Terms and Conditions
Information about Us
The site is owned by BIMBox Associates Limited (“BIMBox Associates”) a company registered in England and Wales with registration number 08768220. Our registered office address is Cassons, St. Crispin House, St. Crispin Way, Rossendale, Lancashire, BB4 4PW and our trading location is BIMBox, 127 Portland Street, Manchester, M1 4PZ. Our VAT registration number is: 195802481.
1. Definitions and Interpretation
1.1 The definitions in this clause apply to these Terms and Conditions.
“BIM” means Building Information Modelling
“BIMBox” means the online database of BIM objects & components and related content wholly owned, maintained and managed by BIMBox Associates.
“BIM Object” means a digital file which contains information about a real-world physical building component or material that is used in the construction process.
“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/or BIM Objects and shall mean all human and machine readable data retained, maintained and displayed within the site by BIMBox Associates.
“Contract” means the contract between you and us which governs the access to and use of the site and its content in accordance with these Terms and Conditions.
“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.
1.2 Clause and paragraph headings shall not affect the interpretation of these Terms and Conditions.
1.3 A reference to any party includes that party’s personal representatives, successors or permitted assigns.
1.4 A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force, taking account of any amendment or re-enactment.
1.5 A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision.
1.6 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative, and shall not limit the sense of the words preceding those terms. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.7 Any obligation in these Terms and Conditions not to do something includes an undertaking not to allow that thing to be done.
2. Accessing the Site
2.1 Access to and use of www.bimbox.co.uk (“the site”) is free of charge and is permitted on a temporary basis.
2.2 BIMBox Associates reserve the right to withdraw or amend the service we provide on the site without notice.
2.2 By accepting these Terms and Conditions, you warrant that if acting for a corporate entity, you are legally capable of entering into a binding contract on its behalf.
2.3 You warrant that your use of the site or the Content:
- will not infringe the Intellectual Property Rights of any third party;
- will not be defamatory, libellous, obscene or otherwise unlawful;
- will not violate any applicable law, statute or subordinate legislation.
3. Content & Intellectual Property
3.1 The content contained on the site is for general information purposes only and does not constitute professional advice. BIMBox Associates do not accept any liability for any loss which may arise from reliance on information contained on the site.
3.2 BIMBox Associates may update information contained on the site at any time without notice. Should material on the site be deemed out of date BIMBox Associates makes no commitment to update such material.
3.3 All of the Intellectual Property Rights in the Content, BIMBox and all other material on the site are owned by BIMBox Associates or licensors. You shall acquire no rights in BIMBox or the Content except as expressly provided for in these Term and Conditions.
4. The Non-Exclusive licence
4.1 By accepting these Terms and Conditions, BIMBox Associates grant you a non-transferable, non-exclusive licence, royalty free license to use BIMBox. Such use is subject to these Terms and Conditions.
4.2 You shall not grant sub-licences, in whole or in part, of any of the rights granted under these Terms and Conditions, or sub-contract any aspects of exploitation of the rights licensed to it, without prior written consent from BIMBox Associates.
4.3 Subject to compliance in full with these Terms and Conditions, you may view and download individual BIM Components contained on BIMBox for the following purposes:
- for the purposes of your own personal use where that personal use is not for any commercial or profit making purpose; or
- for use by educational institutions and their students for educational purposes only; or
- 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.
4.4 By accepting these Terms and Conditions, you irrevocably agree that:
- You may not use BIMBox for the purpose of developing and/or maintaining for yourself or for others, an alternative service provision which either directly or indirectly competes with BIMBox or in some other way serves the same or a similar purpose as BIMBox.
- Save within your user desktop and using functionality expressly provided within BIMBox for the uses permitted under 4.3 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 BIMBox Associates in advance in writing, there being no presumption that BIMBox Associates should in any way be required to agree; and
- You may not sell, assign, transfer, rent, sublicense, loan, mortgage, charge or otherwise deal in any way in BIMBox or any interest in it, except as expressly agreed with BIMBox Associates in advance in writing, there being no presumption that BIMBox Associates should in any way be required to agree.
The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy.
5.1 To the extent permitted by law we hereby expressly exclude any liabilities in respect of any event of default for loss of profits, goodwill or any type of special, indirect or consequential loss, including loss or damage suffered by you as a result of any action brought by a third party even if such loss was reasonably foreseeable, or that BIMBox had been advised of the possibility of you incurring the same. Notwithstanding that all warranties are hereby excluded to the fullest extent permitted by law, in the event that BIMBox Associates are found to be liable in damages for breach of contract (however caused) then BIMBox’s Associates total liability shall not in any circumstance exceed £1,000.
5.2 BIMBox Associates shall not be responsible for loss occasioned to any person acting or refraining from action as a result of using BIMBox in accordance with the performance of this Contract.
5.3 For the avoidance of doubt, BIMBox Associates 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:
- inappropriate use of the BIMBox or the Content;
- failure to exercise reasonable levels of due care and attention when using the BIMBox or the Content; or
- failure to exercise reasonable levels of professional skill and competence when using the BIMBox or the Content.
5.4 Nothing in these Terms and Conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraudulent misrepresentation;
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6. Content Standards
6.1 Links to third party websites on our site are provided solely for your convenience. We do not control and are not responsible for external 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.
6.2 Companies or individuals linking to our site may do so subject to the following conditions:
- Any advertising or marketing of BIMBox shall not reduce or diminish the image, reputation or prestige of the site.
- You may not remove or distort any of our logos.
- You do not imply in any way that we are endorsing your products
- You do not use any trade marks displayed on the site without express written permission.
- Your linking website does not contain content that is controversial, distasteful, infringes intellectual property rights or other rights of any person or company.
All notices given by you to us must be given to BIMBox, 1 St Peter’s Square, Manchester, M2 3DE, United Kingdom.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
BIMBox Associates reserve the right to amend these Terms and Conditions at any time.
11. Law and Jurisdiction
This Contract will be governed by the laws of England and Wales. Any dispute arising in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Third Party Rights
A person who is not party to these Terms and Conditions or the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.