms, you must not use Our Site.
We recommend that you print a copy of these terms for future reference.
There are other terms that apply to you
These terms of use refer to the following additional terms, which also apply to your use of Our Site:
- Our Privacy Policy. See further under How we may use your personal information.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Site. When using Our Site, you must comply with this Acceptable Use Policy.
- Our Use Policy, which sets out information about the cookies on Our Site.
- If you purchase goods or services from Our Site, our Terms and Conditions of Sale will apply to the sales.
Policies, procedures, measures and tools
Information on restrictions imposed on the use of Our Site in policies, procedures, measures, and the use of content moderation tools, including algorithmic decision-making and human review, and rules of procedure of the internal complaint and handling system, will be added and revised from time to time. Please contact us through [email protected] to request more details.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use Our Site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to Our Site
We may update and change Our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw Our Site
Our site is made available free of charge. We do not guarantee that Our Site, 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 Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
How you may use material on Our Site
We are the owner of all intellectual property rights in Our Site, and in the material published on it, including but not limited to content, images, designs, trademarks, brand names, logos and software (“Our Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Save to the extent expressly permitted by applicable laws or in writing by us, you are not in any circumstances permitted to:
- copy, adapt, vary, edit, modify, download, distribute, translate, decipher, de-compile, transpose, interfere with or permanently store, in whole or part, any of Our Content;
- make commercial use of Our Content without obtaining a licence from us or our licensors;
- photograph or record as or convert into video or audio, all or any part of Our Content; or
- remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content.
You may print off one copy, and may download extracts, of any page(s) from Our Site (other than documents, files or other information contained in the restricted areas) for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site and Our Content must always be acknowledged (except where the content is user-generated).
If you print off, copy, download, share or repost any part of Our Site and/or Our Content in breach of these terms of use, your right to use Our Site and/or Our Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Our Site or any services provided via, or in relation to, Our Site. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this site
The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.
Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on Our Site is accurate, complete or up to date.
We are not responsible for websites we link to
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Site do not represent our views or values.
How to complain about or report content
If you wish to complain about any other content, please contact us at [email protected].
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services or product to you.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Site; or
- use of or reliance on any content displayed on Our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide Our Site for domestic and private use. You agree not to use Our Site for any commercial or business purposes. We exclude all liability for any loss or damage caused by using or relying upon the content appearing on Our Sites. In particular, we will not be liable to you or any third party for any consequential loss or damage including any financial loss, loss of profit, revenue or business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to Our Site
Whenever you make use of a feature that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards set out in our Acceptable Use Policy.
You may only use Our Site for lawful purposes. You warrant that any document, file or other information that you intend to post to Our Sites or provide to us via Our Sites does not contravene any applicable laws or contravene any person's legal rights and you warrant that you will not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on Our Sites and accordingly we do not accept any responsibility for their content or for any damage or loss you may suffer. You hereby acknowledge and agree that you are solely responsible for the form, content and accuracy of any documents or files that you post on Our Sites. We reserve the right to remove material from Our Sites that infringes these rules.
You warrant that any such contribution does comply with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of Our Site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
If you wish to contact us in relation to content you have uploaded to Our Site and that we have taken down, please contact us at [email protected].
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
Your rights to claim against us if we restrict access to your content
If we restrict access to any content you upload to our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.
We will suspend your service if you frequently upload illegal content
If you frequently upload material that is clearly illegal, we may suspend your access to our service for a reasonable period of time. We will warn you in advance if we plan to suspend you. When deciding whether to suspend you, we will consider:
- how many items of clearly illegal content you have uploaded within a given time frame in terms of the volume of other content uploaded by other users during that time;
- the gravity of the misuse, including the nature of the illegal content and its consequences (potential or otherwise);
- where possible to identify your intention in posting the material.
If you frequently submit notices or complaints that are clearly unfounded, we may suspend the processing of any further notices or complaints from you for a reasonable period of time. We will warn you in advance if we propose to suspend processing of your notices or complaints. When deciding whether to suspend you, we will consider:
- how many items of clearly unfounded notices or complaints you submitted within a given time frame in terms of the volume of other notices or complaints submitted by other users during that time;
- the gravity of the misuse;
- where possible to identify your intention in submitting the notices or complaints.
Your rights to claim against us if we suspend or ban your use of our service
If we suspend or ban you from using our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.
Rights you are giving us to use material you upload
When you upload or post content to Our Site, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever; and/or
- a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site forever.
We are not responsible for viruses and you must not introduce them
We do not guarantee that Our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse and Cybercrime Act 2014 (as amended). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
Rules about linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on Our Site other than that set out above, please contact [email protected].
Recommender systems
SET OUT IN PLAIN AND INTELLIGIBLE LANGUAGE THE MAIN PARAMETERS USED IN YOUR RECOMMENDER SYSTEM. EXPLAIN WHY CERTAIN INFORMATION IS SUGGESTED TO THE SERVICE RECIPIENT. INCLUDE AT LEAST THE CRITERIA MOST SIGNIFICANT IN DETERMINING THE INFORMATION SUGGESTED TO THE SERVICE RECIPIENT AND THE REASONS FOR THE RELATIVE IMPORTANCE OF THOSE PARAMETERS. ALSO SET OUT ANY OPTIONS FOR THE RECIPIENTS OF THE SERVICE TO MODIFY OR INFLUENCE THOSE MAIN PARAMETERS.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of the Virgin Islands (British). You and we both agree that the courts of the Virgin Islands (British) will have exclusive jurisdiction. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the Virgin Islands (British). We both agree to the exclusive jurisdiction of the courts of the Virgin Islands (British).
Our trademarks are registered
ELEKTRIK is a UK registered (trade mark no.: UK00004003896) and an EU registered (filing no.: 018973676) trade mark of Elektrik Labs Ltd. You are not permitted to use them without our approval, unless you have obtained our explicit consent. We reserve the right to transfer the rights and obligations of the intellectual property owned by Elektrik Labs Ltd to another organisation.
General Clauses
We reserve the right to vary or amend these Terms and Conditions from time to time. Any changes shall take effect upon posting to Our Sites.
If any of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity or enforceability in that jurisdiction of any other term or condition which shall continue to have full force and effect; or
- the legality, validity or enforceability in other jurisdictions of that or any other term or condition which shall continue to have full force and effect.
A person who is not a party to these Terms and Conditions may not enforce any of its terms.
No waiver of any of these Terms and Conditions shall be valid unless confirmed in writing by us.
If you are accessing Our Sites in the course of business, the express provisions of these terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.