Online Services Terms of Use (“Agreement”)

This agreement covers the Terms of Use for online services and access to our website.

These Terms govern your use of the website and all services provided in connection with the website.

By using the website, you confirm that you have accepted and will comply with these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.

YOUR ACCOUNT

You can access several areas of the website without registering your details with us. But you need an account for most of the services areas to make payments and enroll in courses.

To use the website, you must be over eighteen years of age.

When setting up an account, you must provide and continue to maintain accurate and complete information, including a valid email address.

You are not allowed to share your account login credentials with anyone. You’re fully responsible for all activity on your account, so make sure to keep your password safe. Let us know at once if you suspect someone else is using your account without permission or suspect any security issues. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will only help you in case you can demonstrate that you are the owner of the account. In the event of the death of a user, the account of that user will be closed.

ENROLLMENT AND ACCESS

When you enroll in a course, you get a license from ener8 Academy to view the course online via the ener8 Academy services and no other use. It is not allowed to transfer or resell courses in any way.

Course instructors grant ener8 Academy a license to offer a license to the course to students. So, ener8 Academy has the right to sublicense the course to the students who enroll in the course. When you enroll in a course as a student, you are getting a license from ener8 Academy to view the course online via the ener8 Academy platform and services, and ener8 Academy is the licensor of record. Courses are licensed and not sold to you. This license does not give you any right to resell the course in any manner. Sharing account information or illegally downloading the course is strictly forbidden.

In other words, ener8 Academy grants you as a student a limited, non-exclusive, non-transferable license to access and view the courses and related content for which you have paid all necessary fees, solely for your personal, non-commercial, educational purposes through the services, per these Terms of Use and any conditions or restrictions associated with a particular course or feature of our services. All other uses are forbidden. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course.

We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course or service.  You will have guaranteed access to the course for at least one year after your enrollment. The lifetime access does not apply to add-on features and services related to a course, such as virtual and Q&A sessions. For the sake of good order, the lifetime access is to the online course content but not to the instructor.

VIRTUAL AND Q&A SESSIONS

You are responsible to make use of and request private virtual and Q&A sessions if this is covered under your course subscription.

The timing of private virtual and Q&A sessions shall be mutually agreed upon between you and the course trainer and be held within six months after sign-up. Six months after sign-up, the option to have private virtual and Q&A sessions expires unless otherwise agreed.

Minimum 7 working days before a Q&A session, you shall send questions related to the course material to the course trainer. The course trainer will use his best endeavors to address these questions within the available time during the Q&A session.

Virtual and Q&A sessions are limited to the content of the course and can be used to clarify course content at the course trainer’s discretion. Virtual and Q&A sessions cannot be used for new content that is not covered in the course.

PRICING

The listed currency of our online training is US$ unless otherwise specified.

ener8 Academy and course instructors determine the prices of courses on ener8 Academy.

We regularly run promotions and sales for our courses with certain courses only being available at discounted prices for a set period.  The applicable course price will be the price on the date you make payment for the enrollment fee into a course. Some promotions are available only to new users.

For students located in countries where use and sales tax, goods and services tax, or value-added tax applies to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. We may include such taxes into the price or add such taxes at checkout.

PAYMENTS

You agree to use a valid payment method and to pay the enrollment fees for courses. You authorize us to charge your debit or credit card or process other means of payment for those fees. ener8 Academy works with third-party payment processing partners to offer you the most convenient payment methods and keep payment information secure. We reserve the right to disable access to any course for which we have not received adequate payment.

REFUNDS

You enroll in courses. You are not purchasing products that you use and then return if they don’t fit. After access is granted and due to the sensitive, proprietary nature of the copyrighted content, ener8 Academy does not refund course fees for any reason. Like college or university classes, you cannot request a refund from the instructor once you’ve enrolled in the course.

We only provide access to a limited number of high-quality courses relevant to the industries we cover. We also offer students a lot of information upfront to help to decide to enroll or not.

PROMOTIONS

ener8 Academy or our partners may offer promotional codes. These promotional codes may expire if not used within the period specified and may not be refunded for cash.

CODE OF CONDUCT AND PROHIBITED ACCESS

You can only use ener8 Academy for legal purposes. You’re responsible for all the content that you post and upload on our platform. Everything you upload should be in line with our Terms of Use, the law, and respect intellectual property rights.  You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you. We can cancel your account for indecent comments, major, or continuous offenses.

We may be prohibited from offering services to users in specific sanctioned regions. ener8 Academy is committed to complying with the sanctions laws and regulations of the European Union, the United Kingdom, the United Nations, and the United States, as well as other applicable sanctions laws and regulations in the jurisdictions in which ener8 Academy operates, subject to the primacy of local laws and regulations. To comply with various regulations, ener8 Academy does not allow users in certain countries or regions to access all or certain parts of our website.  These countries and regions may include Iran, Sudan, Crimea, Cuba, Syria, North Korea, and are subject to change depending on local and international regulations.

You may encounter an IP or payment block, depending on your location, when attempting to enroll in or access a course. If you want to get access from your country but are blocked, you can always contact us to see if we can grant access.

ener8 Academy has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms o  Use, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our services. Your content may still be available on the platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platform and services.

USAGE AT YOUR OWN RISK

If you enroll in a course, you rely on any information provided by an instructor at your own risk.

By using the services, you may be exposed to content that you consider offensive, indecent, or objectionable. ener8 Academy has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.

Our website may include links to other websites or material which are out of our control. We are not responsible for content or availability on the Internet or webpages on any other website outside our website and we do not endorse or make any representations about them. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk.

ENER8 ACADEMY’S RIGHTS

We own the ener8 Academy platform and services, including our logos, code, and own created content. You can’t play around with those or use them without authorization. Instructors retain ownership of courses they post to our platform.

All right, title and interest in and to the ener8 Academy platform and services, including our website, applications, databases, and content our employees or partners submit or provide through our services are and will remain the exclusive property of ener8 Academy and its licensors. Our platform, services, and instructors’ courses are protected by copyright, trademark, and other laws. Nothing gives you a right to use the ener8 Academy name or any of the ener8 Academy trademarks, logos, domain names, and other brand features.

You may not do any of the following while accessing or using the ener8 Academy platform and services:

-access, tamper with, or use non-public areas of the platform (including content storage), ener8 Academy’s computer systems, or the technical delivery systems of ener8 Academy’s service providers.

-disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

-copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the ener8 Academy platform or Services.

-access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, or mobile apps. You may not scrape, spider, use a robot, or use other automated means of any kind to access the services.

-in any way use the services to send altered, deceptive, or false source-identifying information; or interfere with, or disrupt, or attempt to do so, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.

BINDING AGREEMENT

You agree that by registering, accessing, or using our services, you agree that you are entering into a legally binding agreement with ener8 Academy. Do not register, access, or use the services if you do not agree to the Terms of Use.

These Terms of Use, including any agreements and policies linked to these Terms of Use, make the entire agreement between you and us.

If any part of these Terms of Use is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.

Even if we are slow in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms of Use, and we may decide to enforce them in the future. If we decided to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

DISCLAIMER

The services and their content are provided on an “as is” and “as available” basis. We, and our affiliates, suppliers, partners, and agents, make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We, and our affiliates, suppliers, partners, and agents, make no warranty that you will obtain specific results from the use of the services. Your use of the services, including any content, is entirely at your own risk.

We may decide to cease making available specific or all features of the services at any time and for any reason. Under no circumstances will ener8 Academy or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

LIMITATION OF LIABILITY

There are risks inherent to using our services. You fully accept these risks and agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using our platform and services. To the extent permitted by law, we, and our group companies, suppliers, partners, and agents, will not be liable for any indirect, incidental, punitive, or consequential damages, including loss of data, revenue, profits, or business opportunities, or personal injury or death, whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability, and the liability of each of our group companies, suppliers, partners, and agents, to you or any third parties under any circumstance is limited to the greater of one hundred United States Dollars (US$100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our website or any content on it, whether express or implied. You bear all risks associated with the use of the Internet.

Whilst we make reasonable efforts to ensure that material included on our website is accurate and complete, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with our website. If we are informed of any inaccuracies in the material on our website we will attempt to correct the inaccuracies as soon as we reasonably can.

We, and any associated companies, and the officers, directors, employees, shareholders, or agents of any of them, will not be liable to any user 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, unsuitability, or inability to use, our website;

-Use of or reliance on any content displayed on our website; or

-Any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

If you are a business user, please note that in particular, we will not be liable for:

-Loss of profits, sales, business, data, income, 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 have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IDEMNIFICATION

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend, if we so request, and hold harmless ener8 Academy, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses, including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the services.

GOVERNING LAW AND JURISDICTION

When these Terms of Use mention “ener8 Academy”, they refer to the ener8 Academy entity you’re contracting. For free courses and services, you are contracting with ener8 limited in Hong Kong. If you’re using our paid online services, you’re contracting with the ener8 Academy entity you pay to or the ener8 Academy entity from which you receive money. The Terms of Use are governed by the laws of that entity and you consent to the exclusive jurisdiction and venue of the courts of that entity.

LEGAL ACTIONS AND NOTICES

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email by us to the email associated with your account or by you to info@ener8.com.

RELATIONSHIP BETWEEN US

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

NO ASSIGNMENT

You may not assign or transfer these Terms or the rights and licenses granted under them. For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms or the rights and licenses granted under them to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

DISPUTE RESOLUTION

If there’s a dispute, our support team is happy to help resolve the issue.

UPDATES OF THESE TERMS

From time to time, we may update these Terms of Use to clarify our practices or to reflect new or different practices, and ener8 Academy reserves the right in its sole discretion to modify and/or make changes to these Terms of Use at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

These Terms of Use were last modified on 20 September 2021