1. To help you to understand these Terms, here is a summary.
a) These Terms apply when you use the website available at https://lfview.com/ (“Website“), when you register an Account and when you use View.
b) Prior to uploading Material to View, you mustensure that you own the Material or have the express consent of the owner of the Material to upload the Material in accordance with these Terms.
c) You agree to pay (where relevant) for your Account when Fees are due, in accordance with these Terms
3. Please familiarise yourself with these Terms prior to using the Website or registering an Account. You must observe them at all times when using View and the Website. Your use of View and the Website is your agreement to be bound by these Terms.
4. Defined terms in these Terms are as follows:
a) “Account” – means an account that you create to allow you to access and use View in accordance with any relevant restrictions or entitlements.
b) “Author” – a User that uploads Material to View.
c) “Copy” (verb) – copy, reproduce, reverse engineer, modify, adapt, create a derivative work, redistribute, re-post. “Copy” (noun), “Copies” and “Copying” have corresponding meanings.
d) “Fee” – the fees and charges payable by you in relation to View as specified on the Website and as amended from time to time.
e) “Material” – messages, files, data, software, images, photographs, code and other such materials uploaded to View by a User.
h) “User” – any individual with an Account who is authorised to access and use View subject to these Terms.
i) “View” – the subscription based 3D modelling and collaboration tool available through the Website.
j) “Virus” – any program code or programming instructions, or any thing or device, which may damage, interfere with, impair or otherwise adversely affect the operation of the Website (or anything provided by us on and/or through the Website), prevent or hinder access to any program or data; or enable unauthorised access to any program or data; impair or disrupt the operation of any program or the reliability of any data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise), including malicious code, trojan horses, worms, spyware, malware, computer viruses, logic bombs, backdoors, disabling code and other similar things. “Viruses” has a corresponding meaning.
k) “we” – Seequent Limited; “Seequent” “us” and “our” have corresponding meanings.
l) “you” – the person accessing or using View or the Website; “you”, “your” and “yourself” have corresponding meanings.
Using View and the website
5. You may only use View and the Website in accordance with these Terms and subject to any usage rights and restrictions applicable to your Account. Your use of View is subject to you complying with all your obligations under these Terms.
Registering an account
6. To use View you must register an Account. When you apply to register an Account, you will be required to provide certain information. You agree to keep all such information up to date. By creating an Account, you will also create a profile in our customer portal, My Leapfrog. Please review the My Leapfrog Terms which relate to your My Leapfrog profile and use of My Leapfrog.
7. Please note, you may only use one email address to register an Account. If you are applying for an Academic discount on Fees this must be a valid email address from a recognised educational institute.
8. When you submit an application to register an Account, you warrant and represent that:
a) you are over 18 years and have the capacity, and all necessary powers and authorisations, to enter into and carry out the obligations under these Terms;
b) in performing the obligations under these Terms, you will not violate any laws, rules or regulations which you are bound by;
c) all information provided by you is complete and accurate; and
d) you will use View for your own personal purposes or where you use View on behalf of a third party (such as your employer, customer or client) you will use View strictly in accordance with the authorisations and permissions given by such third party.
9. Where you are using View on behalf of a third party (such as your employer) or providing a service to a third party (such as a customer or client), you acknowledge that we will not be liable to you or any such third party for any losses suffered as a result of your provision of any such services of View to, or use on behalf of, that third party. You agree to indemnify us for and against any and all costs, losses, claims, damages and expenses suffered by us arising out of or in relation to any claim by any third party relating to your use of View, either on their behalf, or where you provide them with services, including, but not limited to, through your failure to have all necessary authorisations.
10. We may decline to register your Account for any reason including if we have previously terminated an account set up by you because you failed to comply with these Terms.
Password and security
11. When you apply to register an Account, you will be required to provide an email address and create a unique password.
12. It is your responsibility to keep your password safe and secure at all times. You must not allow your password to be disclosed to any third party. You agree:
a) you will not use a password that is easily guessed or relates to your easily identifiable personal information. This includes passwords that are comprised of birth dates, telephone numbers and sequential numbers.
b) to take all reasonable steps to prevent someone misusing or gaining unauthorised access to your computer system or to any codes or passwords you use to access View;
c) to regularly scan and remove any Viruses and otherwise ensure your computer system and data are free of such Viruses;
d) that we will not be held responsible or liable for any losses that you suffer as a result of your password being disclosed to, or accessed by, a third party through no fault of our own;
e) to immediately notify us of any security breach of your Account;
f) to indemnify us for any losses that we suffer, as a result of your failure to keep your password safe and secure; and
g) not to use anyone else’s Account to access View or the Website.
Accessing and using View and the website
13. Depending on the Account you subscribe to, different usage entitlements will apply. These entitlements will be specified on the Website and may be amended from time to time.
14. View and the Website are each provided on an “as is” and “as available” basis. We do not guarantee that your use of View or the Website will be uninterrupted or error free or that any defects will be corrected within a certain period of time. We do not guarantee that View or the Website will be available to you at all times.
15. You agree to access and use View and the Website in a manner that complies with all applicable laws and regulations and in a manner that does not infringe the rights of anyone else or restrict or inhibit their use and enjoyment of View and the Website (including as expressly described in these Terms). In particular, you agree not to:
a) damage or harm View, the Website, or any underlying or connected network or system;
b) introduce any content or Virus to View or the Website which is or may be harmful;
c) upload any content to View or the Website which infringes these Terms or any law;
d) upload any Material to View or the Website which infringes the intellectual property rights of any third party;
e) upload any information or Material to View or the Website which is inaccurate or misleading; or
f) use any Virus, software programme, algorithm, methodology or other automatic device, including any spider, robot, scraper, or otherwise, to Copy View or the Website, or overwrite, monitor, collect or harvest any data, information or content found on View or the Website, or use any manual process for the same purpose(s).
17. We do not make any warranties (either express or implied) or representations as to View’s or the Website’s accuracy, timeliness, completeness, merchantability, fitness for a particular purpose (unless expressly stated otherwise) or non-infringement.
Uploading material to View
18. The file types supported by View will be notified on the Website from time to time. We are not responsible for any issues, loss or inconvenience suffered by you as a result of using a third party programming tool.
19. When you upload Material to View, you warrant and represent that you own the Material or have the express consent of the owner of the Material to upload the Material to View.
20. You confirm and undertake to us that you have all rights, authorisations and permissions to upload any Material to View. You agree to indemnify us for and against any and all costs, losses, damages and expenses that we suffer as a result of or in relation to your failure to obtain any such authorisation or permissions, including if we utilise that Material in accordance with the Terms, in reliance on your confirmation and on the basis of the undertakings given by you.
21. By uploading Material to View, you agree to grant us a perpetual, irrevocable, exclusive, royalty-free, unrestricted, sub-licensable, worldwide licence to store, display, publish, modify, adapt, manipulate, reproduce or use the Material you upload to View, solely for the purposes of operating, developing and providing View, without any compensation or obligation to you. Where your Account has been terminated in accordance with these Terms, and any of your Material remains available to be accessed, viewed, shared, or edited by other Users you grant to us a perpetual, irrevocable, exclusive, royalty-free, unrestricted, sub-licensable, worldwide licence to make that Material available to Users in accordance with such rights.
22. You agree not to upload or post any inappropriate Material (for example, Material which is incorrect, defamatory, obscene, offensive, breaches any law or individual’s rights including rights of confidentiality, promotes our competitors’ products or otherwise reflects adversely on us). We reserve the right to determine whether any Material is inappropriate in our absolute discretion. You also agree that we may take down any Material at any time without notice. You agree not to challenge any such determination by us.
23. You are responsible for backing up any Material of which you are an Author. We will not be liable to you for any corruption to, or loss of, the Material.
24. You may delete Material at any time, in which case, we will not reinstate, and you will not be able to retrieve the Material.
Fair use policy
25. The use of View is subject to the fair use policy set out at clauses 25 – 28 (Fair Use Policy). The Fair Use Policy is in place to ensure that all Users are able to access and use View. We may apply this Fair Use Policy where in our reasonable opinion your usage of the View is excessive and/or unreasonable as detailed in this section.
26. We have developed this Fair Use Policy by reference to average customer profiles and estimated usage of View. If your usage of a particular service materially exceeds estimated use patterns or is inconsistent with normal usage patterns, then your usage will be excessive and/or unreasonable.
27. If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy.
28. If your excessive or unreasonable usage continues after we ask you to stop or alter the nature of such usage, we may without further notice, suspend, modify or restrict your use of View or terminate your Account.
Suspension and termination of your account
29. You acknowledge and agree that we may suspend your Account if you fail to pay any Fees or otherwise breach these Terms. Your Account may be reinstated if you remedy the breach to our reasonable satisfaction within 10 working days (if it is capable of being remedied).
30. You acknowledge that we may terminate your Account, or suspend your access to any part of View if you:
a) allow a third party to use your account to access or use View; or
b) breach any terms which apply to your use of View.
31. You may terminate your Account at any time.
32. Once your Account has been suspended or terminated, you will no longer be able to edit, share or view any Material, including if you have uploaded Material to View. In the event that your Account is suspended or terminated all of your Material will become “hidden”, which means that the Material will no longer be capable of being accessed by any User (including any User who you have shared the Material with or given access rights to). Except as set out at clause 33, if your Account is not re-activated within 10 working days of suspension, all Material will be deleted permanently.
33. If you have a free Account, we reserve the right to suspend your Account if you fail to login to your Account for a continuous 12-month period. If your Account is suspended due to inactivity in accordance with this clause, you will no longer be able to edit, share or view any Material, including if you have uploaded Material to View and all of your Material will become hidden as set out in clause 32. If you do not re-activate your Account within 24 months of suspension, your Account will be terminated and all Material will be deleted permanently.
34. Please note, all Material which you make public may remain available on View and the Website for Users and members of the public to view and edit (in accordance with previously determined access rights) in the event that your Account is terminated. Where this occurs, Users and members of the public may only view and edit any such Material in accordance with any access rights previously granted by you. For example, Users with whom the Material has been shared will be able to edit the Material while all other Users and members of the public will only be able to view the Material through View and the Website. We may retain your public Material for a commercially reasonable period of time.
Charges and payment
35. Depending on the type of Account you register and subscribe to, you may be required to pay a Fee for using View. For a complete list of our Fees, please visit the Website at the following link https://lfview.com/.
36. We partner with Braintree for payment processing services. We may change providers at our sole discretion without notice to you.
37. In order for us to charge you any applicable Fees, when you register an Account, you agree:
a) to register a credit card to your Account through our payment provider. As part of this process you will be required to accept our payment provider’s terms and conditions in order to finalise registration. Please note, we will not get access to, or store, any of your credit card details;
b) to select a term for your Account (i.e. recurring on a monthly or yearly basis);
c) that we may automatically charge any applicable Fees to your credit card on a recurring basis, based on the term of your Account; and
d) that all Fees will be deducted in advance of the next term of your Account commencing.
38. You agree to pay all Fees relating to your Account as they become due. We will notify you if you have reached an entitlement threshold that requires further Fees or if you fail to pay such Fees as they become due. We reserve the right to terminate, revoke, restrict or suspend your access to any part or feature of View if you do not pay the applicable Fees as they become due.
39. Any fees paid by you prior to termination of your Account are non-refundable. For the avoidance of doubt, termination of your Account does not relieve you of your obligation to pay any accrued Fees in accordance with these Terms.
40. You acknowledge that you are responsible for the payment of all taxes and duties (in addition to any Fees) that may apply to your use of View (including, but not limited to, in providing services to any third parties).
41. You agree to indemnify us for and against any costs, losses, damages and expenses that we incur arising out of or in relation to your failure to pay any Fees which are due in accordance with these Terms including, but not limited to, any third party costs associated with recovery of Fees.
42. View and the Website are protected by copyright, trade mark and other applicable laws. You acknowledge and agree that we own all legal rights and interests (including intellectual property rights) in View and the Website (including its content) (both now and in the future), including but not limited to, the user interface and the underlying databases and functionality of View and the Website. Any rights and interests in View vest in us automatically on creation. You are not permitted to do anything which breaches these rights unless we expressly permit you to in writing. Where this occurs, you acknowledge that we may withdraw such permission at any time.
43. For the avoidance of doubt, you are prohibited from selling, copying or otherwise transferring information obtained from us, View or from the Website for commercial use or any other use which is not expressly authorised under these Terms or in writing by us. This includes Material that has been downloaded from View or the Website, including, but not limited to, Material containing any edits and annotations of any User.
44. To the extent permitted by law, we (including any of our directors, employees, officers, affiliates, agents or suppliers) will not be liable to you and/or any third party for any loss or damage (including, but not limited to, direct, indirect, incidental, special, punitive, consequential, lost profits, lost revenues, or similar economic loss, whether in contract, tort or otherwise) that you suffer in connection with the following (even if we are advised by you of such possibility of such loss arising):
a) the temporary or permanent non-availability of all or part of View or the Website;
b) the unauthorised access to any Material uploaded to View or the Website;
c) damage to any Material uploaded to View or the Website; or
d) the loss, interception or alteration of any of your information transmitted over the internet (including any Material).
45. We also exclude any condition or warranty that could be implied into these Terms (but only to the extent permitted by law).
46. In the event we are liable to you as a result of an event caused by us, as outlined above and subject to our obligations under New Zealand law, our maximum liability to you will be capped at the actual Fees paid by you in the 6 months prior to the cause of action occurring or NZD$1,000 in all other cases.
47. You agree to indemnify us (and hold us harmless) for any costs, losses, expenses, damages suffered by us arising out of or in relation to any claims or proceedings made or filed against us arising out of your failure to comply with these Terms including, but not limited to, through uploading Material to View without the consent of the owner of the Material, or Material which infringes the intellectual property rights of any third party, or breaching any law.
48. If you are not happy with View or the Website please contact us at [email protected]. If you remain unhappy with View or the Website then you may at any time terminate your Account in accordance with these Terms or stop accessing the Website.
49. These Terms are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand
Consumer guarantees act (CGA) and Fair trading act (FTA)
50. You agree that, to the extent that you are in trade and you acquire products or services from us in trade (including View), the CGA does not apply to these Terms, provided it is fair and reasonable that you are bound by this paragraph. In all other cases, if the CGA applies to these Terms, nothing in these Terms limits your rights, and our obligations, under the CGA. If the CGA applies, our liability is limited to the maximum extent permissible under the CGA.
51. You also agree that, to the extent you are in trade and you acquire products or services from us in trade (including View), you acknowledge that you do not rely on any representations or conduct other than those set out in these Terms. You also acknowledge that no claims may be brought by you under sections 9, 12A, 13 or 14(1) of the FTA to the extent those sections are applicable and provided it is fair and reasonable that you are bound by this paragraph.
Amending the terms
52. We reserve the right to vary, add or remove any part of these Terms at any time. Where this occurs, we will notify you upon log-in and give you the opportunity to terminate your Account. Once published on the Website, the new amended Terms will become effective. You are responsible for checking the Terms. Please regularly review the Terms as they may change over time.