Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them. By accessing Our Site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Our Site.
ENGYS Training Hub Terms and Conditions (training.engys.com) - 3 November 2022
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Account means an account required for a User to access certain areas and/or features of Our Site, as detailed in Clause 2;
Content means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site, including all Our Courses;
Course means a training course and its materials, consisting of lectures and tutorials, made available to Users in Our Site;
User means any user of Our Site; and
ENGYS/We/Us/Our means ENGYS LLC of 20 South Sarah Street, Saint Louis, MO 63108, United States, acting for itself and on behalf of:
- ENGYS Ltd., a company registered in England and Wales under 6936178, whose registered address is 1 The Green, Richmond, Surrey, TW9 1PL, United Kingdom;
- ENGYS GmbH of Goetheplatz 1, 18055 Rostock, Germany. Registered at AG Rostock HRB 11516;
- ENGYS Srl a sole partner company from Via del Follatoio 12, 34147 Trieste, Italia, P.IVA and C.F. 01187810328, Share capital € 10.000 i.v., Trieste Business Reg. 01187810328 – Company subject to the direction and coordination of ENGYS Ltd;
- ENGYS AUST PTY LTD 47 of Camelot Street, Tennyson, QLD 4105, Australia. Registration No. 152942893; and
- ENGYS Ltda. of Rua Mostardeiro, 777, Sala 1401, CEP 90430-001, Porto Alegre, RS, Brasil.
2.1 You will require an Account to purchase and gain full access to Our Courses. All Accounts in Our Site are created, hosted and managed using the services provided by Teachable.
2.3 You must be at least 18 years of age to create an Account and/or purchase any Courses in Our Site using the payment service provided by Teachable.
2.4 When creating an Account with Teachable, the personal information you provide must be accurate and sufficient to identify yourself. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
2.5 It is also your responsibility to keep your password safe at all times. We recommend that you choose a strong password whenever you create an Account, consisting for example of a combination of lowercase and uppercase letters, numbers, and symbols. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.
2.6 Every Account must be unique to every User, and you must not use anyone else’s Account or share your Account details with anyone else.
2.7 Some of the personal information you provide when you create your Account with Teachable will be collected, used, and held by Us in accordance with your rights and Our obligations under applicable data privacy laws, as set out in Clause 15.
2.8 If you wish to close your Account, you may do so at any time using the tools provided in Our Site. Closing your Account will result in the removal of your information from Our Site. Closing your Account will also remove access to any areas or features of Our Site requiring an Account for access, including the full content of Our Courses.
3.1 Access to Our Site is free of charge, but you will have to pay Us a fee to access the full content of each one of Our Courses (the Subscription Fee).
3.2 Full payment of the Subscription Fee for any for-fee Course is due at the time of registration and is payable by debit or credit card. We will give you access to the Course when full payment has been made. The Subscription Fee shall cover the Course registration and participation, and all other Course content. The Subscription Fee gives one (1) person access to the Course and its associated materials for a twelve (12) month period.
3.3 On the anniversary of the twelve (12) month period, the Subscription Fee will be automatically collected from the debit or credit card registered in your Account and your subscription to the corresponding Course will be renewed unless cancelled prior to that date. If you cancel your subscription to a Course at any point during the twelve (12) month period, you will retain access to that Course until the full twelve (12) month period has expired.
3.4 Regardless of your location or local currency, Our Subscription Fees are payable in US Dollars at the net prices advertised in Our Site. You may also have to pay value added tax and/or other taxes in addition to the Subscription Fees depending on your location. If taxes are due on your purchase, We will try to collect and pay those taxes on your behalf, but this may not always be possible. Ultimately, it is your responsibility to make sure all taxes due on the Subscription Fees are paid to the relevant authorities where required.
3.5 All Subscription Fee payments completed in Our Site are collected and processed by Teachable on behalf of ENGYS. You will receive a receipt via email following the purchase of any of Our Courses, including any taxes collected where applicable.
4. Promotions and Discounts
4.1 If at any point We choose to offer a promotional code for any for-fee Course, the time period and Course discount specified in the promotion will supersede the normal Subscription Fee and/or time period for such Course for the first payment.
4.2 Once the promotional time period expires, Users must pay the full Subscription Fee to retain full access to the Course. Users who do not pay the full Subscription Fee will be unregistered from any and all Courses for which the promotional code was applicable.
5. Refunds Policy
5.1 Your satisfaction is very important to Us. If you are not satisfied with any of Our Courses, you can contact Us for a refund within 30 days of your purchase. You will receive a pro-rated refund calculated as your Course completion percentage times the Subscription Fee that you have paid for that Course.
5.2 To make a request for a refund, you must submit your request in writing to [email protected]. Once We have received and processed your request, We will notify you via e-mail regarding your refund status. You can expect a refund in 7 to 14 business days on the same form of payment originally used to pay the Subscription Fee of the Course.
6. Course Availability
Our Courses are generally available twenty-four (24) hours a day, seven (7) days a week but may periodically be down during times of maintenance required by Our Site's hosting service. Every effort will be made to inform you of downtime in advance, but may not always be possible.
7. Course License
7.1 Upon payment of the Subscription Fees (as set out in Clause 3), We grant you a limited, non-exclusive license to view the full content of the Courses on Our Site for non-commercial transitory viewing only (the Course License). This is the grant of a license, not a transfer of title, and under this Course License:
- you may not record Our Courses in any form or media;
- you may not use Our Courses for any commercial purpose (i.e. selling or redistributing a Course for profit), or for any public display (disseminating a Course to participants who have not paid the Subscription Fee to access such Course);
- you may not attempt to decompile or reverse engineer any software contained on Our Site;
- you may not remove any copyright or other proprietary notations contained in Our Courses; and
- you must comply at all times with all the provisions set out in these Terms and Conditions, in particular those related to Intellectual Property Rights (under Clause 8), Acceptable Usage Policy (under Clause 9) and Viruses, Malware and Security (under Clause 10).
7.2 We review Course usage on a routine basis and reserve the right to moderate all Content on Our Site including any and all public information shared by you. Pursuant to sub-Clause 9.3, We shall terminate the Course License at any time if you are found to breach any of the restrictions set out in sub-Clause 7.1.
8. Intellectual Property Rights
8.1 Unless otherwise stated, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content belongs to or has been licensed by Us. All Content is protected by applicable state and/or federal laws in the United States, as well as by international intellectual property laws and treaties. All rights are reserved.
8.2 Subject to Clause 7 and sub-Clauses 8.3 to 8.5 below, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use any Content from Our Site unless given express written permission to do so by Us.
8.3 You may:
- Access, view and use Our Sites in a web browser (including any web browsing capability built into other types of software or app);
- Download Our Sites (or any part of it) for caching only;
- Print pages from Our Sites;
- Download extracts from pages on Our Sites; and
- Save pages from Our Sites for later and/or offline viewing.
8.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
8.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
9. Acceptable Usage Policy
9.1 You may only use Our Site (including, but not limited to, the creation of Comments) in a manner that is lawful and that complies with the provisions of this Clause 9. Specifically:
- you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
9.2 You must not post, communicate, or otherwise use Our Site in any way that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
- implies any form of affiliation with Us where none exists;
- can be used to exchange information, services, materials, or software in return for payment of any kind;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; and
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site at any time if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
- suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
- terminate your Course License, as defined in Clause 7;
- remove any content submitted by you that violates this Acceptable Usage Policy;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions that We deem reasonably appropriate (and lawful).
9.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under applicable state and/or federal laws in the United Sates, or similar international laws. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use your Account and/or Our Site will cease immediately in accordance with sub-Clause 9.3.
11. Links to Our Site
11.1 You may link to Our Site provided that:
- you do so in a fair and legal manner;
- you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
- you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
11.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
11.3 You may not link to Our Site from any other site the content of which contains material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.3);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.4 The content restrictions in sub-Clause 11.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 11.3. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
12. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
13.1 Access to Our Site and Content is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.
13.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
13.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
14. Our Liability
14.1 Excluding your rights under Clause 5 and to the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
14.2 If you are a business User, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.3 Although We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware (as set out in Clause 10), We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
14.4 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, hosting failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.5 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
15. Privacy and Cookies
16. Communications from Us
16.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, new Courses, service changes and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by Us include an unsubscribe link.
17. Trade marks
17.1 ENGYS® and HELYX® are registered trade marks of ENGYS Ltd.
17.2 ELEMENTS is a non-registered trade mark of Streamline Solutions LLC, a joint venture between ENGYS Ltd. and Auto Research Center LLC. We are fully authorised to use the mark ELEMENTS, as well as sale, market, distribute, license, support and deliver training for this software product.
17.3 Beyond the marks referred to in sub-Clauses 17.1 and 17.2, any other products or company names reproduced in Our Site which are not the property of ENGYS are non-registered trade marks or registered trade marks of their respective holders. Any references to these third-party marks does not imply any affiliation with or endorsement by their owners.
17.4 None of the OPENFOAM® related products and services advertised in Our Site are approved or endorsed by OpenCFD Ltd., producer and distributor of OpenFOAM software via www.openfoam.com, and owner of the OPENFOAM® and OpenCFD® trade marks.
18. Changes to These Terms and Conditions
18.1 The date on which these Terms and Conditions were last updated is indicated in the first paragraph at the top of this page.
18.2 We may change these Terms and Conditions from time to time. Any such changes will become binding on you on your first use of Our Site after the changes have been made. You are therefore advised to check this page regularly.
18.3 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
19. Contact Us
You can contact Us if you have any questions or complaints about the use of Our Site by email at [email protected], by telephone on +1 314 474 0580, or by post at ENGYS LLC, 20 South Sarah Street, Saint Louis, MO 63108, United States.
20. Governing Law