Welcome to ARCHICADselect.com, an ArchiCAD resource centre. Please read these terms of use carefully.
A. These terms of use apply to subscriptions plans, access and use by you of the ArchiCAD resources on this website and to any rights you may purchase to attend an eClass. These terms of use are binding on you and apply to you from the time that you accept them on registration. B. ARCHICADselect.com Limited reserves the right to modify or replace these terms of use at any time, effective upon the posting of modified or replacement terms on this website but subject to the following: • Monthly subscription – modified/replacement terms of use become effective in respect of your monthly subscription on commencement of month following posting. • Annual subscription - modified/replacement terms of use become effective in respect of your annual subscription on commencement of next annual period (if any) following posting. • eClass - modified/replacement terms of use do not apply for any eClass purchased three days or more prior to the modified / replacement terms being posted. ARCHICADselect.com Limited will make every effort to communicate changes to the terms of use to you by email or notification on the website. It is your obligation to check the website regularly for any changes to these terms of use.
C. In these terms of use, ‘we’, ‘us’ ‘our’ are references to ArchiCADselect.com Limited and ‘you’ and ‘your’ are references to the person who accepts these terms of use, or on whose behalf these terms of use are accepted, during registration on this website. ________________________________________ These terms of use were last updated on 24 March 2009.
1. Definitions: In these terms of use:
“Agreement” means these terms of use (as updated from time to time subject to B above), our privacy policy and all details of pricing, payment, subscription plan credits, eClasses and other matters relevant to the subscription plan, booster pack or eClass that you purchase or book in for, as specified on the website at the time of purchase, renewal (in accordance with clause 2.5 or booking. "Subscription Fee" means the fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website at the time that you purchase a subscription plan or at the time that your subscription plan renews under clause 2.5. "Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party. “eClass fee” means the fee payable by you in accordance with the fee schedule set out on the Website at the time you purchase rights to attend the eClass. "Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. "Content" means the ArchiCAD resources available to subscribers on the Website as changed or updated from time to time. "Website" means the Internet site at the domain www.ARCHICADselect.com or any other site operated by ARCHICADselect.com Limited in substitution for that website.
2.1 When you purchase a subscription plan, you will receive credits according to your subscription plan. You may use the credits to access and use Content in accordance with the quantity of credits available to you. All Content is provided on a non-exclusive basis. You are not entitled to transfer your subscription plan or credits to any other person.
2.2 You may download, view, print and copy documents and graphics incorporated in the Content from the Website for your own use only, including for the purposes of your business. No part of the Content may be modified or altered in any way.
2.3 You must not display, sell, reproduce, publish or incorporate in any publication, license, post, transmit or distribute any Content in whole or in part, whether for commercial gain or otherwise.
2.4 Your subscription plan (whether monthly or annual) will automatically renew for further periods of one month or 12 months each (as applicable) unless you notify us by email no later than three days prior to the end of the monthly period relevant to your subscription plan.
2.5 Unless you notify us otherwise, your subscription plan will be the same as for the preceding subscription period. If you wish to upgrade or otherwise change your subscription plan, please notify us by email no later than three days prior to the end of the current subscription period.
3.1 When you purchase rights to attend an eClass, we will make that eClass available to you as described on our Website and at the time specified. We will notify you if we need to reschedule an eClass. All classes are provided on a non-exclusive basis.
3.2 It is your obligation to attend the eClass at the specified time.
4.1 Subscription plans: An invoice for the Subscription Fee will be issued to you:
(a) monthly in advance (for monthly subscriptions) – on the date that payment is due (being the first day of the monthly period applicable to your subscription), if you select a monthly subscription plan. The invoiced amount will be charged to your credit card on the due date. If you wish to end your monthly subscription you must notify us by email no later than three days prior to the end of the monthly period relevant to your subscription plan.
(b) annually in advance (for annual subscriptions) – on the date that payment is due (being the first day of the 12 month period applicable to your subscription), if you select an annual subscription plan. The invoiced amount will be charged to your credit card on the due date. If you wish to end your monthly subscription you must notify us by email no later than three days prior to the end of the monthly period relevant to your subscription plan.
(c) for booster packs – on purchase of booster pack the invoiced amount will be charged to your credit card on the date that the invoice is issued.
4.2 eClasses: An invoice for the eClass fee will be issued to you on the date that you purchase rights to attend an eClass. The invoiced amount will be charged to your credit card on the date that the invoice is issued.
4.3 Our invoices are issued by email at the email address you provided on registration or any new email address you provide to us on five days notice.
4.4 All credit card payments are processed by Direct Payment Solutions Limited (“DPS”) and are subject to DPS’ terms and conditions.
4.5 All applicable value added and other taxes, and duties, will be charged in addition to the relevant eClass fee or Subscription Fee.
4.6 In the event of a Subscription Fee not being paid on the due date (due to a credit card being declined or otherwise), you will not receive the credits otherwise due to you under your subscription plan ,
5.1 Subscription plans: (a) Except as specified in clause 5.1(b) below, there will be no refund for any remaining prepaid period for a prepaid Subscription Fee (whether monthly or annual).
(b) If through our fault you are incorrectly invoiced and charged for the next month or next 12 moths (as applicable) of your subscription plan, we will refund the Subscription Fee charged. You must notify us no later than three days prior to the end of your current monthly or annual subscription period if you do not wish the subscription to automatically renew. If you notify us less than three days before the end of your current subscription period, we will not have incorrectly invoiced and charged you for the next period and no refund will apply.
5.2 eClasses (a) We will provide a 100% refund of the eClass fee you have paid to attend an eClass if you notify us by email no less than three days prior to the class taking place. No refunds will otherwise be provided, and in particular but without limitation, no refund will be provided if for any reason you are unable to attend all or any part of the eClass.
6.1 You will ensure that all usernames and passwords required to access the Content and any eClass are kept secure and confidential. You will immediately notify ARCHICADselect.com Limited of any unauthorised use of your passwords or any other breach of security and we will reset your password.
6.2 As a condition of these terms of use, when accessing and using the Content, attending an eClass or accessing eClass material, you must:
(a) not attempt to undermine the security or integrity of our computing systems or networks or, where the Website is hosted by a third party, that third party's computing systems and networks;
(b) not misuse the Content or eClass material in any way or use or misuse the Website in any way which may impair the functionality of the Website, or impair the ability of any other user to use the Content or eClass material or Website;
(c) not attempt to gain unauthorised access to any Content or eClass other than those which you are entitled to access, or to the computer system on which the Website is hosted;
(d) not transmit, or input into the Content or Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
(e) not modify, copy, adapt or reproduce the Content, eClass material or the Website except as expressly permitted by these terms of use.
Website Communications 6.3 As a condition of these terms of use, if you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Content including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
6.4 When you make any communication on the Website, you represent that you own the content of the communication. ARCHICADselect.com Limited is under no obligation to ensure that the communications on the Website are legitimate or accurate, appropriate or relevant. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, without limiting the earlier part of this clause, ARCHICADselect.com Limited does reserve the right to review or remove any communication at any time in its sole discretion.
7.1 You indemnify ARCHICADselect.com Limited against all claims, costs, damage and loss arising from your breach by you of the Agreement or any obligation you may have to ARCHICADselect.com Limited, including (but not limited to) any costs relating to the recovery of any Subscription Fees or eClass Fees that have not been paid by you.
8.1 Unless the relevant party has the prior written consent of the other or unless required to do so by law:
(a) Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these terms of use. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these terms of use. (b) Each party's obligations under this clause will survive termination of our agreement with you.
(c) The provisions of clauses 9.1(a) and (b) shall apply to any information which: (i) is or becomes public knowledge other than by a breach of this clause 9.1; (ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; (iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or (iv) is independently developed without access to the Confidential Information.
9.1 ARCHICADselect.com maintains a privacy policy that sets out our commitment to you in respect of your personal information. You should read that policy at www.ARCHICADselect.com/privacy.aspx since you will be taken to have accepted it when you accept these terms of use.
10.1 Subject to clause 11.2, title to, and all Intellectual Property Rights in the Website, the Content and eClass material is and will remain the property of ARCHICADselect.com (or its licensors).
10.2 Our partners and others contribute to the Content and where ownership of Intellectual Property in such Content is retained by the contributors, those contributors own that Intellectual Property.
10.3 Nothing in these terms of use operates to transfer ownership of any Intellectual Property to you or to vest ownership of any Intellectual Property in you.
11.1 You acknowledge that: (a) The provision of, access to, and use of, the Content and eClasses is on an "as is, where is" basis and at your own risk.
(b) ARCHICADselect.com Limited does not warrant that the availability of the Content will be uninterrupted or error free or that a scheduled eClass will take place as scheduled. Among other things, the operation and availability of the systems used for accessing the Content and for providing eClasses, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Content and our ability to provide eClasses. ARCHICADselect.com Limited is not in any way responsible for any such interference or prevention of your access or use of the Content or eClasses.
12.1 ARCHICADselect.com Limited gives no warranty about the Content or any eClass. Without limiting the foregoing, ARCHICADselect.com Limited does not warrant that the Content or any eClass will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
13.1 If you acquire or hold yourself out as acquiring a subscription plan or right to attend an eClass for the purposes of a business, then to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction do not apply in respect of the Content, eClasses, the Website or these terms of use.
14.1 To the maximum extent permitted by law, ARCHICADselect.com Limited excludes all liability and responsibility to you (or any other person) in contract, tort (including in each case negligence), or otherwise, for any loss (including loss of profits and savings) or damage arising in connection with the Agreement, the services provided by us and/or the Content, eClasses and Website.
14.2 If you suffer loss or damage as a result of our negligence or failure to comply with these terms of use, any claim by you against ARCHICADselect.com Limited arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents to the total fees paid by you in the 12 months preceding the event giving rise to the claim.
15.1 Breach: We may, at our discretion, suspend your rights under the Agreement or terminate the Agreement if you:
(a) breach any of these terms of use, being a breach capable of being remedied, and do not remedy the breach within 14 days after receiving notice of the breach from us
(b) breach any of these terms of use, being a breach not capable of being remedied (which includes without limitation any breach of clause 6 or any payment more than five days overdue; or
(c) being the paying subscriber, go into liquidation or a receiver or manager is appointed of any of your assets or you become insolvent, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
15.2 Accrued rights: Termination of the Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of the Agreement you will:
(a) remain liable for any accrued charges and amounts which become due for payment before or after termination; and
(b) immediately cease to access Content.
15.3 Survival: Clauses 9, 10, 11, 15 and 16 and any other clause which by its nature survives expiration or termination, will survive the expiration or termination of the Agreement.
16.1 Technical Problems: Technical problems: In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting ARCHICADselect.com Limited. If you still need technical help, please check the support provided online by ARCHICADselect.com Limited or failing that email us at theteam@ARCHICADselect.com
16.2 Service availability: Whilst ARCHICADselect.com Limited intends that the Content should be available for access 24 hours a day, seven days a week, it may be unavailable at various times due to Website maintenance or upgrades or related work or for reasons outside of our control. If for any reason ARCHICADselect.com needs to interrupt availability of the Website or Content, for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.
17.1 Entire agreement: The Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and ARCHICADselect.com Limited relating to its subject matter.
17.2 Waiver: If either party waives any breach of the Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
17.3 Delays: Neither party will be liable for any delay or failure in performance of its obligations under the Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
17.4 No assignment: You may not assign or transfer any rights under the Agreement to any other person without our prior written consent.
17.5 Severability: If any part or provision of the Agreement is found to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.
17.6 Notices: Any notice given under the Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to ARCHICADselect.com Limited must be sent to theteam@ARCHICADselect.com or to any other email address notified by email to you by ARCHICADselect.com Limited. Notices to you will be sent to the email address which you provided when you registered on our Website.
17.7 Governing law and jurisdiction: The Agreement is governed by the laws of New Zealand and each party submits to the non-exclusive jurisdiction of the courts of New Zealand.