Archify is a service offered to the architecture, engineering and construction community in Indonesia by BCI New Zealand Pty Ltd (referred hereafter as ‘we’, ‘us’ or ‘our’). Archify provides a mobile application and web-based platform for design collaboration, information and inspiration. The subscription services offered in this agreement include (1) visible placement of the products of the Subscriber (referred to hereafter as ‘you’ or ‘your’) on the platform; (2) selective interaction with other users on the platform; (3) access to analytics data regarding your placed products on the platform (together referred to hereafter as ‘Services’). The specification of the Services (subscription package level, etc.) you have ordered are set out on page 1 of this Agreement.
This Agreement describes your legal rights and obligations with regards to the use and provision of the Services. This Agreement constitutes the entire agreement between you and us. Use of the Services is subject to your acceptance without modification of the terms and conditions contained herein. By assessing and using the Services, you agree that you have read, understood and agree to be bound by our terms and conditions and to comply with all applicable laws, rules and regulations.
A subscriber is any entity who has submitted a legally binding order to us and is approved by us to utilize the Services. As a Subscriber to our Services you represent and warrant that all information submitted on page 1 of this agreement is true, accurate and complete, and you undertake to notify us of any change in your information. Upon receipt of your payment of the Services, we will deliver services as described on page 2 of this agreement. You will be sent an email containing your confidential password, such password to be used as directed by us. The subscription begins with the subscription start date on your signed order form and is binding until it is terminated as set out in Section 8 of this agreement.
You are prohibited from using any mechanism, device, software, script or routine on the Services or our Web Site, including, but not limited to (1) taking any action that places an unreasonable burden or excessive load on our system(s); (2) infecting the Services and/or the Web Site with any computer programming routine (e.g.: any virus, worm, timebomb, cancelbot or Trojan horse) that may damage, interfere with, delay, intercept the operational performance of the Services and/or the Web Site. You shall take all necessary precautions to keep your password and account confidential. At all times you are responsible for all uses of your password and account whether or not actually or expressly authorised by you. If you believe your account and/or password have been misused or compromised in any manner, you undertake to contact us immediately.
You acknowledge that content, including but not limited to date, text, software, music, sound, photographs, video, graphics or other material contained in any form including but not limited to advertisements or commercially produced information presented to you through the Services by us, or our advertisers or other content providers, is protected by copyright, trademarks, service marks, trade secrets, patents, database rights, moral rights, publicity rights, confidentiality or other proprietary rights and laws. You acknowledge that you shall use the Services for your own information needs only. You may not further copy, modify, edit, reproduce, create derivative works or materials, republish, upload, post, transmit or distribute in any way the content available through the Services, including code and software for any party not directly associated with you or your company.
You understand and agree that all the Services are provided on an ‘as is’, and ‘as available’ basis. While we shall always endeavour to provide the Services at the highest quality level, you understand and agree that: (1) the use of the Services is solely at your risk; (2) any material purchased and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk; and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We, our subsidiaries, associates, related corporations, business partners, affiliates and employees make no representations or warranties of any kind, either express or implied, including but not limited to results obtained by you or any other person or entity from the use of the data, information or opinions provided through the Services, warranties with respect to title, suitability, satisfactory quality or warranties regarding fitness for a particular purpose or use in respect of any of the materials and/or information made available through the Services.
We, our subsidiaries, associates, related corporations, business partners, affiliates and employees make no representation, endorsement or warranty of any kind whatsoever about the Services, including advertisements supplied by the respective advertises and their creditworthiness. We, our subsidiaries, associates, related corporations, business partners, affiliates and employees shall not be liable for any loss (including loss of profits, revenue, economic loss and lost savings), cost, claim, liability, expense, demand or damage (whether in tort, contract or otherwise and whether direct, indirect, incidental, special, punitive or consequential) arising out of or sustained by reason of:
your or any third party's use, inability to use or misuse of the Services;
any disclosure (inadvertent or otherwise) of any information concerning you or your particulars or for any error, omission or inaccuracy with respect to any information disclosed; or
any loss of information howsoever caused whether as a result of any interruption or suspension of the Services or otherwise, or for the contents, security, currency, accuracy or quality of information available, received or transmitted through the Services, even if we or any of our authorised representatives has been advised of the possibility of such damages, or for any claim by any other person whatsoever.
You shall indemnify and hold us harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract, or otherwise) whatsoever (including without limitation claims made by third parties and claims for defamation, wrongful disclosure of information, breach of confidence, infringement of intellectual property rights, breach of contract, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses however arising) which we may sustain, incur, suffer or pay arising out of, in connection with or pursuant to these terms and conditions whether authorised or not authorised of the use of the Services or Materials contemplated by these terms and conditions by our or any act or omission of you thereof.
Unless otherwise expressly stated, these terms and conditions creates no agency, partnership, joint venture or employment and neither you nor your agents have any authority to bind us in any respect whatsoever.
We reserve the right in our sole and absolute discretion to terminate or suspend your account and your right of access at any time, if we learn that you have provided us with false or misleading information in this Agreement, or other information, interfered with other users or the administration of the Service, or breached or attempted to breach the terms or conditions of this Agreement.
The Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any interpretation of its content, claims or disputes (of whatever nature and not limited to contractual issues) shall be subject to the exclusive jurisdiction of the New Zealand Courts. By using this service, you consent to the exclusive jurisdiction of the New Zealand Courts.
The terms and conditions herein constitute the entire Agreement between the parties and supersede and replace all prior contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions. Headings are used in this Agreement for convenience only and are not to be relied upon. Our failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver or our right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement must be made in writing and signed by an authorised representative of ours specifically referencing this Agreement and the provision to be waived.