Terms and Conditions
These Terms apply to accounts, learner tools, and courses hosted on training.bess.courses. The foundation course is sold both directly on bess.courses — with checkout by Stripe and delivery in the training.bess.courses classroom — and on Udemy, where Udemy’s terms govern checkout, access, refunds, progress tracking, and certificates. This agreement is between you and BESS.courses, operated by the legal entity identified in the footer and owned by Sergey Syrvachev. By using the Website or purchasing a directly hosted Service, you agree to these Terms. If you do not agree, do not use the Website. An order is accepted when We send confirmation that access or enrolment has been approved.
Definitions and Interpretation
In this Agreement: “Account” means the profile and credentials used to access learner features or purchased learning products; “Adult” means a person 18 years of age or older; “Content” means the text, graphics, images, audio, video, files, quizzes, and other materials made available through the Website; “Services” means the courses, learner tools, account features, and related support offered through BESS.courses; “Payment Information” means the transaction details processed by our authorized payment provider—we do not store full payment-card numbers; “User” means any person or organization accessing the Website; “Website” means bess.courses and training.bess.courses, and their related BESS.courses learning pages; and “We”, “Us”, or “Our” means BESS.courses, operated by the legal entity identified in the footer.
Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
Intellectual Property
- 4.1 Unless stated otherwise, Content created for BESS.courses is owned by BESS.courses or licensed to it; third-party materials remain owned by their respective rights holders. Content is protected by applicable intellectual-property laws.
4.2 You may access Content for your personal or internal business learning. You may not reproduce, distribute, resell, publish, or create derivative course materials except where the Website expressly permits it, applicable law allows it, or We provide written permission.
Third Party Intellectual Property
- 5.1 Third-party trademarks, diagrams, excerpts, references, and other materials remain the property of their respective owners and are used under licence, permission, or applicable law.
5.2 You must follow any attribution or use restrictions shown with that material and obtain the relevant owner’s permission for reuse beyond what applicable law permits.
Fair Use of Intellectual Property
Material from the Website may be reused only where permitted by applicable law or with Our prior written permission.
Links to Other Websites
This Website may link to third-party sites or platforms, including Udemy. We do not control them and are not responsible for their content, availability, privacy practices, or terms. A link does not imply endorsement unless We expressly say so.
Links to this Website
You may link to public pages on this Website in a lawful and non-misleading way that does not imply sponsorship or endorsement. Do not frame, mirror, or misrepresent the Website or use links to bypass access controls.
Use of Communications Facilities
- 9.1 If you use a form, message, comment, or other communication feature, you must use it lawfully and respectfully. We may suspend or close an Account for misuse.
- 9.1.1 Do not submit unlawful, abusive, threatening, discriminatory, defamatory, violent, infringing, deceptive, malicious, or spam content.
9.1.2 Do not impersonate another person or misrepresent your affiliation.
9.1.3 Do not attempt to compromise the Website, other Users, or their data.
- 9.2 We may review, moderate, retain, and process communications as reasonably necessary to provide support, protect Users, enforce these Terms, and comply with law, as described in the Privacy Policy.
9.3 You retain ownership of Content you submit. You grant Us a limited, non-exclusive licence to host, process, and display that Content only as needed to operate the relevant Service.
Accounts
- 10.1 To create an Account or purchase a Service, you must provide accurate, current information and use only Payment Information you are authorized to submit.
- 10.1.1 You must keep your Account information current.
- 10.2 Keep your Account credentials secure and do not share them. Contact sergey@bess.engineer promptly if you suspect unauthorized access or an unauthorized transaction.
10.3 We may suspend or close an Account where reasonably necessary to address misuse, a security risk, or a material breach of these Terms. Billing and refunds remain subject to the transaction accepted at checkout, Clause 14, and any mandatory rights that apply.
Termination and Cancellation of Accounts
- 11.1 You may stop using your Account at any time. We may suspend or terminate an Account for misuse, a security risk, a material breach of these Terms, or where required by law, and will provide notice when reasonably practicable.
11.2 If We terminate an Account before an order is accepted, that order will not proceed and any captured amount will be returned through the original payment method. Existing purchase and refund rights remain governed by Clause 14 and mandatory law.
Services, Pricing and Availability
12.1 We aim to describe each Service accurately. The course page and checkout shown at the time of purchase form the current description of the Service.
12.2 Availability, enrolment limits, and any prerequisites will be shown on the relevant course or checkout page.
12.3 Prices and promotions may change, but a completed order is charged at the price confirmed at checkout. Taxes, if applicable, are shown before payment.
12.4 If a hosted Service is materially different from its confirmed description, contact sergey@bess.engineer so We can investigate and provide an appropriate correction or remedy.
Orders and Provision of Services
- 13.1 The Website and course pages invite you to place an order; they are not themselves a contractual offer. A binding contract is formed when We accept your order and send an order confirmation.
13.2 The confirmation will identify the purchased Service, the amount charged, applicable taxes, and the information needed to access it.
13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Relevant times and dates for the provision of the Services;
13.2.4 User credentials and relevant information for accessing those services.
13.3 If We do not accept an order, We will not complete the charge. Any captured amount for an unaccepted order will be returned through the original payment method.
13.4 Payment is taken according to the one-time, instalment, or subscription terms clearly shown at checkout. No setup fee or recurring charge applies unless it is expressly displayed and accepted before purchase.
13.5 Digital access is normally provided promptly after successful payment and account confirmation. Temporary delays may occur for fraud review, payment authorization, or technical maintenance.
13.6 We will provide hosted Services with reasonable skill and care.
13.7 If access or the purchased Service is not supplied as confirmed, contact sergey@bess.engineer and We will investigate and make an appropriate correction.
13.8 Support is available by email at sergey@bess.engineer. Response times may vary, and We do not promise continuous or telephone support.
Cancellation of Orders and Services
We want learners to receive the access and content they purchased. For the foundation course sold on Udemy, Udemy’s checkout, cancellation, and refund rules apply. For courses sold directly on bess.courses: Full refund within 7 days of purchase, provided less than half the course has been completed — one email to sergey@bess.courses. Mandatory consumer rights are unaffected.
14.1 Nothing in these Terms limits a cancellation or refund right that cannot lawfully be excluded.
14.2 Where applicable law provides a cooling-off period, requesting immediate access to digital content may require your express acknowledgement that access begins before that period ends and that the right to cancel may be affected once performance begins. The checkout flow will present any acknowledgement required for the transaction.
14.3 Approved refunds are returned through the original payment method and may take additional time to appear depending on the payment provider. Third-party purchases, including Udemy purchases, must be handled through that platform.
- 14.4 If a directly hosted Service is ever offered on a subscription or instalment plan, its renewal and cancellation terms will be stated on this page before purchase.
Privacy
Use of the Website is also governed by Our Privacy Policy, available from the footer of every page and incorporated into these Terms and Conditions by reference.
How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with applicable privacy and data protection laws.
- 16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 We process personal information as described in the Privacy Policy available through the footer. We may use service providers such as Cloudflare, our website and classroom hosting providers, video delivery and email providers, authentication providers, and payment providers where necessary to operate the Website and deliver Services.
16.4 We do not sell personal information. Providers receive only the information reasonably necessary for their role and process it under their own terms, our instructions where applicable, and relevant law.
Disclaimers
17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
Changes to the Website and these Terms
We may update the Website, its Content, or these Terms. The version shown when you place an order governs that transaction unless a change is required by law or you expressly agree to it. Other changes apply from their stated effective date.
Availability of the Website
- 19.1 The Website is provided on an “as available” basis. We aim to maintain reliable access but do not guarantee uninterrupted, error-free, or secure operation. Maintenance, platform changes, and outages may occur.
19.2 To the extent permitted by law, We are not responsible for interruptions caused by third-party hosting, internet or payment providers, power or network failures, maintenance, security incidents, natural events, legal restrictions, or other events beyond Our reasonable control. Refund rights, if any, are governed by Clause 14, checkout terms, and mandatory law.
Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
20.3 Nothing in these Terms and Conditions excludes or restricts liability for direct loss arising from the incorrect provision of Services or reliance on incorrect information included on the Website where that liability cannot lawfully be excluded or limited.
20.4 If any term is found unlawful, invalid, or unenforceable, that term is severed only to the extent necessary and the remaining Terms and Conditions remain valid and enforceable.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms confers rights on a third party unless applicable law requires otherwise. The agreement created by these Terms is between you and BESS.courses.
Communications
- 24.1 Send legal notices and other communications to sergey@bess.engineer. A notice is treated as received on the business day it is received in full, or on the next business day if received on a weekend or public holiday in British Columbia.
24.2 If you opt in to marketing emails, you may unsubscribe at any time using the link in the message.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Us are governed by the laws of British Columbia and the federal laws of Canada applicable there. The courts of British Columbia have jurisdiction, subject to any mandatory consumer-protection rights that apply in your place of residence.