Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them. By accessing any of Our Sites, 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 Sites.
ENGYS Website Terms and Conditions (engys.com / clients.engys.com) - 7 May 2020
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- 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 Sites; and
- ENGYS/We/Us/Our means (i) ENGYS Ltd., a company registered in England under number 6936178, whose registered address is 1 The Green, Richmond, Surrey, TW91PL, UK, and (ii) all its subsidiary companies:
ENGYS GmbH of Goetheplatz 1, 18055 Rostock, Germany. Registered at AG Rostock HRB 11516;
ENGYS Srl a sole partner company from Strada per Vienna, 9, 34151 TRIESTE (TS), 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;
ENGYS LLC of 20 South Sarah Street, Saint Louis, MO 63108, USA; and
ENGYS Ltda. of Rua Mostardeiro, 777, Sala 1401, CEP 90430-001, Porto Alegre, RS, Brasil.
2. Access to Our Sites
2.1 Our Sites, engys.com and clients.engys.com, are operated by ENGYS Ltd. of Studio 20, Royal Victoria Patriotic Building, John Archer Way, London, SW18 3SX, UK.
2.2 Access to Our Sites is free of charge. No part of Our Sites requires payment of any kind in order to access or use it.
2.3 It is your responsibility to make any and all arrangements necessary in order to access Our Sites.
2.4 Access to Our Sites is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Sites (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Sites (or any part of it) is unavailable at any time and for any period
3. Intellectual Property Rights
3.1 All Content included on Our Sites and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise in Clause 4, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
3.2 Subject to sub-Clauses 3.3 and 3.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Sites unless given express written permission to do so by Us.
3.3 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;
- Print pages from Our Sites;
- Download extracts from pages on Our Sites; and
- Save pages from Our Sites for later and/or offline viewing.
3.4 Our status as the owner and author of the Content on Our Sites (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content saved or downloaded from Our Sites 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 Sites for general information purposes whether by business users or consumers.
3.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the UK Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
4. Third-party Rights
4.1 None of the OPENFOAM® related products and services advertised in Our Sites 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.
4.2 The following third-party material has been used in Our Sites under the Creative Commons license:
- Royal Victoria Patriotic Building image in engys.com/company and engys.com/contact-us. Downloaded from: https://flic.kr/p/i24uwM. Copyright 2013 _Kotomi. License: Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0).
- Rostock image in engys.com/contact-us. Downloaded from: https://flic.kr/p/JWMh5a. Copyright 2016 bob van der zwaag. License: Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0).
- Brisbane image in engys.com/contact-us. Downloaded from: https://flic.kr/p/pf5HYe. Copyright 2013 Diego Maia. License: Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0).
- Trieste image in engys.com/contact-us. Downloaded from: https://pixabay.com/en/trieste-italy-friuli-capital-174719/. No Copyright. License: Public Domain Dedication CC0 1.0 Universal (CC0 1.0).
- City of London image in engys.com/applications/building. Downloaded from: https://flic.kr/p/ixJhi1. Copyright 2013 kloniwotski. License: Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0).
- Queen Mary 2 image in engys.com/applications/marine. Downloaded from: https://flic.kr/p/7AA6do. Copyright 2009 salehi hassan. License: Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0).
- Turbine Blades image in engys.com/applications/turbo. Downloaded from: https://flic.kr/p/NQnNqc. Copyright 2016 Jez. License: Attribution-NonCommercial-NoDerivs 2.0 Generic (CC BY-NC-ND 2.0).
- Airbus A380 image in engys.com/applications/aerospace. Downloaded from: https://flic.kr/p/3gjuq7. Copyright 2007 Todd Lappin. License: Attribution-NonCommercial 2.0 Generic (CC BY-NC 2.0).
- California Wind Farm image in engys.com/applications/energy. Downloaded from: https://flic.kr/p/hT8ZKB. Copyright 2010 reynermedia. License: Attribution 2.0 Generic (CC BY 2.0).
- Refinery image in engys.com/applications/process. Downloaded from: https://flic.kr/p/4gYN2C. Copyright 2007 Rongy Benjamin. License: Attribution-NoDerivs 2.0 Generic (CC BY-ND 2.0).
- hackNY spring 2013 student hackathon image in engys.com/applications/academia. Downloaded from: https://flic.kr/p/eduf6M. Copyright 2013 hackNY.org. License: Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0.
5. Links to Our Sites
5.1 You may link to Our Sites 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 Sites 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.
5.2 Framing or embedding of Our Sites on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
5.3 You may not link to Our Sites from any other site the main 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 designed 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 designed 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 5.3);
- 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.
5.4 The content restrictions in sub-Clause 5.3 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 5.3. 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.
6. Links to Other Sites
Links to other sites may be included on Our Sites. 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 Sites is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7.1 The Content on Our Sites does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to CFD engineering analysis and design optimisation.
7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Sites 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.
7.3 We make reasonable efforts to ensure that the Content on Our Sites 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.
8. Our Liability
8.1 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 Sites or the use of or reliance upon any Content included on Our Sites.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Sites or any Content included on Our Sites.
8.3 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.
8.4 Although We exercise all reasonable skill and care to ensure that Our Sites are free from viruses and other malware (as set out in Clause 9), 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 Sites (including the downloading of any Content from it) or any other site referred to on Our Sites.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Sites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 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. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to ensure that Our Sites is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Sites.
9.4 You must not attempt to gain unauthorised access to any part of Our Sites, the server on which Our Sites is stored, or any other server, computer, or database connected to Our Sites.
9.5 You must not attack Our Sites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the UK Computer Misuse Act 1990 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 Our Sites will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Sites in a manner that is lawful. Specifically:
- You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- You must not use Our Sites in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use Our Sites 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 Sites in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Sites if you materially breach the provisions of this Clause 10 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 right to access Our Sites;
- 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 which We deem reasonably appropriate (and lawful).
10.3 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.
11. Privacy and Cookies
12. Communications from Us
12.1 If We have your contact details, We may from time to time send you important notices by email in accordance with Our Privacy Notice (see Clause 11). Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
12.2 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.
13. Contacting Us
If you have any questions or complaints about Our Sites, please contact Us by email at email@example.com, by telephone on +44 (0) 20 3239 3041, or by post at ENGYS Ltd., Studio 20, Royal Victora Patriotic Building, John Archer Way, London, SW18 3SX, UK, including a clear description of your query.
14. Changes to These Terms and Conditions
14.1 The date on which these Terms and Conditions were last updated is indicated in the first paragraph at the top of this page.
14.2 We may alter these Terms and Conditions at any time and without any notice given. Any such changes will become binding on you upon your first use of Our Sites after the changes have been implemented. You are therefore advised to check this page regularly.
14.3 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.
15. Trade marks
15.1 ENGYS® and HELYX® are registered trade marks of ENGYS Ltd.
15.2 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.
15.3 Beyond the marks referred to in sub-Clauses 15.1 and 15.2, any other products or company names reproduced in Our Sites 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 do not imply any affiliation with or endorsement by their owners.
16. Law and Jurisdiction
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 If you are a consumer in the UK, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
16.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.