Terms of Use – Uponor BIM Platform
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.
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Who we are
- Uponor BIM Platform is provided by Uponor Corporation (Business ID 0148731-6), a Finnish company with its registered address at Äyritie 20, 01510 Vantaa, Finland. If you have any enquiries and notifications concerning the service: bim.pds@uponor.com.
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What is Uponor BIM Platform
- Uponor BIM Platform is a service owned by Uponor, comprising of a website, models and technical drawings of products offered by Uponor that are available for automatic use during the course of creation and development of projects with use of dedicated programs available on Uponor BIM Platform. Access to and browsing of Uponor BIM Platform requires a working Internet and a web browser or similar application for browsing the Internet installed on a computer or another electronic device.
- Use of Uponor BIM Platform refers to the use of the website located at bim.uponor.com and the use of material available in Uponor BIM Platform.
- Uponor BIM Platform is provided free of charge.
- Functionalities of Uponor BIM Platform include:
a) files available in many formats, comprising models (3D) and their views (2D) as well as technical drawings of products offered by Uponor and
b) plug-ins for dedicated programs that integrate such dedicated programs with Uponor product portfolio.
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Registering to Uponor BIM Platform
- Registration as user is necessary for provision of some functionalities of Uponor BIM Platform. Without registration of user account, only browsing of Uponor BIM Platform is available. When registering to use Uponor BIM Platform User must provide certain information necessary for the provision of Uponor BIM Platform. The User may also provide other optional information.
- After registration, Uponor shall send User an email confirming the registration of user account to the email address provided by the User. Uponor may refuse to register user account without giving any reason, especially if the information submitted by the user is incomplete or imprecise. After receiving email confirming the registration of user account, the User may start using those functionalities of Uponor BIM Platform that are reserved for registered Users.
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Uponor’s liability
- Uponor BIM Platform and all information on it is on “as is” basis. No warranty either express or implied of any kind is given in relation to Uponor BIM Platform.
- Uponor shall provide Uponor BIM Platform with diligence and care.
Uponor is not responsible for any irregularities during the provision of Uponor BIM Platform resulting from:
a) incorrect functioning of a web browser used by User
b) incorrect functioning of Internet connection
c) adverse actions of third parties
d) other reasons not attributable to the Uponor.
- The Agreements ceases if the User:
a) provides false information in the registration form
b) breaches any of the terms hereof
c) uses Uponor BIM Platform in contravention to the applicable laws.
- Uponor may carry out updates, repairs and maintenance to Uponor BIM Platform and other technical facilities used for the provision of Uponor BIM Platform and temporarily block the access to Uponor BIM Platform for the time needed to render such operations.
- To the extent permitted by law, neither Uponor nor any of its affiliated companies shall be liable for any direct or indirect damage, loss or cost arising out of the access to or use of the service. Nothing in this Agreement shall restrict Uponor’s liability for any damage or loss caused by its gross negligence or willful misconduct or for death or personal injury.
- Uponor does not guarantee that Uponor BIM Platform will be error-free or available without an interruption. Uponor uses reasonable efforts to notify the Users of any material issues pertaining to Uponor BIM Platform however Uponor shall not guarantee that all such issues will be communicated to User in any given time or at all. When providing the Uponor BIM Platform, Uponor relies on the services and products of third parties that may be the cause of interruption or non-availability of Uponor BIM Platform.
- Uponor shall not be liable for any loss or injury suffered by the User as a result of using information (including files) received by the User within the scope of Uponor BIM Platform.
- Uponor may at any time and at its sole discretion stop offering Uponor BIM Platform.
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Privacy
- Uponor processes personal data according to the Privacy policy as part of Uponor BIM Platform. By accepting this Agreement or using Uponor BIM Platform, the User accepts his or her personal data being processed as described in the privacy policy.
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Intellectual Property Rights
- In case User provides Uponor any ideas or comments regarding Uponor BIM Platform, Uponor may freely use and exploit User’s submission and its content for any purpose Uponor deems appropriate without any compensation to the User.
- 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
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User’s obligations and rights
- The User is obliged to provide true and accurate information in the registration form.
- 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.
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Statutory consumer rights
- This Agreement and in particular any limitations of liability included herein shall not exclude liability which cannot be excluded under mandatory applicable law. Users may have rights or remedies not explained herein. Under the user’s local law, Uponor may be liable for certain errors and defects in Uponor BIM Platform even if not described herein.
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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.
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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.
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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.
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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.
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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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