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Last Updated April 13, 2016

Welcome to BIMexcellence.com and BIMdictionary.com which are owned and operated by ChangeAgents AEC Pty Ltd, a company incorporated under the laws of the Commonwealth of Australia.

Please read the following terms, conditions and disclaimers of this Terms of Use carefully as it constitutes a contract which governs your use of BIM Excellence, a set of online Services developed by ChangeAgents AEC Pty Ltd. By using or accessing the online Services, you confirm your consent and agreement to be bound by the most recent terms of use. If you don't agree to all terms, please do not use this Service.

BIM Excellence reserves the right to change, update and revise the Terms of Use from time to time, at its sole discretion, by posting the most current version of the Terms of Use. Although we will attempt to inform Account Holders of changes to this agreement, we are not obliged to contact every Account Holder individually or collectively to relay any changes. Account Holders are expected to review Terms of Use (http://bimexcellence.com/terms/) and Privacy Policy (http://bimexcellence.com/privacy/) regularly. Thank you.

1. Terminology used in this contract

The term “BIM Excellence”, "BIM Dictionary", “BIM Excellence Online”, “BIM Excellence Online platform”, “BIM Excellence platform”, “BIMe Online”, “BIMe Online platform”, “BIM Excellence Services”, “BIMe Online Services”, “Service”, “BIM Excellence website”, “the Site”, “BIMe” or "BIMd" all refer in this Terms of Use to the material and Services available through BIMexcellence.net, BIMexcellence.org and BIMexcellence.com.

The term “ChangeAgents AEC”, “ChangeAgents”, “CA”, “we”, “us” or “our” all refer to ChangeAgents AEC pty Ltd (www.ChangeAgents.com.au).

The term “BIM Excellence User”, “BIMe User”, “the User”, “Account Holder”, “you” or “your” refers to the User who registers, agrees to the Terms of Use and proceeds to access or use BIMe Online.

The term “Personal Information”, “Personal Info”, “Personal Data” or “Confidential Data” are used to describe information provided by the User and which will not be shared online or a with a third-party without the Account Holder’s explicit approval.

The term “Assessment Profile”, “User Profile”, “Profile”, “User Data”, “Assessment Data”, “Usage Data”, “Usage Information” refers to unidentifiable data (the User is not identified) which may be shared with third-parties.

The term “Managed Account” refers to a type of account which is managed by another User or organization (an “Account Manager”). For example, a User whose account has been set (partially or fully) by an employer is considered a Managed Account – and the employer as the Account Manager.

2. Acceptance of Terms of Service

By registering, accessing or using any Services developed, operated, maintained or hosted by ChangeAgents including all websites and IP addresses available at and configured for use at bimexcellence.net, bimexcellence.com, bimexcellence.org and bimdictionary.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms and Conditions” or "Terms of Service", “the Terms”, “Terms of Use” or “ToU”). The following Terms of Use apply to all versions of the Service, whether they are Free, Trial, Alpha, Beta, Pre-Release, Full Release, Educational, Non-Profit, Complete or any paying version of BIMe online.

3. Eligibility

To use the BIM Excellence Service and complete the registration, you must be at least eighteen (18) and be legally competent.

4. What this Terms of Use covers

This is a contract between you and ChangeAgents for the use of BIMe Online Services. Additional Terms of Service (ToS) through a signed agreement if you’re engaged with us or our affiliates for the delivery of onsite assessment.

5. What this Terms of Use excludes

This Terms of Use does not cover the use of Services and products other than those provided online through BIMexcellence.com. Some BIMe Services and/or products described may not be available at the moment or may never become available for your region or country.

6. Using this Service

Registering for a BIMe account allows you to create a User ID and a password to access our online Services. By registering and thus opening a BIMe account you agree that:

  • You agree to provide true and accurate information to register with the Service
  • You must provide a name, valid email address and other information necessary to register with the Service
  • You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services
  • A User Account is intended for your exclusive use and you must ensure the safe keeping of all account information including User name, password (and secret question if available) and prevent them from being accessed by a third party
  • You’ll strictly not permit any other person to use your User ID and password or authorize a third party to access or use our Services on your behalf
  • If you suspect that your login information has been compromised and became known by a third party, you should let us know immediately so we can protect your Personal Information
  • You’ll change your password regularly and when prompted
  • You agree to receive administrative and legal notices about our Service electronically via email
  • You’ll not hold us responsible if – by accessing third-party websites or Services linked on our website – for these third-party websites, their Services or their content
  • BIM Excellence reserves the right to terminate your use of the Service upon the discovery that the information you've provided is not complete or is inaccurate
  • During Alpha, Beta, Trial or Free Accounts, Customer Support isn't offered for our Service

7. Code of Conduct

By opening a BIMe account you agree to the below listed Codes of Conduct:

  • You will not use our Services to harm, defame threaten other persons, organizations or this Service
  • You will not damage, disable, overburden, or impair this Service or any network connected to this Service
  • You will not resell, redistribute this Service or any part of this Service without authorization
  • You will not attempt to use or use unauthorized means to modify, reroute, or gain access to this Service or the networks connected to these Services
  • You will not attempt to capture data unlawfully from this Service whether using manual or automated processes
  • You will not duplicate, license, sub-license, publish, broadcast, transmit, distribute, perform, display, sell, re-brand, or otherwise transfer information found on BIM Excellence (excluding Contributed Content posted by you) except as permitted in this Terms of Use or as expressly authorized by BIM Excellence
  • You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
  • You will not spam other Users or attempt to use our systems for spamming or similar illegal activities. You will not attempt to gain unauthorized access to BIM Excellence, or transmitting or activating computer viruses through or on BIM Excellence
  • You will not utilize or copy information, content or any data you view on and/or obtain from BIM Excellence to provide any Service that is competitive, in BIM Excellence’ sole discretion, with BIM Excellence
  • You will not sell any products or services using BIMe forums, wikis, blogs or other webpages unless we formally authorize you to do so or on forums, wikis, blogs or other webpages specifically and clearly designated by BIMe for that purpose
  • You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by BIM Excellence unless you have entered into a written agreement with BIM Excellence. This includes, but is not limited to, representing yourself as an accredited BIMe trainer, assessor, implementer, service provider or similar if you have not been certified by BIM Excellence as such
  • You will not sell, sponsor, or otherwise monetize a BIM Excellence profile or any other Service or functionality of BIM Excellence, without the express written permission of BIM Excellence
  • You will not collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from BIM Excellence except as expressly permitted in this Terms of Use or as the owner of such information may expressly permit
  • You will not share information of non-Users without their express consent
  • You will not infringe or use BIM Excellence’s brand, logos and/or trademarks, including, without limitation, using the word “BIM Excellence” or “BIMe” in any business name, email, or URL or including BIM Excellence ‘s trademarks and logos except if provided permission by BIM Excellence
  • You will abide by all applicable laws in your country or region

8. Our Responsibilities

In operating BIM Excellence and delivering its Services, we take our responsibility in securing the integrity and privacy of your Personal Information very seriously. We thus employ all reasonable endeavours and care to protect your Personal Information and User Data from corruption, loss, or inadvertent change. However, we cannot accept liability for all possible losses especially those arising from misuse or mishandling of login credentials by Users.

9. Copyrights, Trademarks and Contributed Content

The BIMe website includes a significant amount of copyrighted material. All trademarks reproduced in this website, which are not the property of, or licensed to ChangeAgents, are acknowledged on the website. You must not use any trademarks that appear on the BIMe website without the written consent of the trade mark owner. By accessing and using our Services, you acknowledge and agree that:

  • All materials and information available on BIM Excellence including logos, designs, text, graphics and their arrangement (referred to as “Site Material” therein) are licensed to or are owned by us
  • If you contribute content, feedback, questions, comments, suggestions, ideas, images, charts, text, code, data, files, models, documents, drawings (referred to as “Contributed Content” therein) to the site, you are explicitly giving us unlimited permission to use, disclose, reproduce, exhibit, display, transform, modify, create derivative works from, and distribute it to others without first seeking any permission. We will also consider all Contributed Content – except those deemed Personal Information or Confidential Data within the Privacy Policy –to be non-confidential and we will be free to use any ideas, concepts, know-how or techniques contained in such Contributed Content for any purpose whatsoever, including but not limited to developing and marketing products and Services incorporating such content. We shall be entitled to use or disclose (or choose not to use or disclose) any Contributed Content for any purpose, in any way and in any media worldwide
  • You acknowledge and agree that by submitting “Contributed Content”, you are not entitled to any compensation or reimbursement of any kind from BIM excellence under any circumstances. We may have something similar to the Contributed Content already under consideration or in development
  • If you've identified any Site Material or Contributed Content to which you own a copyright, you are required to let us know immediately so we can promptly investigate any possible copyright infringement and remove the offending items if necessary
  • We reserve the right to remove any Contributed Content from our website at any time and for any reason including - but not limited to: upon receipt of claims or allegations from third parties or authorities relating to such Contributed Content or if we are concerned that the Contributed Content may breach a Trademark, a Patent or a Copyright held by us or by others

10. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

BIM Excellence may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a notice containing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  • A detailed description of the copyrighted work or other intellectual property that you claim has been infringed
  • A detailed description of where the material that you claim is infringing is located on the site
  • Your address, telephone number, and email address
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

For Notice of claims of copyright or other intellectual property infringement, you can reach BIM Excellence using the Contact Us form on the website.

11. Warranties and Liabilities

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Services or information available through this website meet your specific requirements. By accessing this service, you acknowledge, understand and agree that:

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness usefulness or suitability of the information, materials or other content found or offered on this website for any particular purpose
  • Information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
  • BIM Excellence provides the Service to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, the implied warranties of accuracy, timeliness, security or completeness

12. Service Availability

For as long as we continue to offer the BIMe Service, we shall provide and seek to update, improve and expand the Service. As a result, we allow you to access BIM Excellence as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Terms of Use. We may modify, replace, refuse access to, suspend or discontinue BIM Excellence, partially or entirely. We may introduce, remove or modify prices for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our website or by direct communication to you unless otherwise noted. We further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Service. In the event of an interruption of Service, the User agrees to hold ChangeAgents harmless and not liable for any minor, material or consequential loss to Account Holder’s business, practice or Services.

13. Account Termination

You may choose to close your online BIMe account at any time. Also, your BIMe account may be closed if:

  • You have not accessed your account for a period of twelve (12) months or more

- New Service contract, terms or conditions have been issued and you’ve not agreed to them when prompted

- We may also close your account if you breach the Code of Conduct identified in this Terms of Use. When your account is closed, your personal information will be removed from the system including your Username, password, secret question and other personal information you’ve used to access our Services.

You're responsible for backing up the data that you store on the Service. If your Service is suspended or cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is suspended or cancelled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

14. Amendments to Terms of Use

We may modify the Terms of Use at any time without prior notice. You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.

We reserve the right to modify, supplement or replace the Terms of Use, effective upon posting at http://bimexcellence.com/ or notifying you otherwise. If you do not want to agree to changes to the Terms of Use, you can terminate this agreement at any time by closing your BIMe account.

15. Indemnification

You agree to defend, indemnify and hold ChangeAgents AEC Pty Ltd and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of 1) User content; 2) use of the services by you or anyone using your User ID or password; 3) connection to the services by you or anyone using your User ID or password; 4) violation of this Terms of Use by you or anyone using your User ID or password; or 5) the violation by you of any rights of another, including without limitation rights of privacy or publicity, contractual rights, or any intellectual property right.

In no event shall ChangeAgents AEC Pty, its affiliates or its licensors be liable to you or anyone else for any special, incidental, direct, indirect, exemplary, punitive or consequential damages whatsoever, including damages for lost profits, goodwill, use, data or other intangible losses whether arising in contract, negligence, strict liability or otherwise even if ChangeAgents AEC Pty Ltd has been advised of the possibility of such damages occurring, and including in all cases any damages arising out of, resulting from or in connection with (1) the use or the inability to use the services or licensed content by you, any malfunctions, delays, loss of data, lost profits, loss of goodwill, interruption of service or loss of business or anticipatory profits, regardless of the form of action, (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; or (5) any other matter relating to the Service. ChangeAgents AEC Pty Ltd shall have no liability whatsoever to you for any claim relating in any way to any third party fonts, content or features or User content. The sole remedy available to you concerning use of the services and/or licensed content by you is, and ChangeAgents’ entire liability under this Terms of Use or the applicable agreement for any claim for damages relating to use of the services and/or the licensed content, whether based in contract, negligence or otherwise, shall be limited to the aggregate amount of charges paid or payable under the Terms of Use, and any applicable agreement relative to the specific service, licensed font and/or licensed content which is the basis of the claim during the three-month period preceding the event giving rise to such claim. Without limiting the foregoing, under no circumstances shall ChangeAgents AEC Pty Ltd be held liable for any delay or failure in performance resulting directly or indirectly from forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, war, acts of terrorism, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance.

The services and licensed content, Site Material, Contributed Content and all related products and services are provided on an “as is” basis and ChangeAgents AEC Pty Ltd makes no warranties, express or implied, by statute or otherwise, whether arising by course of dealing or performance, custom, usage in the trade or profession or otherwise, with respect to any services, products, technology, intellectual property, materials or information provided hereunder, including but not limited to implied warranties of non-infringement, merchantability and fitness for a particular purpose. All such warranties, express or implied, are hereby disclaimed.

ChangeAgents AEC Pty Ltd and its licensors do not and cannot warrant the performance or results you may obtain using the services or licensed content. This disclaimer of warranty constitutes an essential part of this Terms of Use or agreement. You acknowledge and agree that you have relied on no representations or warranties and that no other representations or warranties have formed the basis of your bargain hereunder. In addition, to the fullest extent permitted by law, ChangeAgents AEC Pty Ltd disclaims any warranties for the security, accuracy, reliability, timeliness, and performance of the services. You understand and agree that the use of the services is at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or data or any damage to your computer system or loss of data that may result from the use of the services by you. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

16. Additional terms and conditions

We may make changes to our Service at any time. If these changes affect this contract, you’ll be asked to accept the new or modified terms and conditions. In addition to this Terms of Use, other Terms may apply if you opt to become a BIMe Contributor, BIMe Sponsor or a BIMe Service Provider

17. Applicable laws

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Victoria and applicable Commonwealth Laws in Australia.

The failure of ChangeAgents Pty Ltd to enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of ChangeAgents Pty Ltd. Any attempt by you to assign, transfer or delegate these Terms of Use without the express written permission of ChangeAgents Pty Ltd shall be null and void.

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