Encounter’s Terms and Conditions:

Please read these Terms and Conditions, along with our Privacy Policy, carefully. By installing the Encounter app, you agree that these Terms and Conditions and the Privacy Policy form a legally binding agreement between you and Encounter. It’s your responsibility to check for updates to these Terms regularly.

The effective date of these Terms is November 1 2024.

1. Definitions:

In these Terms, the following terms have the meanings set out below:

App: Refers to the software application you install on your device.

Affiliate: Any company controlled by, controlling, or under common control with Encounter, including subsidiaries, parent companies, or sister companies. “Control” means owning more than 50% of the voting shares.

Claims: Includes any legal claims, liens, judgments, debts, liabilities, damages, costs, and expenses related to you or your heirs.

Content Owner User: A user who uploads or edits user-generated content, including profile uploads.

Encounter: Refers to Encounter Nature Ltd and its representatives.

Encounter Personnel: Employees, directors, and individuals with valid employment agreements with Encounter.

Members/Users: Terms used interchangeably for individuals who access our website or app and are at least 13 years old (with supervision) or at least 18 years old (without supervision).

Services: The offerings provided by Encounter through our website and app, including features, products, and services in collaboration with partners.

Third Party: Any person or entity that is not Encounter, Encounter Personnel, or its Affiliates.

User Generated Content: Any information uploaded by users through the App.

Website: Refers to www.encounter-nature.com.

NB: Words referring to singular also include plural, and vice versa. References to individuals include companies, partnerships, or other entities. Gender references apply to all genders. References to laws are to be understood as those in effect at the time these Terms become binding.

2. Services:

We continually enhance our services and may introduce new features, which could mean older versions may no longer be supported. We will inform you of any necessary steps to access new features.

You will receive all communications via the email address provided during registration or installation.

3. Intellectual property:

With the exclusion of user generated content (see below), all content on the Encounter website, app, and related materials, including logos, designs, and content written by Melissa Harrison or Encounter Personnel, are the property of Encounter and protected by intellectual property laws. Reproducing any of this content is prohibited.

4. Governing law:

These Terms and the Privacy Policy are governed by English law. Any disputes will be settled exclusively in the courts of England.

5. Third-party content:

Our website and app may include links to third-party sites. These links do not imply endorsement, and Encounter is not responsible for the content of any linked sites. Users should review the terms and policies of these third parties.

6. No warranties or representations:

Using our services and app is at your own risk. Encounter and its Affiliates do not guarantee the accuracy, completeness, or availability of the information provided. We do not warrant that our services will be error-free or uninterrupted.

7. User-generated content: ownership and indemnity:

User-generated content is owned by the Content Owner User. Encounter does not own this content but retains rights to use it for providing services: for example, while users’ journal entries and photos are private, if a user has location services switched on in their device any tags they attach to their content may be used by Encounter in partnership with the date and location data in order to identify natural phenomena that may be of interest to other users, and this information may be shared with Third Parties. Users indemnify Encounter against any claims related to their content.

By using our services, you grant Encounter permission to access and store your content while respecting your privacy. For further details please see our Privacy Policy.

You agree not to upload any harmful content, such as viruses or malicious software, and not to access the app using automated means without permission.

8. Limitations and exclusions of liability:

Your use of the app is at your own risk. You agree to release Encounter and its Affiliates from any liability connected to your use of the services and indemnify them against any claims. The Encounter app or website might suggest outdoor activities, things to do or places to visit, but we can’t guarantee that these options will be safe or suitable for everyone. It's your responsibility to assess the risks and take necessary precautions, like checking the weather, bringing the right gear, and letting someone know your plans. Encounter isn’t responsible for any injuries, damages, or losses that occur from using our app or website or from participating in any recommended activities, or liable for any losses resulting from events beyond its control, including indirect or consequential losses.

You also agree not to use the app in violation of any laws.

9. Users aged 13 to 17:

If you are between 13 and 17 years old, please seek supervision from a trusted adult when using our services. Encounter is not designed to be used by people under the age of 13.

10. Account deletion:

Encounter reserves the right to suspend any user account temporarily or permanently for various reasons, including potential infringement or security breaches. Users will be notified of suspensions.

You can delete your data by using the ‘Delete my account’ function within the app or by emailing hello@encounter-nature.co.uk with the subject line “Delete my account”. You can stop all collection of information by the Encounter app by uninstalling it. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. For further details, see our Privacy Policy.

11. Changes to terms:

Encounter may update these Terms from time to time. Changes will apply to your use of our website and app from the date they are published.