TERMS AND CONDITIONS
Software license agreement
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
If you are obtaining the software as defined below on behalf of a company, you represent that you are duly authorised to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between BimBakery® (a division of LARGEarchitecture.cc) and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download, purchase or install the software.
PROPRIETARY RIGHTS AND CONDITIONS:
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all graphic/image, gsm, lcf and text files) are owned by BimBakery® (a division of LARGEarchitecture.cc). Such rights are protected by South African copyright laws, other applicable copyright laws, and international treaty provisions. BimBakery® (a division of LARGEarchitecture.cc) retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted in the case of changing the ‘Default Settings’ and changing objects which are explicitly sold as ‘Open Source’ objects). The software, including any modified or customised versions, cannot be resold, redistributed, or offered as a service without explicit written permission from BimBakery® (a division of LARGEarchitecture.cc) reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, this includes any references to BimBakery® (a division of LARGEarchitecture.cc)
All products are granted with a tool/solution license . This gives you the right to use the software on one machine at a time. You are not permitted to make copies of the software without first purchasing the appropriate additional licenses. This license does not grant any reseller privileges.
DISCLAIMER OF WARRANTIES:
To the extent allowed by local law, this software is provided to you “as is” without warranties or conditions of any kind, whether oral or written, express or implied. BimBakery® (a division of LARGEarchitecture.cc) specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.
After purchase you cannot claim updates because of future versions of ARCHICAD or updates of the object itself.
LIMITATION OF LIABILITY:
Except to the extent prohibited by local law, in no event will BimBakery® (a division of LARGEarchitecture.cc), or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
Software (including but not limited to all graphic/image, gsm, lcf and text files) that is not specifically referred to as “trial software”, or that includes the “source code”, cannot be returned for a refund. Should you experience a problem with any purchased software, BimBakery® (a division of LARGEarchitecture.cc) offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
Some software and services purchased from BimBakery® (a division of LARGEarchitecture.cc) may include limited free support (technical support, re-downloads, and free updates). Unless stated otherwise, the free support is only available through our website/email. If you require more advanced technical support or require telephone assistance, additional consulting services or a support plan may be required.
You must make every attempt to safeguard your data and other files during installation, when upgrading, or when installing an update. BimBakery® (a division of LARGEarchitecture.cc) does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Prestashop) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
BimBakery® (a division of LARGEarchitecture.cc) neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. BimBakery® (a division of LARGEarchitecture.cc), it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
Website Terms and Conditions of Use Relating to the use of the www.bimbakery.co portal, as well as any of the workflow solution offerings created by BimBakery™.
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the BimBakery®- a division of LARGEarchitecture.cc (“Provider”) website and solutions located or downloaded at the domain name www.bimbakery.co or utilised in ARCHICAD (“the Solutions”). By accessing and using the Solutions, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained from the solutions for marketing and other purposes without the consent of the Provider.
By using the solutions or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website (www.bimbakery.co) sells ‘ARCHICAD BIM workflow solutions’ online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the administrator, firstname.lastname@example.org.
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates to the use of the portal and the solutions. The User’s continued use of this Website or the solutions following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information in the solutions. Content currently or anticipated to be displayed within the solutions or is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Objects, workflow solutions, code, know-how, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the solutions at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
By using the solutions that bear the BimBakery™ Mark, you accept that parts of the solutions are unique in their assembly, and that any direct copy of the solutions would infringe on our rights. Furthermore, you acknowledge that the Solutions presented as the BimRecipe™ solution has a PATENT application pending (2015/00829), and that any replication of this solution will be protected under the PATENT application dated 05/02/2015. The longevity of these solutions are reliant on the adoption rate, which will result in the solution offering remaining viable. The “Provider” holds the right to withdraw the solution at the end of the last archicad version it was developed for.
Limitation of liability
The Website and all Content in the solutions/tools, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the solutions or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual use
The User may visit the Website or utilise the solutions without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
The solutions are controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.