TERMS AND CONDITIONS

1. Welcome! These are our terms ("Terms")

1.1 Cadimage is an architecture software solution (and associated websites) offering a range of ArchiCAD tools, objects and training features provided by Central Innovation ("us", "we") at www.cadimage.com, blog.cadimage.com and www.mycadimage.com ("Cadimage").

1.2 These Terms apply to your use of Cadimage and any free trial of Cadimage. By accessing Cadimage, the person or organisation entering into these Terms as a user of Cadimage, together with all individual users accessing Cadimage on that person's behalf (together, "you") accept and agree to be bound by these Terms, and you confirm that you have authority to bind any business on whose behalf you use Cadimage. If you do not accept these Terms, you should not use Cadimage.

1.3 Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. You should read our Privacy Policy carefully.

2. We can amend these Terms

2.1 We can amend these Terms at any time. Amendments will be effective immediately when posted on Cadimage at http://www.cadimage.com/Company/terms-conditions. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Cadimage, you agree to be bound by the Terms as amended (whether or not you have received any amendments).

3. How you should use Cadimage

3.1 You agree to only use Cadimage in a way that complies with these Terms and all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of Cadimage.

3.2 Without limiting clause 3.1, in particular, you agree not to:

(a) damage or harm Cadimage, or any underlying or connected network or system;
(b) use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Cadimage or content featured on it for any purpose; introduce any viruses, content or code to Cadimage that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Cadimage, such as a denial of service attack;
(c) use Cadimage to do anything unlawful, misleading, malicious, or discriminatory;
(d) facilitate or encourage any violations of these Terms;
(e) upload or post any content on Cadimage (or use Cadimage to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable;
(f) send or otherwise post unauthorised commercial communications (such as spam) on Cadimage;
(g) engage in unlawful multi-level marketing, such as a pyramid scheme on Cadimage;
(h) solicit log in information or access an account belonging to someone else;
(i) bully, intimidate, threaten or harass any user/member of Cadimage;
(j) access all or any part of Cadimage in order to build a product or service which competes with Cadimage or any of our other products or services;
(k) offer any contest, giveaway, or sweepstake on Cadimage without obtaining our prior written permission. If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws, or attempt to do any of the above.

3.3 You agree to use all reasonable endeavours to prevent any unauthorised access to, or use of, your Cadimage account and, in the event of any such unauthorised access or use, shall promptly notify us.

3.4 We are not obliged to monitor your use of Cadimage (including any comments made on, or content posted or uploaded to, Cadimage). However, we may remove, modify or decline to publish comments or content, if we, in our sole discretion, consider them to be inappropriate or consider that they otherwise breach these Terms.

3.5 You are responsible for all activity resulting from your use of Cadimage. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of Cadimage.

3.6 Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:

(a) limit your activities on Cadimage;
(b) issue a warning to you;
(c) suspend or cancel your access to Cadimage; and/ or
(d) co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms.

4. Cadimage account term and Fees

4.1 You may access and browse Cadimage without creating an account. However, if you wish to access and use certain content (such as certain ArchiCAD content) then you must create an account.

4.2 Subject to any Free Trial Period, the term of your Cadimage account commences on the date that you register an account to use Cadimage and provide us with your credit card details for payment of the applicable Fees. Your account will automatically renew (subject to clause 4.3) - and your credit card will automatically be charged - on a monthly or annual basis (as selected by you), unless and until these Terms are terminated by either party in accordance with clause 8.

4.3 The fees charged for having an account are as set out at http://www.cadimage.com/pricing ("Fees"). To register an account (other than for a free trial), you must provide us with a valid credit card number. Fees are automatically charged to your credit card in advance on a monthly or annual basis (as selected by you) and are non-refundable. If payment cannot be taken on the billing date, we will attempt to take payment from you again five (5) days later. If payment can still not be taken, we may immediately cancel your account in accordance with clause 8.3.

4.4 All payments required under these Terms shall be made without set-off or deduction for any claim you may have against us in connection with Cadimage or these Terms. Without prejudice to any other right or remedy we may have, all outstanding money owed to us will carry interest on daily balances until paid at a rate of interest per annum equal to two percent (2%) higher than the ANZ Bank commercial overdraft bank rate (monthly charging cycle).

4.5 Fees are subject to change at any time, however we will give you 30 days' notice of Fee changes by posting changes on Cadimage at http://www.cadimage.com/pricing. We will not be liable to you or any third party for any changes to Fees.

4.6 Fees exclude NZ Goods and Services Tax (GST) which will be added (where applicable) at the applicable current rates. You are responsible for payment of any taxes, levies or other similar payments required in your jurisdiction, and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any tax or levy, and any penalties and/or interest.

4.7 The name that will appear on your credit card statement is Central Innovation

4.8 Please note additional charges may be incurred depending on your card suppliers terms and conditions.

5. Your free trial

5.1 If you carry out a free trial of Cadimage, the free trial will begin on the day that your account is registered and it will end 30 days later (the "Free Trial Period"). At the end of the Free Trial Period, you will need to provide a valid credit card number in order to continue to use Cadimage.

6. Your account information

6.1 You warrant that you have provided complete, accurate and current personal information such as your full legal name and email address when registering for an account ("Account Information") and you agree to maintain and promptly update your Account Information to ensure it is kept current at all times.

6.2 We will take reasonable precautions to keep your profile secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your username, password and session-specific codes generated by your hardware device to process actions or requests you submit to Cadimage and that we may do so without further enquiry.

6.3 You agree to keep your log in details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation. 6.4 You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your account without your consent or if you would like to report disclosure of your Account Information, please contact us.

7. You can downgrade your account

7.1 You can downgrade your account (for example, from Cadimage Tools Premium to Cadimage Tools Professional) at any time by going to http://www.mycadimage.com and selecting My Account - Tool Subscriptions - Change Plan and following the steps. The downgrade will become effective from your next monthly or annual billing date. No refunds will be paid in respect of any unused portion of any higher account offering.

7.2 Downgrading your account may cause the loss of content, features or capacity of your account. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, content, features or capacity.

8. We can both cancel your account

8.1 You can cancel your account at any time by going to http://www.mycadimage.com and selecting My Account - Tool Subscriptions - Cancel Your Subscription and following the steps.

8.2 If you cancel your account before the end of your current prepaid month or year, your cancellation will take effect at the end of the applicable prepaid period and you will not be charged again. Cancellation by you is not effective unless and until no money is owing on your account.

8.3 We reserve the right to decline to register, suspend, or cancel your account and your use of Cadimage:

(a) immediately on written notice if we consider (in our absolute discretion) that you have breached any of these Terms and you fail to remedy the breach with five (5) days of receiving notice requiring the breach to be remedied; or
(b) immediately on written notice if we're unable to take payment from you, in accordance with clause 4.3. If you have registered under multiple aliases, all of these aliases will be disabled. If we suspend or cancel your account, you must not create another one without our prior approval. No refund or other credit is payable to you on cancellation unless we agree otherwise.

8.4 Upon cancellation of your account:

(a) any outstanding amounts due by you to us will become immediately due and payable;
(b) we will cease to provide access to, and you will cease to have any entitlement to, your Cadimage account; and
(c) all of your data and content may be deleted from our systems immediately upon cancellation. This content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

8.5 You agree that you cannot transfer, sell, lease, lend or trade your account, or assign or sub-contract any of your rights or obligations under these Terms, without our prior written consent.

9. We own Cadimage, you own your content

9.1 We (and our licensors or suppliers, as the case may be) own all intellectual property rights (including copyright, database, trade mark, design, patent and rights over confidential information, trade secrets and know how) existing in Cadimage, including all of the content of Cadimage (such as text, graphics, logos, icons and sound recordings), all newsletters or other information which you subscribe to receive from us, all software code underlying and forming part of Cadimage and any improvements, enhancements, modifications or adaptions to Cadimage.

9.2 If we provide software to you via your account, then subject to your compliance with these Terms (including, for avoidance of doubt, the payment of Fees), we grant you a non-exclusive licence to install and use that software for as long as you maintain your account.

9.3 Unless you have received our prior written permission (which we may give or withhold in our absolute discretion), you agree not to, and will not permit or encourage any third party to:

(a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Cadimage; or
(b) commercialise, copy or on-sell any information or materials obtained from us or any part of Cadimage.

9.4 We do not claim ownership of any intellectual property rights in relation to the information or content that you upload to Cadimage or create using our software, however you agree to grant us a non-exclusive, worldwide, sub-licensable, transferable and royalty free licence to use, copy, retain, reproduce, distribute or disclose it for the purposes of operating Cadimage and as otherwise set out in our Privacy Policy from time to time.

10. Suspect intellectual property right infringement is occurring on Cadimage?

10.1 We take intellectual property rights very seriously and we expect you to do the same. You warrant that any content you upload to Cadimage does not contain anything which breaches any obligations of confidentiality or proprietary rights of any third party and that you own any intellectual property rights in such content. Before you submit content to Cadimage, you must ensure that you hold the copyright or are otherwise licensed or authorised to use that content.

10.2 We will investigate all notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Cadimage, please contact us.

11. We welcome your feedback, but you won't get intellectual property rights as a result

11.1 We welcome your feedback and ideas on how to improve Cadimage. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.

12. Cadimage links to other services, websites and apps

12.1 Cadimage may enable you to access other applications and websites. Even though these applications and websites are accessible through Cadimage, they are not owned and controlled by us. Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.

12.2 Your use of and access to third party applications and websites will be governed by their terms and conditions and privacy policies. When accessing a third party website or application, we recommend that you read their terms and conditions and privacy policy.

13. Cadimage might not always be perfect

13.1 Cadimage is provided on an "as is" and "as available" basis and use of it is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Cadimage, however there may be times when Cadimage is inaccessible.

13.2 From time to time, we may issue an update to Cadimage which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.

13.3 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that:

(a) Cadimage will meet your specific requirements;
(b) Cadimage will be uninterrupted, timely, secure, or error free;
(c) the results that may be obtained from the use of Cadimage will be accurate or reliable;
(d) the quality of any products, services, information or other material purchased or obtained by you through Cadimage will meet your expectations; or
(e) any errors in Cadimage will be corrected.

13.4 We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Cadimage.

13.5 We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Cadimage. The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

13.6 In any event, you agree that the total liability of Cadimage under these Terms will not exceed NZ$100 in any circumstances.

13.7 We will not be liable for any delay or failure to perform our obligations in connection with these Terms if such delay or failure is due to force majeure or events outside our reasonable control.

14. Disputes

14.1 Except to the extent you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of disputes that arise between you and another user.

14.2 If you wish to notify us of any dispute you have with us, please contact us.

15. This is a legal agreement, so some general provisions apply

15.1 These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

15.2 These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of Cadimage.

15.3 If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.

15.4 We reserve the right to transfer, assign, novate or sub-contact any or all of our rights or obligations under these Terms to third parties.

15.5 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.

15.6 The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.

16. Contact us

16.1 If you have any questions about these Terms, the practices of Cadimage, or if you would like to give us feedback or notice, you can contact us in the following ways:

CENTRAL INNOVATION

Address: Level 3 Air New Zealand Building, 74 Taharoto Road Smales Farm, Takapuna, Auckland, New Zealand
Postal Address: PO Box 31-800, Milford, Auckland, New Zealand
Email:info@cadimagegroup.com
Phone: +64 9 489 3235

Any notices provided under these Terms shall be deemed to be received at the time of sending, unless sent outside normal business hours (being 9.00am to 5.00pm (NZ time) Monday to Friday excluding public holidays in New Zealand and the business days that fall between Christmas and New Year) in which case they shall be deemed to be received at 9.00am (NZ time) on the next business day.