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CADFEM TERMS AND CONDITIONS

CADFEM Malaysia, (hereinafter referred as “CADFEM”), and customer or entity  hereinafter referred as (“Customer”), agree to the following terms regarding the ecommerce website of CADFEM and the applicable CADFEM contracting entity listed here governing your use of CADFEM site of https://cadfem.my/

CADFEM agrees to undertake the following activities globally/worldwide and its offering to customers namely industry-leading software, IT solutions, expert support, consulting services, and knowledge transfer, serving as your go-to destination for all your simulation requirements and also offering their channel partner i.e., Ansys Innovation Certification Training Course(s), Certification(s), Cloud Access, and Badge(s), and other content made available for purchase to the customer/participant through the above mentioned e-commerce website of CADFEM. For which these Terms and Conditions framed in each instance when Customer purchases access to an Offerings.  By accepting the CADFEM ecommerce website terms and conditions impulsively the following terms and conditions of ANSYS also applicable https://www.ansys.com/legal/terms-and-conditions.

1.Definitions:

  • Affiliate: Any person or other entity directly or indirectly controlling, controlled by, or under common control of such company. A joint venture shall not be considered an Affiliate of either party.
  • CADFEM Site: A website made available by CADFEM for the purpose of providing the Offering. Any Offering, and Cloud Access is only available via an internet connection.
  • Ecommerce Web Site: A website made available by CADFEM for purposes of providing the Offerings to customers i.e. https://cadfem.my/
  • CADFEM: CADFEM Malaysia a company incorporated in India. under the provisions of Companies Act, 1956. having its principal place of business at 1-01-05 (Suite3A.5), 5th Floor, Block 1, Setiawalk, Persiaran Wawasan, Pusat Bandar Puchong, Selangor, 47160 - Malaysia
  • ANSYS: Means ANSYS, Inc. or ANSYS International LLC. or it’s affiliates.
  • Badges: An electronic certificate that shows a Named User’s completion and passing of a specific Certification issued to the Named User by Ansys and made available by Credly.
  • Customer: Means the entity or Individual identified on the License Form or Order Form.
  • Certification: Certification(s) offered in connection with the Training Course(s) inclusive of any Badges. If Customer purchases a Certification, the Certification Agreement set forth in Exhibit- A in CADFEM offerings and ANSYS website terms i.e https://www.ansys.com/legal/terms-and-conditions also applies to its Named Users for whom Customer has procured a Certification.
  • Cloud Access: Access to cloud services that Customers may purchase with an Offering. Cloud Access is purchased by the Customer from CADFEM, the CADFEM is liable to provide the Cloud access to the customer.
  • Contract User: An individual or entity, not a regular employee of the Customer, who is engaged to perform Customer’s internal data processing services and accesses an Offering in further support of such activities. If Customer is a university or academic institution, Customer may permit individuals who are students at such academic facility or university to access and use the Offering(s). Such students will be considered Contract Users of Customer.
  • Named User: An employee or Contract User of the Customer through CADFEM, as applicable, which: (i) has been authorized by the Customer to be a user of this website and to access Offerings purchased by the Customer; and (ii) is identifiable as a unique user by their e-mail address.
  • Fees: The fees payable by Customer to CADFEM, as applicable, for access to an Offering or Cloud Access.
  • License Form: Any document referencing these Terms which (i) is signed by CADFEM and the Customer, and (ii) incorporates the terms and conditions set forth herein. Each License Form will be treated as a separate agreement.
  • Order: The customer’s selected offerings to purchase as more particularly identified on the License Form.
  • Offering: The applicable Training Course(s), Certification(s), Cloud Access, and Badge(s), and other content made available for purchase.
  • Personal Data: Any information relating to an identified or identifiable natural person that is processed in accordance with these Terms.
  • Programs: Software made available by either CADFEM or ANSYS, as applicable. Program(s) are made available to customer under a separate agreement.
  • Training Course: Non-exclusive training courses provided by CADFEM through Ansys or a Training Partner which aim to provide additional tools/resources/materials to improve a Named User’s use of Programs.
  • Training Partner: A third-party providing Training Course(s) pertaining to either Ansys Programs or such party’s own Program(s) through https://cadfem.my/ website.

Subscription Procedure: Customer or Participant can order or subscribe to an offering by submitting an order through https://cadfem.ai/in/. The order shall identify the Fees for the type of oOffering subscribed. Upon receipt of an Order, CADFEM shall provide access to customer for the offering in accordance with the type of offering ordered by Customer. The type of offering shall be identified on the order and the order shall be deemed complete when evidence of payment is submitted. A Named User’s access to any offering and cloud Access, as applicable, after an order is accepted is limited to the time identified on the website or CADFEM’s web site. After such time period has expired the Named User will no longer have access to a specific Offering and Cloud Access, as applicable. Each Named User must have an appropriate user identification to gain access to the above-mentioned website via CADFEM. once the Named User’s account is established and their order is accepted, the Named User will receive a confirmation email. The Offering and/or Cloud Access may not be available: (i) in certain regions; and (ii) to Customer or a Named User if such availability would violate any applicable laws. In the event that an offering or Cloud Access is not available to Customer, Customer’s Order will not be accepted.

1. Ownership of Confidential Information: Customer agrees that all Confidential Information shall remain the property of CADFEM and its affiliates or their channel partners, and that CADFEM and its affiliates may use such Confidential Information for any purpose without obligation to Customer. Nothing contained herein shall be construed as granting or implying any transfer of rights to Customer in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.

2.CADFEM as Channel partner of Ansys, CADFEM (or)Ansys has liberty to (i) modify any offering available on the web site from time to time, and (ii) amend the content of any offering without notice to customer to correct errors. A Training course provided by a Training Partner may be removed by Ansys at the request of the Training Partner. To the extent that an offering is removed from the web Site, CADFEM or their channel partner shall inform customer by including a note in the applicable Offering description ten (10) days prior to removing the offering.

3. Disclaimer of Warranty: The CADFEM ecommerce site offering through https://cadfem.my/ and each offering provided therein are provided by Ansys and its Training Partners, as applicable, to customer and its named users on an “as is” and “as available” basis. The offering is made available to customer and its Named users by Ansys for a fixed period of time, as further specified on the specific product page(s) for the offering. Ansys does not warrant the accuracy or completeness of any offering nor any links or the information, text, graphics, links, or other items contained within an offering. Ansys and its Training Partners disclaim all warranties either express or implied, including without limitation, any implied warranties of merchantability or fitness or suitability for any purpose (whether or not Ansys or its Training Partners have reason to know, have been advised of, or are otherwise in fact aware of any such purpose) or non-infringement, whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing.

4. Third Party Content: Through the Services or offerings, customer will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. CADFEM cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. CADFEM disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
5. Payment and Refunds: Information relating to electronic transactions entered via the CADFEM ecommerce Website shall be protected by encryption technology. We have partnered with secure payment gateways i.e., Razorpay, CCAvenue, PAYTM, Amazon Pay, Google Pay, PhonePe Etc. The Website cannot interfere and does not interfere with the payment gateway mechanism/tools/application. The CADFEM Website has no access to the information that customer may enter for making the payment through the payment gateway. The customer transaction and banking details or other information as required for internet banking or other payment instruments are held by our Payment Gateway partner. By creating a link to a payment gateway, CADFEM do not endorse the payment gateway, nor CADFEM is liable for any failure of products or services offered by such a payment gateway. Such a payment gateway may have a privacy policy different from ours. All failures/errors/omissions of the payment gateway shall be solely on the payment gateway. The customer hereby consents that customer shall not claim any liability from the Website for any disputes that you may have with the payment gateway for any wrongdoing of the payment gateway.
Refund Policy: Amount once paid through the payment gateway shall not be refunded other than in the case of Multiple times debiting a customer’s card or customer’s account being debited with an excess amount in a single transaction. In such cases, the excess amount will be refunded to the customer.

6. Termination: CADFEM may terminate this agreement immediately upon written notice or by email to customer in the event that: (1) If Ansys is no longer able to provide the offerings ordered by the customer (2) Client is airing content that would violate any local, state or federal rules, regulations or laws; or (3) CADFEM is no longer providing satellite time to third parties. The customer understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

7. Non-assignability: Customer’s access and use of the AIC Site through CADFEM and any Offering is non assignable, nonexclusive, and non-transferable. Customer shall not assign these Terms or any order to any third party by operation of law, or in bankruptcy, or otherwise without prior written consent of Ansys. Customer shall hold Ansys and its Training Partners harmless from and against all losses, damages, liabilities as a result of customer’s non-compliance with this provision.

9. Customer Data: Customer agrees that any Data of the customer provides to via https://cadfem.my/ website or otherwise related to Training Course may be used for the following purposes: (i) performance of any required compliance activities with respect to customer’s purchase of any offering or Cloud Access, (ii) processing payment and delivering the website and Training courses customer purchased, (iii) providing certification exams and issues Badges and credentials, (iv) product improvement (in particular, features and functionality, workflows and user interfaces for the website and any Training Course(es) and development of new Ansys products and services), (v) improving Ansys resource allocation and support, (vi) internal demand planning, (vii) training and developing machine learning algorithms, and (viii) identification of industry trends and developments, creation of indices and anonymous benchmarking.

10. Feature Requests and Product Improvements: Customer acknowledges and agrees that any interaction with or feedback provided by customer or its Named Users to CADFEM, including any data, either directly stated or implied, may be used by Ansys to improve Ansys products and services in the future. CADFEM and if the products belongs to the channel partner, then the channel partner will be the sole owner of any and all developments, modifications, enhancements, changes or new proprietary information or intellectual property that is developed in relation to any Ansys software or related services (“Improvements”), including, without limitation, comments or feedback (“Feedback”) that is provided by customer or its Named Users to CADFEM. Ansys shall have all rights associated with any such Improvements and Feedback without recourse of reference to customer or its Named Users.

11. Data Privacy: CADFEM will use customer Data only for the purpose of performing the Services and fulfilling its duties under this terms and will not use, sell, rent, transfer, distribute, alter, mine, or disclose such data, including Anonymized Data, to any third party without the prior written consent of the customer, except as required by law. If Customer consents in writing to CADFEM use of Anonymized Data, then CADFEM agrees not to attempt to re-identify the Anonymized Data.

12. CADFEM has contracted with ANSYS to resell certain Offerings. In connection with the Offerings and Cloud Access, if Customer purchases any Offering and/or Cloud Access from a CADFEM’s website, the CADFEM is responsible for: (i) providing Cloud Access to Customer, and ii) accepting payment from Customer for any Offering and/or Cloud Access.

13. Sanctions and Export Controls:
  • a. Customer warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing CADFEM from providing Customer access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
  • b. The both Parties, customer and CADFEM represent and warrant that they are aware of, and undertake in carrying out their obligations under this Agreement and the agreements referred to within this Agreement that they will not violate and prevent becoming exposed to penalties under, all sanctions, export control, and anti-boycott laws, regulations, orders, directives, designations, licenses, and decisions of the European Union, the United Kingdom, the United States of America, and of any other country with jurisdiction over activities undertaken in connection with this Agreement, if applicable ("Sanctions & Trade Controls"). Each Party undertakes that, at all times, in the performance of their obligations under this Agreement and the agreements referred to within this Agreement, they will not take any action that causes the other Party to violate or otherwise become exposed to penalties under any Sanctions & Trade Controls. Neither Party shall be required to take or refrain from taking any action, nor shall it be required to furnish any information, that would be prohibited under any Sanctions & Trade Controls (as defined).
  • c. Notwithstanding anything to the contrary in these Terms, CADFEM may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.

14. Intellectual Property Ownership: The Customer acknowledges that all right, title and interest on the CADFEM’s website remain with CADFEM and its affiliates, except as expressly set forth in this Agreement, and that the unauthorized redistribution or dissemination online of the offerings could materially and irreparably harm to CADFEM and its suppliers.

15. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CADFEM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) CUSTOMER ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE CADFEM PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF CUSTOMER CONTENT OR INFORMATION. IN NO EVENT SHALL CADFEM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($50) OR THE TOTAL AMOUNT OF FEES RECEIVED BY CADFEM FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE CUSTOMER AND CADFEM, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO CADFEM’S ABILITY TO MAKE THE SERVICES AVAILABLE TO CUSTOMER ON AN ECONOMICALLY FEASIBLE BASIS. CUSTOMER AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Jurisdiction: The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on customer billing address for paid services and customer state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement .

Except as provided the link in first paragraph, all the parties agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counter claims) which may arise in connection with the creation, validity, effect, interpretation, or performance of, or of legal relationships established by, this Agreement or otherwise arising in connection with this Agreement and for such purposes irrevocably submit to the jurisdiction of the Singapore courts.

17. The CADFEM provides these Terms and Conditions so that Customer is aware of the terms that apply to Customer use of the CADFEM Website and their channel partner’s services. The customer acknowledge that, the Company has given a reasonable opportunity to review these Terms and Conditions.

18. Illegal Use: The offerings which are ordered by the customer may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is libelous, defamatory, constitutes an illegal threat, violates export control laws or regulations or encourages conduct that would constitute a criminal offense or give rise to civil liability.
19.Anti-Spam Laws: CADFEM does not make, and has not made, false or misleading commercial representations online or in any electronic message. CADFEM does not alter, and has not altered, the transmission data of any electronic message such that the message is delivered to a destination other than (or in addition to) that specified by the sender.
20. Modification of Terms of Service: CADFEM may modify this Agreement upon notice to customer at any time through a announcements or by sending email to registered email address. If we make significant changes to the Agreement that affect customer rights, customer will be provided with at least 30 days advance notice of the changes by email. Customer may terminate the use of the Services by providing CADFEM notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, customer will be entitled to prorated refund of the unused portion of any Offerings. Customer continued use of the Service after the effective date of any change to the Agreement will be deemed to be customer agreement to the modified Agreement.

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