Website Terms of Use

Welcome to BIM Guru!  We’re excited to have you here but before you start to use our website or access our Content or Products (as defined below), we need you to agree to abide by and be subject to our terms (“Terms”), which include:

 

These explain your legal rights and obligations, so please read everything. If you can’t agree to our Terms, then you can’t use our website, access our Content or obtain our Products.  By using, browsing and/or reading our website, creating your member account or buying our Products this signifies that you have read, understood and agree to be bound by these Terms.

1. Scope

In these Terms:

 

  • "you" refers to the person using this website;

  • "we," "our," and "us" collectively refer to BIM Guru and our affiliates; 

  • “Content” means all content, text, images, data, information and other material displayed, available or present on this website or provided by us;

  • “Products” means any free resources present on this website or provided by us, as well as any of the products or ancillary services we sell and/or licence now or in the future.

 

These Terms give you information about us and the legal terms and conditions relating to your use of our website, access our Content or obtain our Products.

 

Whether you’re a paying customer or using our free resources, we grant you the right to use our website, access our Content and buy our Products (based on your subscription type, your user role and the level of access you’ve been granted) on the basis of a licence for either as long as you continue to pay us (either on the basis of a subscription or in full, as applies), or if you’re using our free resources, until your licence is revoked by us.

 

We own everything we’ve put into our website and our Content unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our website, our Content and our Products. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of or use any of our intellectual property rights in any way not expressly permitted by us.  Unless we notify you otherwise, we permit you to use our website and out Content except on the basis of resale or third party distribution.

 

We expressly exclude any representation or warranty, express or implied, with respect to the information available on this website, our Content and our Products. We make no representation about any third-party websites that may be accessed via links from this website.

1. Privacy

For information about the way in which we use, process and share personal and non-personal information that we may obtain about you, please refer to our Privacy Policy.

 

You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you supply for your legal, tax and compliance obligations.

2. Disclaimer

The information and Content available through this website is for general informational purposes only and is not a substitute for professional judgment or advice. Your reliance on information and Content obtained by you at or through this website is solely at your own risk. Neither we nor providers of Content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of this website, our Content and/or our Products.

3. Ordering From Us

Our website, our Content and/or our Products are intended only to apply for consumers. You may only buy the Products for your own use. By accessing our website, our Content and/or purchasing Products from us, you represent and warrant that you are not doing so for resale.

 

You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and correct any errors. Your order will be processed once your payment is acknowledged via a third-party payment processing service.

 

Our acceptance of an order takes place when we dispatch the order. When we dispatch your order, a contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order.

 

We may, at our discretion, refuse to accept an order if:

 

  • Products are no longer available;

  • we cannot obtain authorisation for your payment;

  • there has been a pricing or Product description error; or

  • you do not meet any eligibility criteria set out in these Terms.

 

If we are unable to supply you with a Product within a reasonable period of time, we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Product, we will refund you the full amount including delivery costs (if any) charged, as soon as possible.

4. Pricing and Payment

All prices and offers are in Australian dollars unless otherwise stated and are subject to availability and may change before (but not after) we accept your order.

 

Prices available on the website are only applicable for purchases made online through the website.

 

If we charge separately for packing, carriage and other relevant charges, the appropriate rates will be clearly specified on your online order when you proceed through the online checkout process.

 

Unless otherwise stated, all prices referred to on the website are inclusive of GST or any other value added or withholding taxes, if and when applicable. In relation to any GST payable for a taxable supply (under GST Law) by a party, the recipient of the supply will pay the GST subject to the supplier providing a tax invoice (as defined under GST Law). Terms used in this clause which are defined in the GST Act have the same meaning as in the GST Act. For the purpose of this clause “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.

 

Our website contains a number of Products. It is possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing, if you have provided us with your address or your email address. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

We accept payment by credit card or such other means as may be specified on the website. If you pay by credit card, payment is authorised and deducted at the time of your order. If you use another method of payment as offered on the website, the time of payment may differ.

 

We do not store your credit card details. Your payment is processed by a Payment Card Industry accredited third party, which performs the financial transaction, and returns the approval code to us. Whilst we employ the latest technology, we exclude any and all liability for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.

 

We will send you an invoice when your Products are delivered to you. Your invoice is your proof of purchase and may be required for warranty claims.

 

Along with the use of our Products, you may use data, services and apps from other companies (third-party products). Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.

 

Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products.

5. Delivery

Subject to the below, delivery will be to the address specified in your order. Where applicable, we aim to ship all orders that are in stock within 1 working day of receipt of payment via a third party and occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed.

 

The delivery charges specified as part of your order will apply. These charges may change from time to time.

6. Risk and Title

Risk of any loss or damage to the Products passes to you at the time of delivery to our carrier.

 

Title to and property in the Products will not pass until you have paid all money owed to us on any account whatsoever.

 

Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our website or when accessing our website, our Content or buying Products.

7. Rights under Australian Consumer Law

We acknowledge that our Products may come with guarantees that cannot be excluded under the Competition and Consumer Act (Cth) 2010 as amended from time to time (the “Australian Consumer Law”). If you are a “consumer” under the Australian Consumer Law, you are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

 

If you return a Product to us for repair (or replacement) and the Product is capable of retaining user-generated data, the repair (or replacement) of the Product may result in the loss of this data. We will not be responsible for any data loss and we require you to back up your data before returning any Product to us for repair (or replacement). Products presented for repair may be replaced at our discretion by refurbished Products of the same type rather than being repaired. Refurbished parts may be used to repair Products.

8. Intellectual Property Rights

All Content, including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (referred to as Intellectual Property Rights), are the property of us, our affiliates, our licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms.

 

You may download and print copies of the Content only for non-commercial, informational, personal use, and only so long as you comply with these Terms and applicable laws. Except as may otherwise be expressly authorised by these Terms, you may not otherwise reproduce, sell, publish, distribute, display, or use any of this website or the Content without our prior written permission. If this website permits the emailing of certain Content or a link through the use of an "email to a friend" (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe on any Intellectual Property Rights or remove or modify related proprietary notices contained in this website or the Content.

9. User Content

Except as provided in our Privacy Policy, any Content that you submit to this website or to us, whether directly or through a third-party website (User Content) will be deemed to be non-confidential and may be disclosed through this website to unknown persons on a worldwide basis without control by us, including for browsing, downloading, printing and other uses by such other persons or entities.

 

You agree not to submit User Content to this website or to us except for User Content that is fully authorised for purposes of this website and these Terms, and by posting User Content on this website, you warrant and represent that you own the rights to the User Content or are otherwise authorised to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws.

 

You agree that we will have, and you grant to us, a worldwide, royalty-free, perpetual, irrevocable, sub-licenceable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this website or to us.

 

We do not endorse any User Content, or third-party product or service that may appear on this website. Nothing in these Terms will obligate us to use any User Content you submit or permit the posting of such User Content on this website.

10. Registration and Passwords

At times, we may require you to have a password and provide registration details to access this website or portions of this website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the website, or any of its resources, and to terminate or suspend your account, if any.

 

You are responsible for maintaining the confidentiality of any password(s) you are given to access this website, and you are fully responsible for all activities that occur under your password(s). We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorised use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

11. Website Administration

Your use of this website must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by us in our discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this website.

 

At this time, we do not charge a fee to use this website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this website (or portions of this website) at any time without liability.

 

Payment of any such fees will be due and payable 30 days from the date of invoice unless otherwise agreed by you and us or unless otherwise required by us. We will endeavor to issue a general notice on this website with regard to any imposition of fees or modifications to this website.

 

While it is our objective to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of us, access to the website may be interrupted, suspended or terminated from time to time. We will have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, Content, hours of availability and equipment needed for access or use.

12. Your Obligations

You agree to comply with the following:

 

  • You will comply with all applicable laws in connection with your use of this website;

  • You will not engage in, conduct or submit to this website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You must not cause damage, embarrassment or adverse publicity to us;

  • You will submit only User Content that is functionally and technically compatible with this website. You will not attempt to and will not damage, corrupt, tamper with or infect this website, the Content or any information or telecommunication system with a virus or other malicious computer program;

  • You will only use this website for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to this website, or undertake any other activity which may adversely affect the use or enjoyment of this website by any person. You are prohibited from using any Products or facilities provided in connection with this website to compromise security or tamper with system resources and accounts or to undermine the security or integrity of our computing systems or networks;

  • The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents;

  • You will not use our Products in violation of any export or trade embargo laws, espionage or national security laws that apply to you;

  • You will cooperate with all reasonable requests of us and will notify us promptly on learning of any actual or suspected breach of these Terms by you or unauthorised use or abuse of this website.

13. Warranty Disclaimers

This website, its Content,  our Products and any links are provided on an "as is" basis and are used only at your sole risk, to the fullest extent permissible by law. We disclaim all warranties, representations and conditions, express or implied, of any kind, regarding this website (including its Content, hardware, software and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

14. Limitations on Liability Remedies

Our entire liability and your exclusive remedy with respect to any dispute with us (including without limitation your use of the website) is to discontinue your use of the website. 

 

We will not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of this website or for any other claim related in any way to your use or registration with us. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability in such state or jurisdiction will be limited to the extent permitted by law. We do not endorse, warrant or guarantee any Product offered through this website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, our maximum liability will be limited to, in our sole discretion, to either:

 

  • correction or deletion of any inaccurate Content or link; or

  • refund of any fees for this website or a Product received by us from you.

15. Limitations on Liability Remedies

You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of this website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this website, our Content or our Products.

16. Third Party Sites and Other Information

This website may contain as a convenience to you, Content, links and other information submitted by third parties over whom we have no control or responsibility, as well as translations thereof which we may arrange. We have no obligation to monitor, control or restrict the use of this website, or third-party websites accessible via links on this website. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.

17. Separate Terms and Conditions

From time to time in connection with your use of or access to Content contained in certain areas of this website, or to our Products, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this website. Any such Terms will not vary or replace these Terms regarding any use of this website, unless otherwise expressly stated.

18. Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with this website, our Content or our Products or these Terms, you agree to negotiate in good faith with us and undertake reasonable efforts to cooperate with us in order to achieve a mutually satisfactory resolution. 

 

Each order will be governed by and will be construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of New South Wales and its appellate courts and waives any right to object to proceedings being brought in those courts for any reason.

19. Modification of Terms

These Terms constitute the complete agreement between you and us with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time. We will endeavor to post a notice of any changes to these Terms for a period of 30 days following any such modifications.

 

Therefore, you are advised to review these Terms occasionally, or at least every 30 days. Your continued use of this website subsequent to our notice of modification of these Terms will constitute your acceptance of the modified Terms.

 

If any term or provision of these Terms will be found to be invalid, illegal or otherwise unenforceable, such finding will not affect the other Terms or provisions of these Terms, or the whole of these Terms, but such term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and us will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms will survive termination of any use by you of this website, any Content on this website, or these Terms.

20. Force Majeure

We will not be liable for any delay or failure to perform under these Terms if such delay is due to any circumstance beyond our reasonable control.

21. Termination by Us

We reserve the right to refuse to supply the Products ordered by you, terminate our contract with you or terminate your account with us at our sole discretion and without incurring any liability to you.

22. Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms whether in whole or in part without our prior written consent.

23. Void or Unenforceable Terms

If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which will continue to have full force and effect. Only the parties to these Terms may seek to enforce them.

24. General

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

25. Contact Information

If you have any questions regarding these Terms or this website, please contact us via sending us a Contact form.

© 2020 by BIM Guru. All rights reserved. ABN 36 156 918 301