In these Terms:
Affiliate means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party.
Agreement means the agreement between the parties formed under clause 1.1 and includes any schedules or annexures to these Terms as well as any additional or varied terms agreed between You and Us in writing.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Billing Cycle means the frequency at which You will be charged the Fees.
Business Day means Monday – Friday excluding public holidays in NSW.
Business Hours means 9:00am – 5:00pm on Business Days.
Control of an entity meaning means having more than 50% ownership or the right to direct management of an entity.
Data means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files).
Fees means the applicable subscription fees payable by You set out in a Platform Services Description or an applicable invoice issued to you by Us.
Force Majeure Event means war, strike, lockout, natural disaster, flood, earthquake, epidemic or pandemic, act of God, riot, national or regional emergency, government action or restrictions or other circumstances beyond Our reasonable control.
Free Trial means a free trial of the Platform or Services offered by Us from time to time.
Free Trial User means anyone using the Platform or Services as part of a free trial offered by Us.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Loss means any damage, loss, liability, cost or expense incurred by a party, notice, entitlement, investigation, claim, action, proceeding, judgment (whether under statute, contract, equity tort (including negligence, indemnity or otherwise) or demand made against a party, however arising and whether present or future, fixed or unascertained, actual or contingent and whether involving a third party or a party to these Terms or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Platform means the "Bimlogiq" website and Platform owned and/or provided by Us, the homepage URL of which is https://bimlogiq.com/ and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website and Platform and any source code and object code in the Platform, and also refers to any desktop and mobile versions of the website and Platform and any of Our associated smartphone applications.
Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.
Platform Services means the services made available via the Platform from time to time including but not limited to Smart Annotation, Schematic Tools and Snip Tool.
Platform Services Description means the Platform Services as set out at https://bimlogiq.com/.
Registered User means as set out in clause 5.1.
Registered User Data means as set out in clause 8.1.
Service(s) means any Platform Services, or other services provided by Us to You as agreed in writing between You and Us.
Service Data means Data or Intellectual Property Rights generated by Us while providing the Services.
Subscription means the subscription plan You sign up for when You register for a Platform Account.
Tax Invoice has the same meaning as in the GST Act.
Terms means the terms and conditions set out on this webpage as amended by Us from time to time.
Third Party Services means any hosted, cloud or software-based services provided by any third party that are or may be integrated with the Platform from time to time in circumstances where the You must, in order to activate the integration, have an account with the relevant services provider or obtain activation or access credentials from the relevant services provider.
We, Our and Us means Bimlogiq Pty Ltd (ACN 639 389 727).
You means you, the person who utilises or receives the Services or accesses the Platform for any reason, whether or not You are a Registered User of the Platform.