Terms of Sale – OPOPLAN
V6 _17 Feb 2021
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 users when the initiate creation of a design or purchase of a product on www.opoplan.com. In addition to these Terms additional Commercial Terms are provided for professionals with whom Opoplan has a formal relationship. For those users, all of these documents must be read and accepted. For professional subscribers these Terms cover the purchase aspects of a subscription also.
The Opoplan Website www.opoplan.com and related services (including access, browsing, any interactive features, any social networking service, any mobile application, registering to receive any newsletter or updates, membership and subscription benefits 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 with a location also in North Carolina. 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(s)
Any individual browsing, looking, reading or using the Opoplan website for any purpose whatsoever is termed a “user” hereunder.
Customer(s):
Any user or member/ subscriber using Opoplan to check or compare lots, make and manage design briefs, make and explore new house designs, provide or host seed designs or utilize other Opoplans features is a “customer” hereunder.
There are three kinds of customers as follows:
Member (Consumer Subscriber)
A user that has joined Opoplan either for a trial or free period or by paying a subscription on a recurring basis is termed a member (or consumer subscriber).
Construction Professionals:
Local construction professionals (LCPs) including custom home builders, 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 as commercial entities on recurring basis are called 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.
Other Terms
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.
Use
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.
Products, Output, Formats
Opoplan creates your design and stores it as a design model file internally. We make it available to the customer in various output formats, using different means, at different prices and under different conditions. Example of different products (or outputs/ formats) of the design are; 3D Design (see below), Architecture Drawing Set (ADS) and Builders Information Set (BIS). We will shortly also offer advanced format outputs such as augmented reality and STL file for 3D printing.
A 3D Design (of your new house plan)
Opoplans primary product is your new design in the format of a live 3D digital model in the customers browser. We term this product the 3D Design -of the new house plan/design for the customer. This is a distinct Opoplan product and does not include related drawings and other output formats of the design-as set out above.
Other Notices
These Terms refer to the following additional terms, which also apply to your use of our site:
Our Privacy Notice sets out terms on how 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 Use for conditions and provisions relating to us eof the website before purchasing of Opoplan products and services.
For local construction professionals who are subscribers please see the
accompanying Commercial Terms -Subscribers in the corresponding section 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
Please see General Terms Of Use where the scope of Opoplan services are set out.
Contract and Services
Free Products (Services).
Opoplan provides some products free or some member (priced) products free for a certain time or to other limit.
Vouchers and Coupons
Vouchers and coupons are sold on the basis that they are redeemable once using the combination of voucher or coupon number, email address and where relevant other information requested at the time of purchase. It is your responsibility to keep the above information secure so that others do not redeem your voucher. No responsibility will be accepted by Opoplan for such false redemptions due to information compromised by you. Any violation or attempted duplicate usage of a voucher/coupon will result in your design and voucher being cancelled.
Vouchers and coupons are either for a set sum or for a specific product or set and for specific redemption dates.
Where the voucher is for a specific product, that product or the current equivalent will be offered in fulfilment of the voucher, regardless of any changes in pricing, whether increased or decreased, in the future. If a product has been discontinued entirely, we will offer a similar product or equivalent service in lieu at the time. Please read the voucher/coupon description fully prior to purchase for specific terms and limitations around dates, sums, transferability/who can redeem the voucher/coupon etc.
Where the voucher or coupon is for a set sum, the sum can be set against the purchase of a product current at the time of redemption, subject to any conditions in the voucher/coupon.
Membership and Subscriptions
Joining (Trial Membership)
Joining Opoplan by completing the registration section of the design brief questionnaire, or by joining in another way, means you may enjoy a trial of Opoplan membership on a limited basis.
When the time limit runs out, or you utilize various services for a certain period, this trial membership will expire and you will be asked to subscribe on a recurring basis- including entering your payment information to our payment partners platforms).
Subscription Membership
Opoplan offers full membership on a recurring subscription payment basis. There are different level of membership at different subscription prices. Different subscription plans (membership levels) allow different number of uses (lots, briefs, designs and other benefits) or periods of time to use the services.
Certain Opoplan services are not covered by a subscription and must be purchased as an additional charge.
Cancellation of Membership / Subscription by Customer
If the customers trial subscription lapses or is not renewed, the customer fails to make a monthly subscription payment their membership (subscription) is deemed to have expired.
Subscribe to Buy- “Savescription”
Subscription membership to Opoplan entitles the subscriber to the benefit of a reduction in the price of Architecture Design Set (ADS) of drawings of your new house design. The reduction sum shall be the total value of the monthly subscription payments already paid less any reductions already redeemed. This means that the total value of subscriptions paid by the member is granted as a discount off the list price of the ADS output at time of purchase. This benefit only becomes available upon application to buy the ADs and must be redeemed immediately by paying the balance of the list price and downloading the ADS.
Opoplan reserves the right to withdraw and cancel the reduction offer at any time. If this benefit is cancelled by Opoplan, the customer agrees to convert the reduction into a voucher in the same amount redeemable only on 1 ADS product for their design within a 3 month limit. After that period it shall expire (ie be reduced to $0).
Change to Subscription Rates
Opoplan may at any time vary the payment rates of a subscription plan, discontinue existing plans or introduce new plans/ prices. Any customer who has already joined at a given rate may continue on that rate for the period covered by one further payment after which their subscription payment will automatically be adjusted to the new rate or they may adjust their subscription level/ price plan.
Cancellation of Membership / Subscription by Opoplan
Opoplan may at any time cancel the subscription membership mode of usage and adjust our busines model from that point on or we may cancel the membership of specific members. If subscriptions are cancelled by Opoplan, members will be notified that membership and access will expire 15 days after the next normal payment date. Members files, logs, projects, designs or other assets and inputs stored on Opoplan must be downloaded or removed by the member/customer within that period
Expiry of Membership / Subscription
If a trial expires or membership is cancelled or allowed to lapse by non payment of a recurring subscription, members will be notified and members access will expire 30 days later. Members files, logs, projects, designs or other assets and inputs stored on Opoplan must be downloaded or removed by the member/customer within that period. If purchase is required to access output of any stored assets (such as lots, briefs, designs, changes etc) it must be completed in the same period. If not downloaded, including being purchased first as necessary, any files risk being deleted from our system with no further notice.
Opoplan Design Plans Service
Limitations on Designs Variety-Temporary
As we introduce our subscription based model, there may be limitations on the variety of design solutions presented to customers. This will improve steadily as we broaden our source design inputs from week to week going forward.
How the Design Service Works
Please see Terms Of Use for details on how Opoplans Design services work.
Placing and OrderIf a customer decides to subscribe to Opoplan or to purchase or download a chargeable output of one of the designs created for them by Opoplan, an order is deemed to have been placed for our Services (the purchase of subscription or various products and design outputs). The customer will receive an acknowledgment of the order, either directly online or by separate email. This acknowledgement constitutes an acceptance of the order and initiation of a contract between you and Opoplan.
Purchasing Opoplan Design Outputs
Once an order for a design output such as the ADS, BIS or advanced format outputs is made and purchase has been completed, the outputs will subsequently be made available (delivered) to you in the product formats requested by you in the manner described above and within the timescale specified. Opoplan delivering the download link for the products you have ordered to you concludes the order process.
In some regions and/or circumstances, the design or certain design products are only available to SECs (subscribers end customers). If you are a DEC(non subscriber) and your design is not available for purchase due to this, we recommend you contact your local custom home builder and encourage them to subscribe to Opoplan when you will be able to create your own design (and work with the builder to complete it).
Opoplan reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for your payment from our Payment Platform, or if you are procuring your design through a local construction professional who is a subscriber to Opoplan and their subscription or credits have expired, or for any other reason at our discretion.
See also Terms of Sale below.
How the Professional Subscription and Hosting Services Work.
Please see separate Commercial Term –Subscribers and Commercial Term – Architects.
Terms of Sale- Pricing, Payment, Delivery
We make all reasonable efforts to ensure the pricing information on the Website is accurate and up to date however errors do occur. If an error occurs and a Service is mispriced Opoplan reserves the right not to accept the order. Prices remain subject to change without notice and therefore are not legally binding.
Payment
We accept all credit/debit card transactions which are processed through our Payment services partner (Stripe/ Moonclerk). This is a secure payment gateway which encrypts your credit/debit card details. Opoplan will not store your credit/debit card details. We will take reasonable precautions to ensure that the Opoplan Website is secure. However, we cannot guarantee the security of our website, databases or services, nor can we guarantee that your information will not be intercepted by, nor are we liable for the actions of third parties. For further details please review our Privacy Notice. International credit card providers will determine the exchange rate of your purchase and may add additional costs or charges which you will be liable for if you hold an international credit card.
Delivery
Opoplans Design Services products will be delivered to you by download link sent by email (to the address that you have furnished). Plans are delivered by URL link and/or as zip or RAR files containing PDF formats of drawings at A3 (close to 11″x 17″) and at A1 (close to 22″x 34″) paper sizes. Opoplan cannot be held responsible if the email address you provide is incorrect or you do not have the technological capability to download, print or otherwise utilize the file(s) once downloaded.
Cooling off Period/Cancellation
Opoplan Design Service
As our designs are customised to your specific requirements, no refunds are possible once you have concluded the Design Service process.
By engaging in a Design Service request and by Opoplan, you acknowledge that you lose any entitlement to a cooling off period or right to cancel the contract.
Opoplan Subscription Service
See separate Commercial Terms – Subscriber for cooling off provision for subscribers.
Opoplan Hosting Service:
See separate Commercial Terms – Architects for cooling off provision for design authors.
Intellectual Property
You agree to the provisions relating to intellectual property as set out in the
General Terms of Use.
Licence For Use
You agree to the provisions relating to licences for use as set out in the
General Terms of Use.
Suitability of Designs
You agree to the provisions relating to Suitability of Designs (scope,
limitations and own obligations) as set out in the General Terms of Use
Responsibility of Customers, Builders and Professionals.
You agree to the provisions relating to the customers and builders
responsibilities as set out in the General Terms of Use.
Warranty and Limitation on Liability Regarding Use of Design
You agree to the provisions relating to warranties and limitations regarding
the use of the Designs as set out in the General Terms of Use.
Limitation of Liability
You agree to the provisions relating to Limitation of Liability as set out in
the General Terms of Use.
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 lots/sites. In addition planning, environmental, constructions and 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, 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.
Where Opoplan drawings and other outputs include specific notes and information or indicate dimensions, areas, quantities, schedules and/or other data, these are generated automatically and must be sense checked to make sure they are logical, consistent and reasonable in how they relate to the plans and drawings, other data provided and the overall composition and arrangement of the design, plans and drawings in its/their entirety. Any inconsistencies or conflicts, or information that is clearly incorrect or inaccurate should be examined further with a professional and not relied on, uncorrected, to make decisions or carry the project further.
Opoplan gives no warranty as to the suitability of the Website, Services or Designs, and information therein, 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. See General Terms of Use for provisions relating to Indemnity, Assignment and Waivers, Governing Law, Severability and Minimum age.
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.