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TERMS AND CONDITIONS

These Terms and Conditions set out the terms of use under which you may use this website, blog.engys.com (Our Site). 

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 Blog Terms and Conditions (blog.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:

Account means an account required for a User to access certain areas of Our Site, as detailed in Clause 3;
Blog means the blog hosted on Our Site, created by ENGYS, consisting of Posts and Comments;
Comment means a comment made by a User on a Post;
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;
Post means a post created by ENGYS and published in the Blog on Our Site;
User means any user of Our Site; 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, TW9 1PL, UK, and (ii) all its subsidiary companies:

2. Access to Our Site

2.1 Our Site, blog.engys.com, is operated by ENGYS Ltd. of Studio 20, Royal Victoria Patriotic Building, John Archer Way, London, SW18 3SX, UK.

2.2 Access to Our Site is free of charge.

2.3 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.4 Access to Our Site 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.  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.

3. Accounts

3.1 Certain parts of Our Site require an Account in order to access them, which you must create and manage using Disqus.

3.2 We have no control or responsibility over Disqus’ terms of service, cookie policy or privacy statement. When you leave Our Site to create or manage your Account using Disqus, we encourage you to read all their terms and conditions before accessing any of their services.

3.3 When creating an Account, 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.

3.4 It is your responsibility to keep your password safe. We recommend that you choose a strong password for your Account, consisting for example of a combination of lowercase and uppercase letters, numbers, and symbols. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at blog@engys.com.

3.5 We will not be liable for any unauthorised use of your Account.

3.6 Every Account must be unique to every User, and you must not use anyone else’s Account.

3.7 Any personal information provided in your Account will be collected, used, and held by Us in accordance with your rights and Our obligations under the law, as set out in Clause 13.

3.8 If you wish to close your Account, you may do so at any time using Disqus. Closing your Account will result in the removal of your information from Our Site. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

3.9 If you close your Account, any Comments you have made will be deleted.

4. Intellectual Property Rights

4.1 With the exception of the contents in Comments and third-party marks (see sub-Clause 4.2 below and sub-Clauses 16.2 and 16.3), all Content on the Blog, Posts and on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including the content of the Blog, Posts and Comments) is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2 Subject to the licence granted to Us under sub-Clause 5.6, Users retain the ownership of copyright and other intellectual property rights subsisting in the content of their Comments, unless any part of that content is owned by a third party who has given their express permission for their material to be used.

4.3 For personal use (including research and private study) only, you may:

4.4 You may not use any Content (including the Blog, Posts and Comments) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

4.5 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.

4.6 Subject to sub-Clauses 4.3 and 4.7and Clause 5 (governing Comments), you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless given express written permission to do so.  For further information, please contact Us at blog@engys.com.

4.7 Our status as the owner and author of the contents on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.

4.8 Nothing in these Terms and Conditions limits or excludes the fair dealing 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; 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.

5. Comments

5.1 An Account is required if you wish to add Comments on Our Site, as set out in Clause 3.

5.2 You are not authorised to leave Comments on Our Site if you are under 18 years of age.

5.3 You agree that you will be solely responsible for any Comments you make anywhere on Our Site. Specifically, you agree, represent and warrant that you have the right to use the content that you submit and that your Comments comply with Our Acceptable Usage Policy, detailed below in Clause 6.

5.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 5.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

5.5 You may copy and share (reblog) other Users’ Comments within Our Site, provided that the original User is credited. If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.

5.6 When you create a Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Comment for the purposes of operating or promoting Our Site.

5.7 If you wish to remove a Comment, you may do so through your Account in Disqus. The Comment in question can be either deletedor anonymised, depending on your personal choice. Deleting a Comment also revokes the licence granted to Us to use that Comment under sub-Clause 5.6. Please note, however, that caching or references to your Comment may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

5.8 We may reject, reclassify, or remove any Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Comment in question should be removed as a result.

6. Acceptable Usage Policy

6.1 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 6.  Specifically:

6.2 When creating Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:

6.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 6 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

6.4 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.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at blog@engys.com for further information.

7.3 You may not link to Our Site from any other site the content of which contains material that:

7.4 The content restrictions in sub-Clause 7.3 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 7.3. 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.

8. 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.

9. Disclaimer

9.1 Nothing on Our Site constitutes 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.

9.2 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.

9.3 We make reasonable efforts to ensure that Our 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.

9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Comments submitted by Users. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 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 Site or the use of or reliance upon any Content (whether that Content is provided by Us or contained in Comments created by Users) included on Our Site.

10.2 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.

10.3 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 11), 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 (including any provided in Blogs, Posts, or Comments) from it) or any other site referred to on Our Site.

10.4 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, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.5 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.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 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.

11.4 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.

11.5 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.

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 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 Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

12. Privacy and Cookies

12.1 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice and Cookie Policy.

12.2 Use of Our Site is also governed by Our Privacy Notice and Cookie Policy. These documents are incorporated into these Terms and Conditions by this reference.

13. Communications from Us

13.1 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 Posts, service changes, and changes to your Account.

13.2 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.

14. Contact Us

If you have any questions or complaints about Our Site (including, but not limited to marketing emails), please contact Us at blog@engys.com, by telephone on +44 (0) 20 3239 3041, or by post at ENGYS Ltd., Studio 20, Royal Victoria Patriotic Building, John Archer Way, London, SW18 3SX, UK, including a clear description of your query.

15. Changes to Our Terms and Conditions

15.1 The date on which these Terms and Conditions were last updated is indicated in the first paragraph at the top of this page.

15.2 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 Site after the changes have been implemented. You are therefore advised to check this page regularly.

15.3 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.

16. Trade marks

16.1 ENGYS® and HELYX® are registered trade marks of ENGYS Ltd.

16.2 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.

16.3 Beyond the marks referred to in sub-Clauses 16.1 and 16.2, 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.

16.4 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.

17. Law and Jurisdiction

17.1 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.

17.2 If you are a consumer in the UK, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (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.

17.3 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 & Wales.