My Seequent Store Terms

Version 2, last updated 14 June 2021,

IMPORTANT. PLEASE READ

Parties:
In these terms when we say you or your or the Customer we mean the entity, organisation or party that you, the Authorised User, are authorised to represent or otherwise contracted or employed by and will use the products on behalf of and is agreeing to these Terms.

In these terms where we say Seequent, we or our we mean the entity that is part of the Seequent Group that invoices you for your purchase and use of the products. Seequent Group means Seequent Limited (a company incorporated in New Zealand with registered number 2319469) and its subsidiaries.

Customer and End User Responsibilities:
Each End User must register for or already have a Seequent ID to complete the purchase of the product(s) in the purchase summary (Product).

The Customer must use, and must ensure that each Authorised User uses, the Product in accordance with the following terms (together with the Product Terms):

a.the Seequent Product Terms; and

b.for MX Deposit, in accordance with the MX Deposit Terms of Service and User Agreement; and any references to “MX Deposit” in such terms will be read as references to “Seequent”.

Licencing and Entitlements
The Licence for a Product is valid:

  1. from the time of purchase and starts immediately after payment confirmation. The Licence will expire at the end of the period covered by the fee paid or subscription period (whichever is applicable).
  2. for a named Authorised User or Seequent ID and may not be shared amongst multiple users.

Export Limitations
The Products and derivatives of the Products may be subject to export controls and economic sanctions laws and regulations of the United States and other jurisdictions. Seequent reserves the right to restrict the countries from which customers can purchase any of its Products if it considers there are legal or regulatory risks or if it is unable to process online payments in such locations and Customer will comply with these restrictions on notice by Seequent. If you attempt to purchase Products from a restricted country by circumventing these restrictions, your Licence will become invalid and Seequent may refuse to process a payment at its sole discretion.

Payment Terms
Taxes: You are responsible for paying all other external fees, taxes and duties associated with your use of the Products and any services wherever levied. Your responsibility includes withholding tax if it applies, and you shall pay such additional amount as will be necessary to ensure that the amount of the fees received by us equals the amount that would otherwise have been received in the absence of such deduction, withholding, tax or duty.

Refunds: No refund is due to you if you terminate your Licence early or we terminate your licence in accordance with these Terms or the applicable Product Terms.

Currency: You must pay the fee for the licence to the Products in the stated currency and using the accepted payment method available at the time of purchase. You will not be provided access to the Products until your payment has been confirmed.

Recurring subscriptions: Where you have purchased Products on a recurring subscription, you acknowledge and agree that Seequent will automatically charge your chosen payment method in advance at the renewal of your subscription. You will be sent an invoice for the charges applicable for the renewal. You are responsible for ensuring that your payment information is updated at the time of the renewal. Payment information may be updated in the My Seequent Store.

Updates to fees or subscription plans: Seequent may increase prices of our Products or update our subscription periods from time to time; however, any price changes or changes to your subscription period will take effect 30 days from notification by Seequent. There are no ongoing obligations to continue purchasing a Product or subscription purchased via the My Seequent Store; the Customer is entitled to cease use at any time.

Non-payment: In the case of non-payment for any reason, or a breach of these Terms or the Product Terms, Seequent will be entitled, without liability, to immediately terminate or suspend your licence. 

Consumer laws 
In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). These terms do not exclude, restrict or modify the non-excludable consumer guarantees. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant product (unless the non-excludable consumer guarantee says otherwise).