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Agreement^*
BIMcontent - Terms of Use 1. Terms of use BIMcontent.com is a brand of Innovative Growth Solutions Pty Ltd of Suite 8, 118 Prospect Road, Prospect, SA 5082 Australia (referred hereafter as ‘IGS’, ‘we’, ‘us’ or ‘our’). Our website and mobile applications are a web platform for the building design and construction industry. The main type of data hosted on the website is ‘Building Information Modelling’ (BIM) data. The web platform will allow building product manufacturers, architects, design professionals and contractors to share data, connect and collaborate with potential customers and project partners. Please read these terms of use carefully as they apply to your use of the website and mobile applications we offer, including any content on them (www.BIMcontent.com). By accessing or using BIMcontent.com you agree to be bound by these terms of use. If you are accessing or using BIMcontent.com on behalf of another entity, then you are accepting these terms of use on behalf of that entity and you represent and warrant that you have the right, authority, and capacity to enter into this agreement on behalf of that entity. If you do not agree to these terms of use, you should not use BIMcontent.com. Certain features of BIMcontent.com may be subject to additional guidelines, rules or terms and/or the payment of fees, which will be notified to you prior to using such features. Any such guidelines, rules or terms which become relevant to your use of BIMcontent.com are incorporated by reference into, and form a part of, these terms of use. We may revise these terms of use from time to time. We will display a notice on BIMcontent.com indicating when any such revisions have been made. 2. Intellectual property rights a. BIMcontent.com is subject to copyright and possibly other intellectual property rights. b. Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable licence to access and use of BIMcontent.com for your own use. c. We do not claim ownership of any pictures, project or product information, design ideas or other content or material you upload onto or transmit using BIMcontent.com. Your content remains owned by you or your licensors. d. We (or our licensors) retain all right, title, and interest in and to BIMcontent.com (excluding your content), and nothing you do on or in relation to BIMcontent.com will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated. e. Except as provided in these terms of use, any use or copying of BIMcontent.com for any other purpose is expressly prohibited, unless prior written consent is obtained from us. f. Subject to applicable law, if you are not a registered user we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Platform without notice, if you breach, or we reasonably believe you have breached, any of these terms of use. If you are a registered user, clause 5.1(e) will apply. 3. Linking to this Platform We host the data of Building Product Manufacturers (BPM’s) so that designers can view, download and use the files to design their building and infrastructure projects. The data is in the form of BIM, CAD, 3D files, product images and technical data sheets. While you may use the name “BIMcontent.com”, “Innovative Growth Solutions Pty Ltd” or “IGS” in the text of any such links or data, you may not use any associated logo or any of our other trademarks without our prior written consent. You must not frame BIMcontent.com or represent or imply that any part of BIMcontent.com belongs to anyone other than Innovative Growth Solutions Pty Ltd. 4. Reliance on information provided by third parties Some of the information on BIMcontent.com may be provided by third parties, including building product manufactures, architects and design professionals. Such information reflects the views expressed by those third parties, and not our own. We are under no obligation to perform background searches or investigations of such information or third parties. We cannot guarantee that this information is accurate, up-to-date or complete, and you are solely responsible for determining whether to rely on such information from third parties. 5. Registration and Your Content 5.1 Registration a. You are required to register to use BIMcontent.com to access all features on BIMcontent.com. b. When you register, you may use your email address as your username and create your own password. If you are a customer, you may be provided with a password (which you may be able to change at a later stage) and username which is personal to you. You must not share your username or password with anyone else. You must keep any username and password allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address. c. You may cancel your registration, by emailing us from the email address linked to your registration at info@igsgroup.com.au and providing your username. d. We may, without providing you with notice, suspend or cancel your registration or limit your rights to use the Platform, either temporarily or permanently, if: • you breach, or we reasonably believe you have breached, any of these terms of use; or • we deem the suspension or cancellation necessary to protect the security and integrity of BIMcontent.com, its users or any data or information stored on BIMcontent.com. e. We may remove your profile from BIMcontent.com if your registration is cancelled for any reason. f. We may access your account in connection with supporting your use of BIMcontent.com and may make changes in accordance with your instructions, including to execute actions, change your account details or your profile, on your behalf. This does not affect ownership of our client’s content, which remains owned by them or their licensors. 5.2 Client Content a. BIMcontent.com is not designed to use as a storage platform. You should retain a separate copy of any of your Content, so that you will continue to have access to the content if for any reason it ceases to become available through BIMcontent.com. b. You must not use BIMcontent.com to upload or transmit any content that: • infringes the intellectual property or other rights of another person; • is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; • relates to unlawful conduct; • creates a privacy or security risk to any person, including by soliciting personal information from any person; • solicits money from any person; • is false, misleading or deceptive; • contains financial, legal, medical or other professional advice; • would harm, abuse, harass, stalk, threaten or otherwise offend; • would reflect negatively on us, including our goodwill, name and reputation; • tampers with, hinders the operation of, or makes unauthorised modifications to the BIMcontent.com; • would breach any applicable laws; or • would otherwise result in civil or criminal liability for you, us or any third party. c. By providing us with any content, you: • grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, display, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and • warrant that you have the right to grant such licence. d. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of us exercising the rights granted to us in relation to the content provided. e. We may review, modify or remove any content in our absolute discretion where we believe it violates these terms of use. We will endeavour to notify you if we do so. 6. General restrictions In using BIMcontent.com, you must not: a. provide us with inaccurate or incomplete information; b. violate any applicable laws, or use BIMcontent.com for any purpose that is unlawful; c. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; d. operate software or automated agents or scripts of any kind in connection with BIMcontent.com to generate multiple accounts, automated searches or requests, or to strip, scrape, or mine data from BIMcontent.com (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); e. infringe our intellectual property rights, copy, alter, modify, tamper with, create derivate works of, decompile, reverse engineer or attempt to reverse engineer, the Platform, or use BIMcontent.com to develop other software, system or service, including any software, system or service which may compete with BIMcontent.com anywhere in the world or permit or facilitate any third party to do the same; f. use BIMcontent.com (or the information obtained from it) for spamming, bulk emailing or bulk mailing or for sending any other form of unwanted communication; g. use BIMcontent.com (or the information obtained from it) in any way which we, acting reasonably, consider is or may be fraudulent; h. contact other users of BIMcontent.com without a reasonable likelihood that your product or service is relevant for the user considering their role and their company’s products/services; i. collect or store data about other users of BIMcontent.com without their consent; or j. engage in any conduct that inhibits any other person from using or enjoying BIMcontent.com. 7. Warranties and liability a. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and BIMcontent.com that are not contained in these terms of use, are excluded to the maximum extent permitted by law. In particular, and without limiting paragraph (a): • while we endeavour to provide a convenient and functional Platform, we do not guarantee that your requirements will be met or that your use of the Platform will be uninterrupted, error free or that the Platform is free of viruses or other harmful components; • we cannot be responsible for any loss, corruption or interception of data sent to or from BIMcontent.com which occurs outside of our computer systems (such as those which occur while being sent over the internet); and • you are solely responsible for your interactions with other users of BIMcontent.com and any other parties with whom you interact through the Platform and we are not responsible for any liability you incur in connection with such interactions. b. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer. c. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including Australia Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. d. If any guarantee, term, condition or warranty is implied into these terms of use under Australia Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. e. Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Platform whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to the greater of AUD50 and an amount equal to the fees you have paid us for use of BIMcontent.com (if any). f. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include: • special, indirect, consequential, incidental or punitive damages; or • damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, • whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether such loss or damage was foreseeable and even if advised of the possibility of the loss or damage. g. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. 8. Variation of BIMcontent.com We may from time to time and without notice, vary, modify or cease to provide, temporarily or permanently, part of or all BIMcontent.com. 9. Links and advertisements BIMcontent.com may contain links to other third-party websites, advertisements which include embedded links and listings for the businesses and products of other users of BIMcontent.com. We have not reviewed any of the sites linked to BIMcontent.com and are not responsible for the content or accuracy of any off-site pages or any other sites linked to BIMcontent.com. The inclusion of any business, product, link or advertisement on BIMcontent.com does not imply that we endorse the included business or product, the linked site or the subject matter of the advertisement. 10. Privacy policy In using BIMcontent.com, you may give us personal information. By using BIMcontent.com, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link [Privacy Policy] to view our privacy policy. 11. Force Majeure Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control. 12. Infringing or objectionable content If you believe BIMcontent.com contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing info@igsgroup.com.au, and provide particulars of such content and a detailed description of why it is objectionable or infringing. 13. General a. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. b. These terms of use are governed by the laws of Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Australia. c. These terms of use constitute the entire agreement between us and you in relation to the Platform and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Platform. d. Your use of BIMcontent.com is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Platform, including sending you electronic notices. e. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use. f. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have. g. The word “including” when used in these terms of use is not a term of limitation.
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