Terms and Conditions

Introduction

  1. These Terms and Conditions (“Terms”) govern your access to and use of the customer portal available at https://www.leapfrog3d.com/website-terms-of-use. (“My Leapfrog”). These Terms are designed to ensure that you enjoy a positive experience when using My Leapfrog and understand your rights, responsibilities and restrictions on your use of My Leapfrog. These Terms must be read in conjunction with our Website Terms of Use, Privacy Policy and the Software End User Licence Agreement (Page 8) applicable to software downloaded or accessed via My Leapfrog.
  2. Please familiarise yourself with these Terms prior to using My Leapfrog or creating a Profile. You must observe these Terms at all times. Your access to, and use of, My Leapfrog is your agreement to be bound by these Terms.

Definitions

  1. Defined terms in these Terms are as follows:
    1. "Content" - messages, files, data, software, images, photographs, posts or information, feedback and other such materials uploaded to My Leapfrog.
    2. "Copy" (verb) - copy, reproduce, reverse engineer, modify, adapt, create a derivative work, redistribute, re-post. "Copy" (noun), "Copies" and "Copying" have corresponding meanings.
    3. "Privacy Policy" - our Privacy Policy as set out on or linked to from the Website, as updated from time to time.
    4. "Profile" - the individual account that you create to allow you to access and use My Leapfrog.
    5. we” – Seequent Limited, "Seequent", “us” and “our” have corresponding meanings.
    6. "User" - any individual with a unique email and password who is authorised to access and use My Leapfrog.
    7. "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 My Leapfrog, 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.
    8. "Websites" - the websites owned and operated by Seequent including (without limitation) seequent.com and leapfrog3d.com.
    9. "you" - the person accessing or using My Leapfrog. "you", "your" and "yourself" have corresponding meaning.

Creating a Profile

  1. To use My Leapfrog you must create a Profile. To create a Profile, you must complete the required process and provide all required information. You agree to keep all such information up to date. You also agree to our use of such information in accordance with our Privacy Policy.
  2. When you create a Profile, you warrant and represent that:
    1. 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;
    2. in performing the obligations under these Terms, you will not violate any laws, rules or regulations which you are bound by;
    3. all information provided by you is complete and accurate; and
    4. you will use My Leapfrog for your own personal purposes or any authorised purposes where you use My Leapfrog on behalf of a third party.
  3. Where you are using My Leapfrog 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 My Leapfrog on behalf of a 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 My Leapfrog, either on their behalf, or where you provide them with services, including, but not limited to, through your failure to have all necessary authorisations.

Accessing and using My Leapfrog

  1. My Leapfrog is provided on an "as is" and "as available" basis. We do not guarantee that your use of My Leapfrog will be uninterrupted or error free or that any defects will be corrected within a certain period of time. We do not guarantee that My Leapfrog will be available to you at all times.
  2. Your scope of access to certain products and services available via My Leapfrog will depend on the products and services that you or your employer has purchased. Please contact us if you would like to change or increase your entitlements or access rights.
  3. You agree to access and use My Leapfrog in a manner that complies with all applicable laws and regulations and in a manner that does not infringe the rights of anyone third party or restrict or inhibit their use or enjoyment of My Leapfrog.  In particular, you agree not to:
    1. damage or harm My Leapfrog or any underlying or connected network or system;
    2. introduce any Virus to My Leapfrog;
    3. upload any content to My Leapfrog which infringes these Terms or any law;
    4. upload any Content to My Leapfrog which infringes the intellectual property rights of any third party;
    5. upload any information or Content to My Leapfrog which is inaccurate or misleading; or
    6. use any Virus, software programme, algorithm, methodology or other automatic device, including any spider, robot, scraper, or otherwise, to Copy My Leapfrog, or overwrite, monitor, collect or harvest any data, information or content found on My Leapfrog, or use any manual process for the same purpose(s).
  4. You acknowledge that information (including personal information) transmitted over the internet is inherently insecure and is susceptible to loss, interception or alteration while in transit. We have physical, electronic and operational processes in place to protect the information we collect via My Leapfrog or which is used by My Leapfrog. In relation to your personal information, please see our Privacy Policy for further information.
  5. Certain features and services available via My Leapfrog including My Leapfrog Forum allow you to make your personal information available to other My Leapfrog users. Prior to using these features or providing personal information, please review the information about how your personal information will be shared. Only use these features if you are comfortable with your information being shared as set out on the Website.
  6. We do not make any warranties (either express or implied) or representations as to My Leapfrog's (or the content available via My Leapfrog’s) accuracy, timeliness, completeness, merchantability, fitness for a particular purpose (unless expressly stated otherwise) or non-infringement. We reserve the right to periodically add, change, or update My Leapfrog without notice.

Uploading Content to My Leapfrog

  1. You confirm and undertake to us that you have all rights, authorisations and permissions to upload any Content to My Leapfrog. 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.
  2. By uploading Content to My Leapfrog, 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 My Leapfrog, without any compensation or obligation to you.
  3. You agree not to upload or post any inappropriate Content (for example, Content which is incorrect, defamatory, obscene, offensive, breaches any law or individual's rights, promotes our competitors' products or otherwise reflects adversely on us). We reserve the right to determine whether any Content is inappropriate in our absolute discretion. You also agree that we may take down any Content at any time without notice.

Suspension and termination of your Profile

  1. You acknowledge and agree that we may suspend or delete your Profile if you breach these Terms or the Software End User Licence Agreement (Page 8) applicable to software downloaded or accessed via My Leapfrog. Your Profile may be reinstated if you remedy the breach to our reasonable satisfaction within 10 working days (if it is capable of being remedied).
  2. You may delete your Profile at any time. In order to delete your profile, please contact us at privacy@seequent.com. If you delete your Profile, you will no longer be able to access My Leapfrog or the products and services available via My Leapfrog.

Intellectual property

  1. My Leapfrog is protected by copyright, trade mark 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 My Leapfrog (including its content) (both now and in the future), including but not limited to, the user interface and the underlying databases and functionality of My Leapfrog. Any rights and interests in My Leapfrog 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.

Privacy

  1. Your privacy is important to us. Please review our Privacy Policy which forms part of these Terms.

Liability

  1. 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):
    1. the temporary or permanent non-availability of all or part of My Leapfrog;
    2. the unauthorised access of your Content;
    3. damage to your Content; or
    4. the loss, interception or alteration of any of your information transmitted over the Internet (including any Content).
  2. 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).
  3. 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.
  4. 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 My Leapfrog which infringes the intellectual property rights of any third party, or breaching any law.
  5. If you are not happy with My Leapfrog please contact us at office@seequent.com. Following this, if you remain unhappy with My Leapfrog then your only remedy is to delete your Profile in accordance with these Terms or stop accessing My Leapfrog.

Governing Law

  1. 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)

  1. You agree that, to the extent that you are in trade and you acquire products or services from us in trade (including My Leapfrog), 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.
  2. You also agree that, to the extent you are in trade and you acquire products or services from us in trade (including My Leapfrog), 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

  1. 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 sign in. Once published on My Leapfrog, 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.