Terms and Conditions

This page (together with the documents referred to on it) sets out the terms on which you may make use of our website www.bimstore.co.uk ("our site") whether as a guest or as a registered user. Please read these terms of use carefully before you use our site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must stop using our site immediately.

 

Information about us

 

Our site is owned by Space Architecture (Europe) Limited (“Space Architecture”) a company registered in England and Wales with registration number 04674960. Our registered office address is Spaceworks, Benton Park Road, Newcastle upon Tyne, NE7 7LX. Our VAT Number is 848107812.

 

Definitions

 

“bimstore” means the online database of BIM Components and related content wholly owned, maintained and managed by Space Architecture.

“BIM Component” means a digital file which contains information about a real-world physical building component or material that is used in the construction process.

“Content” includes BIM Components and shall mean all human and machine readable data retained, maintained and displayed in BIMstore by Space Architecture.

“Intellectual Property Rights” means the patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

 

Accessing our site

 

Access to and use of our site is free of charge and is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice. Whilst every effort is made to keep our site up and running, we will not be liable if for any reason all or any part of our site is unavailable at any time or for any period including the availability of any of the site features, databases or content.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to or share it with any third party. We have the right to disable any user identification code or password (whether chosen by you or allocated by us) and deny you access to our site at any time if in our opinion you have failed to comply with any of the provisions of these terms of use or for any other reason.

You are responsible for making all arrangements necessary for you to have access to the site. It is your responsibility to ensure that you have adequate anti-virus and firewall software installed on the computer that you are using to access our site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms of use and that they comply with them.

By accepting these terms of use you warrant that if acting for a corporate entity you are legally capable of entering into a binding contract on its behalf.

 

Content

 

The content of the various pages contained on our site are for general information purposes only and do not constitute professional advice or price quotes on which reliance should be placed. Space Architecture does not accept any responsibility for any loss which may arise from accessing or reliance on information contained on our site.

We may make changes to bimstore and other material on our site at any time without notice. bimstore and other material on our site may be out of date and we make no commitment to update such material.

Unless otherwise stated, all of the Intellectual Property Rights in the Content, bimstore and all other material on our site (including without limitation text, music, sound, photographs, graphical images, video, page layout and design, names, logos, trade marks and service marks) are owned by Space Architecture or licensors. You shall acquire no rights in the Content or bimstore except as expressly provided for in these terms of use.

 

Non-Exclusive Licence

 

By accepting these terms of use Space Architecture grants you a non-transferable, non-exclusive, royalty free licence to use bimstore. Such use is subject to these terms of use.

You shall not grant sub-licences, in whole or in part, of any of the rights granted under these terms of use, or sub-contract any aspects of exploitation of the rights licensed to it, without Space Architecture’s prior written consent.

Subject to compliance in full with these terms of use, you may view and download individual BIM Components contained at bimstore for the following purposes;

(i)            your own personal use where that personal use is not for any commercial or profit making purpose; or

(ii)           for use by educational institutions and their students for educational purposes only; or

(iii)          for inclusion in any drawings or contract documents used or intended to be used in connection with a building contract where you are or may become a contracting party, or in connection with which you are engaged or may be engaged in the future by one of the contracting parties in a professional capacity

but not otherwise.

By accepting these terms of use, you irrevocably agree that:

(i)            You may not use bimstore for the purpose of developing and/or maintaining for yourself or for others, an alternative service provision which either directly or indirectly competes with bimstore or in some other way serves the same or a similar purpose as bimstore;

(ii)           Save within your user desktop and using functionality expressly provided within bimstore for the uses permitted above you may not use, copy, decompile, disassemble, adapt, merge, translate, reverse engineer, or in any way modify BIM components, nor make available BIM components in any form, nor assist any other person to do any of the aforementioned acts, either in whole or part, to any third party except as expressly agreed with Space Architecture in advance in writing, there being no presumption that Space Architecture should in any way be required to agree; and

(iii)          You may not sell, assign, transfer, rent, sublicense, loan, mortgage, charge or otherwise deal in any way in bimstore or any interest in it, except as expressly agreed with Space Architecture in advance in writing, there being no presumption that Space Architecture should in any way be required to agree.

 

Conduct and content standards

 

Any material you transmit or post to our site shall be considered non-confidential and non-proprietary. We shall have no obligation with respect to any such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from our site any material:

that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to insight racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, promotes violence, is likely to embarrass, alarm, harass, upset or annoy another person or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licenses and/or approval;
which constitutes or encourages conduct that is considered a criminal offence, gives rise to civil liability or is otherwise contrary to the law or infringes the rights of any third party in any country in the world; or
which is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, denial-of-service attack or distributed denial-of-service attack, corrupt data or any other malicious software or harmful data.
We may from time to time provide interactive services on our site, including, without limitation:
chat rooms; bulletin boards; and Feedback boards.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what type of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our conduct and content standards, whether the service is moderated or not.

We will determine, in our discretion, whether there has been a breach of our conduct and content standards. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with our conduct and content standards constitutes a material breach of the terms of use upon which you are permitted to use our site and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our site
immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
the commencement of legal action against you;
the disclosure of information to law enforcement authorities as we feel is reasonably necessary.
Links to and from other websites

Links to third party websites on our site are provided solely for your convenience. We have not reviewed all of these third party websites and do not control and are not responsible for those websites or their content or availability. We do not endorse or make any representations about external websites or any material found there or any results that may be obtained from using them. If you decide to access any of the third party websites linked to on our site, you do so entirely at your own risk.

If you would like to link to our site, you may only do so on the basis that you link to, but do not replicate, the home page of our site, and subject to the following conditions:

· you do not remove, distort or otherwise alter the size or appearance of any of our logos;
· you do not create a frame or any other browser or border environment around our site;
· you do not in any way imply that we are endorsing any products or services other than our own;
· you do not misrepresent your relationship with Space Architecture and do not present any other source of information about us;
· you do not use any trade marks displayed on the site without our express written permission;
· you do not link from any website that is not owned by you; and
· your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person, firm or company or otherwise does not comply with all applicable laws and/or regulations. We expressly reserve the right to revoke the right to link to our site granted above for breach of these terms of use or for any other reason and to take any action we deem appropriate.

 

Liability

 

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

· all conditions, warranties or other terms which might otherwise be implied by statute or common law;
· any liabilities for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or connection with the use, inability to use or results of the use of the site, any websites linked to it and any materials posted on it, including loss of income and revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data and loss of goodwill.
This does not affect our liability for death and personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

For the avoidance of doubt, Space Architecture shall not be liable for any loss resulting from, or in any way arising out of or in connection with, your or any other third party’s:

a.            inappropriate use of bimstore or the Content;

b.            failure to exercise reasonable levels of due care and attention when using bimstore or the Content; or

c.             failure to exercise reasonable levels of professional skill and competence when using bimstore or the Content.

All specifications of any BIM Component represent the applicable information available at the time of its publication. Individual manufacturers reserve the right to change their information from that which is used on this site at any time without notice to you. Latest updates regarding changes or modifications to individual specifications may be obtained by contacting the relevant manufacturer and/or its website. Neither Space Architecture nor its affiliates or service providers make any representations regarding the use of the BIM Components in terms of correctness, accuracy, fitness for purpose, reliability or otherwise.

 

Indemnity

 

The user agrees to indemnify and keep indemnified Space Architecture on a continuing basis from and against all costs, claims, demands, liabilities, expenses, damages, losses (including without limitation consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with the user’s default or breach of these terms of use or use of the materials.

 

Privacy

 

We will process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

Variation

 

We may at our sole discretion vary, amend or revise these terms of use (or any part thereof) at any time by updating this posting.

 

Governing Law and Jurisdiction

 

These terms of use shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.

 

Third party rights

 

A person who is not party to these terms of use shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

This page was last updated on: 17th March 2015