Terms and Conditions of User
By registering as a user, you enter into a separate contract which is subject to the following terms and conditions of use:
1. BIM Value Benchmarking is an online tool developed by the Sustainable Built Environment National Research Centre (“SBEnrc”). Data entered into BIM Value Benchmarking is hosted by NATSPEC. Curtin University (“Curtin”) is a core member of SBEnrc and a participating organisation in development projects related to BIM Value Benchmarking. By registering as a user, you enter a contractual relationship with each of SBEnrc, NATSPEC and Curtin.
2. You will only enter data into BIM Value Benchmarking for which you have the authority to do so. You accept responsibility for obtaining this authority and you will indemnify SBEnrc, NATSPEC and/or Curtin in respect of any liability arising out of their unauthorised use of data supplied by you.
3. SBEnrc, NATSPEC and Curtin accept no responsibility for misuse of data by third parties authorised to have access to that data.
4. All data you enter into BIM Value Benchmarking must be accurate and sourced from a real project. (If you wish to try BIM Value Benchmarking before entering real project data, then you must use the Demonstration version of the online tool).
5. Information which you provide will be held in confidence, save that SBEnrc, NATSPEC and Curtin have. no obligation to maintain that confidentiality if and to the extent that the information is in or subsequently enters the public domain or if there is a legal obligation to disclose the information to a third party.
6. SBEnrc, NATSPEC and Curtin will take reasonable precautions to prevent unauthorised persons accessing your data. Access to data you enter into BIM Value Benchmarking will be limited to:
- I. You
- II. Other persons you invite to join a project
- III. SBEnrc and NATSPEC software Administrators for the purpose of maintaining BIM Value Benchmarking
7. SBEnrc‐approved researchers for the purposes of reviewing data integrity and conducting academic research (see 5).SBEnrc and NATSPEC undertake only to use data entered into BIM Value Benchmarking for the purposes of researching the value delivered through the adoption of BIM, the results of such research may be published in academic and professional journals, presented at conferences or made available by other means. The research will not identify individual projects or contracts without the prior consent of the Project Owner. (The Project Owner is the person who created the project in BIM Value Benchmarking or the person to whom ownership is transferred).
8. SBEnrc will take responsible steps to confirm the validity of data entered into BIM Value Benchmarking and to ensure that reports are accurate, however SBEnrc and NATSPEC give no
assurance in this respect.
9. Any report you produce from BIM Value Benchmarking must be reproduced in full, or if citied in part must carry the acknowledgement “BIM Value Benchmarking, Sustainable Built Environment National Research Centre (SBEnrc), MM/YYYY” (MM/YYYY being the month and year in which you obtained the report being citied).
10. The SBEnrc, NATSPEC and Curtin University take no responsibility for the consequences of misuse of reports or data obtained from BIM Value Benchmarking.
11. All SBEnrc and NATSPEC logos are trademarked and may only be used with permission of the owner.
12. BIM Value Benchmarking is made available “as is” with no warranty as to performance, functionality or results. SBEnrc, NATSPEC and Curtin accept no liability and disclaim all responsibility (except to the extent that statutory obligations prohibit the exclusion or limitation of liability) for any loss you sustain as a result of you using BIM Value Benchmarking.
13. You are responsible for ensuring you have adequate insurance in place to cover any exposure to which you believe you will be subjected as a result of using BIM Value Benchmarking.
14. Your right to access and use BIM Value Benchmarking can be withdrawn at any stage. You will retain a right, however, to recover any data belonging to you in the event of termination of your access rights for any reason.
15. You will indemnify SBEnrc, NATSPEC and/or Curtin against any loss or liability sustained by any of them, or any liability incurred by any of them to a third party, arising out of your use of BIM Value
16. Neither SBEnrc, NATSPEC nor Curtin will be liable to you for any special or indirect loss or damage arising out of your use of BIM Value benchmarking. In the event that, for any reason, SBEnrc,
NATSPEC or Curtin University incur liability to you, the liability of each of those parties will not be joint and several. For the avoidance of doubt, one of those parties will not be liable for the acts or omissions of another.
17. These terms and conditions are governed by the laws of the state of Western Australia.