Opoplan Terms Of Use and Purchase

V9 _04 May2022

General

Please read the following Terms and Conditions (“Terms”) carefully before using the Opoplan website(s) (“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 use the main homepage www.opoplan.com or using or subscribing to the My Opoplan dashboard www.dashboard.opoplan.com/  or using any linked pages or subdomains,  products in any way including initiating creation of a design, exploring of design, briefs, lots, making changes to design plans, purchasing downloadable design plan products or use of any other features or functions on My Opoplan  or Opoplan websites

In addition to these Terms additional Commercial Terms are provided for companies with whom Opoplan has a formal business relationship.

For any users, all of these documents must be read and accepted. .

The Opoplan website www.opoplan.com/  and My Opoplan project dashboard  www.dashboard.opoplan.com/ and all related services (including access, browsing, any interactive features, any social networking service, any mobile application, registering to receive any newsletter or updates, requesting making viewing or changing design plans, and other related products, membership and subscription benefits, and any other service provided in the above websites (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 and operating in various location in  the USA including  North Carolina and San Antonio TX. 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 Website for any purpose whatsoever is termed a “user” hereunder.

Customer(s):

Any user who has registered  to use My Opoplan dashboard, whether as a free user or paying subscriber, to check or compare lots, make and manage design briefs,  make, view, explore or change new house designs plan, or utilize other Opoplan features is a “customer” hereunder.

Other Terms

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

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 users, customers (who may be 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. These are available to view at the Policies link on the Website and directly at https://opoplan.com/legal/

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.

For local construction professionals who are business affiliates, or subscribers please see the
accompanying Commercial Terms -Business in the corresponding section of the Opoplan Website.

For Architects who are design partners please 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)”):

Free Services:

Lot Check

Upon provides a Lot Check service free of charge. With this service the user or customer may run a simple test to gauge the approximate size  of house that could potentially fit on a lot (site) that they indicate in our online interface. The Site Checker service is indicationary only as it relies on a simplified and approximate level of analysis based on generalizations and  macro assumptions as to site/lots’ shape, size, critical dimension, required minima (in terms of dimensions), required setbacks, average size of houses, rooms and  other spaces, and many other parameters.

The results given are limited by the inputs of the customer/user, which may or may not be accurate, the data we can extract about your site/lot/location from online mapping systems and any available geographic information system databases all of which may have limitations and are themselves based on assumptions and generalizations.

In no case should the results be relied upon on their own for any kind of important decisions by the user (including expending money relating to a lot/site for any reason). The user should always seek proper local expertise from a qualified professional who should review our results using definitive inputs by the customer/ user, the specific local permit/ planning requirements and an on the ground examination of the lot/site as well as their own professional judgement.

Paid Services:

The services Opoplan provides in exchange for payment include the following:

Design Plans

Opoplan create a new design plan for your single family new homes (“Design Service”). This service  included the taking and analysing of the customers brief (spatial and design desires, lifestyle preferences, room requirements, specific of the location and lot) and then creates a personalized design plan solution in response to these. The deign plan is first available as an online product within the  My Opoplan dashboard (low) and subsequently available to purchase separately and download distributed in various downloadable product output formats (“products” or “outputs”).

Limitations on Design Range & Variety-Temporary

As a start-up disrupting and automating how architectural design is carried out, there may be limitations on the variety of design solutions presented to customers. This will improve steadily as we broaden our AI design functionality going forward.

Downloadable Design Outputs

Once an order for a downloadable design output such as the ADS, BIS or other advanced format outputs, is made and purchase (payment) 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 product you have ordered to you (see below) concludes the order process.

Plans are delivered in PDF format of drawings at metric scales but output on both standard metric and imperial paper sheet sizes. There will be a slight discrepancy between standard or conventional metric and imperial scales on the sheets but dimensions are provided in both metric and imperial.

Products, Formats, Prices

Opoplan creates your design plan and stores it as a design model file internally on your profile of the My Opoplan dashboard. We make it available to the you in various online and output (downloadable) formats, using different means, at different prices and under different conditions. Example of different products (or outputs/ formats) of the design plan are; Online: design brief document, plan information, 3D viewers (of various kinds), lot layout diagrams, and Downloadable, Architecture Drawing Set (ADS) and Builders Information Set (BIS). We will shortly also offer advanced format outputs such as augmented reality (AR) and .STL file for 3D printing and more.

Online and Downloadable Products

Opoplans offers some products as part of your monthly subscription while other products must be paid for as a separate purchase i.e. additional to your monthly subscription.

Online design plans are available in varying quantities depending on the subscription level you are on, with your subscription. These will be available online in various viewers, information panels and diagrams online only (in the My Opoplan environment).

Downloadable products, that must be purchased separately (are not included in the monthly subscription) include the ADS and BIS above as well as others.

Prices

Current prices, products and subscription levels are all set out clearly on the Website.

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. The price shown for a downloadable output of a design plan at the time the design plan is first made, or changed, as an online product is no guarantee that this price will be applicable at a later date for purchase of the same design plan in a downloadable format (ADS, BIS etc

Orders, Contracts and Payments

If a customer registers with My Opoplan, whether at free /trial level or by purchasing or upgrading a paid monthly subscription or by completing a design brief questionnaire and submitting a design request or ordering a downloadable product, an order is deemed to have been placed for our Online Services (the purchase of subscriptions, creation and making available to view and explore, of online design plans and other dashboard (online services).

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.

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.

Subscriptions

Free (Trial) and Paid Subscriptions

Joining Opoplan by completing the registration section of My Opoplan, means you may try using Opoplan services on a limited basis. Subscribing makes the My Opoplan dashboard and the online design plan products and features  available to the user within the limits of the relevant subscription (pricing) level.

When the free limits are reached  you will be asked to subscribe (or upgrade) on a recurring basis-to one or other subscription level,  including entering your payment information to our payment partners platforms.

Each subscription level has different limits in term of access to Opoplan functions and features. These may be time based or be restrictions in the number of design plans you can make, or by limits in time or access to other functions, viewers, and features.

Upgrading you subscription from free to paid or from one subscription payment level to a higher one, means you will be able to make more design plans and access more features or have less restriction on Opoplan functions.

Subscription Payments- recurring

Opoplan subscription are charged on a recurring subscription payment basis and payment si automatically debited from your card or by other method each month by our payment partners.

Cancellation of Membership / Subscription by Customer

If the customers  subscription lapses or is not renewed, the customer fails to make a monthly subscription payment their membership (subscription) is deemed to have expired. A confirmation of payment email is issued each month by our payment partners. This email also contains links on how to cancel your subscription before the next monthly payment and no more payment will be deducted subject to any notice period referred to. This constitutes cancelation by the customer of your subscription.

Change to Subscription Rates

Opoplan may at any time vary the payment rates of a subscription plan, discontinue existing subscription pricing levels or introduce new  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 themselves.

Cancellation of Membership / Subscription by Opoplan

Opoplan may at any time cancel the subscription membership mode of usage and adjust our business 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 30 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, after appropriate payment where applicable, within that period

Effect of Expiry/ Cancellation of 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.

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.

Purchase of Downloadable Products

Downloadable design plan product (outputs) can be ordered for purchase using the links on the Website and in the individual plans screens of your My Opoplan dashboard. You will then be linked to our payment partners (Moonclerk, Stripe or Klarna) platforms where payment is made by entering your bank or credit card information on our payment partners platforms.

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

Terms of Payment and Delivery

We accept all credit/debit card for subscription or product purchase payments.

Payment Partners

Payments are processed through our Payment services Partner (Stripe/ Moonclerk/ Klarna). These are secure payment gateways which encrypt your credit/debit card details. Opoplan will not store your credit/debit card details. We will take reasonable precautions to ensure that the 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 Downloadable Products will be delivered to you by Opoplan activating a download link on the relevant screen of the relevant design plan, on your My Opoplan dashboard or by us emailing you a download link (to the address that you have furnished at registration). Products are delivered as compressed (.zip or ,rar) files of PDF sheets as described above (for paper drawings /images) or in other relevant file formats.

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 purchased the Downloadable design products you ordered subject to them having no major error. If errors are discover, repair and reissuing of the download shall be the remedy.

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.

Intellectual Property

Website

BFLM Limited (“Opoplan”) owns all rights, title and interest in and to the Opoplan website and the My Opoplan dashboard (together, the 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, original strap lines, 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 materials 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 or My Opoplan websites 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 any related material). 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 plan (including any design plan product in any format) 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.
  • The design plan generated in My Opoplan (the online design) is our current  best effort to meet your brief. If it is not to your liking you may, depending n your subscription level, request another design using different briefing inputs.
  • Opoplans design process and our ability to closely meet the customers brief depends on technological range of our AI engine and design decision. We are adding improving our systems so Opoplans design responses to customers brief is constantly improving.
  • It is up to the customer to decide whether the design solution(s) provided, and visible on the My Opoplan dashboard are acceptable and whether or not they wish to proceed to purchase the downloadable output of 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 location specific 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 Opoplan as well as the online design formats (3D Explorers, viewers, information panels, brief documents), diagrams etc) and other outputs, 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 .

Licences, Warranties, Liability

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.

Suitability of Designs

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.