GF Building Flow Solutions
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TERMS AND CONDITIONS OF „BUILDING INFORMATION MODELING” BIMStreamer

These terms govern the use of and registering to the Uponor BIM Platform Portal (“Uponor BIM Platform”) and your obligations and rights in connection to it. Please review these terms carefully.

When you (“User”) use or register to Uponor BIM Platform, a binding agreement (“Agreement”) regarding the use of Uponor BIM Platform is formed between you and Uponor Corporation.

  • 1. Definitions

    • Conditions these terms and conditions as amended from time to time.

  • 2. General Provisions

    • 2.1 These Conditions govern especially type and scope of the Service, terms and conditions of the Service, as well as the rules on concluding and termination of an agreement for the provision of the Service.
    • 2.2 Accessing and using the Website constitutes a consent of the user to be bound by these Conditions.
    • Uponor BIM Platform is provided free of charge.
    • 2.3 The Provider is entitled to amend these Conditions at any time. Any such amendment enters into force on the date of its publication on the Website. No amendments to these Conditions shall affect any Agreement that was concluded prior to the publication thereof.

  • 3. Service

    • 3.1 Access to and browsing of BIMStreamer require working connection to the Internet and having a web browser or any other application for browsing contents of the Internet installed on the computer or electronic device.
    • 3.2 The registration of customer’s account is necessary for a conclusion of the Agreement and provision of the Service. Without the registration of customer’s account only browsing of BIMStreamer is available.

  • 4. Rights and Obligations of the Provider

    • 4.1 The Provider shall provide the Service with diligence and care.
    • 4.2 The Provider is not responsible for any irregularities during the provision of the Service resulting from:
      a) incorrect functioning of web browser used by Customer;
      b) incorrect functioning of Internet connection;
      c) adverse actions of third parties;
      d) other reasons not attributable to the Provider.
    • 4.3 The Agreements ceases if the Customer:
      a) provided false information in the registration form;
      b) breaches any of the terms hereof;
      c) uses the Service in contravention to the applicable laws.
    • 4.4 The Provider may carry out updates, repairs and maintenance to BIMStreamer and other technical facilities used for the provision of the Service and temporarily block the access to the BIMStreamer for the time needed to render such operations. Information about such blockage will be placed on the Website.
    • 4.5 Each party is entitled to immediately terminate the Agreement at any time. Termination must bear a form of an instrument. Termination shall not result in an obligation to compensate any damage suffered by the other party.
    • 4.6 Upon termination or cease of this Agreement, the license referred to in paragraph III.8 ceases.
    • 4.7 The Provider shall not be liable for any loss or injury suffered by the Customer as a result of using information (including files) received by the Customer within the scope of the Service.
    • Uponor may at any time and at its sole discretion stop offering Uponor BIM Platform.

  • 5. Right and Obligations of the Customer

    • 5.1 The Customer is obliged to provide true and accurate information in the registration form.

  • 6. Protection of Personal Information

    • Protection of personal information of the Customer provided to the Provider shall be governed by the Privacy and Security Policy.
    • Uponor, its affiliates or third-party licensors hold all intellectual property rights to Uponor BIM Platform including but not limited to the website and its contents. By accessing and using Uponor BIM Platform the User agrees that no rights, title or interest is transferred to the User. Any rights not expressly granted herein are reserved. Uponor grants User a limited, non-exclusive, non-assignable and non-transferable right to use Uponor BIM Platform subject to the acceptance of this Agreement.
    • When user downloads files or plug-ins by within the scope of Uponor BIM Platform, Uponor grants the User a limited, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use works incorporated in these files or plug-ins on the exploitation field of saving these works on the hard drive of a computer or in the memory of other device used by the User; using in dedicated programs; copying; displaying and sharing as part of projects or other documents created with the use of dedicated programs.
    • “Uponor” and other trademarks that are presented on Uponor BIM Platform either trademarks or registered trademarks of Uponor Corporation or its group companies. Other product and company names mentioned herein may be trademarks or trade names of their respective owners.
    • The User shall not use any of such trademarks in any manner whatsoever without prior written consent of Uponor, except for where such use of trademarks is connected with the use of products offered by Uponor, including the use of information (files) received within the scope of Uponor BIM Platform

  • 7. Trademarks

    • The Provider has all rights to any trademarks on the Website. The Customer shall not use any of such trademarks in any manner whatsoever without prior written consent of the Provider, except for where such use of trademarks is connected with the use of products offered by the Provider, including the use of information (files) received within the scope of the Service.
    • The User is aware that all information provided by the Uponor in connection with the Agreement is purely for information purposes. Any use of such information by the User for the purpose of any project or to resolve any technical issue is solely at the User’s risk and must be independently verified by the User.
    • The User shall not acquire any rights to files or plug-ins downloaded within the scope of Uponor BIM Platform excluding the license referred in section 6. The User shall follow the terms and conditions of the license, especially, the User shall not edit or share plug-ins with any third party. User may share BIM models with third parties within a planning project.
    • Upon the termination or ceasing of this Agreement, the User shall immediately delete all downloaded files or plug-ins. Despite the termination, the User shall be entitled to use files or plug-ins shared as a part of the projects or other documents created with the use of dedicated programs, however only in relation to project or other document.

  • 8. Final Provisions

    • 8.1 Each party hereto mutually waive any and all claims against the other party for any loss or injury suffered by that party in connection with the Agreement.

  • Amendments

    • Uponor reserves the right to change, amend or update this Agreement and start charging for the use of Uponor BIM Platform at its sole discretion and without a notice. The User will be deemed to have accepted such changes by continuing using Uponor BIM Platform. The User is always entitled to terminate the Agreement upon the amended terms coming into effect.

  • Term and termination

    • Unless otherwise agreed, the Agreement is in effect until terminated by either party. Each party is entitled to terminate the Agreement at any time. Termination shall be effective immediately and shall not result in an obligation to compensate any damage suffered by the other party.
    • Upon termination or cease of this Agreement, the license referred to in section 6 ceases.

  • Waiver

    • Each party hereto mutually waives any and all claims against the other party for any loss or injury suffered by that party in connection with the Agreement.

  • Complaints

    • Any complaint in connection to Uponor BIM Platform must be submitted in electronic form to the email address: bim.pds@uponor.com within 7 days from the date when the problem occurred.
    • The complaint must contain following information: name and email address of the person making the complaint and description of a problem that was a reason for the complaint, including the date and type of irregularities.

  • Applicable law and dispute resolution

    • Unless otherwise stated by any mandatory applicable law, the laws of Finland shall apply to all matters arising from or relating to Uponor BIM Platform and all disputes related thereto dealt exclusively by the District Court of Helsinki, Finland.
    • As a limited exception to the aforesaid, for Users who use Uponor BIM Platform as consumers and who are resident in the European Union, the laws of the member state in which the User is resident shall apply to the service and the Agreement and any disputes potentially arising in connection thereto. The courts of the consumer User’s place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer Users in the European Union may also bring any such dispute before a local consumer dispute resolution body.

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