Skeinforce

Skeinforce Website Terms of Use

Legal Information & Notices

Ownership of Website; Agreement to Terms of Use

These Terms of Use (the Terms of Use) apply to your access to the Skeinforce website, which is maintained at www.skeinforce.com, and all associated sites linked to www.skeinforce.com by Skeingroup Pte. Ltd. (company registration no. 201713629G), a company incorporated in the Republic of Singapore (Skeingroup), including the building information modelling application on such site (the Website).

The Website is the property of Skeingroup and its licensors. By using the Website, you agree to these Terms of Use; if you do not agree, do not access or use the website or the Application.

Skeingroup reserves the right, at its sole discretion and without prior notice to any User (as defined below), to amend, change, modify, add or remove portions of these Terms of Use, at any time by publishing such amendments on the Website, which shall become effective immediately after such amendment appears on the Website. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

As long as you comply with these Terms of Use, Skeingroup grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Meaning of User
1. The Website serves as an online platform to enable professionals and businesses in the construction industry to connect and transact with one another.
2. User, You or Your refers to any person using this Website. Users may either be identified as “SkeinPros” or “Skeins”.
3. Where an individual accesses and uses the Website as a representative and agent of a corporate User, he or she accordingly confirms, represents and warrants that he or she has been duly authorised, and has the power and authority, to access and use the Website and enter into the transactions contemplated thereunder on behalf of the corporate User to which he or she represents and/or is an agent of.
4. Interpretation
  In these Terms of Use, unless the context otherwise requires:
  1. person refers to an individual, a firm, a body corporate or an unincorporated association;
  2. any reference to any legal entity or individual persons includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees;
  3. a reference to including means including, without limitation;
  4. words importing the singular include the plural and vice-versa; and
  5. words importing a gender will include all other genders.
5. Registration
  1. There may be various classes of registered users of the Website (as stipulated by Skeingroup from time to time and collectively, Registered Users and each a Registered User) and the availability of certain functions on the Website are made available only to certain classes of Registered Users (including “Skein” or “SkeinPro”).
  2. The required application form must be completed and submitted (to the satisfaction of Skeingroup) to be registered as a Registered User.
  3. Upon successful registration, Skeingroup will assign the Registered User an account (User Account).
  4. Corporate Users who are applying to become Registered Users may request in its application that one or more members in its organisation (each a Delegate) be registered and granted access to the Website.
  5. Skeingroup has the sole and absolute discretion whether to:
    1. register a User or Delegate; and
    2. create a User Account,
      and reserves the right at any time and without notice, to suspend, cancel or terminate a User’s or a Delegate’s access to the Website, or any User Account (including on the grounds of any suspected misuse or negligent use of the Website).
Use of Website
1. User’s responsibility
  1. The User shall be responsible for all access to and activity on the Website whether by its Delegate(s) (in the case of corporate Registered Users) or by any other person, and whether or not the User is aware of and/or has consented to such access and activity of such Delegate(s) (in the case of corporate Registered Users) or other person.
  2. The User shall not access or use the Website in territories where such access or use may contravene any local law or is otherwise illegal or unlawful. The User acknowledges that it is responsible for compliance with all laws where it accesses or uses the Website.
2. By accessing this website and/or using the Website, the User agrees that it will not:
  1. use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  2. use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of any other person, including others’ privacy rights;
  3. impersonate any person or entity, falsely state or otherwise misrepresent its affiliation with any person or entity in connection with the Website or express or imply that Skeingroup endorses any statement that it makes;
  4. interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;
  5. transmit, cause to transmit or otherwise make available in connection with the use of the Website any virus, worm or other computer code:
    1. that is harmful, invasive or malicious;
    2. which may damage the operation of any hardware, software of equipment; or
    3. which may be used to monitor the use of any hardware, software or equipment;
  6. misappropriate or utilise the intellectual property of any third party (including, without limitation, any trademarks or logos) without obtaining the necessary consents or licence(s) (if applicable);
  7. remove any copyright, trade mark or other proprietary rights notice from the Website;
  8. or
    as a result of its use of the Website, be engaged in any business that is contrary to the laws of the time of any jurisdiction.
3. In addition to any other undertaking by the User provided in connection with the use of the Website, the User:
  1. shall pay such fees and charges (if and when applicable) as Skeingroup may prescribe, or as may be agreed with Skeingroup, from time to time with respect to the use of the Website or for the provision of any services provided through the Website;
  2. agrees to provide to Skeingroup, immediately upon Skeingroup’s request, such information regarding the User, including without limitation, on any matter the subject of these Terms of Use and the User’s compliance therewith;
  3. shall ensure that it and each of its Delegates shall only use any Personal Data (as defined in Skeingroup’s privacy policy) of any User received through the Website for the business or commercial purposes for which such Personal Data was communicated to that User or any of its Delegates; and
  4. shall immediately notify Skeingroup and stop accessing and using the Website if the User becomes aware of any breach of these Terms of Use, or if any representation or warranty given by it becomes untrue, inaccurate or misleading (such notification should be sent by writing to Skeingroup
    (i) at skein@skeinforce.com for skeins and
    (ii) at skeinpro@skeinforce.com for skeinPros).
4. Skeingroup reserves the right to, and may, at any time change, modify, suspend or discontinue the whole or any part of the Website. The User acknowledges and agrees that Skeingroup shall be entitled at any time, at its sole and absolute discretion, and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Website without assigning any reason therefor.
5. Skeingroup further reserves the right, at its sole discretion at any time, to remove, or to refuse to disseminate, distribute or otherwise continue to allow, any information, text, links, graphics, photos, files or other materials or arrangements of materials from being uploaded to, downloaded from, or appearing on, the Website.
Representations and warranties
By accessing and using the Website, the User confirms, represents and warrants to Skeingroup as follows:
1. (if the User is an individual) that he or she has the capacity to and has obtained all necessary consents to utilise the Website and to comply with these Terms of Use;
2. Where the User is accessing the Website as a representative of a company or corporation, such company or corporation is duly incorporated (where applicable) and validly existing under the laws of the country of its incorporation, with full power and authority to perform and comply with its obligations in relation to the use of the Website and the transactions contemplated thereunder (if any) and pursuant to these Terms of Use;
3. all actions, conditions and steps required to be taken, fulfilled and done (including the obtaining of any necessary consents) in order to enable it lawfully to perform and comply with its obligations in relation to the use of the Website, the transactions contemplated thereunder and pursuant to these Terms of Use, and to ensure that such obligations are legally binding on and enforceable against it, have been taken, fulfilled and done;
4. its entry into, or performance of or compliance with its obligations in relation to the use of the Website, the transactions contemplated thereunder and pursuant to these Terms of Use do not and will not breach any law to which it is subject, its constitutional documents or any agreement to which it is a party or which is binding on it or its assets;
5. the User has full rights to the copyright of any content submitted, posted, transmitted or made available by the User on the Website and in submitting, posting, transmitting or making available any such content on the Website, the User has not infringed the rights of any third party;
6. its obligations in relation to the use of the Website, the transactions contemplated thereunder and pursuant to these Terms of Use are valid, binding and enforceable;
7. all information furnished by it or on its behalf it is true, authentic, accurate, up-to-date, verifiable and complete; and
8. it is not illegal or unlawful for it to access the Website from the territory in which it is doing so.
Information on the Website
1. Skeingroup makes no representation, warranty or undertaking, express or implied, to anyone in relation to the functionality or otherwise of the Website or the information and materials provided on the Website. Without prejudice to the generality of the foregoing, Skeingroup makes no representation, warranty or undertaking (as the case may be), express or implied, to any person that:
  1. the Website will be available at all times or available at all;
  2. any individual function or feature of the Website will be uninterrupted and/or error free;
  3. the Website will be free of viruses, malware or other harmful components;
  4. the Website will be compatible with all software and hardware or that it will be secure (although reasonable measures will be taken to maintain the security of the Website);
  5. the Website is of satisfactory fitness or quality for any general or specific purpose;
  6. any defects or errors on the Website will be corrected immediately and promptly;
  7. the information on the Website is appropriate or available for use in connection with any general or specific purpose; or
  8. the information on the Website, marketing material or in any documentation that Skeingroup prepares is true, authentic, accurate, up-to-date, verifiable or complete.
2. The content and material made available on or through the Website is for general informational purposes only. Nothing on the Website constitutes or should be construed to constitute:
  1. Skeingroup making or offering to make or inducing or attempting to induce any person to enter into or to offer, a solicitation, an invitation, advice, recommendation or endorsement to buy or sell any product or service that is not offered by Skeingroup; or
  2. Skeingroup providing or offering advice of any kind.
Third party links and Services
1. The Website may contain links to other websites and online resources which are not maintained or operated by Skeingroup. The access and use of such third-party websites and resources linked to or referenced or accessed through the Website is at the User’s own risk. Skeingroup is not responsible for and does not endorse the availability or contents of such third-party websites or resources and shall not be liable to any party for any damages or loss of any type whatsoever, including, without limitation, any computer viruses, Trojan horses, worms or similar items or processes), arising from the availability of contents of those third-party websites or resources. Any “suggestions” or “recommendations” on the Website, including links to suggested pages on the Website do not amount to endorsements and may be paid for. Accordingly, they should not be construed as being an independently made and/or a recommendation for any product and/or be considered to have been assessed to be suitable for the User.
2. The User acknowledges that the Website may include advertisements which may be sent unsolicited to it. The User’s dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and any such advertiser. The User agrees that Skeingroup shall not be responsible or liable for any loss or damage of any sort suffered or incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or for the quality of any product or service obtained from any such advertiser or third party.
Personal data
1. The User acknowledges and confirms that it has reviewed Skeingroup’s privacy policy (a copy of which is available on the Website) and agrees to its terms.
2. In particular, the User consents to:
  1. receiving communications or other notifications (through any medium whatsoever) from Skeingroup, which may include marketing materials such as newsletters, updates and promotions about the Website (which may be paid for);
  2. receiving communications from other users of the Website (whether through the Website or otherwise) where they have indicated an interest to be contacted by such other users of the Website (whether by creating a request on the Website or requesting that a market campaign be conducted or otherwise);
  3. their contact or other data being shared by Skeingroup with any other user of the Website in connection with the above; and
  4. by clicking on third party links, the collection of data and information (including the identity of the User) relating to such clicks.
3. If you wish to suspend your account, please either click on the relevant button under the User’s settings or write to Skeingroup
  (i) at skein@skeinforce.com for Skeins and
  (ii) at skeinpro@skeinforce.com for SkeinPros. However, please note that any information previously provided may be retained by Skeingroup and it may not be possible to remove all data. Please also note that:
  1. Skeingroup may take up to 30 days to review the request to suspend an Account;
  2. Skeingroup will write back to the relevant User to confirm such request - any specific requests in respect of the Account should be communicated to Skeingroup in the relevant User’s response; and
  3. upon further confirmation, Skeingroup will take the necessary steps to suspend the User’s account.
  In the event that the User does not receive a response from Skeingroup within the 30 day period referred to in paragraph (a) above (whether due to a failure in any delivery system, technical error or otherwise), the User should repeat the steps set out in this Clause 6.3 until such a response is received.
4. Where any personal data is provided by any User to Skeingroup that was / is collected by that User or from third party sources or individuals that User confirms, represents and/or understands that:
  1. the relevant consents for the purposes set out in these Terms of Use and/or the privacy policy have been obtained by that User from all relevant individuals to whom the personal data relates; and
  2. it is authorised by such individual to provide such consent on his / her behalf.
5. Any consent given pursuant to these Terms of Use in relation to any personal data shall, subject to all applicable laws and regulations, survive death, incapacity, bankruptcy or insolvency of any such individual.
6. If Skeingroup engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all of the information of Users may be shared or transferred, subject to standard confidentiality arrangements.
Intellectual property
1. “Skeinforce”, “Skein”, “SkeinPro” and “SkeinBIM” are trade marks of Skeingroup. All other names and logos identifying the Website and its services are either:
  1. proprietary marks of Skeingroup; or
  2. marks which Skeingroup is licensed to use.
  Subject to paragraph 7.2 below, these Terms of Use shall not be construed in any way as providing the User with any licence or any mark or of any other intellectual property of Skeingroup or any third party.
2. The copyright in the content of all the pages on the Website (hereinafter, Website Content) is owned by Skeingroup (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
  1. provided that these Terms of Use are complied with, a User may:
    1. view and display the content of the Website; and
    2. print or download to a local or network hard drive extracts from or whole pages for record keeping purposes, provided no copyright notice may be deleted from any such printouts and downloads.
  2. no paper or digital copies of any materials that have been printed off or downloaded in any way from the Website may be modified, and no illustration, photograph, video or audio sequence or any graphics therefrom may be used separately from any accompanying text.
3. By accessing and using the Website, and save as permitted in paragraph 7.2, the User shall not imitate, modify, copy, extract, reverse engineer, disassemble, decompile, distribute, transmit, display, perform, reproduce, re-utilise, publish, license, create derivative works from, transfer, or sell, in full or in part and in any way, the Website or any Website Content. The User acknowledges that unauthorised modification and/or interference, misuse, abuse or unauthorised use of the Website or any Website Content may violate Skeingroup’s and/or third party owners' intellectual property rights, and may also be an offence under applicable laws.
4. Without prejudice to the foregoing, the User further agrees that it shall not:
  1. reproduce or use any part of the Website to create and/or publish its own database which would compete with Skeingroup or the Website;
  2. frame or use framing techniques to enclose any trade mark, logo, or other proprietary information of Skeingroup; or
  3. link to any part of the Website, other than the home page, for any commercial purpose, unless Skeingroup’s express written consent has been obtained.
Limitations of Skeingroup’s liability; indemnity
1. Neither Skeingroup nor any of its officers, employees or representatives shall be liable in contract, tort (including any breach of any statutory duty) or otherwise for any loss, claims, costs or expenses, or any special, indirect or consequential damages of any nature whatsoever, suffered or incurred by the User as a result of, or in connection with, the use of the Website including, without limitation:
2. Skeingroup neither assumes nor accepts any liability for any loss or damage (whether direct or indirect), however caused, as a result of any computer viruses, Trojan horses, worms or similar items or processes arising from any User’s use of the Website.
3. The User shall indemnify Skeingroup and hold Skeingroup harmless in respect of any loss, liability, cost, claim, action, demand, expense or damage of whatever nature (including, but not limited to, all costs, charges and expenses paid or incurred in disputing or defending the foregoing) which Skeingroup may incur or which may at any time be brought against, suffered or incurred by, or imposed on Skeingroup arising out of or in connection with the access and use of the Website, including (without prejudice to the generality of the foregoing):
  1. any breach of any term (including any breach or inaccuracy of any representation or warranty) under these Terms of Use by the User;
  2. any statement, act, omission, fraud, negligence or default whatsoever of the User or any of its Delegates, officers, employees, representatives or agents (which the User agrees that it shall be fully and solely liable and responsible for);
  3. any of the User’s information (whether personal or otherwise) being shared with other users of the Website, on the Website, for the purpose of consulting in relation to, without limitation, projects, marketing campaigns, surveys or events which the User has initiated or indicated an interest in through the Website;
  4. any content submitted, posted, transmitted or made available by the User on the Website;
  5. the User’s use of the Website; and
  6. any enforcement or attempted enforcement by Skeingroup of its rights or remedies against the User or any of its Delegates, officers, employees, representatives or agents.
Acknowledgement and disclaimers
1. The User understands, acknowledges and agrees that Skeingroup does not and will not provide any endorsement or otherwise conduct any due diligence in respect of any product on the Website and Application or any User
2. The User further understands, acknowledges and agrees that:
  1. nothing in these Terms of Use shall be construed to create a partnership, joint venture, agency or employment relationship between Skeingroup and the User;
  2. the User has taken, or will take, the necessary independent legal, tax, financial or other advice in connection with its use of the Website; and
  3. Skeingroup is not responsible for, and gives no warranty in respect of, any goods or services offered by any other User (including, without limitation, any materials, resources and/or BIM models linked on or referenced or accessed through the Website);
  4. Any suggestions for, or any labels describing, links to third party websites or content are not intended to be and are not to be construed as a representation or warranty as to the quality and/or reliability of services and/or products (whether physical or virtual) nor of such links, websites or content or that any such links, websites or content are secure or any endorsement or recommendation of the same; and
  5. any transaction entered into between the User and any other User which is facilitated through the use of the Website is between the Users solely and Skeingroup shall not be responsible for any such transactions.
Partial invalidity
If any provision in these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction in whole or in part, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or the legality, validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use.
Governing law
Use of the Website, the Application and these Terms of Use shall be governed by Singapore law.