Terms and Conditions
- These Terms govern your use of Steno3D and the Website. Steno3D is a new and innovative way to collaborate using 3D modelled data. These Terms are designed to ensure that you enjoy a positive experience when using Steno3D and the Website and understand your rights and restrictions.
- Please familiarise yourself with these Terms prior to using the Website or registering an Account. You must observe them at all times. Your subscription to, and use of, Steno3D or the Website (including accessing and using all Material made available on and through Steno3D or the Website, and any Material you upload to Steno3D together with your acceptance of the Terms as part of the registration process) is your agreement to be bound by these Terms. Please note that these terms will apply to your use and access of the Website (even where you are not a User or accessing the Website in your capacity as a User).
- To help you understand these Terms, here is a summary:
- These Terms apply when you use the Website, when you register an Account and when you use Steno3D.
- You cannot use Steno3D or the Website in a manner that infringes these Terms.
- You agree to pay (where relevant) for your Account when Fees are due, in accordance with these Terms.
- You agree to use Steno3D or the Website in a manner that complies with all applicable laws and regulations, relating to such use, and to keep your password secure.
- We may change or amend the Terms in certain circumstances. Where this occurs, we will give you reasonable notice and the opportunity to cancel your account if you wish.
Defined terms in these terms and conditions are as follows:
- "Account" -- means an account that you create to permit you to access and use Steno3D in accordance with the entitlements associated with the Account you establish.
- "Author" - the User that uploads Material to Steno3D.
- "Copy" (verb) - copy, reproduce, reverse engineer, modify, adapt, create a derivative work, redistribute, re-Post. "Copy" (noun), "Copies" and "Copying" have corresponding meanings.
- "Fee" - the fees and charges payable by you in relation to Steno3D as specified on the Website and as amended from time to time.
- "Material" - messages, files, data, software, images, photographs, code and other such materials uploaded to Steno3D by a User.
- "Share" - where an Author grants permission to another User to access, edit and/or modify the Author's Material. "Shared" and "Sharing" have corresponding meanings.
- "Steno3D" - the subscription based 3D modelling and collaboration tool available through the Website.
- "User" - any individual with a unique username and password who is authorised to access and use Steno3D subject to these Terms.
- "View" - where an Author grants permission to another User to access and view (but not edit or modify) the Author's Material ..
- "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.
- "we" - ARANZ GEO Limited. "us" and "our" have corresponding meanings.
- "Website" - the website hosted at steno3d.com
- "you" - the person accessing or using Steno3D or the Website. "you", "your" and "yourself" have corresponding meaning.
USING Steno3D AND THE WEBSITE
- You may only use Steno3D and the Website in accordance with these Terms and subject to any usage rights and restrictions applicable to your Account (as set out at clause 6 below). Where you use Steno3D, you acknowledge that we grant you a revocable, non-transferable, non-exclusive, limited licence to use Steno3D, where such use is subject to you complying with all your obligations under these Terms.
Registering an account
- To use Steno3D you must register and subscribe to an Account. Depending on the Account you subscribe to, the following usage entitlements will apply:
- Collaborator (free) you may, View Material that have been Shared with you by another User.
- Owner (paid) - you may, as an Author, upload, Share or grant View rights to Material.
- To register an Account, you must complete the requirements set out on the Website (steno3d.com). Unless we approve otherwise, this is the only method for applying to register an account.
When you submit an application to register an Account, you warrant and represent that:
- you are over 18 and have the capacity, and all necessary powers and authorisations, to enter into and carry out your obligations under these Terms;
- in performing your obligations under these Terms you will not violate any laws, rules or regulations which you are bound by; and
- you will use Steno3D for your own personal purposes or any authorised purposes where you use Steno3D on behalf of a third party, or for any authorised purpose where you use Steno3D to provide services to a third party (including a company)
- Where the above clause 8(c) applies (ie you are using Steno3D on behalf of a third party or where providing a service to a third party), you acknowledge that we will not be liable to you for any losses suffered by you (or the third party) as a result of your provision of any such services of Steno3D to, or use 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 Steno3D, either on their behalf, or where you provide them with services, including, but not limited to, through your failure to have all necessary authorizations.
- When you apply to register an Account, you will be required to provide certain information. You warrant and represent that all such information provided by you is complete and accurate. You also agree to keep all such information up to date.
- Please note, you may only use one email address per application to register an Account. If you are applying for an Academic discount on Fees this must be a valid email address from a recognized educational institute.
- We may decline to register your Account if we have previously cancelled an account set up by you because you failed to comply with these Terms.
Password and Security
- When you apply to register an Account, you will be required to create a unique username and password.
- 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:
- 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. You also agree not to use anyone else's account to access Steno3D and to take all reasonable steps to prevent someone misusing or gaining unauthorised access to your computer system or to any codes or passwords you have to access Steno3D;
- to regularly scan and remove any Viruses and otherwise ensure your computer system and data are free of such Viruses;
- 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;
- immediately notify us of any security breach of your account;
- to indemnify us for any losses that we suffer, as a result of your failure to keep your password safe and secure; and
- not to use anyone else's account to access Steno3D.
Accessing and using Steno3D and the Website
- Steno3D and the Website are each provided on an "as is" and "as available" basis. We do not guarantee that your use of Steno3D 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 Steno3D or the Website will be available to you at all times.
- You agree to access and use Steno3D 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 Steno3D and the Website (including as expressly described in these Terms).
- In particular, you agree not to:
- damage or harm Steno3D, the Website, or any underlying or connected network or system;
- introduce any content or Virus to Steno3D or the Website which is or may be harmful;
- upload any content to Steno3D or the Website which infringes these Terms or any law.
- use any Virus, software programme, algorithm, methodology or other automatic device, including any spider, robot, scraper, or otherwise, to Copy Steno3D or the Website, or overwrite, monitor, collect or harvest any data, information or content found on Steno3D or the Website, or use any manual process for the same purpose(s).
- We do not make any warranties (either express or implied) or representations as to Steno3D's or the Website'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, improve, or update Steno3D and/or the Website without notice. Where we make any such changes, we will give you reasonable notice and attempt to notify you by sending an email to the email address provided by you when applying to register your Account.
Uploading Material to Steno3D
- Prior to uploading Material to Steno3D you will need to plot that Material using programming tool such as Leapfrog Geo. The file types supported by Steno3D 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.
- You confirm and undertake to us that you have all rights, authorisations and permissions to upload any Material to Steno3D. 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.
- By uploading Material to Steno3D, 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 Material, solely for the purposes of operating, developing and providing Steno3D, 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 by Users and/or is subject to any View or Share rights, you grant to us a perpetual, irrevocable, exclusive, royalty-free, unrestricted, sub-licensable, worldwide licence to make that Material available to Users.
- 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, 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.
- You are responsible for backing up any Material of which you are an Author. We will not be liable to you for any corruption or loss to the Material.
- You may delete Material at any time, in which case, we will not reinstate, and you will not be able to retrieve the Material.
Suspension and termination of your Account
- You acknowledge and agree that we may suspend your Account if you fail to pay any Fees or otherwise breach these Terms. Your account will be reinstated if you remedy the breach to our reasonable satisfaction within 10 working days (if it is capable of being remedied).
- You acknowledge that we may terminate your Account, or suspend your access to any part of Steno3D at any time if you:
- allow a third party to use your account to access and use Steno3D;
- breach clauses 14, 16, 17, 23, 35, 39 and 40 of these Terms; and
- breach any additional terms which apply to your use of Steno3D.
- You may terminate your Account at any time.
- 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 Steno3D. 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 Viewing rights to) until you re-activate your Account. If you do not re-activate your account within 10 working days, all Material will be deleted permanently.
- Please note, all Material which you make public will remain available on Steno3D 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 Steno3D and the Website. We may retain your public Material for a commercially reasonable period of time.
CHARGES AND PAYMENT
- Depending on the type of Account you register and subscribe to, you may be required to pay a Fee for using Steno3D. For a complete list of our Fees, please visit the Website at the following link steno3d.com.
- We partner with Braintree for payment processing services. We may change providers at our sole discretion without notice to you.
- In order for us to charge you any applicable Fees, when you register an Account, you agree:
- 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;
- to select a term for your Account (ie recurring on a monthly or yearly basis);
- that we may automatically charge any applicable Fees to your credit card on a recurring basis, based on the term of your Account; and
- that all payments will be made (ie Fees deducted) in advance of the next term of your Account commencing.
- You agree to pay all Fees relating to your Account as they become due. We will notify you to remind you that such Fees are about to become due, 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 Steno3D if you do not pay the applicable Fees as they become due.
- 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.
- 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 Steno3D (including, but not limited to, in providing services to any third parties).
- 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.
- Steno3D and the Website are protected by copyright, trademark and other applicable laws. You acknowledge and agree that we own all legal rights and interests (including intellectual property rights) in Steno3D 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 Steno3D and the Website. Any rights and interests in Steno3D 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.
- For the avoidance of doubt, you are prohibited to sell, copy or otherwise transfer information obtained from us, Steno3D 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 Steno3D or the Website, including, but not limited to, Material containing any edits and annotations of any User.
- 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):
- the unauthorised access of your Material;
- damage to your material; or
- the loss, interception or alteration of any of your information transmitted over the internet (including any Material).
- We also exclude any condition or warranty that could be implied into these Terms (but only to the extent that this is allowed by law).
- 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.
- 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 Steno3D which infringes the intellectual property rights of any third party, or breaching any law.
- If you are not happy with Steno3D or the Website please contact us at firstname.lastname@example.org. Following this, if you remain unhappy with Steno3D or the Website then your only remedy is to terminate your Account in accordance with these Terms or stop accessing the Website.
- These terms shall be governed by and construed in all respects 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)
- You agree that, to the extent that you are in trade and you acquire products or services from us in trade (including Steno3D), 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.
- You also agree that, to the extent you are in trade and you acquire products or services from us in trade (including Steno3D), 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.
- 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 cancel 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.
ARANZ Geo Limited will only collect information by lawful and fair means.
Why personal information is collected and how it is used
In general the information collected through our website is used to help us improve your online experience and enable us to conduct business with you.
These are some situations where we would collect information from you:
- To register an Account
- To fulfil any product or service related activities you request
- You apply for a job with our business
- To help us improve our products and services we analyse the website data to ensure our web content remains relevant.
Types of information collected
We collect personal information that you supply and also automatically collect some information each time you visit our website. Note that we do not collect, keep or use any credit card information that you may provide as part of the registration
or maintenance of any Account.
In order for us to conduct business with you sometimes you will need to provide personal information such as your name, email or phone number etc. You may also choose to provide further information to us so we can better tailor our products
and services to your individual needs.
Automatically collected information
We are able to see keywords you use to find us in search engines and the web pages you visit along with other information such as your web browser and IP address. This information is collected when you visit without the need for you to submit this information yourself. It is usually anonymous accept where you have previously provided your personal information to us and have cookies enabled.
A cookie is a small data file that is stored by your web browser or your computer hard drive. Some cookies will only exist for the duration of your website visit but some may remain present for a longer period for when you revisit a website.
of tracking user activity is to gain insights and provide a better experience for users.
In certain situations, the cookie may be linked to personal information that you have previously provided through the website e.g. information you provided to register an Account. The data provided may be used to remember your preferences
and personalise the content of the website, making it easier to find information you are after.
If you are concerned about cookies or want more information about them you can visit aboutcookies.org. You have the ability from within your web browser's settings to control whether to accept all cookies, be notified of a cookie or refuse all cookies. Instructions about how to configure your web browser setting can be found on aboutcookies.org. If you decide to turn cookies off please note that some areas of the site may not work properly.
Cookies we use on the website
The information below provides a summary of the different types of cookies and an overview of their purpose.
||This is the session identifier; it is passed on by the browser with each request, to enable access to your user account on our system.
Will we disclose your information to anyone else?
The nature of providing online service may sometimes mean we need to disclose your personal information to others. It is generally our policy not to disclose information to external organisations, however, examples of organisations we
may need to disclose your information to include the following:
- A local representative, distributor or support organisation;
- A person outside of ARANZ Geo Limited who is contracted to provide a particular service on our behalf, such as payment services; and
- To third parties when we believe in good faith that we are required to do so by law.
You consent to the disclosure of your personal information to the parties listed above.
Forms and registration
The forms on the website require you to provide contact information e.g. your name, email, address and other personal information. Contact information is used to register and manage your Steno3D Account or otherwise fulfil requests from
you. Your contact information is also used to get in touch when necessary and provide relevant information to you about our products and services.
External website links
The website may include links to third party websites. We do not endorse any third party websites nor does ARANZ Geo Limited accept any responsibility for the privacy policies of these external websites. External third party websites may
have their own privacy policies which you should review if your privacy on that website is of concern to you.
You may opt-out of receiving promotional and marketing information from ARANZ Geo Limited by using the "unsubscribe" link contained in any email or by emailing us directly.