Terms & Conditions
- Products (Software, Hardware, Training etc.) are offered and supplied by BIM Generation Pty Ltd (ACN 652 598 162, hereafter referred to as “The Company”). By placing an order for the purchase of Products on The Company’s website You agree to purchase the Products subject to the following terms and conditions.
- The Company sells Software that has been developed by 4M S.A. (Advanced Software Engineering Systems) of Greece and has been provided with distribution rights for this purpose. The terms of the license granted to You for the Software is set in an End User License Agreement (EULA) which is available from the original supplier’s website or when downloading the Software. The Company is entitled to all the rights afforded to licensors or similar parties under any applicable EULA.
- Title for Products which are Software remains with the licensor of that software.
- The Company recognises that You may require assistance for the Installation of software and Training in its use. The provision of any installation and Training services may be arranged at your request and may incur an additional fee.
- When placing an order on The Company’s website You warrant that (a) all details that You have provided are true and accurate, (b) You are the authorised user of the debit or credit card used to place an order; and (c) there are sufficient funds to cover the cost of the Products purchased.
- As consideration for the provision of the Products, You must pay to The Company (a) fees associated with Your purchase via our website; and (b) amount or amounts set out in any subsequent invoice issued by The Company.
- Any orders for Products that are placed through The Company’s online e-commerce platform may by cancelled by You prior to the delivery of Your order. Other than where orders have been placed through The Company’s online e-commerce platform, You may cancel an order prior to delivery of Your order.
- You are entitled to a replacement or refund where the Product purchased has a major failure. Major failures include (a) the Product is faulty, (b) the Product is significantly wrongly described, or (c) the Product does not do what it is supposed to do. The Company is not required to provide a replacement or refund if You simply change your mind. You will be required to provide Your receipt for proof of purchase before a replacement or refund is granted.
- Except as otherwise expressly provided, The Company does not give any representations or warranties in relation to the Products, including that the Products will meet Your requirements or that the operation of the Products will be uninterrupted or error free or that any internet tool, and Product will be completely secure.
- Except where the Australian Consumer Law provides otherwise, The Company’s total liability to You in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions, whether arising in contract, tort (including negligence), under a statute or otherwise is limited in the case of Products supplied pursuant to these terms and conditions, to any one or more of the following as The Company may in its absolute discretion elect:
(a) the replacement of the Products or the supply of equivalent goods;
(b) facilitate the repair of the Products with the original producer;
(b) the payment of the cost of replacing the Products or of acquiring equivalent goods; or
(d) the payment of the cost of having the Products repaired.
- Without limiting the provisions of these Terms & Conditions clauses and to the extent permitted by law, The Company is not liable to You, whether before or after acceptance of these terms and conditions, in respect of any loss or damage whatsoever, whether arising in contract, tort (including negligence), pursuant to any statute or otherwise, sustained by You or any other person in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions, including function and performance of Software. Such loss or damage shall include, without limitation, loss of profits and loss or damage caused by a breach of these terms and conditions (including, but not limited to, claims for non-conforming Products, claims for loss of data, goodwill, use of money or use of the Products, late delivery, interruption in use, corruption or availability of data, stoppage of other work or impairment of other assets), the negligence or wilful act or default of The Company or others, whether consequential or otherwise and whether or not such loss or damage was reasonably foreseeable.
- You acknowledge and confirm to The Company that at the time of acceptance of these terms and conditions, You are not relying on any representation made by The Company or any of its officers, employees, contractors or subcontractors that has not been stated expressly in these terms and conditions, or on any descriptions or specifications contained in any other document, including any presentations, catalogues or publicity material produced by or on behalf of The Company.
- The Company may, in its absolute discretion, assign its financial entitlements and/or benefits under these terms and conditions to anyone without Your approval.
- You may make a complaint about the Products provided by the Company by emailing firstname.lastname@example.org. All complaints must be made in writing and must set out the details of the complaint. We treat all complaints seriously and will use all reasonable endeavours to respond to your complaint in a timely and friendly manner.
- The Company reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on The Company’s website. The terms and conditions which apply at the time that You place an order are the terms and conditions which will apply to Your order.
- These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Product or Products means Software, Hardware and/or Training purchased by You from The Company, as well as services relating to the installation and use of software and hardware purchased by you from The Company.
Software means computer software of any type or form in any stage of actual or anticipated research and development, including but not limited to programs and program modules, routines and subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowchart, coding sheets, and the like), data or application systems code, source code, object code and load modules, programming patches and system designs provided to The Company for distribution to You.
You means the entity or person who purchased the Software, Hardware, or Services and who is therefore the counterparty to these terms and conditions and any applicable EULAs.
- If you have further questions about our Terms & Conditions policy please contact us.
BIM Generation Pty Ltd