Legals: General Terms Of Use

General Terms of Use-Opoplan

For all users of www.opoplan.com

v6_ 30.June.2019

General

Please read the following Terms and Conditions (“Terms”) carefully before using the Opoplan website (“Website”). They contain important information regarding your legal rights, remedies and obligations.

These Terms are intended to cover use of Opoplan by any and all users. In addition to these Terms, Terms of Sale apply to purchasers and users of Opoplan design products and  and for professionals (subscribers or architects with whom Opoplan has a formal relationship), Commercial Terms and Conditions apply. All documents must be read and accepted.

The Opoplan Website www.opoplan.com and related services (including access, browsing, any interactive features, any social networking service, any mobile application, subscribing to any newsletter or updates
and any other service provided in this website hereinafter referred to as “the Website”) are made available to you in accordance with the following Terms and Conditions.

Opoplan is the trading name of BFLM Limited, a limited company, registered in Dublin, Ireland. The company registration number is 637167 .

Your use of the Website is subject to and signifies your acceptance of these Terms and Conditions and your agreement to be legally bound by and act in accordance with same. If you do not agree to any of these Terms and Conditions, you must stop accessing and using the Website and any services available via the Website immediately.

Opoplan may amend the Terms and Conditions at any time by publishing an amended or updated version of the Terms and Conditions on the Website and you agree to be bound by such changes. We do not guarantee
that the Website, or any content on it, will be free from errors or omissions

Definitions:

Parties

User

Any individual browsing, looking, reading, entering a brief, or otherwise using the Opoplan website for any
purpose whatsoever is termed a “user” hereunder.

Customer:

Any user using Opoplan website to create a design and purchase design products for a new home is a “customer” hereunder. There are two kinds of customers as follows:

Direct End Customer (DEC)

A user or customer that is unconnected to a subscriber and who uses Opoplans website independently is termed a “DEC” (direct end customer) or non subscriber.

Subscribers End Customer (PEC)-

A user or customer that accesses Opoplan via a subscriber (see below)’s website, invitation, links or other customer forwarding methods, reccomendationor reference and whose design will be acquired via the
subscriber is termed a “PEC” (professionals end customer).

Subscribers:

Custom home builders and local construction professionals (LCP), prefabricated or modular home manufacturers and other professionals who provide a service akin to designing and/or managing a construction sequence for end customers, who subscribe to Opoplan on a monthly or other recurring basis are called “subscribers” (or Pros / LCPs). In addition to the terms which affect all users of Opoplan, there are also separate Commercial Terms and Conditions for such subscribers.

Architects:

Architects who supply designs to be used as ‘seed’ designs by Opoplan are termed “architects” (or supplier architects and design authors). In addition to the terms which affect all users of Opoplan. There are also separate Commercial Terms and Conditions for such architects.

Professionals

The term Professionals herein can refer to local construction professional (usually local custom home builders) i.e. subscribers and/or architects (design authors) depending on the context.

Other Terms

The term “use” means any activities by a user (as defined above) on the Opoplan.com website

The term “Site” and “Website” hereunder refers to the www.opoplan.com website and all linked pages, subdomains, pages etc etc of it.

When these Terms mention “Opoplan ” “we,” “us,” or “our,” it refers to BFLM Ltd (Ireland) trading as OPOPLAN or www.opoplan.com.

The term “You” below refers to customers, or in some cases subscribers- as defined above.

The same word in both its capitalised and non capitalised forms shall be read and understood as being interchangeable where this makes sense hereunder.

Other Notices

These Terms refer to the following additional terms, which also apply to your use of Opoplan:
Our  Privacy Notice sets out terms by the we collect data and what we use it for.
Our  Cookie Policy sets out information about the cookies on our site.
Our Data Protection Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data
provided by you is accurate.

See our Terms Of Sale for conditions and provisions relating to purchasing of Opoplan products and services (including Subscriptions).

For custom home builders and local construction professionals who are subscribers please see the accompanying Commercial Terms –
Subscribers in the corresponding sections of the Opoplan Website

For Architects supplying design please also see the accompanying Commercial Terms – Architects in the corresponding section of the Opoplan Website.

Scope of Service:

Opoplan provides the following services (together the “Opoplan Service(s)” or “Service(s)”):

  • A design creation service for single family new homes (“Design Service”) including the taking and analysing of the customers brief, and creation of a personalized design solutions for each customer (a “design”) with the designs distributed in various product output formats (“products” or “outputs”).
  • A subscription service for LCP Subscribers (“Subscription Service” or “Subscription”). This service incudes the onboarding of, taking details from, setting up an Opoplan account for, creating white label or dedicated URL version of Opoplan for, managing subscriptions /plans of, and receiving payments from, LCP Subscribers.
  • A hosting service for architects who provides designs that are used as ‘seed’ designs as part of the Opoplan Design Service and for which the architect receives a share of the revenue earned (Hosting Service” or “Hosting”).

Any use of our Service(s) via the Website, is subject to these Terms and Conditions.

Contract and Services

How the Design Service Works

When a customer clicks on the Start Design button on the Website, they will be prompted to submit certain information (your personal brief) to Opoplan so that we can create a customised design to suit your
individual requirements.
By clicking on the Create Your Design, Input Your Brief and Lets Design (or/and similar buttons), you confirm acceptance of these Terms. Once the brief has been completed and submitted, you will then see a previ wof the design opopln has selected as  being closest to yoir brief and whih opopln will then customize to  become a better fit. Non subscribers will be invited to pay a small fee /deposit to begin this customization process.  Next you will be forwarded to, or receive an email with links to  a 3D Preview of the customized design(s) Opoplan has created for you. which you cn explore interactivley in 3 dimesnions in our 3D Explorer.  This allows you decide whether you wish to purchase one of the design(s) that Opoplan has generated for you or not in any of our design (output) formats /products. There is no obligation on you to purchase any design(s) or design product(s) at this point. However if you do not so within the session, then your brief inputs and the design(s) may be deleted and you may need to recommence the process from the beginning to create a design.

Opoplans portfolio of seed designs and our design creation system is constantly expanding and evolving so there is no guarantee that the exact same design will be available on a subsequent visit by you. You will,
subject to a payment, be able to extent the period during which your design remains available to view and, on further payment (see Purchasing Opoplan Designs), buy and download it/ them

Customers may acquire design prodcts in two different ways; Direct End Customers (DECs) pay for their design products immediately and receive them by direct download or via an email containing a download link.
Subscribers End Customers (SECs) pay using a token or coupon provided to them by their subscribing builder and receive the design products by direct download or via an email containing a download link or via the LCP subscriber (usually their builder) in question. The cost of their design products are usually paid by the subscriber LCP as part of their subscription and the end customer may subsequently be charged for the design by the LCP (at the discretion of the LCP under their own commercial terms to be agreed with you).

Some design products such as additionl or advanced design/ product sets  may not be included in the LCPs subscription and in this case the PEC has the option to pay and receive them in the same way a DEC does.

Purchasing Opoplan Designs

Please see Terms of Sale for provsison relating to the purchase of Services and Designs from Opoplan.

How the Subscription Service Works

For local construction professionals, normally custom home builders, Opoplan is available as a subscription service. A subscription usually starts with a demonstration (demo) by Opoplan and /or an initial free trial. At that time or at the end of the trial and the beginning of the subscription proper (see below), you will enter your payment details at our Payment Servces provider (currently Stripe  / Moonclerk.com).

You may then complete an onboarding process (if not carried out at the time of a trial) including submission to Opoplan of your information, construction preferences, company colours and brands (or logos), confirming and paying for your subscription plan and accepting these terms. Opoplan may then set up a special briefing system personalized to you and your comnay specific branding, and preferences and manages the option available to your end customers in various ways indicated in the Commercial Terms –Business Subscribers elsewhere. This comprise your subscriber account (“Account”) which may be terminated at any point.

Subscriptions and Designs

If a custom home builder or other local construction professional decides to subscribe to Opoplan or a trial ends and rolls over into a subscription, an order is deemed to have been placed for an Opoplan subscription service (subscription). The customer will receive an acknowledgement of the order, either directly online or by separate email from Opoplan or our Payment Srvcies provider (or both). This acknowledgement constitutes an acceptance of the order and the initiation of a contract between you and Opoplan. Opoplan will then complete your onboarding and set up your account on our system. Once this has been carried out, the order process is deemed completed. Subscription payments will then be deducted (paid by you) on a regular (usually monthly) basis until the plan term ends or/and you unsubscribe.

Becoming a subscriber to Opoplan entitles you to procure a given number of designs for your customers over a given period and to manage the content and format of those. The subscription is paid periodically (usually monthly) and there are limits to the number of design s and design products that can be ordered per period. See Commercial Terms- Business Subscribers for more detail on these aspects .

How The Hosting Service Works

Architects may apply to have their designs hosted on Opoplan. Their designs are submitted and once reviewed and accepted by Opoplan (usually confirmed by direct email), the architect is onboarded as a design author of Opoplan. The architect submits their information and an architects account is set up.

Bank account details for receipt of fees must be provided. The architect may specify certain restriction on use of their design as set out in the  Commercial Terms – Architects elsewhere.

The design is then modelled by Opoplan and input into our portfolio as a seed plan. Opoplans then uses it as the basis for the creation, using our design customisation software, of a customers individualised design
solution as part of our Design Service.

Once an architects design is utilised to generate a customers design solution, Opoplan becomes liable to pay the architect for the design according to the Payment Terms set out in the Commercial Terms – Architects (which also set out the position vis a vis liability and IPR ownership).

Terms of Sale -Pricing, Payment, Delivery

Please see the separate Terms of Sales for detail of procedures, rights and obligations relating to Purchase, Pricing, Payment, Delivery, Cooling Off and other provisions.

Trials

From time to time, we or others on our behalf may offer trials of our Design Services for a specified period without payment or at a reduced rate by you.

These trials may be Beta Trials (“beta trial”), a regular trials (a “Trial”), or both -together termed “trials”. Opoplan reserves the right, in its absolute discretion, to determine your eligibility for trials, and, subject to applicable laws, to withdraw or to modify trials at any time without prior notice and with no liability, to the greatest extent permitted under the law.

Customers may apply to join such trials, and if accepted, by Opoplan will become beta trial participants. During beta trials, the participants agree to use the Opoplan services relevant to them in the normal way and to give structured feedback to Opoplan at the conclusion of the trials.

In exchange for trialling Opoplan services in this way,
Opoplan may, if specified in the trial offer, grant participants designs and design products for free, or at a reduced price.

See also Trails for Professionals and Subscribers in Commercial Terms – Business Subscribers

Intellectual Property

Website

BFLM Limited (“Opoplan”) owns all rights, title and interest in and to the Opoplan Website and or its content and applications on the site. Such rights include but are not limited to rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to use for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, know-how, in each case whether registered or unregistered,
which subsist or which may in the future subsist (“IPR”). Where Opoplan does not own the rights it has a valid rights from a third party to use such material.

You may not copy, capture, delete or in any manner alter or retain or remove any text, copyright, trademark, and other proprietary rights notices appearing on the Opoplan Website or in any materials supplied to you in
connection with the Website.

You agree to abide by all access and use restrictions contained in any content made available to you through, or in connection with, the Opoplan Website.

The trademarks, trade names, designs, logos and service marks displayed on the Opoplan Website as well as the structure, layout, logic, sequencing, wording and imagery of the customer briefing system are the property of Opoplan or are being used under a valid third party licence.

You are not permitted to use these items and Marks without the prior written consent of Opoplan. You shall not refer to or attribute any information to Opoplan in any public medium or otherwise imply any endorsement by, or relationship with, Opoplan.

All seed designs by contributing architects (design authors) as well as all content, images, graphics, and other data stored on this website expressly stated as being from another source are hereby designated original material. This material may not be reused in any form, or for any purpose, without the consent of the owner.

You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the Opoplan Website. Any unauthorised modification, use or other act in respect of the
materials in the Opoplan Website is a violation of Opoplan’s IPR.

You acknowledge and agree that Opoplan shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Opoplan Website in
postings, survey responses, and otherwise, and you hereby waive any claims against Opoplan for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in
connection with Opoplan’s use and publication of such submissions.
Services

All plans and designs and related creative outputs (“Content”, “Designs”, “Outputs” or “Products”) emanating from Opoplan and the Website are owned by Opoplan or licensed from a third party and are therefore subject to copyright. Any unauthorised use, reproduction, sale, or transfer of such Designs or ancillary works constitutes a breach of intellectual property law and carries civil and criminal penalties.

Licence For Use – End Users

Copyright in all drawings and documents prepared as part of the Design Service shall remain the property of Opoplan (or /and the Architect design author of the seed design). Opoplan grants you a licence to use the Designs for a single house design (and /or building) project only, subject to payment in full of the purchase price (or in the case of a PEC, that the subscribers account is fully paid and in credit).

When you purchase a Design (including any design product) from Opoplan, you are granted a licence to use that Design for a single specific purpose as follows:

  • You may use the Design for a single use only in order to complete your new house project, any further use of the Design shall require our consent and the payment of an additional fee.
  • You shall not disclose the Design save to your local construction professional and/or local authority (/building permit department) in order to deal with applications for all necessary permits, consents or
    approvals.
  • Save as required to complete your project, you shall not otherwise disclose copy or make available to any third party the Design.
  • You understand that the Designs cannot be implemented without obtaining the appropriate advice and guidance of a local construction professional and without obtaining the necessary permits and consents from your local planning authority. You undertake to do this and to ensure that your local construction professional has the appropriate qualifications to fulfil your project and the associated public and professional liability insurance to cover any claims.
  • The licence prohibits any assignment, transfer or sub licencing by you in respect of the Design.
  • For professional subscribers, please also see Licences For Use – Subscribers in Commercial Terms-Business Subscribers

Suitability of Designs

While Opoplan will make every effort through the platform to customize the design to your needs based on the information you have inputted and the technology utilised to customise the Designs, You understand
and accept that:

  • Architectural design is as much art as science and it is not always possible to ensure that a customers requirements and desires whether explicit (stated by the customer in the briefing input) or implicit (ie
    analysed/detected by Opoplans design software) are fully met. In many situations requirements are in conflict and as with any design process, Opoplan attempts to determine the most important requirement and satisfy these or to achieve an acceptable optimisation of competing requirements.
  • Additionally Opoplans design process depends on the seed designs in our portfolio and our ability to closely meet the customers brief is related to  the  variety and quantity these seed designs. we are adding new seed design every week so opolns deisgn response sto custmes brief is constnatly improving.
  • It is up to the customer to decide whether the design solution(s) provided are acceptable and whether or not they wish to proceed to purchase them.
  • Opoplan cannot visited your plot/site but instead uses online mapping APIs and databases, as well as the briefing inputs you provided, to evaluate and understand it. Due to various limitations inherent in these processes, we may be unaware of local site variations, recent changes and specific conditions that pertain to it and our Designs cannot therefore guarantee to suit your plot/site.
  • We do not profess to be aware of permit or consent requirements that may impact on the suitability of the Design for your project. You therefore undertake not to utilize the Design without engaging a suitable professional, normally an engineer, to implement the Design.
  • Implementing the design comprises a suitably qualified local professional (usually an engineer) reviewing the potential limitations and considerations mentioned above and elaborating the technical aspects of the design to suit local conditions on your plot and in your locality and to suit your detail requirements.
  • Your professional will need to be an expert, in civil and structural engineering and will need to adapt the Design to deal with local conditions such as but not limited to;
    • load bearing capacity of the soil/ground,
    • foundation details, sewerage, drainage, water, waste treatment, engineering design and
    • calculations (of beams, columns and other structural members),
    • building permits/ consents, planning permissions and
    • potential seismic or other natural occurrences/risks that may affect the project.
  • Opoplan is not in any way liable to you in respect of any of these matters including the cost of engaging the appropriate professionals to implement the Design.
  • The Architectural Design set provided by the our Design Service as well as 3d Explorers, renderings, animations or 3D physical model files are intended to communicate an overall arrangement, layout and design. They may form part of an application set for permits, architectural review or to communicate the scope of the Design. However without further work (as outlined above) they are insufficient for building permit applications and do not constitute sufficient information for estimation or procurement.
  • They should under no circumstances be used on their own for construction.
  • The Builder Layout sets (aka Blueprint) provided by our Design Service comprises drawings and documents intended to provide further information to your local construction professional (usually your custm home the builder) and a greater level of detail together with any schedules, tables and reports provided. They do not however extend to our purport to be a full construction set capable of being used for procurement on their own, nor do they deal with any structural design /calculations, heating/plumbing/mechanical or electrical engineering requirements or drainage services. All of the above will be a matter for your professional and/or Engineer prior to permitting and construction. You should engage a professional with the appropriate qualifications, as well as (public
    liability and professional indemnity) insurances, to supply these detail services to professional standard. Final selection of materials, components, brands/manufacturers or building provisions, proper installation of all elements and components, structural stability, safety and weather proofing and all other details in relation to the construction project are you and /or your construction professional or builder, and Opoplan have no control over or responsibility in regards to such matters.
  • The Designs do not include architects or engineers stamps, seals or other certifications and will usually require modification in order to comply with local planning regulations, building regulations or codes.
    Any variation in sizes or types of materials or substitutions decided upon by you, your professional or builder may result in changes to some aspects of the Design, all of which will be your responsibility and all modifications and use of the Designs carried out by you, your professional other advisors or your contractor on your behalf is done solely at your own risk.
  • Responsibility of Customers, Builders and Professionals

For the avoidance of doubt, it is the customers responsibility to:

  • appoint a local professional to carry out the above structural and engineering designs, including
    applying for and receiving all required permits and approvals, before commencing construction and to
  • appoint a competent contractor (builder) to plan, manage build, complete and commission your new house (see below also).

Normally this should be done using a formal construction contract on which both parties should be legally advised. If you are using Opoplans services via a local custom home or other builder r construction professional who is an Opoplan subscriber, that subscriber is normally your contractor. It is the contractors, or in the event there is no contractor the customers, responsibility, subject to the abovementioned construction contract, to:

  • check the plans and drawings prior to construction to verify all dimensions and details for overall
    accuracy appropriate to the local conditions and site.
  • ensure that any and all construction work (including demolition) is compliant with local ordinances, regulations, building codes and the granted permits or approvals/consents.
  • liaise with the customer on choice of components (windows, doors, stairs, balustrades/, railings, materials, finishes, furnishing and landscape (hard and soft).
  • follow best construction practice as required and legislated for in the specific project locality such that the customer receives a legally compliant, structurally sound, weather proof, comfortable and safe
    house built and finished to modern standards.
  • manage the building process professionally including; adhering to any condition set out in granted permits or consents, safety and health (of public, neighbours, workers and the customer ) on, in and near the project site, arranging inspections required by local authorities, managing relationships with neighbours regarding construction operations affecting them, managing the general operations, processes and sequences of building, managing the selection and management of subcontractors or
    suppliers as required and ensuring all materials equipment, components are fit for purpose.
  • You the customer accept that the decisions taken before and during construction by the contractor, and you, as to exact components, building systems and details of the construction may change the appearance, size and relationship of elements of the design. This is considered to be normal and in no way deficient by Opoplan.

Rights You Grant Opoplan

In consideration for the rights granted to you under the Terms, you grant Opoplan the following rights;

Advertising Marketing and Promotion

You grant Opoplan the right to provide advertising and marketing information to you, and to allow our business partners to do the same. In any part of the Services, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.

Comments and Feedback

If you provide feedback, ideas or suggestions to in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Opoplan to use that Feedback without
restriction and without payment to you. Feedback is considered a type of User Content.

Rights to Analyse

Opoplan retains the right to, and you accept that we may, analyze and evaluate the customers inputs to the briefing system and use this data, once anonymized and aggregated, to establish, document, report and
publish as part of a monitoring of the trends and pattern in the home design and construction industry.

Warranty and Limitation on Liability Regarding Use of Design

Opoplan has no liability whatsoever to you in relation to the implementation of the Design and without limitation you warrant undertake and agree that the responsibility to ensure the accuracy and suitability of the Design for your site and situation rests solely with you and you agree to indemnify and hold Opoplan and its affiliates harmless in respect of any claims, losses, expenses, demands, causes of actions, liability
(including reasonable professional fees incurred) in connection with the use of the Design, your construction project including but not limited to any negligence, act or omission by you or any of your sub-contractors or advisors or any breach of any of the terms and conditions of this website or attaching to the Services.

Links and Third Party Content

The Opoplan Website may provide links to third party websites, and some of the content appearing on the Opoplan Website, or made available may be sourced from external sources. The provision of third party content is for general informational purposes only. You acknowledge that the third party content provided by Opoplan is obtained from sources in relation to which Opoplan has no control. Opoplan does not provide any warranties to you with respect to any of the third party content it’s accuracy or otherwise and shall not be liable for any loss suffered by you in connection with your reliance on or use of such third party content.

Opoplan is not responsible for third party websites that link to or from the Opoplan Website. Opoplan does not endorse nor warrant the accuracy of any information on such third party linked sites.

Limitation of Liability- Other

All use of and browsing on the Website is at your own risk.
Opoplan is not responsible for any loss whatsoever arising out of or incidental to your use of the Website. To the extent permitted by law and without limiting any of the foregoing, everything on the Website is provided
to you on an “as is” basis, without warranty, either express or implied, of any kind, including but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement. As some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. Please check your local laws.

Opoplan is not responsible for failure to meet any obligation under the terms and conditions where such failure is due to events beyond our reasonable control. Opoplan will not be liable in any circumstances for any of the following:

  • Any loss that you may incur as a consequence of an unauthorised use of your account or your account information.
  • Any interruption or non-availability of the website during maintenance or for any other reason.
  • Any inaccuracy, error, admission, interruption, defect, failure of performance, computer virus, communication, online failure, alteration or any use of contents regardless of cause, for any damage resulting there.
  • Any loss of profits, sales, business or revenue.
  • Any business interruption.
  • Any Loss of anticipated savings, loss of business opportunity,
  • Any loss of Goodwill or reputation; or any indirect or consequential or punitive loss or damage howsoever arising.
  • Any dispute or other legal proceedings will be adjudicated under the Laws of Ireland.

In all circumstances the Lability of Opoplan shall be limited to the sum paid by you to Opoplan for the Services and if no such sum is paid by you the limit of our liability shall be $500 /€450.00. This limitation or liability shall also apply in circumstances where the exclusion of warranties is unenforceable in any jurisdiction.

Disclaimer

By choosing to use this Website you are subject to its terms and conditions and you use the site and avail of the Services arising out of your use of this Website solely at your own risk. Opoplan is an online platform that provides designs based on information that you submit. Opoplan has no liability whatsoever for any loss or damage arising out of or connected with inaccurate or incomplete information submitted by you.
While we take every precaution in ensuring the professionality of our designs and use only licensed architects to produce the designs, architectural designs may not suit all locations or site. In addition planning, environmental, permitting, and construction as wellas other relevant legislation, rules, guidelines, bye-laws, codes and regulations (including tax laws or code) vary from jurisdiction to jurisdiction and therefore Opoplan
gives no warranty as to compliance of the Website, Services or Designs with any such laws, guidelines or regulations.

Furthermore you herby undertake not to use the Website or Services in violation of such legislations, rules, guidelines, bye-laws, codes and regulations and to ensure that your use of the Services is in compliance with them. Opoplan gives no warranty as to the suitability of the Website,

Services or Designs for a specific project.

You acknowledge and accept that you are solely responsible for the implementation or use of any Design or part thereof, including but not limited to plans or drawings forming part of the Design and that
you will take all necessary precautions such as (but not limited to) obtaining the appropriate professional architectural, engineering and or construction advice to ensure that the Designs and their use are in full compliance with your local laws and regulations, including but not limited to planning, design review requirements, construction and environmental, and are fit for purpose including fit for the site upon which you wish to use them.
Your use of the Designs is at your own risk absolutely and Opoplan disclaim all liability for any act, default or negligence arising out of the use of the Website and the Services.

Indemnity

You shall indemnify, defend and hold Opoplan harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Opoplan that arise out of, result from, or may be payable by virtue of any breach or non-performance by you of any of these Terms and Conditions or the terms and Conditions attaching to the Services. This breach includes use by third parties whether authorised or not.

Assignment

You may not assign or subcontract or otherwise transfer any of your rights or obligations under these Terms and Conditions to any third party without the written consent of Opoplan.

No Waiver

If you breach the Terms and Conditions of the Website and we chose to take no action against you, we will still be entitled to use our rights and remedies in any subsequent breach of these terms by you.

Governing Law and Jurisdiction

These Terms and Conditions, the Website, your use thereof and the provision of the Services are governed by and shall be construed in accordance with Irish Law and are subject to the exclusive jurisdiction of the Irish Courts. Any dispute arising out of these Terms and Conditions, the Website or the provision of the Services shall be strictly subject to the jurisdiction of the Irish Courts.

Severability

If any of the terms and conditions are found to be invalid, unlawful or unenforceable by a competent authority, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

The above Terms Of Use and our Terms of Sale (as amended from time to time) together with our Privacy Notice, and as relevant our Commercial Terms-Subscribers and Commercial Terms-Architects (together with
any specific sub contracts, subscription plans etc referred to in these), constitute the entire agreement between you and Opoplan and they supersede any previous agreement.

No Children Under 18 Years old

The Website and Services are not intended for use by anyone under the age of 16, nor does OPOPLAN knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, you may not attempt to register or send any information about yourself to us.

In the event that we confirm that we have collected personal information from someone under the age of 16 without verification of parental consent, we will delete that information promptly. If you are a parent or legal guardian of a child under 16 and believe that we might have any information from or about such child, please contact admin@opoplan.com .

Changes to These Terms

Any changes made to these Terms and Conditions will be effective once posted to the Website. Your continued use of the Website constitutes your acceptance of such changes. Your use signifies your understanding and agreement to be bound by the Terms and Conditions including the Privacy Notice.