Terms & Conditions

 

1. Preliminary

 

1.1. References in these Terms and Conditions to “FRAMECAD®”, “we”, “us” or “our” are references to FRAMECAD Limited of 99 Felton Mathew Avenue, Glen Innes, Auckland, 1072, New Zealand.   References to “you” and “your” and the “user” are references to users of the Website (as defined below) from time to time.

 

1.2. These Terms and Conditions govern access to and use of this website:  www.framecad.com or the website “my.framecad.com”, as applicable, or any subsequent URL or URLs used by FRAMECAD® from time to time (Website).  No additions to or modifications of these Terms and Conditions shall be effective unless accepted by us in writing.  FRAMECAD® may modify these Terms and Conditions by posting an updated copy of them on the Website from time to time.  By continuing to use the Website you agree to the amended Terms and Conditions.

 

1.3. FRAMECAD® has issued a Privacy Policy.  This is located on the Website www.framecad.com/en/contact-us/. The Privacy Policy, in such form as may be amended from time to time and posted on the Website, is hereby incorporated by reference into these Terms and Conditions as if fully set out here.  By using the Website you are also agreeing to the terms of the Privacy Policy as contained on the Website.  Among other things, the Privacy Policy sets out the information which FRAMECAD® may gather about you through your use of the Website or and/or your registration with or use of MyFRAMECAD or your use of any of the products or services of FRAMECAD® and the way in which FRAMECAD® will use that information.

 

2. General

 

2.1. FRAMECAD® makes no representation or warranty, express or implied, as to the accuracy, completeness or suitability for purpose of this Website or any Content (as defined in clause 2.9) and neither FRAMECAD® nor its directors, employees or other representatives shall have any liability for the Content contained in, or any omissions from, this Website.

 

2.2. The Content on this Website is presented for general information only and is presented for the purposes of promoting FRAMECAD®'s products and services and providing information about FRAMECAD® to customers, suppliers and to the general public and for no other reason.  

 

2.3. No Content constitutes, or shall be relied upon as constituting, the giving of advice of any nature (including, without limitation, architectural, engineering, quantity surveying, construction, regulatory, financial or legal advice) by or on behalf of FRAMECAD® to any person.  Each person must make his or her own independent assessment with the assistance of appropriate advisors in relation to all such matters.

 

2.4. Without limiting these Terms and Conditions, no assessment has been made by FRAMECAD® and FRAMECAD® makes no representation or warranty, express or implied, as to the accuracy, completeness or suitability for purpose of drawings, plans, video representations, data sheets or any other images or representations of buildings or any component of a building.  Such Content does not constitute architectural, engineering, construction or detailing information or plans, and may or may not be to scale.

 

2.5. This Website does not contain or purport to contain all the information that users may desire or need for their specific requirements or specific jurisdiction. 

 

2.6. Although all reasonable endeavours have been made to ensure that the Content is current and accurate, it may contain typographical errors and/or technical inaccuracies.  The information provided in the Content is general in nature, is selective and may not be complete or suitable for your intended use. 

 

2.7. Access to and use of any data sheet contained on the Website is subject to these Terms and Conditions and subject to any terms (including, without limitation, any specific disclaimers or any general disclaimers) contained on the data sheet.

 

2.8. Whilst FRAMECAD® endeavours to tell you about changes to its products or services, FRAMECAD® is entitled to modify or discontinue the provision of any or all products or services (or any of them) at any time without notifying you and shall not be liable to you or any third party for any termination of any products or services.

 

2.9. For the purposes of this Website the term “Content” shall include all content contained on the Website from time to time.  Such material may include, but shall not be limited to, audio, video, text and text elements (including, but not limited to, specifications, data sheets, manuals, consumables, general information, products and solutions, specifications, special offers), images (including, but not limited to, logos, graphics, illustrations, designs, icons, and photographs), downloads, buttons, source code, site design, structure, layout and distribution as well as the selection, assembly and arrangement thereof and any analysis FRAMECAD® may make of any such material or data.

 

3. Use of Website

 

3.1. Use of the Website is for your personal, non-commercial use only.  If you wish to make commercial use of the Website, you must enter into an agreement with FRAMECAD® to do so in advance. Please contact us for more information.

 

3.2. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

3.3. If an individual, you warrant to FRAMECAD® that:

 

3.3.1. you are not younger than the greater of the age of 18 years; or the age at which a person may lawfully able to enter into commercial arrangements of the nature proposed in this Website in the location in which you are present (Age); and

 

3.3.2. the name, address, mobile phone number, gender, age and all other information you supplied to us when opening or later updating your account are correct.

 

3.4. If representing a company, you warrant to FRAMECAD® that:

 

3.4.1. you are authorised to enter into binding legal obligations on behalf of the company; and

 

3.4.2. the company has the right, power and authority to execute and deliver, and to exercise its rights and perform its obligations under these Terms and Conditions and any contract formed as anticipated by these Terms and Conditions.

 

3.5. By agreeing to the Terms and Conditions you authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm the facts warranted under this clause 3. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us.

 

3.6. FRAMECAD® controls and operates this Website from its headquarters in New Zealand and makes no representation that the products or services or the materials on the Website are appropriate or will be available for use in all locations.   If you use this Website or the products or services from outside New Zealand, you are entirely responsible for compliance with applicable local laws.   Without limiting these Terms and Conditions, you agree to comply with all applicable laws regarding access to and use of the Website, the transmission of data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.

 

3.7. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.  You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Content on the Website in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed materials and cease using the Website.

 

3.8. You must not:

 

3.8.1. Republish Content from the Website (including republication on another website);

3.8.2. Sell, rent or sub-license Content from the Website;

3.8.3. Show any Content from the Website in public;

3.8.4. Reproduce, duplicate, copy or otherwise exploit Content on the Website for a commercial purpose;

3.8.5. Edit or otherwise modify any Content on the Website; or

3.8.6. Redistribute Content from the Website except for Content specifically and expressly made available for redistribution.

 

3.9. Where Content is expressly made available by us for redistribution, it may only be redistributed within your organisation.

 

3.10. You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this section.

 

3.11. FRAMECAD® has the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.  FRAMECAD® may also at any time, at its sole discretion, discontinue the Website (or any part thereof) without prior notice and shall not be liable to you or any third party for any termination of your access to the Website.

 

4. Links to Third Party Websites

 

4.1. The Website may include links to third party websites that are controlled and maintained by others.  Accordingly, FRAMECAD® cannot accept any responsibility for the materials or offers for services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that FRAMECAD® is not responsible for the content or availability of any such sites or for the continued functionality of the link.

 

4.2. Please note that any goods or services supplied or made available through websites which are linked to the Website are supplied by third parties and not by FRAMECAD® (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party.  You agree not to hold FRAMECAD® liable for any loss or damage of any kind incurred as the result of any such dealings.

 

5. Disclaimers and limitation of liability

 

5.1. The nature of internet communications means that the Website may be susceptible to data corruption, interception, non-availability and delays.  The Website may also be unavailable from time to time due to repairs, maintenance or development work.  You agree that FRAMECAD® has no obligation to provide support for the Website.

 

5.2. Use of the Website is at your own risk.  The Website is provided on an “as is” and “as available” basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.  FRAMECAD® makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

 

5.3. To the extent permitted by law, none of FRAMECAD®, its directors, employees or other representatives, will be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your use of the Website or your review of any content on the Website, whether caused by negligence or otherwise.

 

5.4. If you are dissatisfied with the Website or any Content on it, your sole exclusive remedy is to discontinue your use of it.

 

5.5. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Terms and Conditions.   

 

5.6. No warranties, representations or undertakings are given or implied by or on behalf of FRAMECAD® in relation to any Content on the Website.     

 

5.7. To the extent that such liability cannot be limited by applicable law, nothing in these Terms and Conditions or in any contract formed as anticipated by them shall exclude or restrict FRAMECAD®’s liability in respect to fraudulent misrepresentation; or any other liability which cannot be limited by applicable law.  Except to the extent permitted by applicable law, these terms are to be modified to the extent necessary to give effect to that intention.

 

5.8. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  You may also have other rights that vary from jurisdiction to jurisdiction.

 

6. FRAMECAD®’s remedies

 

6.1. You agree that any unauthorised use of our Website, and/or any related materials as a result of your negligent act or omission would result in irreparable injury to FRAMECAD®. 

 

6.2. No particulars, statements or descriptions, in whatever form provided by FRAMECAD® concerning the products or services of FRAMECAD®, nor any verbal representations by any agent, employee or representative of FRAMECAD®, shall form part of the Terms and Conditions or be treated as constituting a representation on the part of FRAMECAD®. 

 

6.3. Without limitation to any other rights FRAMECAD® may have, you agree to indemnify and hold FRAMECAD® harmless from and against any breach by you of these Terms and Conditions, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by FRAMECAD®, or an affiliate of FRAMECAD®, in consequence of your breach of these Terms and Conditions.

 

7. Confidentiality

 

7.1. Subject to clause 7.2, the user will treat as strictly confidential (A) all information received or obtained as a result of accessing the Website, receiving products or services from FRAMECAD® or otherwise relating to FRAMECAD®, (B) the subject matter and provisions of the Website and these Terms and Conditions, and (C) any negotiations between the parties.

 

7.2. The user may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of the user, or (C) FRAMECAD® has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with FRAMECAD®. 

 

8. Trademarks and copyright

 

8.1. The Content of this Website is protected by copyright.  No part of this Website may be reproduced or adapted in whole or in part without FRAMECAD®’s prior written consent.  You may download one copy of any Website document on any single computer for your personal non-commercial use, and may print hard copies for non-commercial use, provided you retain all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of FRAMECAD®'s copyright and other proprietary rights

 

8.2. The user shall not commit any act which causes or may cause damage or loss to the reputation of FRAMECAD® or harm the trademarks FRAMECAD®, the FRAMECAD® logo, FRAMEMASTER, the FRAMEMASTER logo and FRAMECAD Care or any other trademarks owned by FRAMECAD® or an affiliate of FRAMECAD® (Trademarks).

 

8.3. The user shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the products or services of FRAMECAD® or belonging to or developed by or for FRAMECAD®, and shall indemnify FRAMECAD® for any loss or damage which may be suffered by FRAMECAD®, or an affiliate of FRAMECAD®, as a result of any breach of any undertaking contained in this clause.

 

8.4. FRAMECAD® or our licensors own the domain names for the Website and all intellectual property rights in the Website and the Content on the Website.   Subject to the limited licence rights contained in clause 3.7 or any limited licence rights contained in any Service Terms (as defined in the MyFRAMECAD Terms and Conditions) or in the MyFRAMECAD Terms and Conditions, all these intellectual property rights are reserved.  

 

9. Other provisions

 

9.1. The user may not assign any of its rights under these Terms and Conditions without the prior written consent of FRAMECAD® and no variation of the Terms and Conditions is effective unless agreed in writing by FRAMECAD®.

 

9.2. FRAMECAD® may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and Conditions to a  third party.

 

9.3. If any provision of the Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

 

9.4. Neither the failure to exercise nor any delay in exercising any right under the Terms and Conditions shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.

 

9.5. These Terms and Conditions and any document expressly referred to in them (including, without limitation, and as applicable, the MyFRAMECAD Terms and Conditions, the Service Terms (as defined in the MyFRAMECAD Terms and Conditions) and the Privacy Policy) represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

 

9.6. Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a partnership between FRAMECAD® and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.

 

9.7. No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions provided that all rights of FRAMECAD® under these Terms and Conditions shall extend (as determined by FRAMECAD®) to all its affiliates, successors, assigns and licensors.

 

9.8. If you wish to communicate with FRAMECAD®, please email us at www.framecad.com/en/contact-us/

9.9. These Terms and Conditions are governed by, and construed in accordance with, the laws of New Zealand and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.  This clause will survive any expiry, cancellation or termination of these Terms and Conditions for any reason.

 

 

These Terms and Conditions were last updated on: 21 January 2014.

 

© 2014 FRAMECAD Limited.  All Rights Reserved