1.1.- These General Conditions are the contract regulating the relationship between Bimetica Parametric Design Services, S.L. and the registered User, in relation to the services offered on this Portal. Likewise, the Portal or website's Legal Notice will complement these General Conditions, so that both documents must be considered in tandem.
The present General Conditions shall remain published on the Portal or website, so that the User may consult them at all times.
1.2.- Bimetica Parametric Design Services, S.L., legally domiciled at Calle Vigo 30, 1 4, CP. 08901, L'Hospitalet de Llobregat (Barcelona), Spain, CIF B-65592925; registered in the Registro Mercantil de Barcelona; Tomo 42626, folio 110, hoja 410653, inscripci?n 1?; Contact telephone number 34 + 93-2267322 and contact email email@example.com is the legitimate proprietor of the Bimetica(R) brand, its Content Database, and the web portal and domains: www.bimetica.com.
Service Provider: Bimetica Parametric Design Services, S.L., (henceforth Bimetica or the Provider), is the provider of the BIM content or file download service.
Registered User: The physical person, legal entity, of legal age who desires to use the Content Database, and the distinct services of the portals, offered by the Provider, exclusively for professional use, in architecture, interior and exterior design, construction, mechanical, industrial, and civil engineering, among other similar fields, will be considered a Registered User (henceforth, User). Persons below eighteen years of age will not be admitted as users.
BIM: the acronym for Building Information Modeling.
Content: any type of file or information obtained or downloaded from the portal.
BIM Content: A file that contains a design in 2D or 3D of a product that includes its geometry, spacial relations, manufacturer information, and properties and quantities of its components for construction or assembly.
Product Manufactring Company/Manufacturer/Distributor: Company that is liked to the construction industry, and that has products whose characteristics allow it to be developed into any kind of BIM, and non-BIM content.
BIM Content Request Form: It is the service, the provider offers the user, so that he may request Bimetica to search, study, and develop in BIM and non-BIM content based on products and elements of the construction industry that belong to a manufacturer or distributor, with the end of making it available to the user.
BIM Directory: A public, and open to consult, listing of companies, institutions and professionals that are related to work with BIM methodology. The directory shows the name or comercial brand what is linked to a web adress or contact email. All links or email are of public and open character, without express restriction by its owner.
Create an account (for Manufacturers): A service that Bimetica offers the Product Manufacturing Companies and distributors as users so that Bimetica is notified to create an account in the platform and contact them to offer its products and services. Cookies: is a small piece of data doanloaded to the comptuter through some webpages. Cookies allow a webpage to store and recall information, among other things) about user browsing habits. Depending on the information provided, the way the computer is configured, and the web behaviour, cookie information can be used to identify a particular user.
3.1.- The object of the present Contract is to regulate General Conditions, in particular; a) the concession to the User of a personal use licence with wordlwide coverage, not limited to the Internet, for downloading BIM content from the Content Database offered through the page www.bimetica.com; b) the service for Content suggestions given by the User to Bimetica (Content Request);and c) conveying to the User data, information, advertising, and/or service promotions.
Acceptance by the User of any of these General Conditions through the registration process will be understood as express consent to these terms and conditions. Said acceptance will allow the User to enjoy and make use of Bimetica's services for the duration of the contractual relationship between the parts.
3.2.- Particular conditions of Product Manufacturing Companies and distributors as users. Such conditions are those provided in this general conditions contract, legal notice, and any other particular conditions BIMETICA may pact with the user.
Bimetica User registration and activation is free of charge, excluding Product Manufacturing Companies and distributors as users.>>
In order to register and enjoy the services offered by Bimetica, the User must take the following steps:>>
4.1.- Fill out the registration form with his or her solicited information. The form includes required fields, so that the omission of the required information will fail to convey status as User, and therefore beneficiary of Provider's services.
4.2.- Read carefully the General Conditions for contracting services, as well as the Legal Notice, as knowledge of them is required for acceptance.>>
4.3.- Accept by clicking the button labeled correspondingly.
The object of collecting and handling Users' personal data is to manage contracted services, their analysis, control over the flow of consumption information, as well as the statistical study, advertising, commercial promotions, or contests. Bimetica will request, through the registration form, User's express consent for the sending of commercial communications, as per Spanish Law 34/2002, July 11, on Services in the Information Society and Electronic Commerce.
User may access his or her account, review the information facilitated, and make necessary changes to said information or to his or her Bimetica account settings at any time.
The User may at any time proceed to closing down his or her account, becoming subject to those dispositions and clauses derived from and applicable according to these General Conditions. The closing of a personal account will not entail any cost to the User.
Dispone al artículo 23 apartado 1 y 3 de la Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico, sobre la validez y eficacia de los contratos celebrados por vía electrónica: “Los contratos celebrados por vía electrónica tendrán la misma validez y producirán todos los efectos del Ordenamiento Jurídico Civil y Mercantil”. El Contrato se perfecciona desde el momento que el Usuario manifieste su conformidad con estas condiciones generales al pulsar el botón de Aceptación y Lectura de estas condiciones y tras haber cumplimentado todos los campos obligatorios del formulario de registro facilitado en www.bimetica.com.
Once accepted the General Terms the User will receive an automatic notification to the email address provided to Bimetica in the space of 24 hours, including information regarding your username, password and a copy of the signed General Conditions. User registration in the Manufacturer / Distributor, Bimetica proceed to personal contact. The once registered user may change your password as many times as it sees fit. However as it is a technical and automatic element receiving that email can not reach its destination due to technical reasons beyond Bimetica. Happen this drawback, the user to contact the Lender firstname.lastname@example.org email address is requested so we can proceed with the referral of the contract under the terms signed and the new password.
Any other form of contract foreseen by Law, that the parts may see fit to formalize the object of this contract, shall be equally valid.
The User accepts that it will not be necessary to confirm receipt of the acceptance of the contract when it has been held exclusively through email exchange or any other equivalent form of electronic communication, as per Article 28, clause 3b, of Spanish Law 34/2002, July 11, on Services in the Information Society and Electronic Commerce, and Royal Decree 1906/1999, December 17, regulating telephone or electronic contracts that contain general conditions, in furtherance of Article 5.3 of Law 7/1998, April 13, on the General Conditions of Contracts.
The parts agree to legally equate the User's autographed signature to one realized through any kind of key, identifying security elements, or codes. The above notwithstanding, Bimetica may require, at any time, a written confirmation of the signature, as well as copy of the User's identity document, with the purpose of verifying the User's identity information and signature.
Users can download free to register files and BIM content.
Bimetica guarantees the legitimacy of the sources used in the elaboration of its Database, as and of the procedures carried out during its creation, as well as the legality of its collection of personal data, which is carried out in observance of Spanish Organic Law 15/1999 for the Protection o Personal Data, as well as Royal Decree 1720/2007, December 21, approving the Rules for the Furtherance of Organic Law 15/1999, December 13, for the Protection of Personal Data. The above notwithstanding, the User assumes the obligation to observe the contents of said Law, whenever necessary.
9.1.- The BIM Content offered to the User is confidential, its use restricted exclusively to the User's professional actitity, based on a Use Licence granted by Bimetica, and User is in no case allowed to:
The User shall be exclusively responsible of any consequences that could derive from such actions, as well as the custody of the information provided, and must follow security measures appropriate to protection against unauthorized access or diffusion. The User will abstain from requesting content knowing that it will be used by third parties, and from allowing, voluntarily or negligently, such requests by third parties.
9.2.- The User guarantees that use of the Database and other services subject to the present General Conditions, will be exclusively in furtherance of the observance and control of a freely accpepted legal relationship. The User agrees that he or she may take the information offered by Provider into account as one more element in his or her professional projects, but may not rely on them exclusively in the development of said projects. In addition, User frees Bimetica of all responsibility in decision-making for his or her professional projects that are based on Bimetica file downloads. Likewise, any possible discrepancy in the content and its use before courts of law, state agencies, and any other public organisms or third party individuals for any purpose of interest to the User is entirely up to his or her discretion, and therefore he or she frees Bimetica of any responsibility.
9.3.- The User guarantees he or she will not access or otherwise interfere with Bimetica's webpages through software robots, spiders, routines, or any automated or semi-automated system for monitoring, copying, or downloading content for purpose without prior written authorization from Bimetica. The User agrees that he or she will not carry out any action that may result in unreasonable or disproportionate information burdens on the system's data transference infrastructure.
9.4.- Bimetica reserves the right to cancel access codes and service as a result of any violation or failure by the User to observe his or her obligations in the use of the information.
The information that is the object of the present contract, concretely the BIM Content files available on Bimetica's Database, on the web library www.bimetica.com, as well as the webpage's content and services, are the exclusive intellectual property of Bimetica, and protected by Royal Legislative Decree 1/1996, April 12, which approves the consolidated text of the Law of Intellectual Property, as drafted in Spanish Law 5/1998, March 6, which protects not only the data contained therein, but also the collection/systematization of data itself, in the terms stated in the current Law of Intellectual Property. Access to Provider's information, and where applicable, Database, when authorized and regulated by the present contract, does not imply transmission of any rights of intellectual or industrial property.
Downloaded contents are for sole and exclusive use by the User, so that he or she is obliged to maintain total confidentiality in regard to the data and information downloaded, within the parameters of the exercise of his or her profession. The User may not cede said information or part of it to third parties without the prior written consent of Bimetica. This obligation of confidentiality will subsist even after the contractual relationship with the Provider ends. The User is therefore responsible for any misuse or leakage between him or herself and any third parties to whom he or she may have communicated the information.
12.1.- Although Bimetica devotes the greatest effort and care to ensuring that the information provided is correct and trustworthy, due to the fact that the contents are elaborated from data provided by sources not always within Bimetica's control, Bimetica makes no guarantees as to the exactness, trustworthiness, measures, or adequateness of the information provided, nor does it respond for possible errors, mismatches, lack of correspondence, or other omissions. In consequence, the User may not allege responsibility of any kind for harm or injuries resulting from errors and/or incorrect nature or inexactitude of the provided downloads.
12.2.- Bimetica will not respond for any harm or loss resulting from negligence, delay, or error on its part or that of its officials, employees, and agents when procuring, transmitting the downloads or files object of the present contract, on providing the contracted services.
12.3.- Bimetica will not respond for any harm that may be caused by the incorrect functioning of the Database resulting from external technical means, such as any hardware element and/or software necessary for the functioning of the information provided, or for establishing the necessary connection, expressly declining any responsibility in case of malfunction of the telecommunications service network and/or attributable to the software or hardware provider.
12.4.- Bimetica does not guarantee the suitability of the content of BIM Content files for their concrete purpose. The User agrees that he or she may take the information offered by Provider into account as one more element in his or her professional projects, but may not rely on them exclusively in the development of said projects. In addition, User frees Bimetica of all responsibility in decision-making for his or her professional projects that are based on Bimetica file downloads. Likewise, any possible discrepancy in the content and its use before courts of law, state agencies, and any other public organisms or third party individuals for any purpose of interest to the User is entirely up to his or her discretion, and therefore he or she frees Bimetica of any responsibility.
12.5.- Bimetica is responsible for harm resulting from crass negligence, as well as compensation for harm and injuries.
12.6.- Bimetica does not respond for line interruptions, erroneous or failed connections, inexact downloads, or for any event that obstructs the provision of the download service. In addition, Bimetica does not respond for not being able to respond in time to User's inquiries and complaints.
12.7.- The usernames and password that Bimetica provides to the User in order to access its services are personal and non-transferable. Bimetica will facilitate these only to the email address indicated on the registration form. The use, storage, and confidentiality of these are, at all times, the User's responsibility. Bimetica recommends not communicating access codes and passwords to third parties, making them public, or sending them over email or any other means of rapid diffusion. The User is responsible for the diffusion he or she makes of them among his or her employees or third parties of any kind.
The user believes anyone has had unauthorized access to the password, he or she should change it immediately.
The User may not object the downloads or consumption carried out by personnel in his or her charge or by any third parties who have had access to the access code and password, even if said access has taken place against his or her orders or as a result of lack of control or due diligence of custody or failures in the security system, or any other cause unrelated to Bimetica.
The User should be conscious of the fact that Bimetice will never request his or her security code or password through email or any other means, except upon a request to change them made by the contract-signing User him or herself. If he or she receives an email requesting the password, it should be considered suspicious and unauthorized. Such requests should be notified to email@example.com.
Bimetica may block the User's access codes or password if access is attempted with erroneous passwords. In this case, in order to reactivate the account, User should contact the "User Attention Service" through the email address firstname.lastname@example.org.
12.8.- Bimetica reserves the right to refuse service to the User for commercial policy reasons related to its business interests.
12.9.- The delivery and/or download of content will be immediate. If the download of BIM Content is not effective within a reasonable amount of time, and with the exception of connection problems or failure of the Internet service, the User should address the "User Attention Service", and inform Bimetica of the problems and incidences so that a service provision solution may be reached. Bimetica will not respond for possible delays in the downloading of BIM Content.
12.10.- Bimetica will not be responsible for failed downloads of BIM Content that result from User's software not meeting the minimum necessary requirements, nor for software malfunctions, which are in any case the responsibility of the manufacturer.
12.11.- Bimetica will use data authentication mechanisms for verifying in a secure manner the User's identity with the purpose of avoiding fraud and unauthorized access. All personal data provided by users that is fraudulent or false may be considered to constitute the crime of falsifying commercial documents. Bimetica reserves the right to notify the Authorities and State Security Organisms of fraudulent attempts at identity fraud in the contracting of services.
12.12.- Bimetica reserves the right to subcontract other individuals or corporate entities with the purpose of carrying out the obligations derived from the present contract.
12.13.- It is stipulated that the system used for the provision of this service does not rely on any mechanism that collects personalized information about users' navigation.
The User may not transfer this contract, nor delegate any of the obligations derived therein, without the previous consent of Bimetica. Said company may, however, cede the rights and obligations derived from the present contract through any legal transaction to third parties, informing the User but without requiring his or her prior consent. The user may always exercise his/her rights under Section 17 of the General Conditions.
The initial duration of the present contract is 12 months from the date on which the User accepts these General Conditions. Upon its completion, it will be automatically renewed for successive terms of equal duration.
14.1.- By the User:
The User may end the contractual relationship at any time, without owing compensation of any kind towards the service Provider, except those deriving from harm to the Provider or from contravening the terms of the General Conditions. Anticipated rescission must always be communicated to Bimetica in writing (email or postal service) at least fifteen (15) days prior to the date on which the effective cancellation is desired.
14.2.- By Bimetica:
Bimetica may end the present contract, through written notification to the User through any of the channels available, with 15 days of anticipation, when there is a failure by the User to observe any of the obligations established in the General Conditions, without said action constituting cause for a reclamation of compensation of any kind by the User.
Bimetica reserves the right to modify the General Conditions of this contract, or cancel them totally or partially, warning the User with due attention that he or she must take an active attitude in the observation of possible modifications or cancellations of these General Conditions.
Following the end of the contractual relationship, or any of the foreseen reasons, the General Conditions entitled USE OF CONTENT, CONFIDENTIALITY, and RESPONSIBILITY shall continue to be applicable to the User. The conclusion of the contract does not imply the extinction of the obligations deriving from its parts, and which may be pending until the moment of the contractual resolution.
Bimetica my automatically rescind the contract with the User, without observing the fifteen day period, if it detects fraudulent use of the service and General Conditions are seriously violated.
In case of rescission or cancellation of the contract, Bimetica will automatically block the User's account, while the User, in turn, must immediately eliminate all BIM Content downloaded from Bimetica's Database.
Bimetica reserves the right to modify its programs and Database, as well as the systematization of data provided and the technical characteristics of access and transmission. When said changes don't permit a use compatible with prior installed versions, Bimetica will communicate it to the contract signer with at least one month's anticipation. Likewise, Bimetica reserves the right to interrupt the service in part or in its totality due to technical changes or breakdowns, after communicating the interruption to the User in writing or through any other effective form of notice. The company reserves the right to create or add new data, modify, substitute, revise and/or improve or annul any information or service, as well as introduce the necessary elements to facilitate control of its use throughout the duration of the present contract.
These General Conditions render ineffective all previous agreements, understandings, and obligations between the parts, and constitute, together with the specific conditions of the contract plans that may exist, the totality of the agreement between Bimetica and the User. If any of the clauses of the present contract were annulable or null in itself, they shall be considered inexistent, with the rest of the contract maintaining all of its binding force between the parts.
Contract Modification: Bimetica may modify the present General Conditions, and will notify said modification through one of the following channels:
a) Individual written notice to the contract signer, with a minimum anticipation of one month from its date of effectiveness, sent to the email facilitated by User in the registration form.
b) Publication of the modification, with one month of anticipation from its date of effectiveness, under the heading "News or Novelties" on the webpagewww.bimetica.com, or in any other place visible on the web.
The culmination of the aforementioned term, without the User expressing his or her opposition to said modifications, will imply full acceptance by the User of the new conditions. Were the User not to accept the proposed modifications communicated to him or her, he or she may renounce and end the contract, in accordance to what is stipulated in the clause "DURATION AND ANTICIPATED RESOLUTION" or maintain, to the degree permitted by law, the previous conditions.
17.1.- To the effects laid out in Spanish Organic Law 15/1999, December 13, for the Protection of Personal Data, and Royal Decree 1720/2007, December 21, by which are approved the Rules for the furtherance of Organic Law 15/1999 for the Protection of Personal Data, Bimetica informs the User that the personal data required as a consequence of the contract application (General Conditions), as well as the computational processes regarding data already registered, will be incorporated to an archive created under Bimetica's responsibility, authorizing said company to handle the aforementioned data. The collection and aforementioned handling have the purpose of: a) maintaining the contractual relationship established between the parts; b) the management, administration, provision, broadening, and improvement of the provided services; c) the accommodation of the services to the preferences and tastes of the users; d) the offering of information related to the different services and products of the public or private entities that collaborate with Bimetica; e) the sending of technical, operational, or commercial information about the products and services of said collaborating entities, currently and in the future, directly through Bimetica; f) the transmission of data to other entities belonging to or in which Bimetica participates, national or international; g) the transmission of data in case of a fusion, acquisition, or breakup of Bimetica; h) resolving disputes, charging fees, and resolving problems; j) avoiding potentially prohibited or illegal activities; and j)personalizing, measuring, and improving our services, as well as our content and website.
17.2.- By facilitating the requested data, the User declares that it is truthful, exact, and complete, and expressly authorizes Bimetica to handle them for the previously listed purposes. In particular, he or she authorizes the use of his or her email address and other means of electronic communication for the listed purposes.
17.3.- In case that the User is not interested in his or her data being handled for the aforementioned purposes, he or she should not accept the present General Conditions. He or she may freely exercise his or her rights of access, rectification, cancellation, and opposition through by remitting a written communication to Bimetica at the following address: Vigo N?30, 1 - 4, CP. 08901, L'Hospitalet de Llobregat (Barcelona), Spain. He or she must include his or her name, surnames, photocopy of his or her identification documents, a domicile for the effect of notifications, and indicate expressly the right that he or she desires to exercise.
The User must communicate to Bimetica any modification of his or her personal data relevant to the correct management and quality of the service and of the handled data, especially those related to the contract data, such as domicile, email, telephone number, etc.
17.4.- The User expressly authorizes Bimetica, if necessary, to fully record, through any platform technically valid for said purpose, the telephone and/or computerized conversations produced or derived from the use of any Bimetica service, with the purpose of verifying the realization of any transaction related to the request for services, evaluating the quality and efficiency of the service provided, and attending claims and/or incidences that may take place, said recordings being subject to use as means of evidence in any judicial or quasi-judicial procedure that may surge between the parts, directly or indirectly.
18.1. - Bimetica makes "Content Request" available to service users by which the User may request free research, study and develops products in BIM and Non-BIM format that are used as/in construction elements and engineering, and belonging to a manufacturer or distributor, in order to make it available to the user.
18.2. - To be eligible for the Content Request service, the user must fill out the form Bimetica offers in "Content Request", and indicate the solicited information.
18.3. - The User, when using the Content Request service, consents to Bimetica the transmission of the User's personal data, under clause 17 of these conditions, to the manufacturer or distributor of that product whose content is requested. The transmission of personal information is encouraged to promote the User and content development services to the manufacturer or distributor of products, as well as verifying the particular industry and use that the product will be placed into.
18.4. - Bimetica will analyze each request and provide all means to develop the requested content. However Bimetica may reject any application which by its nature are deemed unfeasible, excessive or inappropriate for professional use of the manufacturer or distributors. Failure to develop content does not entitle the User to compensation.
18.5. - Content Request is subject to the will of the manufacturer or distributor of the product. Bimetica ensures that the personal data transmitted to the manufacturers or distributors, will be used by them exclusively for the purpose of the Content Request service. Bimetica is not responsible for the misuse that the manufacturers or distributors could give the User's personal data.
The company will make use of the civil or penal actions that may correspond by law, in case of any failure to observe the General Conditions, as well as the undue use of the content of the agreement with the terms of the Legal Notice. Litigations that may surge in relation to the terms and interpretation of this contract (General Conditions and Legal Notice) shall be governed exclusively by Spanish Law. In particular, these conditions are subject to Law 7/1998, April 13, on the General Conditions of Contracting; Royal Legislative Decree 1/2007, November 16, by which was approved the consolidated text of the General Law for the Defence of Consumers and Users, and other complementary laws; Royal Decree 1906/1999, December 17, regulating telephone or computerized contracts with general conditions in furtherance of Article 5.3 of Law 7/1998, April 13, on the General Conditions of Contracts; Law 7/1996, January 15, Ordinance for Retail Commerce; General Law 34/1988, November 11, on Advertising; Law 15/1999, December 17, for the Protection of Personal Data; and Law 34/2002, July 11, on Services in the Information Society and Electronic Commerce.
For the resolution of any judicial controversy derived from the interpretation and/or observance of the General Conditions, the parts, renouncing any rights they may possess by virtue of any other general or special body of law, or of residing outside the borders of the Spanish State, submit themselves to the Courts and Tribunals with jurisdiction within the City of Barcelona. Notwithstanding, if User's residence is located within Spain and User is considered a "consumer", the above submission clause will not be applicable. The applicable body of law will be that which at any given time corresponds in accordance with said consideration.
When Bimetica has facilitated a translation of a Spanish version of the present Legal Notice or any other documentation in a different language, the User accepts that said translation is only facilitated for his or her comfort, and that the Spanish version of this Legal Notice or any other documentation, including future binding documentation, will govern his or her relationship with Bimetica.