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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.
1. Terminology used in this contract
The term “ChangeAgents AEC”, “ChangeAgents”, “CA”, “we”, “us” or “our” all refer to ChangeAgents AEC pty Ltd (www.ChangeAgents.com.au).
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
To use the BIM Excellence Service and complete the registration, you must be at least eighteen (18) and be legally competent.
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.
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 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 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
- 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
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
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.
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.
16. Additional terms and conditions
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.