Terms of service

TERMS OF SALE

1.       GENERAL CONDITIONS

1.1  This is a legal AGREEMENT between CV3D.STORE, and You (either as an individual or the legal entity for which You represent and warrant that You have the right, power and authority to act on behalf of and bind to this AGREEMENT) ("You" or "Licensee"). 

1.2  By purchasing, downloading, installing, accessing, or otherwise copying or using all or any portion of CV3D.STORE PRODUCTS, you agree to be legally bound by this AGREEMENT. If LICENSEE does not agree to any or all of the terms in This AGREEMENT, LICENSEE must not install, access, or otherwise copy or use CV3D.STORE PRODUCTS.

1.3  This is a license AGREEMENT and not an agreement for sale; the CV3D.STORE PRODUCTS are licensed and not sold. THE CV3D.STORE PRODUCTS are licensed to LICENSEE only upon condition that LICENSEE accepts all of the terms and conditions contained herein. 

1.4  The CV3D.STORE PRODUCTS are protected by copyright and other intellectual property laws.  Except as expressly set out below, this agreement does not grant you intellectual property rights in any CV3D.STORE PRODUCTS and you may only use CV3D.STORE PRODUCTS on the terms of this agreement. 

2.       LICENCE GRANT

Subject to the provisions of this agreement (including, but not limited to, the license restrictions set forth below) and the payment of the fees, CV3D.STORE grants you a non-exclusive, non-transferable, non-sublicense, revocable, personal, limited license to use the CV3D.STORE PRODUCT that you purchased on https://CV3D.store/ for your own use (Licence), The Agreement is concluded by a purchase made on the website of the CV3D.STORE. Conclusion of the agreement and its provisions are confirmed by the Licensee immediately.

2.1  Authorized Uses

By accepting this Agreement, CV3D.STORE grants the Licensee the following rights:

2.1.1        To process, edit and use the CV3D.STORE PRODUCTS in their studies and works, in particular: Rendering still images and animations, producing drawings and diagrams, for commercial and non-commercial purposes, (e.g. for creating presentation documents to illustrate your joinery and cabinetry designs for your customers). This use does not expressly include the right to use the CV3D.STORE PRODUCTS or any portion thereof as derivative products.

2.1.2        A third party under the contract of the Licensee may make temporary copies of the Models for the sole purpose of outputting a job (including network rendering, machining and printing) provided by the Licensee. CV3D.STORE PRODUCTS may be retained by the third party only for the period of time required to complete the contracted job and may not be used for any other job or purpose.

2.1.3        The creation of one copy of the CV3D.STORE PRODUCT for backup or archival purposes.

2.2  License Restrictions

You may not, and you may not permit anyone else to:

2.2.1        Copy, modify, transfer, loan, lease, assign, rent, resell, adapt, offer to sell, distribute or use any portion of a CV3D.STORE PRODUCT in whole or in part other than expressly authorized in this Agreement.

2.2.2        Obscure, remove or alter any product identification, proprietary, copyright, trademark or other notices contained in the CV3D.STORE PRODUCT or accessed in conjunction with or through the CV3D.STORE PRODUCT.

2.2.3        Claim or misrepresent ownership of any CV3D.STORE PRODUCT which you did not create or develop.

2.2.4        Use the CV3D.STORE PRODUCT in violation of any applicable laws or regulations or for any unlawful purpose.

2.2.5        Use the CV3D.STORE PRODUCT on any device that you do not own or control.

2.2.6        Embed or incorporate any portion of the CV3D.STORE PRODUCT into any licensed commercial productions or any other production, product or software.

2.2.7        Use any CV3D.STOR PRODUCT, Creations or Combined Works in a manner that competes with CV3D.STORE.

2.2.8        Use the CV3D.STORE PRODUCT for any activities in which the failure of the CV3D.STORE PRODUCT could lead to death, personal injury, or severe physical or environmental damage. The CV3D.STORE PRODUCTS are not intended for use in the operation of nuclear facilities, life support systems, emergency communication, aircraft navigation or communication systems, air traffic control systems, power plant design or operation, or any other such activities.

2.2.9        Reverse engineer, decompile, disassemble, hack, port the CV3D.STORE PRODUCT.

You agree and acknowledge that:

2.2.10   CV3D.STORE PRODUCTS are only compatible with the software and versions of the software clearly indicated at time of sale.

2.2.11   CV3D.STORE have no obligation to provide continued interoperability or functioning of any CV3D.STORE PRODUCT with any Third Party Software, or version of software that the CV3D.STORE PRODUCT has not clearly been indicated to be compatible with.

3.       DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 

3.1  You must comply with all applicable laws regarding the use of any CV3D.STORE PRODUCT.  Without limiting the previous sentence, you must not use any CV3D.STORE PRODUCT for any immoral, illegal or other purpose that we determine to be threatening, abusive,  harmful or cause reputational damage to us or any Third Party Licensor (including any other purpose which is detrimental to our interests).

4.       TERMINATION

4.1  You may terminate this Agreement at any time by manually deleting the CV3D.STORE PRODUCTS from your computer.

4.2  If you violate this License Agreement, your authorization and license to use the CV3D.STORE PRODUCT shall automatically terminate, and you must immediately discontinue use of and destroy any downloaded CV3D.STORE PRODUCT.

5.       INTELLECTUAL PROPERTY

5.1  All CV3D.STORE PRODUCTS and other files and materials created by CV3D.STORE is/are copyrighted. All rights, all titles and all Intellectual Property Rights to these CV3D.STORE PRODUCTS and materials are owned and reserved by CV3D.STORE and, as applicable, the Third-Party Licensors.   These rights are protected by copyright laws, international treaty provisions and other applicable laws.

5.2  You shall not at any time, either personally or by means of third parties, make any statement or disclosure or supply any information or material (including, without limitation, the CV3D.STORE PRODUCTS [or any portion thereof] to any third party or the public relating to any matter arising hereunder or to the affairs of CV3D.STORE coming within Your knowledge by reason of this Agreement.  ALL CONFIDENTIAL AND PROPRIETARY INFORMATION IS PROVIDED ON AN "AS-IS" BASIS.

5.3  CV3D.STORE does not make any representation or warranty as to the accuracy or completeness of the Confidential and Proprietary Information or any component thereof. No license of any intellectual property rights, or any other rights, is granted by any disclosure of Proprietary Information.

5.4  Trade marks and intellectual property not owned by CV3D.STORE may be appearing in CV3D.STORE PRODUCTS, CV3D.STORE websites and materials and may not be owned by us, and remain the property of third parties.

6.       PRICE AND PAYMENT

6.1  CV3D.STORE PRODUCTS are non-refundable.

6.2  You are responsible for any Tax payable in relation to the purchase of CV3D.STORE PRODUCTS

7.       WARRANTIES

7.1  To the maximum extent permitted by law, CV3D.STORE expressly disclaim all warranties, representations and guarantees of any kind, whether oral or written, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement (including any warranty under Part 3 of the Contract and Commercial Law Act 2017).CV3D.STORE PRODUCTS are provided on an “as is” and “as available” basis and CV3D.STORE accepts no responsibility for any loss or damage, of any kind, resulting from the use, inability to use or otherwise misuse of the CV3D.STORE PRODUCTS.

7.2  To the extent the implied warranties of merchantability, fitness for a particular purpose and non-infringement (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) cannot be excluded, liability for them is limited to AU$100.

7.3  Where legislation or rule of law implies into this agreement a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in this agreement.  However, our liability for any breach of that condition or warranty is limited, at our option, to:

7.3.1        To the maximum extent permitted by law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the CV3D.STORE PRODUCTS.  

7.3.2        You will, prior to Purchase, determine the need for and, if appropriate, obtain any needed third-party clearance, consent, or release to use Other-Party Intellectual Property shown in digital renderings and drawings and videos of CV3D.STORE PRODUCTS, and shall not use CV3D.STORE PRODUCTS to infringe any party's Intellectual Property rights.

7.4  To the maximum extent permitted by applicable law, we do not warrant that:

7.4.1        Any CV3D.STORE PRODUCT will meet your requirements or provide specific results in relation to your business;

7.4.2        The operation of any CV3D.STORE PRODUCT will be uninterrupted, virus or error-free; or

7.4.3        Any error will be corrected.

7.5  To the maximum extent permitted by law, you expressly acknowledge and agree that use of any CV3D.STORE PRODUCT is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The parties agree that:

7.5.1        To the maximum extent permissible by law, the Consumer Guarantees Act 1993,  sections 9, 12A and 13 of the Fair Trading Act 1986, and any other applicable consumer protection legislation, do not apply to the supply of the CV3D.STORE PRODUCTS or this agreement; and

7.5.2         It is fair and reasonable that the parties are bound by this clause 7.6.

8.       LIMITATION OF LIABILITY

8.1  To the maximum extent permitted by law, in no event (including, without limitation, negligence) will CV3D.STORE be liable to you or any third party for:

8.1.1         Indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever;

8.1.2        Loss of profits, revenue, data, use, goodwill, or other intangible losses;

8.1.3        Any claim, damage, loss, liability and cost under or in connection with this agreement, the CV3D.STORE PRODUCTS, or relating to your access to, use of, or inability to access or use any CV3D.STORE PRODUCTS or any access or use by unauthorised third parties;

8.1.4        Damages relating to any conduct or content of any third party or user, including without limitation, defamatory, offensive or illegal conduct or content; and

8.1.5        Damages in any manner relating to any CV3D.STORE PRODUCTS.

8.2  To the maximum extent permitted by law, this limitation applies to all claims, whether based on warranty, contract, tort (including negligence), equity, breach of statutory duty or any other legal theory, whether or not we have been informed of the possibility of such damage and notwithstanding any other provision of this agreement.

8.3  To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 do not apply, our total liability, under or in connection with this agreement or relating to the CV Apps, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed AU$100

9.       INDEMNITY

9.1  You indemnify CV3D.STORE and our personnel against all losses, claims, damages, liabilities, costs and expenses (including in relation to any claim made by a third person), arising from: 

9.1.1        The use of any CV3D.STORE PRODUCT by you;

9.1.2        Any breach by you of our Intellectual Property Rights; and

9.1.3        Any failure by you to comply with your obligations under this agreement.

10.  THIRD PARTY SOFTWARE

10.1           The provisions of this clause 10 are not intended to be read as limiting any other provision of this agreement.

10.2           To use the CV3D.STORE PRODUCTS, it may be necessary for you to install and use Third Party Software.  In addition, the CV3D.STORE PRODUCTS may display, include or make available content, data, information, services or materials from third parties or provide links to certain third party websites.  We are not responsible and provide no representation or warranty in relation to any linked website not owned or controlled by us or for any use of a Third Party Software, including its content, use or the privacy practices of that third party. 

10.3           We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any information provided by a third party, including through Third Party Software.

11.  GENERAL PROVISIONS

11.1           This agreement constitutes the entire agreement between you and us relating to your use of the CV3D.STORE PRODUCTS and supersedes all prior negotiations, commitments, writings, agreements and understandings both written and oral between the parties.  The parties have not relied on any representation, warranty or agreement relating to this agreement and the CV3D.STORE PRODUCTS that is not expressly set out in the agreement, and no such representation, warranty or agreement has any effect from the date of this agreement. 

11.2           Licensee before using the CV3D.STORE PRODUCTS gives consent to the collection, use and processing of the applicable personal data by CV3D.STORE.

11.3           The Licensee does not have the right to assign this Agreement.

11.4           CV3D.STORE may assign this agreement at any time at its sole discretion and without your consent.

11.5           If at any time any provision of this agreement is or becomes illegal, invalid or unenforceable in any respect, that provision will be read down to become legal, invalid or unenforceable or, if that is not possible, deleted.  The other terms of this agreement will continue to apply with full force and effect.

11.6           The exercise or waiver, in whole or in part, of any right, remedy or duty provided for in this agreement will not constitute the waiver of any prior, concurrent or subsequent right, remedy or duty within this agreement.  No waiver by any party of any provision of this agreement is valid unless it is in writing and signed by an authorised representative of the party against which the waiver is sought to be enforced.

11.7           This agreement is governed by and construed in accordance with Australian laws. Any disputes that arise regarding the existence, interpretation and enforcement of the contract will be deferred to Australian judicial authorities. United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

 

12.  DEFINITIONS

12.1           CV3D.STORE PRODUCT means the Cabinet Vision Catalogues and 3D models developed by us that are available for download at https://CV3D.store/