Legal Mentions

Purpose

The purpose of these General Conditions is to define the arrangements for the provision of the services of the BIM&CO website, presenting its ONFLY product, hereinafter referred to as “the Site”, and the Terms of Use of this Site by the User.

All access and/or use of the Site assumes the acceptance and respect for all of the terms of these Conditions; with this acceptance considered unconditional. They thus constitute an agreement between the Company and the User.

In the case whereby the User does not wish to accept all or part of these General Conditions, it is requested that he/she cease all use of the Site.

Legal Notice

The BIM&CO website is published and maintained by the company BIM AND CO SAS, with capital of €2,618,674 registered with the Le Havre Trade and Companies Register (RCS) under number 810 000 943, and with its head office located at Parc Eco Normandie 76430 Saint Romain de Colbosc – France. Telephone: +33(0)232 794 426.

The director of the publication is Mr Valentin MALEMANCHE, marketing manager

The hosting is provided by OVH: 2, rue Kellermann, 59100 Roubaix – France

Conditions of access to the services

Offered services

The site is a portal that presents the private Onfly library. The latter offers players within the field of digital modelling (architects, engineers, builders, property developers, site managers, etc.) the ability to manage all models, data, and documents relating to their BIM objects for their projects within a unique space, with the ability to grant profile-based access to their employees. Onfly allows them to find an object from their library more easily, to ensure the improved quality of their projects, to enrich their project data more simply, and to capitalise on the work carried out during their previous projects. The object data is harmonised – for structured and usable models. The site also presents additional features offered by BIM&CO.

Access to the services

The Site can be accessed, free of charge, by any User with Internet access. All costs related to gaining access to the Service, whether costs for equipment, software, or for access to the Internet, shall be borne exclusively by the User. He/she is solely responsible for the proper function of his/her IT equipment, and for his/her Internet access.

The Company puts in place all reasonable measures at its disposal to ensure quality access to the Site, but is under no obligation to do so.Furthermore, it cannot be held responsible for any malfunction of the network or servers, or any other event outside its reasonable control, which may prevent or impair access to the Service.

BIM&CO reserves the right to stop, temporarily suspend, or modify access to all or part of the Site, without prior warning, with a view to carrying out maintenance, or for any other reason, with the interruption providing no grounds for any obligation or compensation.

Registration – Personal Data

In order to receive information on ONFLY or to request quotations for services, the User must complete a form which involves the provision of personal data. To this end, he/she undertakes to provide accurate, up-to-date, and complete information, and to update this information as quickly as possible when necessary.

The user is hereby informed that, during visits to the site, cookies may be automatically installed on his/her browser.

With regard to their rights concerning their Personal Data, Users are invited to take note of the BIM&CO Personal Data management page  https://www.bimandco.com/en/privacy the content of which is an integral part of these General Conditions of Use.

Limits of liability

BIM&CO undertakes to do its very best to ensure that Users have access to the site at all times. However, the Company cannot be held liable in the event that the site should become unavailable, for whatever reason.

The user acknowledges that he/she has the competence and the means necessary to access and use the site, and acknowledges having verified that the IT setup used has no viruses and is in perfect working order.

BIM&CO does all it can to offer users available and verified information and tools, but cannot be held liable for errors or inaccuracies, for any lack of availability of information and/or for the presence of viruses or other software infections on its site.

BIM&CO does not grant Internet users any explicit or implicit gurantee with regard to the accuracy, the exhaustive nature, or the updating of the information contained in this site, or accessible via this site.

Furthermore, the Company under no circumstances guarantees that the information is adequate to meet the needs of the Internet user, and consequently cannot be held liable for any compensation for direct or indirect damage suffered by the Internet user as a result of their having viewed or used information acquired via the site.

The user thus acknowledges that he/she is using the information and tools available on the Site under his/her sole responsibility.

Intellectual property

The website https://www.onfly.io/, taken as a whole, as well as each element of which it consists (brands, logos, texts, audio, images, videos, animations, databases – list not exhaustive), are the exclusive property of BIM&CO.

The user has a right to the private, personal, non-collective, and non-exclusive use of this content. Subject to the copyright exceptions specified under Article L122-5 of the French Intellectual Property Code, any other use of the content requires the prior and express authorisation of BIM&CO, in particular in the case where the user plans to re-publish the content on another site. The violation of these mandatory provisions shall render the offender and any person liable to civil and criminal penalties under French law.

For any authorisation request, the User must contact the Company

Links to third-party websites

The Site offers links to other websites managed by Third Parties. Insofar as no control is exerted over these external resources, the User recognises that BIM&CO assumes no responsibility relating to the provision of these resources, and cannot be held liable with regard to their content or effects.

Amendments to the Conditions of Use

BIM&CO can make revisions to these General Conditions of Use at any time, by updating this document.

All modifications being published on this site, Users are therefore encouraged to check the General Conditions of Use from time to time, along with the updated Privacy Policy.

Applicable law and competent jurisdiction

These General Conditions of Use are subject to French law.

In the event of any dispute or litigation that may arise within the context of these General Conditions of Use, which cannot be settled amicably, the Tribunal du Havre (Court of Le Havre) shall have sole jurisdiction.