WEB SITE OWNER IDENTIFICATION DETAILS
BIM6D Consulting & Performance S.L., as owner of the Website www.powerbim.com, www.powerbim.io and www.powerbim.es , hereby informs you of its identification details, in accordance with the information obligation set forth in article 10 of the Spanish Information Society Services and Electronic Commerce Act 34/2002, of 11 July:
Company name: BIM6D Consulting & Performance, S.L.
Company Tax ID: B7290700
Registration details: Registered Company on date 25/09/2018, 1st registration, volume 46612, page 215, sheet B 525450
Email address: firstname.lastname@example.org
Registered premises: Ronda General Mitre 200, 7º 1ª, 08006, Barcelone (Catalonia), Spain.
The term “professional” and “professionals” are used in this document to refer to professionals of the AECO Sector.
This document indicates the conditions governing the relationship between the company BIM6D Consulting & Performance, S.L. and the professional with reference to use of the Website www.powerbim.com, www.powerbim.io and www.powerbim.es subsequent to registration.
CONDITIONS OF USE – LEGAL NOTICE
The term of the present Terms and Conditions of Use – Legal Notice will commence when the professional accepts said terms and conditions on registering as a professional on the Website, and will endure until either BIM6D Consulting & Performance, S.L. or the professional brings the relationship to an end.
BIM6D Consulting & Performance, S.L. reserves the right to shut down the present Website and deny access to registered professionals at any time, provided a 30-day notice period has been given. In addition, BIM6D Consulting & Performance, S.L. may suspend the account of any professional in the event of a breach of these Terms and Conditions of Use – Legal Notice.
For their part, registered professionals may cancel their relationship with the present website and delete all their content thereon at any time. In accordance with the above, content generated by a registered professional will no longer be accessible once his or her account has been either terminated or suspended.
The POWERBIM software can only be distributed to companies interested in to use it for the intended purposes exposed on the page www.powerbim.com, www.powerbim.io and www.powerbim.es and its copying, redistribution or commercialization is not allowed.
To start using the platform it is necessary to register for the service, purchasing the “Powerbim Software License” by registering at www.powerbim.com, www.powerbim.io and www.powerbim.es
To use POWERBIM the client need to have previously contracted a BIM360 or Autodesk Docs Hub, owned and managed by Autodesk, without any responsibility to BIM6D team, the client should contact to Autodesk Commercial representants to acquire the product and necessary licenses to use it. What is needed in the BIM360 Hub and Autodesk Docs is the possibility to include Autodesk Forge integrations, we can help to users to correctly ask for this capability to Autodesk company.
The professional guarantees that all the information provided on registration on the Website is true, exact, complete, and up to date, including first names, surnames, email and, where applicable, credit card or bank account number.
The professional will refrain from using false identities, engaging in identity fraud, or using a username or password he or she not authorised to use. The professional authorises BIM6D Consulting & Performance, S.L.to request any verification of the information provided and send emails in relation to the Website.
Once the professional has read and accepted the Terms and Conditions of Use – Legal Notice, and sent his or her registration application using the form on this Website, BIM6D Consulting & Performance, S.L. will proceed to create his or her professional profile in the application with the details supplied. To safeguard the creation of your profile, this process does not occur automatically; confirmation of registration may therefore take a few hours. A confirmation email containing your personal access codes (the user is advised to change these for security reasons) and these Terms and Conditions of Use – Legal Notice will then be issued.
c) Patient management
Once registration has been confirmed by , BIM6D Consulting & Performance, S.L the newly-registered professional may begin to use the software utilities in accordance with the user manuals provided on the site. You may, for example, review, modify and update your details in the Web system. You may also authorise the inclusion of your professional center in the AECO locator on the www.powerbim.com, powerbim.io and powerbim.es Website.
Determining the tasks or activities times appropriate for each project and monitoring their progress is the responsibility of the professional. The Website provides professionals with a series of tools which can be useful in AECO Industry; however, the ultimate responsibility for their correct use lies with the professional.
The professional hereby undertakes to comply with all the terms of the present Conditions of Use – Legal Notice. Improper or unauthorised use, or damages incurred as a consequence of non-compliance with the Conditions of Use – Legal Notice, will give rise to the taking of appropriate action under the law and, where applicable, to any resultant liabilities.
The professional will be understood to be in breach of the present Conditions of Use – Legal Notice under the following circumstances:
- Not having adequate technical means for the correct application of POWERBIM.
- The professional uses the same project profile for more than one project.
- The professional uses the application for purposes other than those specified, or transfers, reveals, copies or modifies the application or other information which is the exclusive property of BIM6D Consulting & Performance, S.L
- The professional assigns or attempts to assign some or all of their rights and obligations under these Conditions of Use – Legal Notice to third parties.
- BIM6D Consulting & Performance, S.L ‘s intellectual or industrial property rights are infringed by the professional.
- Fraudulent use of the present Conditions of Use – Legal Notice with regard to the assignation of one licence per patient per month.
- Breach of any other significant stipulation of the present Conditions of Use – Legal Notice.
Under any of the above circumstances, the right of the professional to continue to use the application will be immediately rescinded and his or her access denied, subsequent to which BIM6D Consulting & Performance, S.L.will proceed to cancel his or her user licence. Should the present Conditions of Use – Legal Notice be terminated for reasons attributable to the professional, any sums already paid for licences, whether or not these are valid at the time of termination, will be forfeited.
PROHIBITIONS OF USE
Modification of the software and its contents is not permitted. Access to the software and use of the information it contains is the exclusive responsibility of the person who accesses or uses it.
The sending of unsolicited single or bulk emails (Spam) to email accounts used by this Website is prohibited. Using this Website for commercial purposes, or inappropriately for own ends, is also prohibited. The user may not access the Website in order to damage, impair, misuse or overload the services and/or information provided.
Use of the POWERBIM brand for commercial purposes without first obtaining express written authorisation from BIM6D Consulting & Performance, S.L.is not permitted.
The powerbim.com, powerbim.io and powerbim.es internet domain is owned by BIM6D Consulting & Performance, S.L., as are the intellectual property rights of this Website, its graphic design and the codes it contains, unless indicated otherwise. Unauthorised reproduction, distribution, commercialisation or transformation or this Website or its contents is an infringement of the intellectual property rights of BIM6D Consulting & Performance, S.L or of whichever entity is the holder of said rights. Likewise, all brands and distinctive marks of any kind contained on the Website are protected by law. The unauthorised use of the information contained on this Website, and damages suffered by BIM6D Consulting & Performance, S.L ‘s intellectual and industrial property rights, may give rise to the taking of appropriate action under the law and, where applicable, to any resultant liabilities.
BIM6D Consulting & Performance, S.L. grants the registered professional a non-exclusive, non-transferable user licence for its POWERBIM application for the duration of their relationship under the terms described in the present Conditions of Use – Legal Notice. This right includes the right to: (a) use the functionalities contained in the application; (b) permit his or her patients to download and use the published contents according to the terms detailed in the present Conditions of Use – Legal Notice; and (c) show and distribute the trademarks and logotypes as supplied by BIM6D Consulting & Performance, S.L.
LIMITATION OF LIABILITY
BIM6D Consulting & Performance, S.L. assumes no liability for either users, professionals or third parties, other than liability as a direct result of its own gross or wilful negligence, within the confines of Spanish law, the user being solely liable for his or her own use of the Website.
Determining the project procedures is responsibility of the professional. The Website provides professionals with a series of tools; however, the ultimate responsibility for their correct use lies with the professional.
BIM6D Consulting & Performance, S.L.is not liable for damages, direct or indirect, resulting from use of, or inability to use, the Website, including loss of data generated in relation to use of the Website. In this respect, BIM6D Consulting & Performance, S.L.will not be held liable in any case of damages arising out of special or incidental circumstances, or indirect or emergent damages, including but not limited to those which arise out of business interruption, loss of profit or unrealised profits and gains, even though BIM6D Consulting & Performance, S.L.may have received notification of the possibility of such damages.
Neither will BIM6D Consulting & Performance, S.L.be held liable for any alterations to or loss of data that may occur from the contents posted on its Website. In this regard, BIM6D Consulting & Performance, S.L.cannot fully guarantee the operation of the communications network and therefore assumes no liability for the availability of the hosting service. The servers may be disconnected without prior notice. Every endeavour will be made to ensure that the impact of maintenance work is kept to a minimum. BIM6D Consulting & Performance, S.L.is not liable for any damages suffered by the user arising out of access to this server or information or applications contained therein.
BIM6D Consulting & Performance, S.L.will not be held liable for faults caused by events or circumstances out of its control, including but not limited to denial of service attacks, insurrection, fire, flood, storms, war, terrorism or employment conditions.
The user is solely responsible for safeguarding and maintaining the confidentiality of his or her username and password, which is the same user and password that the user’s Autodesk account with access to BIM360 or Autodesk Docs, and is liable for all activities engaged in under his or her account. Users will not allow third parties to compromise them by using the Website via their account, and will immediately notify BIM6D Consulting & Performance, S.L. of any unauthorised use of their username, password, or account.
POWERBIM is a BIM360 / Autodesk Docs integration that collects data from the files managed in this platforms and process this information in a secure way for the use of the POWERBIM platform and possible new applications and software that will need it to work properly. All personal data will be anonymized and secured if this data is provided in the personal section of POWERBIM for users or the information that can be obtained in regular meetings, giving support or any kind of collaboration with the client.
MODIFICATION OF THE PRESENT CONDITIONS OF USE – LEGAL NOTICE
BIM6D Consulting & Performance, S.L. reserves the right to modify the present Conditions of Use – Legal Notice according to its own criteria, or in response to changes in legislation or recent legal precedents. Should BIM6D Consulting & Performance, S.L. introduce any modification, the modified text will be published here, together with the date of the most recent revision, thus facilitating the user’s awareness of the new Conditions of Use – Legal Notice.
The user is responsible for checking for any modifications. Continued use of the Website subsequent to the publication of changes will constitute acceptance of these.
For the bringing of actions arising out of the present Conditions of Use – Legal Notice, the user expressly submits to Spanish law and the jurisdiction of the courts and tribunals of Barcelona (Catalonia), Spain, expressly renouncing any other jurisdiction to which he or she may have recourse.