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Ezi360TM Bike Storage Planner
Ezi360TM Bike Storage Planner
Terms of Use
- BIKE STORAGE PLANNER TERMS OF USE
- The Ezi360™ Bike Storage Planner is an online bike rack storage planning tool to assist architects, planners and other users to design and plan optimised bike storage spaces.
- The Bike Storage Planner is provided by Classic Architectural Group Pty Ltd (ACN 605 804 064) (CAG) and made available on the https://classic-arch.com/ website (CAG Website).
- All use of the Bike Storage Planner is governed by these Terms of Use between CAG and you as the user. By using the Bike Storage Planner you acknowledge and agree that you have read and understood these Terms of Use and agree to be bound by them. It is important for you to familiarise yourself with the contents of the Terms of Use (which may change from time to time).
- If you have any questions regarding these Terms of Use, please contact us at info@classic-arch.com to discuss them before you begin or continue to use the Bike Storage Planner.
- WHAT YOU CAN AND CANNOT DO WITH BIKE STORAGE PLANNER
- The Bike Storage Planner can be used to design and generate plans for optimised bike storage spaces (Plans), based on the information, specifications, measurements and requirements which you input (Specifications), in accordance with these Terms of Use.
- The Bike Storage Planner or any Plans cannot be used:
- to reverse engineer, copy, reproduce, modify, edit, and/or manipulate the Bike Storage Planner, including any software, computer program, software extensions, software plug-ins, software add-ons, metadata, algorithms, software scripts, fonts, web design templates, web themes or similar material used for the Bike Storage Planner;
- to do anything which infringes or is likely to infringe the Intellectual Property Rights (as defined in clause 3.1) of CAG;
- in any way that falsely represents that you or a person other than CAG is the creator, author or owner of the Bike Storage Planner or any Plans, either expressly or by implication;
- in any way that represents that you have a connection or affiliation with CAG (save for attribution in accordance with clause 5);
- to engage in conduct that is or could reasonably be considered to be in breach of confidence or in breach of any privacy laws, brings CAG into disrepute, or infringes the rights (including Intellectual Property Rights) of any person; or
- in relation to or as part of any machine learning or artificial intelligence.
- You must not authorise or assist any associated entities or third parties to do any of the acts in 2(a) to 2.2(f) above.
- You may only use and access the Bike Storage Planner for the purposes that are expressly permitted by these Terms of Use and in accordance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- INTELLECTUAL PROPERTY RIGHTS
- In these Terms of Use, Intellectual Property Rights means any and all rights in respect of or comprised in any inventions (including patent), copyright (including future copyright and rights in the nature of or analogous to copyright), design, trade mark, eligible layout or similar right whether conferred by statute or borne of common law, and rights to protect trade secrets, know how or confidential information, throughout the world, whether such rights are afforded protection by a system of registration or not, and includes all rights to apply for registration of such rights where applicable and rights to bring associated causes of action in passing off or contravention of the Australian Consumer Law or equivalent causes of action.
- CAG owns all Intellectual Property Rights in the Bike Storage Planner and Plans, including any improvements, alterations or modifications.
- Ezi360 is a trade mark of CAG. You agree not to use the Ezi360 trade mark or any other trade marks of CAG or its associated entities (or any other trade marks that are substantially identical or deceptively similar) unless it is for the sole purpose of attribution in accordance with clause 5.
- LICENCE
- CAG grants you a non-exclusive, worldwide, revocable Licence to reproduce and use any Plans generated using the Bike Storage Planner from your Specifications for the specific Permitted Purposes set out in clause 2, subject to these Terms of Use.
- The Licence granted in clause 1 allows you to use the Plans to:
- request a quote with CAG or its associated entities for Classic Bike Rack or other products;
- place orders with CAG or its associated entities for Classic Bike Rack or other products;
- create architectural plans for, seek planning or regulatory approval for, and build corresponding bike rack storage spaces;
- provide a copy of the Plans to third parties for the purpose of (a) to (c) above; and
- do any other act for which CAG has provided express written permission.
- The Plans cannot be used for any purpose other than the Permitted Purposes.
- ATTRIBUTION
- When using any Plans in accordance with the Licence granted in clause 1, the Plans must be clearly and appropriately attributed to CAG, wherever it is possible and reasonable to do so.
- You must not remove any CAG name, trade mark or disclaimer from the Plans.
- THIRD PARTY LINKS
- From time to time, the CAG Website and the Bike Storage Planner may contain links to third party websites, advertisements, products and services. CAG does not endorse, sponsor, approve, sanction, countenance or assume any responsibility for any such websites, content or information linked to from the CAG Website or the Bike Storage Planner.
- PRIVACY
- CAG takes your privacy seriously and any Specifications or other information provided through your use of the Bike Storage Planner will be handled in accordance with our Privacy Policy, which is available at https://classic-arch.com/privacy-policy/.
- LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
- The Bike Storage Planner is subject to change without notice to you and may not necessarily be up-to-date or accurate at the time you view it. You acknowledge and agree that CAG retains complete editorial control over the Bike Storage Planner and may alter, amend or cease the operation of the Bike Storage Planner at any time in its sole discretion. If you need to rely on any information from the Bike Storage Planner, you should make enquiries with CAG directly to ensure the currency of that information.
- CAG is not obliged to operate the Bike Storage Planner on a continuous basis and the Bike Storage Planner may be unavailable from time to time, including for maintenance purposes or due to force majeure events, including without limitation equipment failure or shortage.
- You are solely responsible for accuracy and completeness of any Specifications.
- To the extent permissible under law, CAG gives no warranties, either express or implied, regarding the Plans or other information made available to you through the Bike Storage Planner, including without limitation that any Plans are or will be fit for any particular purpose, in compliance with any applicable standards, or not infringing third party Intellectual Property Rights or other legal rights. You are responsible for checking that Plans or other information made available to you through the Bike Storage Planner comply with any applicable standards.
- To the extent permitted by law, CAG is not responsible for any damage caused directly or indirectly by your reliance on the Bike Storage Planner or any Plans. CAG’s liability is limited to any liability which cannot be excluded by law.
- To the extent permitted by law, you indemnify and hold harmless CAG from and against any loss, damages or costs suffered or incurred by, or any claims, demands, actions, proceedings or prosecutions which may be brought, commenced or prosecuted against CAG as a result of your use of the Bike Storage Planner or any Plans. In the event you breach any of these Terms of Use or any other agreement with CAG, you indemnify and hold harmless CAG for any and all expenses that CAG may incur in connection with the breach, to the extent permitted by law.
- You must immediately notify CAG if you become aware of any threatened or actual claims against CAG in respect of the Bike Storage Planner or any Plan.
- GENERAL
- If any clause of these Terms of Use is invalid under any applicable law, the clause will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid clause will be deleted from the Terms of Use and the remaining clauses will remain in full force and effect.
- The waiver by any party of any right or entitlement or to claim in respect of any breach of these Terms of Use must be in writing signed by the party so waiving. A waiver will not preclude that waiving party from relying upon any such right or entitlement arising in the future or to claim in respect of any subsequent breach of these Terms of Use even if that future right, entitlement or subsequent is the same as that previously waived.
- The Licence, and any other rights granted to you under these Terms of Use, cannot be assigned without the prior written consent of CAG in its absolute discretion.
- These Terms of Use are governed by the laws applicable in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts situated in that State (including Federal Courts) and any courts of appeal from them.
