BIM Pure
Terms & conditions
Last updated: January 05, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Quebec, Canada
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BIM Pure Productions, 365 Rue Bouffard, Québec, QC, Canada, G1N 3C9.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to BIM Pure, accessible from https://bimpure.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Refunds may be available for paid Services as described in Our Refund Policy below: If the Product You purchased is not what You were expecting, You can request, within 14 days of your purchase of the Product, that We will refund to Your original payment method. We will not provide any refund if You request it after the 14-day guarantee time limit has passed.
In order to request a refund, please email here: Send an email to [email protected] with the subject line “Refund Request”.
If We believe You are abusing Our refund policy, such as if You’ve consumed a significant portion of a Product that You want to refund or if you’ve previously refunded a Product, we reserve the right at Our discretion, to deny such refund, disable Your User Account and/or restrict all future use of the Services/ Product(s). If We disable Your User Account or disable Your access to Our Product due to Your violation of these Terms or other Our policies, You will not be eligible to receive a refund.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
Privacy Policy
Pursuant to applicable data protection laws, consider that:
If You live in a country that is a member of the European Economic Area, the way your data is processed and the current Privacy Policy shall be governed by the General Data Protection Regulation or Regulation [UE] 2016/679("GDPR").
If you live in a country outside the European Economic Area, collection of your personal data shall be governed according to the privacy laws of the State of California, USA.
Our Company is responsible for personal data: BIM Pure Productions Inc., with registered offices in 365 Rue Bouffard, Quebec City, QC, Canada, G1N 3C9.
To contact the representative Nicolas Catellier (Data Protection Officer), You may send an email to: [email protected]
In order to register and navigate the Platform, you need to be older than 16. We may but are not obligated to use your personal information to verify your age and ensure the enforcement of this restriction.
What Does The Personal Information We Collect Can Include?
Personal Information Provided by You:
- First and last name
- Email address
- Billing zip code and/or country of residence
- Country
- Region, province or state of residence
- City
- IP address
- Date of initial login on our service
- Date of last login on our service
- Number of modules completed for each purchased course
How do We use Your personal data?
We may use personal information data in-house in order:
- To provide and operate the Services;
- To develop, customize, expand, and improve Our Services;
- To provide You with customer assistance;
- To enhance Our data security and fraud prevention capabilities;
- To comply with any applicable laws and regulations.
To which extent and to whom does We disclose Your personal data?
We use personal information collected via Our Services for a variety of business purposes described below. We process Your personal information for these purposes in reliance on Our legitimate business interests, in order to enter into or perform a contract with You, with Your consent, and/or for compliance with Our legal obligations. We indicate the specific processing grounds We rely on next to each purpose listed below.
We use the information We collect or receive:
- To facilitate account creation and login process. We use the information You allowed Us to collect to facilitate account creation and login process for the performance of the contract;
- To send administrative information to You. We may use Your personal information to send You product, service and other related information and/or information about changes to Our terms, conditions, and policies.
- Fulfill and manage Your purchases. We may use Your information to fulfill and manage Your purchases made through Our Website;
- To enforce Our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual;
- To manage User Account. We may use Your information for the purposes of managing Your account and keeping it in working order;
- To respond to legal requests and prevent harm. If We receive a subpoena or other legal request, We may need to inspect the data We hold to determine how to respond. We may disclose aggregate information about Users for such legal purposes;
- To deliver services to the user. We may use Your information to provide You with the Services/Products.
- For other Business Purposes. We may use Your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns, to evaluate and improve Our Services, products, marketing and Your experience. We will not use identifiable personal information without Your consent.
Will Your information be shared with anyone?
When You create an account with Us You give Your consent that We may process or share data based on the following legal basis:
Legitimate Interests: We may process Your data when it is reasonably necessary to achieve Our legitimate business interests.
Legal Obligations: if We reasonably suspect that Your Account has been used for an unauthorized, illegal, or criminal purpose, You give Us express authorization to share information about You, Your Account, and any of Your transactions with law enforcement. We may disclose Your information where We are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose Your information where We believe it is necessary to investigate, prevent, or take action regarding potential violations of Our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which We are involved.
For How Long Do We Keep Your Information?
We keep Your information at least for 2 years or otherwise as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.
We will only keep Your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
When We have no ongoing legitimate business need to process Your personal information, We will either delete or anonymize it, or, if this is not possible then We will securely store Your personal information and isolate it from any further processing until deletion is possible.
If You claim Your personal information to be deleted and Your account with Our Services to be cancelled, We will cancel Your account and information associated with it to exercise Your right “to be forgotten”.
Where do We store Your data?
We store Your data on Our servers and We also use third-party storage providers to keep Your Data. Our data storage providers are contractually committed to protect and secure your data. Third-Party Service Providers that store or process your Personal Information are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
Account Information
If You would at any time like to review or change the information in Your account You can log into Your account settings and update Your account or request such changes by notifying Us at [email protected].
Opting out of email marketing
You can unsubscribe from Our marketing email list at any time by contacting Us via Our Contact Center by email at [email protected]. You will then be removed from the marketing email list; however, We will still need to send You service related emails that are necessary for the administration and use of Your account.
Users added with group transactions are not added to marketing email lists.
Users Outside of the U.S.
In order to provide the Services/Products to You, We have the right to transfer your data to the area or Service provision and process it there. By visiting or using our Services, you consent to storage of your data on servers located in the country of Our residence. Specifically, personal data collected in the United Kingdom (“UK”), Switzerland, and the European Economic Area (“EEA”) may be transferred and stored outside those areas.
California Residents Privacy Rights
If You are located in California this provision applies to You. California Civil Code Section 1798.83 permits Our Customers who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) We disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which We shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please submit Your request in writing to Us using the contact information provided below.
If You are under 18 years of age, reside in California, and have a registered account with Our Website, You have the right to request removal of unwanted data that You publicly post on the Services. To request removal of such data, please contact Us using the contact information provided below, and include the email address associated with Your account and a statement that You reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from Our systems.
California Privacy Disclosure:
Under the California Consumer Privacy Protection Act (CCPA), We are required to provide you with information about the information We may collect, the purpose for which We collect such information, the sources of that information, and the categories of third parties with whom We share that information. Please see the “What Personal Information We Collect Includes” section above.
Notice to Residents of the State of Nevada:
If You are a resident of Nevada, You have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting Us at [email protected] and providing Us with Your name and the email address associated with Your account. Please kindly note that We do not currently sell Your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
DMCA Rights
As required by law We will respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:
Name: Nicolas Catellier
Address: 365 Rue Bouffard, Québec, QC, Canada, G1N 3C9
Changes
From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.
As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes any previous Privacy Policies.