Terms of Service

Last updated: 28th January 2024

The EngineeringSkills website, including all content presented on the site, its sub-domains and all content hosted on third party services is owned by Mindmap Media Ltd. (“Mindmap Media“, “Company“, “we“, “our“) All rights are reserved.

These Terms and Conditions (“Terms”) describe how we regulate your use of this website, engineeringskills.com and its sub-domains (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.

By accessing this Site, you are agreeing to be bound by these Terms of Use, 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 this Site.

1.0 Privacy Policy

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

2.0 Your Account

When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorised access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.

3.0 Content Disclaimer

Everything on this Site is provided for informational and educational purposes. Our content is based on research from books, websites, and our own experience. We make reasonable efforts to make sure the information presented is accurate and up to date, but do not warrant that any of that information is accurate, complete, reliable, error free, or current. We assume no responsibility for any errors or omissions in any content presented on this Site or any other platform we upload content to, or any links to any other web resources in any of our content.

The materials on our Site are provided “as is.” We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Site or otherwise relating to such materials or on any sites linked to this Site and others we own.

4.0 Services

The Site allows you to use Services available on the Site. You shall not use the services for illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

5.0 Third Party Services

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

6.0 Prohibited Uses and Intellectual Property

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purposes. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

7.0 The Company Materials

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

8.0 Disclaimer of Certain Liabilities

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

The materials provided on this Site including analysis techniques and tools should not be used without the oversight of a professionally qualified engineer. If you are using what you learn on this Site to perform design or construction work, and you are not a professionally qualified engineer, stop and seek the advice of a professionally qualified engineer. We assume no responsibility for any works carried out using the information presented on this site.

9.0 Indemnification

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. They may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

10.0 Payment and Billing

10.1 Paid Services

Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

10.2 Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service.

We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

10.3 Payment Method.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

10.4 Recurring Billing.

Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORISATION OR CHANGE YOUR PAYMENT METHOD, GO TO OUR PAYMENT AND BILLING PORTAL.

10.5 Current Information Required.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY CONTACTING US VIA EMAIL AT hello@engineeringskills.com. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

10.6 Change in Amount Authorised.

If the amount to be charged to your Billing Account varies from the amount you preauthorised, you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

10.7 Auto-Renewal for Subscription-Based Services.

Unless you opt out of auto-renewal, which can be done through our payment and billing portal, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to our payment and billing portal. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

10.8 Reaffirmation of Authorisation.

Your non-termination or continued use of a Paid Service reaffirms that we are authorised to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

10.9 Free Trials and Other Promotions.

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@engineeringskills.com.

10.10 Taxes.

We may have a legal obligation to collect value added tax or sales tax for your purchases and subscription(s), depending on your location. In this case, we will calculate the tax owed on each charge based on the location information we have about you. The prices of our offerings include taxes. If you are exempt from paying sales taxes, you must provide us with a valid tax exemption certificate that satisfies the applicable legal requirements of your local tax authority, after which we will not collect sales tax on your purchases moving forward.

10.11 Refunds.

We offer a 30 day money back guarantee on all of our paid products. See our Refund Policy for more information.

11.0 Termination and Access Restriction

The Company may terminate your account and access to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

12.0 Miscellaneous

The governing law of the Terms shall be the substantive laws of the country where the Company is registered (Ireland), except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good-faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

13.0 Complaints

We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us using our contact page. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

14.0 Contact

We welcome your comments or questions about this Policy. You may contact us using our contact page here.