Terms of Sale – OPOPLAN
v3 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 users when the initiate creation of a design or purchase of a design 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, 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 (OPL) a limited
company, registered in Dublin, Ireland. 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, entering a brief, or otherwise using the Opoplan website for any purpose whatsoever is termed a “user” hereunder.
Customer(s):
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)/ Non Subscriber
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 (SEC)
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 “SEC” (subscribers end customer).
Subscribers:
Local construction professionals (LCP) 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 on a monthly or other recurring basis are called “subscribers” (or Pro’s / 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 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 Sale for conditions and provisions relating to 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
How the Design Service Works
Please see Terms Of Use for details on how Opoplans Design services work.
Purchasing Opoplan Designs
If a customer decides to proceed to purchase or download one of the designs created for them by Opoplan, an order is deemed to have been placed for our Services (the purchase of various design products). 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. The design 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 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 Paymnet 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 direct download or via subsequently via download link sent by email (to the address that you have furnished) . Opoplan cannot be held responsible
if the email address you provide is incorrect or you do not have the technological capability to download or to utilise 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 site. 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, 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. 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.