Terms and Conditions

1. Scope of the Terms and Conditions

The following Terms and Conditions (T&C) apply to all relationships between the customer, on the one hand, and PLANDATA GmbH (“Provider”), on the other hand, arising from the use of the online knowledge platform BIMpedia.eu (hereinafter referred to as the “Platform” or “Services”), even if no explicit reference is made to them in individual cases. Further terms governing each contractual relationship are the current price lists published on the operator’s websites. The version of the GTC and the price lists valid at the time the contract is concluded shall apply. Any deviating, conflicting, or supplementary terms and conditions shall not become part of the contract, even if known, unless the Provider has expressly agreed to their validity in writing. The Provider hereby expressly rejects the Customer’s terms and conditions. Changes to the Terms and Conditions will be communicated to the customer and shall be deemed agreed upon if the customer does not object to the amended Terms and Conditions in writing within 14 days; the customer is expressly advised of the significance of silence in the notification.

2. About the platform

1. Through its knowledge platform, which is accessible online and via mobile devices, the Provider makes content (e.g., text, photos, videos, graphics, tutorials, training materials, articles, templates, objects, plug-ins, etc., hereinafter referred to as “Content”) related to Building Information Modeling (“BIM”). This Content is provided to the Provider by a wide variety of authors.
2. Due to the vast amount of information available and the possibility of frequent changes (particularly technical and legal ones), the Provider cannot assume any liability and/or warranty for the accuracy, correctness, timeliness, and completeness of the information.
3. The platform is intended for customers who regularly use BIM at a professional level. The Content contains suggestions and recommendations on how BIM could be used, but does not constitute binding advice. The customer must decide for themselves whether to follow or reject these suggestions. In any case, the Provider advises the customer to verify the accuracy and completeness of the provided Content themselves.
4. The subject matter of the contract consists of subscriptions for the provision of access to the BIMpedia platform.

3. Rights to the Content

1. The Content, in its entirety and in its parts, is the property of the Provider and is protected by copyright. All rights to the Content (or parts thereof) remain exclusively with the Provider.
2. The subscription to use the platform does not grant the customer any copyright, exploitation, licensing, or editing rights to the content (or parts thereof).
3. Any copyright-related use of the content (or parts thereof) by the customer is prohibited and constitutes a copyright infringement (subject to civil and criminal penalties).

4. Disclosure Requirements

In accordance with Section 5a(1) of the Consumer Protection Act (KSchG) and Section 4(1) of the Distance and Off-Premises Sales Act (FAGG), the provider provides the consumer with the following information, to the extent that this is already possible within the framework of the General Terms and Conditions:

1. Key features of the service: The provider’s service consists of operating a knowledge platform for Building Information Modeling (“BIM”).
2. Key features of the service: Fixed-term or open-ended contracts for the use of the online services.
3. Contracting party: PLANDATA GmbH, Landstraßer Hauptstr. 99-101, 1030 Vienna, Austria, T: +43 (0)1 7156363-0
4. Total price/costs: The prices quoted include all taxes and fees.
5. Remote communication costs: Customer’s standard rate (no premium rates).
6. Payment terms: at the customer’s choice and subject to availability: payment provider/credit card/bank transfer/invoice.
7. Right of withdrawal: see cancellation policy.
8. Warranty rights: in accordance with § 922 ff ABGB.

5. Registration

1. By registering, the customer makes a binding offer to enter into a contract for the use of the platform, which the provider may accept by activating the account.
2. Upon registration, the customer must provide the requested information, in particular their first and last names as well as their email address, and accept the current version of the Terms and Conditions.
3. The Provider is entitled to reject the customer’s request for activation without providing a reason.
4. The customer is responsible for safeguarding and keeping confidential the access data to their personalized online area. The provider recommends using a secure password.
5. The Provider reserves the right to restrict, completely discontinue, or charge for free basic or trial services at any time.

6. Right of Withdrawal or Cancellation

1. If the customer is a consumer within the meaning of the KSchG or a consumer within the meaning of the FAGG, he or she is legally entitled, pursuant to § 3 KSchG and § 4(1)(8) FAGG, to rescind his or her contractual declaration made in a distance sale or outside the provider’s business premises (order) or (after acceptance (activation) by the Provider) to withdraw from the contract under the terms of the following notice of withdrawal.
2. Withdrawal period: The right to withdraw must be exercised within 14 days of acceptance (= activation).
3. Notice of Right of Withdrawal: Pursuant to § 3 KSchG and § 4(1)(8) FAGG, the Provider hereby informs the Customer of the following statutory right of withdrawal:

   RIGHT OF WITHDRAWAL

   You have the right to withdraw from this contract within fourteen days without giving any reason.

   The withdrawal period is fourteen days from the date of conclusion of the contract (activation).

   To exercise your right of withdrawal, you must notify us,

   PLANDATA GmbH
   Landstraßer Hauptstr. 99-101, 1030 Vienna, Austria
   T: +43 (0)1 7156363-0

   by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. If you make use of this option, we will immediately send you (e.g., via email) a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

CONSEQUENCES OF CANCELLATION

If you cancel this contract, we must refund all payments we have received from you without delay and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.