PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, THE BIM TOOLS AND THE GUIDANCE PORTAL

 

GENERAL

  1.  These terms (together with the documents referred to in these terms) (the “Terms”) govern how you may use this website (the “Website”). Use of the Website includes accessing, browsing and using the SFT BIM Grading Tool and Return on Investment Tool (the “BIM Tools”) and our BIM guidance documents (the “Guidance Portal”).
  2. The Website is operated by or on behalf of Scottish Futures Trust Limited (Company Number: SC348342) whose registered office is at 11-15 Thistle Street, Edinburgh, EH12 1DF (“us” or "we"). To contact us please email mailbox@scottishfuturestrust.org.uk.
  3. The BIM Tools allow you to input certain information about specific construction projects. On the basis of this information, the BIM Tools provide guidance on when and why to adopt Building Information Modelling (“BIM”) in the context of public sector construction projects (the “Results”). The Results: (i) depend on the information that you provide when accessing the BIM Tools; and (ii) are provided for information purposes only in accordance with paragraph 5. The Guidance Portal sets out how BIM can be adopted and can be read alongside the Results.
  4. By using the Website, the BIM Tools and the Guidance Portal, you confirm that you accept these Terms that you agree to comply with them.
  5. These Terms, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction.

 

CHANGES TO THESE TERMS AND OUR WEBSITE

  1. We may revise these Terms at any time by amending this page. Please check this page regularly to take notice of any changes we made, as they are binding on you. If we make any substantial changes, we will aim to notify you by providing a prominent notice on the Website.
  2. We may update the Website and change the content (including the BIM Tools and the Guidance Portal) at any time. Although we will use reasonable endeavours to ensure that the Website, the BIM Tools, the Results and Guidance Portal are up-to-date and based on up-to-date information, we make no warranties, representations or guarantees that any of this content will be accurate, complete and/or up-to-date.

 

ACCESSING THE WEBSITE

  1. We do not guarantee or warrant that the Website, or any content (including the BIM Tools and the Guidance Portal), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website, the BIM Tools and/or the Guidance Portal without notice. We will not be liable to you if for any reason the Website, the  BIM Tools, the Results and/or the Guidance Portal are unavailable.
  2. You are responsible for making all necessary arrangements to access the Website and for inputting accurate information into the BIM Tools. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

 

INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or the licensee of all intellectual property rights in and to the Website (including but not limited to the BIM Tools and the Guidance Portal). 
  2. Subject to the restrictions set out in paragraph 5, we grant to you a non-exclusive and revocable licence to access and use the BIM Tools and the Guidance Portal for the purpose of assessing when, why and how to use BIM in the context of construction projects. You may not use the BIM Tools or the Guidance Portal for any other purpose. You have no right to copy, adapt, revise engineer, decompile, disassemble, modify and/or adapt the BIM Tools in whole or in part.
  3. Subject to paragraphs 4.4 and 4.5, you may print off and may download whole pages or extracts of any pages from the Website for your professional use and you may draw the attention of others within your organisation to content posted on the Website.
  4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must also use the copyright notice: “Copyright ©2016 – Scottish Futures Trust” on all such printouts and downloads.
  5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our prior consent.

 

NO RELIANCE ON INFORMATION

  1. We have provided the BIM Tools and the Guidance Portal to support public sector authorities in making a decision on whether to adopt BIM, and to provide guidance for public authorities on best practices for adopting BIM. However, this information should be read in conjunction with professional/specialist advice and the relevant British Standards referred to in the Guidance Portal.
  2. Nothing on the Website, the BIM Tools, the Results and/or the Guidance Portal is intended to constitute advice on which you should rely to determine whether to use BIM and how to adopt BIM. Neither we nor any third parties provide any warranty or guarantee as to the accuracy or suitability of the BIM Tools, the Results, the Guidance Portal and or any information offered on the Website, for any particular purpose.

 

DATA PROTECTION

  1. Through your use of the BIM Tools, you will provide and we will collect personal data about you including your name, telephone number, email address and technical information about your use of the BIM Tools.
  2. Our privacy and cookies policy sets out the terms on which we process any personal data, together with information about cookies. By using the Website, you consent to the processing of your personal data, our use of cookies and you warrant that all data provided by you is accurate.

 

LINKING TO OUR WEBSITE

  1. You may link to our home page provided that you obtain our prior consent and comply with the provision of paragraph.
  2. If we provide our consent in accordance with paragraph 7.1, you must: (i) only link in a way that is fair and legal and does not damage our reputation or take advantage of it; (ii) not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; and (iii) not establish a link in any website that is not owned by you.
  3. We reserve the right to withdraw any linking permission without notice.

 

THIRD PARTY LINKS AND RESOURCES ON THE WEBSITE

  1. Where the Website contains direct or indirect links to other sites and resources provided by third parties, these links are provided for your information only. 
  2. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

PROHIBITED USES

  1. You may use the Website only for lawful purposes and in accordance with these Terms. You may also not use the Website:
    • in any way that breaches any applicable law or regulation;
    • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other similar solicitation;
    • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
    • to access without authority, interfere with, damage or disrupt: (i) any part of the Website; (ii) any equipment or network on which the Website is stored; or (iii) the BIM Tools and any other software used in the provision of the Website. 

 

LIMITATION OF OUR LIABILITY

  1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.
  2. We exclude all conditions, warranties, representations or other terms which may apply to the Website, the BIM Tools, the Results, the Guidance Portal and/or any other content, whether express or implied.
  3. We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, the Website and/or BIM Tools; or
    2. use of or reliance on the BIM Tools, the Results, the Guidance Portal and/or any content displayed on the Website;
    3. the content of any links to third party websites; and/or
    4. loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer     equipment, computer programs, data or other proprietary material due to your use of the Website (including the BIM Tools) and/or to your downloading of any content on it, or on any website linked to it.