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TERMS OF USE-POLANTIS

Hello! Welcome to the updated Terms of Use for Polantis!

Please read this carefully before using our site, services, or products. This is a contract between you and Polantis. 

We have updated our Terms of Use as Polantis SAS has been acquired by BIMobject France SAS an entity in the BIMobject Group comprising the parent company BIMobject AB and its global subsidiaries. 

BIMobject AB (“BIMobject”) is the owner of The BIMobject Cloud available at  www.bimobject.com.  

Your Acceptance of these Terms

These Terms of Use (the “Terms” or the “Terms of Use”) constitute a legally binding agreement that governs your access to www.polantis.com and your use of the Services on the website. 

“Polantis” shall mean Polantis SAS the wholly owned subsidiary of BIMobject France and BIMobject AB (556856-7696), a duly registered Swedish entity having its registered office and principal place of business at Nordenskiöldsgatan 24, 211 19 Malmö, Sweden (collectively “Polantis”).

The Polantis website shall also be referred to herein as: the “Website” and also as “Polantis”.

By visiting the Website and using our Services, you automatically agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, we are unwilling to permit you to use our Services and we request that you immediately stop using or engaging in any activity on this website.

Eligibility and capacity

You may not register a user profile use the Website or provide any personal information  to Polantis if you are under the minimum age. The minimum age for users in the European Union generally is sixteen (16) (or such lower age that your country has provided for you to consent to the processing of your personal information).

You may only use our Website if you can form a binding contract with Polantis and are not legally prohibited from doing so.

If you agree to these Terms on behalf of a company or other entity, you warrant and represent that you are an employee, agent or authorised representative of that company or entity and that you have the authority to enter into these Terms on behalf of that company or entity.

Applicability of these Terms

These Terms apply to visitors to our Website and those who have registered a user account (“Users”). Polantis provides a broad range of Services to its Users. You can read more about same on the Polantis Website as well as in the section entitled “Products and Services” below.  

You are aware, acknowledge and agree that:

  • Polantis may, at its sole discretion, provide any and all Services to you directly or indirectly through an affiliate.
  • Polantis is constantly innovating and refining the Services in order to provide the best possible experience for our Users. You are aware, acknowledge and agree that the form, nature and content of the Services which we provide may change from time to time without prior notice to you.
  • As part of the above-mentioned continuing innovation, you are aware, acknowledge and agree that Polantis may stop (permanently or temporarily) providing the Services (or any features within the Services) to Users or any party generally at its sole discretion, without prior notice to you.
  • You are aware, acknowledge and agree that in the event that Polantis should disable access to your account, you may be prevented from accessing Polantis, the Services or any part of the Services and your account.
  • You are aware, acknowledge and agree that the information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Polantis assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. Polantis provides no assurances that any reported problems will be resolved by Polantis, even if Polantis elects to provide information with the goal of addressing a problem.
  • Polantis reserves itself the right to alter and/or delete any information provided by Users or visitors. 

 

Under no circumstances shall any Polantis User or visitor to the Website:

  • Act in an unprofessional manner by posting unsuitable, incorrect, discriminatory, hateful or objectionable content on the Website.
  • Provide false personal information, or a profile image(s) or upload of any other information which is in breach of any data protection laws, copyright or trade mark infringement material or dealing the intellectual property of a third party without permission or consent
  • Use the Website or the Services to engage in any unlawful, misleading, malicious or discriminatory behaviour or activity
  • Intimidate, harass or harm any other User
  • Engage in unlawful multi-level marketing activities, for example: a pyramid scheme, or any scam involving the use of financial information or personal information of other Users.
  • Use the Services to create, transmit, submit, upload, display or otherwise make available anything that (i) violates, misappropriates or infringes another person’s or company’s rights, including but not limited to intellectual property rights; (ii) contains software viruses, harmful materials or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any other communications equipment, including but not limited to the Website and the Services; or (iii) in any other way can be damaging to Polantis, the Services or any affiliate entities (including any BIMobject Group company) or other third parties.

 

Account Integrity

  • You are aware, acknowledge and agree that you are responsible for maintaining the confidentiality of passwords associated with the account you use to access the Services on the Website and, accordingly, that you will be solely responsible to the Polantis for all activities that occur under your account.
  • You specifically agree that you will (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Services; (ii) promptly notify Polantis if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; (iii) not permit any third party who is not a User to access or use a username or password for the Services; and (iv) not share, transfer or otherwise provide access to an account designated for you to another person.

 

Privacy and your Personal Information 

Confidential information and privacy policy

All information provided to Polantis by visitors to these Web pages is considered to be confidential and will not be disclosed by Polantis to any third party except as may be required for the provision of the Services or in accordance with applicable law. 

Your access to and use of the Services on the Website is also subject to our Privacy Policy, as modified from time to time. The Privacy Policy explains how your information is collected used, shared and stored on our Website. The Privacy Policy forms an essential part of these Terms and by accepting these Terms, you agree to the use of your personal information in accordance with the Privacy Policy. It is of the utmost importance that you read the Privacy Policy carefully and ensure that you are satisfied with it prior to accepting these Terms. You can read the Privacy Policy on the Website or access it by clicking on the link here https://www.polantis.com/privacy-policy/

When creating your User account you agree and accept that Polantis has the right to communicate to manufacturers all the information about you/Users downloading manufacturers 2D or 3D objects. Users downloading 2D or 3D objects allow manufacturers of the corresponding products to use their information for marketing purposes.

You can read more about this and your opt-out rights in the Privacy Policy. 

 

General

Website Content

The Website contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Polantis prior written consent, except that Polantis grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Website. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any models and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

Limitation of use

2D / 3D and BIM models, textures and any content downloaded from Polantis website may be commercially used only as a part of artwork or architectural project. Single reselling or redistributing of these models or any other content downloaded on Polantis website is prohibited.

Linking to this site

All links to this Web site must be approved in writing by Polantis, except that Polantis consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Polantis; (c) imply that Polantis approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Polantis or otherwise damage the goodwill associated with the Polantis name. As a further condition to being permitted to link to this site, you agree that Polantis may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Polantis utility.

Termination of Your Account

You may terminate these Terms of Use for any reason and at any given time. To terminate your account please email us at  contact@polantis.com stating your reasons if any, and appropriate steps will be taken to delete your User account as soon as practicably possible.

Polantis reserves the absolute right to terminate your account at any time without prior notice to you and without the need to give and reason for such termination in writing or otherwise.

When these Terms come to an end, all of the legal rights, obligations and liabilities that have accrued over time in favour of Polantis and our Indemnitees whilst these Terms have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation.


Governing Law and Jurisdiction

These Terms, and your relationship with Polantis under these Terms, shall, to the maximum extent permitted by applicable mandatory law in your jurisdiction, be governed by and construed in accordance with the substantive laws of Sweden without giving effect to the choice of law principles thereof.

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by a Swedish court of general jurisdiction and the Malmö District Court (Sw. Malmö tingsrätt) shall be the court of first instance.

Notwithstanding the above you are aware, acknowledge and agree that Polantis and its Indemnitees shall always be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and through any court of competent jurisdiction.

Severability

Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms of Use is solely at our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

 

Changes of the Terms

Polantis reserves the right to change these Terms (including the Privacy Policy) at any time without prior notice. If any of these changes are unacceptable to you, you may terminate your subscription. You are aware, acknowledge and agree that your continued use of the Services after the date on which these Terms have changed as set out above will constitute your acceptance of the changed Terms.

 

General provisions

You are aware, acknowledge and agree that these Terms constitutes the entire agreement and understanding between you and Polantis relating to the subject matter hereof (but excluding any services which Polantis may provide to you under a separate written agreement) and supersedes all written or oral commitments, undertakings and agreements which have preceded these Terms.

You are aware, acknowledge and agree that any amendment, change or modification of these Terms, other than as set out above, may only be made by a written agreement between the parties.

You are aware, acknowledge and agree that in no event shall any delay, failure or omission of a Party in enforcing, exercising or pursuing any right, claim or remedy under this Agreement be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.

If any court of law, having jurisdiction to decide on this matter, finds that any provision of these Terms (or the application thereof) shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.

You are aware, acknowledge and agree that Polantis may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through Polantis. The English language shall be the governing language in your relationship with Polantis.

You are aware, acknowledge and agree that each of Polantis and any and all of its Indemnitees and its parent BIMobject are intended third party beneficiaries of these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Except as otherwise expressly provided in these Terms, there shall be no other third-party beneficiaries to these Terms.

The User shall not be entitled to assign its rights and/or obligations under these Terms without our prior written consent. Polantis shall be entitled to assign its rights and/or obligations under these Terms without the prior written consent of the User.


LIMITATION OF LIABILITY



IN NO EVENT WILL POLANTIS NOR ANY AFFILIATE, PARENT OR HOLDING COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF POLANTIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

 

GENERAL SALES CONDITIONS

 

  1. What do we do? Activity description

 Polantis offers Architecture Professionals the unique possibility to easily download 2D & 3D objects as well as calibrated textures and integrate them into their projects. Our objects are drawn, textured and rendered in the highest quality level, and are available in most architectural software formats. 

 All objects on the public section of polantis.com are available for free (under some limitations of copyright and bandwidth). 

 In parallel, Polantis offers manufacturers of AEC goods the possibility to expose and distribute virtual copies of their products for the use of architectural prescribers. 

 Polantis was created with those two communities in mind (Specifiers and AEC manufacturers) and its principal aim is to facilitate and enable relationships and communication between them. 

1.1 Products and Services

Polantis provides the following products and services: 

 For Specifiers Professionals: 

  • The possibility to view, evaluate and download 2D/3D objects and/or Textures of both real-life products by selected AEC Manufacturers and Generic/User created models.
  • The possibility to mass download said products.
  • The possibility to build a custom made library of 2D/3D objects and/or textures.
  • Find jobs, create jobs, find new clients, collaborate on projects with other professionals.
  • The possibility to contact and interact with each other as well as with AEC Manufacturers.
  • The possibility to sell and buy objects (between Polantis Users).

 For AEC manufacturers: 

  • Realisation of a 2D & 3D objects catalogs based on their real-life products.
  • Realisation of texture catalogs based on their real-life products.
  • Hosting of said virtual product catalogs.
  • Creation of digital support (other than online) for said product catalogs (CD, DVD, USBKeys etc.) 
  • Performance statistics of said virtual catalogs (Downloads, formats, types of users etc.)
  • Use of specialised Inbound and outbound marketing tools.

 

 1.2 Marketplace service description

The User can sell or buy 2D and 3D objects on the section “Marketplace” of Polantis.

The seller User must be the owner or hold the copyright of the object offered for sale. If there is a dispute over the ownership of the object, Polantis reserves the right to remove it from the Marketplace.

The seller User may at his discretion freely set the price for the object he sells. For each sale, Seller obtains 80% of the total amount with the remaining 20% going to Polantis. This appropriation may be changed by Polantis at any time.

Polantis reserves the right to organize special operations on the Marketplace (sales, promotions): the price of the item of the seller User could be impacted consequently.

The seller User can unlock the amount of his sales once he has reached the sum of 100€ in the “Wallet” section of his Profile. He can choose to receive this sum by bank transfer or Paypal depending on what he has selected in the settings.

If the seller User unlocks this sum with Paypal, Paypal is susceptible to retain a commission. The amount of that commission ought not be claimed to Polantis.

If the “Wallet” of the seller User does not reach the sum of 100€, the seller User will receive the available sum at the end of the year (by bank transfer or Paypal according to the settings chosen).

In order to receive the available sum before the end of the year, the seller User must make a request to comptabilite@polantis.com. In return, 15€ processing fee will be withdrawn from the sum by Polantis.

The sums kept in the "Wallet" can also allow the seller User to buy items available on the Marketplace.

  

  1. Terms of delivery

 

Services (Subscription) purchased on polantis.com are activated immediately after payment is received in full. 

Products (Library organizer and downloads) are delivered immediately after accepted payment within the limits of the user’s internet connection and Polantis’ server’s bandwidth. 

Polantis does not deliver physical products, all products are electronically transmitted (downloaded). 

 

  1. Refund Policy

 

For the Marketplace service: 

You have the right to withdraw from your transaction without charge and without giving any reason from the moment of transaction and until the moment you have downloaded your first object / used one of our “plus” services. You do not have the right to withdraw from a transaction once delivery of the product or use of a “plus” service has started at which point your transaction is final.

 For shop products: 

 You have the right to withdraw from your transaction without charge and without giving any reason until delivery of the product has started. You do not have the right to withdraw from a transaction once delivery of the product has started at which point your transaction is final. The shop services commence immediately when you begin to download a product from the shop and you will not have a right to cancel your contract once the services commence unless you have received an unacceptably poor download. If this happens, you must tell us as soon as possible using the support submission form available on “contact” page. If the poor download is caused by Polantis and cannot be resolved, a refund may be provided.

 For Polantis Marketplace: 

 You have the right to withdraw from your transaction without charge and without giving any reason from the moment of transaction and until the moment you have downloaded your first object / used one of our “plus” services. You do not have the right to withdraw from a transaction once delivery of the product or use of a “plus” service has started at which point your transaction is final.

 

  1. Corporate Information

Polantis SAS  a wholly owned subsidiary of BIMobject France SAS whose headquarters are located at 30 rue Saint-Lazare, 75009 Paris represented by BIMobject France SAS as President. 

 

Polantis SAS is registered with the Registry of Commerce and Business of Paris under the number 507 517 753, telephone number: [0142640702] email address support@polantis.com

 

  1. Contact 

 You can contact POLANTIS SAS on any subject by one or more of the following means:

 By email: 

  • For questions about Polantis products, services use the contact form on the “contact” page.
  • For questions about sales conditions, for reclamations or any technical problem or difficulty you may encounter using our site use the support form on the “contact” page.
  • For questions in respect of the privacy policy please contact us at contact@polantis.com  or using the contact details in the privacy policy. 

 By phone: 

  • For any question or technical problem please call +33 (0)1 42 64 07 02 monday to friday 09:30 to 18:00 CET (Paris, France) Time.

 

By mail, write to:

POLANTIS SAS
Service Après Vente 
30 rue Saint Lazare
75009 Paris 

 

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