My Seequent Store Terms
IMPORTANT PLEASE READ
In these terms when we say you or your or the Customer we mean the entity, organisation or party that you, the End User, are authorised to represent or otherwise contracted or employed by and will use the software 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 software. 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 software in the purchase summary (Software).
The Customer must use, and must ensure that each Authorised User uses, the Software in accordance with the following product specific terms (together the Product Terms):
a. for all Software except for MX Deposit, in accordance with the terms of the End User Licence Agreement.
b. for VOXI, in additional to the End User Licence Agreement, in accordance with the VOXI Terms of Service
c. 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 the Software is valid:
a. from the time of purchase and starts immediately after payment confirmation. The Licence will expire at the end of the period covered by the licence fee paid or subscription period (whichever is applicable).
b. for a named End User or Seequent ID and may not be shared amongst multiple users.
You must not use the Software or any services in violation of any export or trade embargo laws that apply to you, if you are located in a sanctioned country or you are on a sanctioned persons list. We may also restrict the countries from which you can purchase any of the Software if we consider there are other legal or regulatory risks, or we are unable to process online payments in your location. If you attempt to purchase Software from a restricted country by circumventing these restrictions your licence will become invalid. In all other circumstances we may block your access to the Software or refuse to process a payment in our sole discretion.
You are responsible for paying all other external fees, taxes and duties associated with your use of the Software 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.
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.
You must pay the fee for the licence to the Software in the stated currency and using the accepted payment method available at the time of purchase. You will not be provided access to the Software until your payment has been confirmed.
Where you have purchased Software 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.
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.
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 service (unless the non-excludable consumer guarantee says otherwise).