- You must observe these Terms at all times. Your access to, and use of, MySeequent is your agreement to be bound by these Terms.
- 1. Defined terms in these Terms are as follows:
- a. “Content” – messages, files, data, software, images, photographs, posts or information, feedback and other such materials uploaded to MySeequent.
- b. “Copy” (verb) – copy, reproduce, reverse engineer, modify, adapt, create a derivative work, redistribute, re-post. “Copy” (noun), “Copies” and “Copying” have corresponding meanings.
- d. “Seequent ID” – the individual account that you create to allow you to access and use MySeequent comprising your email address and a password.
- e. “we” – Seequent Limited and any parent company or subsidiary of Seequent Limited or any subsidiary of any parent company of Seequent Limited; “Seequent”, “us” and “our” have corresponding meanings.
- f. Product – beta or commercial release versions of computer software developed or distributed by us including, without limitation, Leapfrog products, modules such as Hydrogeology, Maptek Link, iOGas Link, Geosoft products such as Oasis montaj, Target, GM-SYS Modelling, VOXI Earth Modelling, UXO Land, UXO Marine, UX-Analyze, Target for ArcGIS and any other products released by us from time to time.
- g. “User” – any individual with a Seequent ID.
- h. “Virus” – any program code or programming instructions, or any device or thing, which may damage, interfere with, impair or otherwise adversely affect the operation of the MySeequent, 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.
- i. “Websites” – the websites owned and operated by Seequent including, without limitation, seequent.com, leapfrog3d.com, geosoft.com and lfview.com
- j. “you” – the person accessing or using MySeequent. “your” and “yourself” have corresponding meaning.
Creating a Seequent ID
- 2. To use MySeequent, you must create a Seequent ID and will be required to provide certain information (“Profile Information”) such as your name and email address.
- 4. When you create a Seequent ID, you warrant and represent that:
- a. you are over 18 and have the capacity, and all necessary powers and authorisations, to enter into and carry out the obligations under these Terms;
- b. in performing your obligations under these Terms, you will not violate any laws, rules or regulations by which you are bound;
- c. the Profile Information that you provide is complete and accurate; and
- d. you will use MySeequent for your own personal purposes or any authorised or permitted purposes where you use MySeequent on behalf of a third party.
- 5. Where you are using MySeequent on behalf of a third party, or providing a service to a third party, you acknowledge that we will not be liable for any losses suffered as a result of your provision of any such services or use of MySeequent. 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 MySeequent, either on their behalf, or where you provide them with services, including, but not limited to, through your failure to have all necessary authorisations.
- 6. We may decline to register your Seequent ID for any reason at our sole discretion, including if we have previously terminated an account set up by you as a result of your failure to comply with our Terms.
Password and Security
- 7. When you create a Seequent ID, you will be required to provide an email address and create a unique password.
- 8. You must keep your password safe and secure at all times and you must not disclose your password, or allow it to be disclosed, to any third party. You agree:
- a. that 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 device or computer system or to any codes or passwords that you use to access MySeequent;
- c. to regularly scan and remove any Viruses and otherwise ensure your device, 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 relating to your Seequent ID;
- 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 Seequent ID to access MySeequent or the Websites.
- 9. For the avoidance of doubt, you are not permitted to share your Seequent ID with any other person for any purpose, including, without limitation, enabling them to gain unauthorised access to or use of any Products.
Access to and use of MySeequent
- 10. MySeequent is provided on an “as is” and “as available” basis. We do not guarantee that your use of MySeequent will be uninterrupted or error free or that any defects will be corrected within a certain period of time. We do not guarantee that MySeequent will be available to you at all times.
- 11. Your access to Products available via MySeequent will depend on the subscriptions, entitlements or licences that you or your employer have purchased. Please contact us if you would like to change or increase subscriptions, entitlements, licences or other access rights.
- 12. You agree to access and use MySeequent in a manner that complies with all applicable laws and regulations and in a manner that does not infringe the rights of any third party or restrict or inhibit their use or enjoyment of MySeequent. You agree, in particular, not to:
- a. damage or harm MySeequent or any underlying or connected network or system;
- b. introduce any Virus to MySeequent;
- c. upload any content to MySeequent which infringes these Terms or any law;
- d. upload any Content to MySeequent which infringes the intellectual property rights of any third party;
- e. upload any information or Content to MySeequent 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 MySeequent, or overwrite, monitor, collect or harvest any data, information or content found on MySeequent, or use any manual process for the same purpose(s).
- 15. We do not make any warranties (either express or implied) or representations as to the accuracy, timeliness, completeness, merchantability, fitness for a particular purpose (unless expressly stated otherwise) or non-infringement of MySeequent (or the Content available via MySeequent). We reserve the right to periodically add to, change, or update MySeequent without notice.
Uploading Content to MySeequent
- 16. You confirm and undertake to us that you have all rights, authorisations and permissions to upload any Content to MySeequent. 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 Content in accordance with the Terms, in reliance on your confirmation and on the basis of the undertakings given by you.
- 17. By uploading Content to MySeequent, you agree to grant us a perpetual, irrevocable, exclusive, royalty-free, unrestricted, sub-licensable, worldwide licence to store, display, publish, modify, adapt, manipulate, use in publications and/or advertisements, reproduce or use your Content, solely for the purposes of operating, developing and providing MySeequent, without any compensation or obligation to you.
- 18. You agree not to upload or post any inappropriate Content (for example, Content which is incorrect, defamatory, obscene, offensive, breaches any law or the rights of any individual, promotes our competitors’ products or otherwise reflects adversely on us). We reserve the right to determine in our absolute discretion whether any Content is inappropriate and to take down any Content at any time without notice.
Suspension and termination of your Seequent ID
- 19. You acknowledge and agree that we may suspend or delete your Seequent ID if you breach these Terms or the Software End User Licence Agreement applicable to any Products that you download or access via MySeequent. Your Seequent ID may be reinstated if you remedy the breach to our reasonable satisfaction within 10 working days (if it is capable of being remedied).
- 20. You may delete your Seequent ID at any time by contacting us at [email protected]. If you delete your Seequent ID, you will no longer be able to access MySeequent or any Products that require a Seequent ID to access.
- 21. Once your Seequent ID has been suspended or terminated, you will no longer be able to upload Content or access MySeequent. Any Content you have previously uploaded will remain in MySeequent with the same security and access rights afforded to it at the time it was uploaded (for example, forum posts will remain visible to other forum users but any confidential data will remain confidential).
- 22. MySeequent is protected by copyright, trademark and other applicable laws. You acknowledge and agree that we (or our authorised licensors) own all legal rights and interests (including intellectual property rights) in MySeequent (including its content),both now and in the future, including but not limited to, the user interface and the underlying databases and functionality of MySeequent. Any rights and interests in MySeequent 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. If we give permission, you acknowledge that we may withdraw it at any time.
- 23. 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 MySeequent;
- b. any unauthorised access of your Content;
- c. any damage to your Content;
- d. the loss, interception or alteration of any of your information transmitted over the Internet (including any Content); or
- e. the use by a third party of your Seequent ID to access MySeequent or any Products (whether caused by you or otherwise).
- 24. We also exclude any condition or warranty that could be implied into these Terms (but only to the extent that such exclusion is allowed by law).
- 25. 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 NZD$100.
- 26. 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 Content to MySeequent which infringes the intellectual property rights of any third party, or breaching any law.
- 27. 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)
- 28. You agree that, to the extent that you are in trade and you acquire products or services from us in trade (including MySeequent), 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.
- 29. You also agree that, to the extent you are in trade and you acquire products or services from us in trade (including MySeequent), 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 the FTA to the extent that the FTA is applicable and provided it is fair and reasonable that you are bound by this paragraph.
Amending the Terms
- 30. We reserve the right to vary, add to or remove any part of these Terms at any time. When this occurs, we will notify you when you sign-in to MySeequent and ask you to confirm that you accept the new terms. Once published on MySeequent, any new Terms will become effective and binding.