General Terms and Conditions
Please read this Agreement carefully before attempting to subscribe to or access the online materials and information available on the website (the ‘Online Service’) operated by BIMWORLD Germany GmbH (‘BIMWORLD Germany’, ‘our’, ‘we’ or ‘us’) which includes all its parents, subsidiaries, and other affiliates within the BIMWORLD Germany GmbH.
These terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, mobile apps, automobile-based personal computers, handheld digital devices, and any other technology whether now known or developed in the future).By subscribing to or accessing the Online Service you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
If you do not wish to be bound by these terms and conditions then you may not subscribe to the Online Service.
2. Nature of our website
Please note that our website is available only to individuals that can form legally binding contracts under applicable law. As a business and commercial service, this website is not intended for use by minors. If you do not qualify, please leave our website now.
3. Conditions of access to the Online Service
Free access without registration is permitted to the Online Service on a limited basis. Limited access to the Online Service may be granted to you following basic registration, which is free of charge. Full access to the Online Service is only available to premium memberships.
BIMWORLD Germany GmbH hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without BIMWORLD Germany GmbH prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without BIMWORLD Germany GmbH express written consent. This licence to use the Online Service is granted on the terms and conditions of this Agreement and any additional conditions applicable to particular Materials, as set out here (‘Additional Conditions’).
If any part of the Additional Conditions is inconsistent with any provision of this Subscription Agreement, the Additional Conditions will prevail, but only to the extent of the inconsistency.
In relation to the Online Service
a) you may:
(i) display Materials electronically on a single computer or mobile device to one person at any one time;
(i i ) use the sharing tools that were provided to share links to individual articles.
b) you may not
(i) download, store, reproduce, transmit, display, copy, distribute or use Materials other than in accordance with sub-clause 3.3(a) above; Under no circumstances shall the subscriber make photocopies of any portions of the PDF-Newsletter contents, nor shall he/she fax, mail, forward or re-transmit these contents, either internally or externally, for use by individuals outside the company including distributors and independent agents, except under written agreement with the publisher, BIMWORLD Germany GmbH.
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person and any dealing in contravention of this clause 3.3(b)(ii) shall be ineffective;
(iii) make the Materials available on an internal network or elsewhere on the internet;
(iv) use the Materials in any manner, or transfer or export the materials or any copies into any country, other than in compliance with applicable laws; or
(v) allow any other person to use the Materials other than in accordance with the terms and conditions of this Subscription Agreement.
(vi) Unless otherwise specified in the Additional Conditions, the Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
(vii) BIMWORLD Germany GmbH may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms or the Additional Conditions. In these circumstances you will not be entitled to any refund.
These terms and conditions (”terms”) set out the terms on which BIMWORLD Germany GmbH (”BIMWORLD Germany ”, ”we”, ”us” and ”our”) supplies products to a subscriber. (”you/your”)
Please read these terms carefully before placing an order. By placing an order with us, you agree to be bound by these terms. If you have any queries, please contact us using the contact details listed at the end of this section.
From time to time we may revise and amend these terms. Each set of amended terms will be posted on our website and we recommend that you check the website regularly for changes. A copy is also available on request at any time. You shall review these terms at the time of each purchase and print a copy for future reference. You agree that by making a purchase following an update to these terms, you shall be bound by the new terms.
1.1. We reserve the right to withdraw or change your subscription and/or price of a product at any time.
1.2. Ordering process
1.2.1. Our subscriptions products are available online on our website.
1.2.2. Once you have placed an order we will send acknowledgement that we have received the order. This does not mean we have accepted the order. All orders are subject to acceptance by us and this acceptance will only take place when we send confirmation setting out details of the subscription the price and other information (the ”Confirmation”). The contract between us will be formed when we send the Confirmation
1.2.3.We reserve the right in our sole discretion to not accept any order.
1.2.4.Once you have received the Confirmation, the subscription will continue for the specified length of the subscription unless and until it is ended in accordance with these terms.
1.3.1. If you choose to pay by invoice, the invoice will become due for payment after 28 days from the date on the invoice. We reserve the right to suspend the subscription if payment is not received after 28 days, until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. By choosing to pay by invoice, you acknowledge and accept that we will be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.
1.3.2. Orders made by credit/debit card are subject to validation checks and authorisation by payment card issuer. We reserve the right to suspend the subscription until payment is received by us in full.
184.108.40.206. By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such card.
1.3.3. If you select to pay by Direct Debit, this will be set up with your nominated bank. The Direct Debit Guarantee is offered by all banks that accept instructions to pay Direct Debits. Please ask the applicable bank for further details.
1.4. Cancellations and refunds
1.4.1. You can cancel your subscription at any time provided that you notify us at the contact details set out at the end of this section and you receive confirmation that we have received your request. You shall be entitled to a refund in part for any un-delivered part of the subscription.
1.4.2. Please allow 30 days for a refund to be processed.
1.5. If you want to change your subscription package you can do this at any point during your subscription by contacting us at the details set out at the end of this section. We will provide you with the applicable updated price and product information.
1.6. We reserve the right to terminate your account (including your username and password) and cancel your subscription if, in our reasonable opinion, you are in breach of any of these terms. If your account is terminated in accordance with this section, we shall be under no obligation to provide a refund to you of any un-delivered part of the subscription.
1.7. If your account is terminated or your subscription is cancelled in accordance with this section, we will cease access to the digital editions and all back issues.
1.8.1.We do not accept responsibility for any loss or damage which occurs once the products have been accessed via our website.
1.8.2.We reserve the full editorial control over our products (online and print) and reserve the right to make changes to our corporate products at any time including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and the look, feel and functionality of our corporate products.
1.8.3.Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to our corporate products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our corporate products are suitable for Company’s purposes.
1.8.4.Our liability for losses that Company suffers as a result of us breaching these terms is strictly limited to the payments made by Company for the applicable corporate product.
1.8.5. This section 11 does not exclude or limit in any way our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any deliberate breaches of these terms by us that would entitle Company to terminate this contract; or for any matter for which we cannot exclude, or limit our liability under applicable law.
For all subscription and web access queries: email email@example.com
5. Modifications to the Online Service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Online Service is accurate, our website and/or the Online Service may contain typographical errors or other inaccuracies.
6. Information you provide
The following applies to any information you provide to us, for example, during any registration or subscription process.
By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information, please sign-in and go to your account options.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify BIMWORLD Germany GmbH immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
8. Applicability of online materials
Our website is controlled and operated by us from our office in Germany. Where Materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service.
We have used our best endeavours to ensure that all Materials comply with foreign laws. However, we make no representations that the Materials and the Online Service are appropriate or available for use in locations outside Germany. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
BIMWORLD Germany GmbH makes no warranties, express or implied that making the Materials and the Online Service available in any particular jurisdiction outside Germany is permitted under any applicable non-German laws or Regulations. Accordingly, if making the Online Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Online Service or the relevant Materials are not offered for subscription by you. You accept that if you are resident outside Germany, you must satisfy yourself that you are lawfully able to subscribe to the Online Service. BIMWOLRD Germany GmbH accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Online Service by persons in jurisdictions outside Germany or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright and monitoring
The contents of the Online Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is BIMWORLD Germany GmbH, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trademarks, service marks or trading names of their respective owners, including us.
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of BIMWOLRD Germany GmbH or its licensors and, to the extent applicable, is protected by German and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.
10. Linked websites
BIMWORLD Germany GmbH make no representations whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from BIMWORLD Germany GmbH and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that BIMWORLD Germany GmbH endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
11. Availability of the online service
We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
Except as set out in clause 5.1, our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Materials and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 13.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 13.3.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These terms and conditions and your use of our website are governed by German law and you submit to the non-exclusive jurisdiction of the German court.
Except in respect of a payment obligation, neither you nor BIMWORLD Germany GmbH will be held liable for any failure to perform any obligation to the other due to causes beyond your or BIMWORLD Germany GmbH respective reasonable control.
Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
All notices shall be given:
us via email at firstname.lastname@example.org or by post at
BIMWORLD Germany GmbH, Keramistr.4, 82211 Herrsching, Germany; or
to you at either the email or postal address you provide during any ordering process.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.
Acceptable Use Policy
Your use of the Online Service means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree: Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) 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 kind 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 content standards, whether the service is moderated or not.
Our Online Services are not provided for use by minors and accordingly, minors should not use our interactive services.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in Germany and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Online Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our Online Services.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may also remove contributions upon receipt of a Take Down Notice (see below). Where this occurs we shall notify you of the complaint made and in our discretion we may seek further information from you in order to enable us to decide whether to remove your contribution permanently or to reinstate it.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Notice and Take Down
If any content, including Contributions made by registered users, within the Online Services breaches your intellectual property rights, is defamatory, an invasion of your privacy or otherwise offensive to you, you should notify us immediately by sending us a Take Down Notice by email to: email@example.com stating the nature of your concern, any background necessary for us to understand your concern and a link to the relevant Material.
A breach of these additional terms constitutes a breach of this agreement which may be terminated without further notice to you as well as constituting breach of copyright which may be separately actionable.
If you wish to make further use of our content, please contact BIMWorld Germany to discuss a commercial license.
General Terms and Conditions, BIMWORLD Germany GmbH, January 2021