Legal Disclaimer for emails and attachments
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This email and any attachment including data files (collectively “File”) are provided by Totem Studio Architects Limited.
This File contains confidential information and may be legally privileged. If you have received it in error, you may not read, use, copy or disclose this File. In that event, please let us know immediately by reply email and then delete this File from your system. While we use standard virus checking software, we accept no responsibility for viruses or anything similar in this File after it leaves our information systems.
Restrictions on use of File
The disclaimer below is subject only to any written understanding between Totem Studio Architects Limited and the recipient of this disclaimer.
The File is provided by Totem Studio Architects Limited to you the user (individually, a “User”, or collectively, “Users”) at the User’s request. The User agrees that on opening this File its use is subject to the terms and conditions stated below.
The File is solely at the User’s risk and that the User assumes full responsibility and liability in connection with the User’s use of the File and the information and/or data contained in it. The User agrees that Totem Studio Architects Limited has no responsibility for any deficiencies, inaccuracies, errors and/or omissions contained in the File or the data and/or information in it.
The User is responsible for verifying correctness and completeness of all data included within the File. Totem Studio Architects Limited has no responsibility for any deficiencies or defects in the User’s documents, work and/or services resulting from the User’s use of the File.
Totem Studio Architects Limited specifically disclaims all warranties whether express, implied or statutory, including, without limitation, all warranties of merchantability, title, fitness for purpose, constructability non-infringement, compatibility, security or accuracy and User’s use of the File is at its own risk. User assumes full responsibility and risk of loss resulting from use or inability to use the File or its content.
The User agrees that the File will be used solely and exclusively for the purposes for which Totem Studio Architects Limited provided it and that the User will not use the File and the data and/or information contained therein, in whole or in part, for any other purpose. The User further agrees that the File will continue to be kept confidential by the User, and that it will not be disclosed in any manner, transferred or exchanged to any third parties by the User without the express written consent of Totem Studio Architects Limited.
The User further agrees to obligate any contractor, consultant or other party who uses the File to be bound by the terms and conditions contained herein.
All intellectual property rights in the File belongs to Totem Studio Architects Limited. The User further agrees that the File contains information that is confidential and proprietary to Totem Studio Architects Limited, and as between the User and Totem Studio Architects Limited (but subject to the rights of the Client) Totem Studio Architects Limited retains the copyright and all other reserved rights in the work product reflected in the File that was prepared by Totem Studio Architects Limited.
If the File is altered in any way, all references to Totem Studio Architects Limited shall be removed and the author will assume total responsibility for all the information contained therein.
BIM Model Files
The files are Totem Studio Architects Limited's property and shall not be transmitted or communicated in any way to any other parties, or used for any purpose other than associated with this particular project.
For the avoidance of doubt, unless expressly stated in the terms of contract this BIM model does not form part of the contract deliverable.
Unless expressly stated in the terms of contract, the model is provided to serve as a reference only and our two-dimensional drawings take precedence. The user or recipient is not to rely upon data and/or information contained in the model. The model is based on data and information supplied to Totem Studio Architects Limited by the client and other parties, and as such, the accuracy of the model is entirely reliant on the accuracy and completeness of the supplied data and information.
Totem Studio Architects Limited makes no representations or warranties, express or implied, regarding the model, or the data and information contained therein. To the maximum extent permitted by law, Totem Studio Architects Limited disclaims all warranties whether express or implied, including without limitation, all warranties or merchantability, title and fitness for purpose, and the user assumes full responsibility for a loss resulting from any errors, variants, or omissions in the supplied data and/or information, and the use, or inability to use, the model.
The BIM model provided has been created for the purpose of tendering and consenting, generally in accordance with the NZCIC guidelines. They have not been created for the purposes of fabrication. As described in the specifications, further detail and coordination will be required for the purposes of fabrication.
The models do not purport to contain all relevant existing site information.