1. Definitions / Introduction
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the SEYOH.com website (the "Software") operated by SEYOH (“SEYOH”, "us", "we", or "our").
5-7 Kingdon St
PO Box 9301
These terms apply to all customers (“you” or “your”), visitors, users and others who access or use the Software provided by us. Your access to and use of the Software is conditioned on your acceptance of and compliance with these Terms. A customer is any natural or legal person who creates an account with SEYOH on our website www.SEYOH.com.
By accessing or using the Software, e.g. creating an account, creating a new document, you agree to have read and understand the contractual terms and that you be bound by these Terms. If you disagree with any part of the terms then you may not use our platform or services.
2. Changes to the Agreement
SEYOH reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice at least fourteen (14) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notices will be issued by email or within the customer portal.
By continuing to access or use our Software after revisions become effective, you agree to be bound by the revised Terms. If you choose not agree to the new Terms, you must advise SEYOH immediately, and arrange for the cancellation of your account and subscription.
3. Customer Account
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and subscription to our Software.
You are responsible for safeguarding the password that you use to access the Software and for any activities or actions under your password, whether your password is with our Software or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order for you to access your account, you need to use an account login name and password. SEYOH will under no circumstances provide these credentials to a third person, other than the actual owner. In the event you forget your password you can reset it via the www.SEYOH.com website. An email with further instructions will be sent to your email address.
If you no longer have access to the email address used to create your account, you need to contact our support team for further information.
The customer is responsible to store and protect their password. SEYOH will not be held responsible for an account, which was compromised due to insecure password or careless handling of the login credentials by the account owner.
If you wish to purchase/subscribe to our Software ("Purchase"), you may be asked to securely provide certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.
You represent and warrant that (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to securely provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your subscription at any time.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. SEYOH retains the right to refuse certain orders, customers and also to close existing accounts of customers if they are not conforming to the Terms.
6. Renewals of the services
The customer acknowledges that the software subscription fees have a monthly payment cycle and that the renewal fees, will be automatically charged to the customer if the customer does not expressly let the Software subscription expire or cancel it before the due date.
7. Fees and Prices
SEYOH endeavours to keep all prices up to date. We will charge you for the price shown on the website at the date of your order or renewal. Please note that we cannot guarantee the prices for a longer period of time. We retain the right to change the fees and prices of our Software at any time. You will be informed at least fourteen (14) days in advance of such price change.
Unless a different agreement was specifically arranged with SEYOH, customers are required to pay the fee at the time of their order. Any other payment option must be arranged with SEYOH in advance and is at SEYOH’s sole discretion.
As a company with headquarters in New Zealand, customers are generally charged in NZD. On request the customers can also pay in USD or EUR depending on their domicile or base of operations. Please contact SEYOH in case you want to pay in a different currency than NZD.
The customer accepts that we can only accept international wire transfers if the amount is higher than 50 NZD. Any bank transfer fees need to be covered by the customer and have to be added to the final amount.
You acknowledge that and accept that any invoice that is unpaid after thirty (30) days following its issuing date, will be subject of late fees of 1.5% of the invoice value every month until such time as the outstanding amount is paid in full.
Please note that we have a minimum subscription period of one month. After your Purchase and access to the Software, in particular after creating your first document, you have effectively started using our services and a refund for the sign up month is no longer possible.
In case you have signed up for our Software but haven't accessed your account or started using the Software, you could qualify for a full refund. Please contact our support immediately if you have sent an order by mistake and want us to see if the order can still be cancelled. If a customer has signed up for a multiple month long subscription in order to benefit from recuded pricing, it is at the sole discretion of our support team to accept an early cancellation request of the service or not. SEYOH reserves the right to charge the customer a 5% (minimum of $10 NZD) cancellation fee.
10. Friends and Fans Referral Scheme
Our friends and fans referral scheme is our way to say thank you to our loyal customer. For the successful invitation of a friend, the existing SEYOH customer as well as the referred new customer will receive a 50% discount on their next months renewal fees, respectively.
It will be deemed a successful invitation when the new referred customer creates an account and creates their first document. The customer acknowledges that the creation of an account only, is not deemed as a successful invitation. The new referred customer must subscribe for at least one month for the discount to be claimed.
Please note that this referral scheme is a courtesy of SEYOH with which we want to reward the referral of new customers. For this reason we put rules and measures in place to reward only genuine new customers. The customer understands and accepts that each new customer can only be referred once. Referring the same customer a second time will not result in the discount reward for either of the parties.
Subject to fourteen (14) days notice, we retain the right to adjust the discount percentage of the friends and fans referral scheme, or cancel the friends and fans referral scheme entirely. The customer also accepts that SEYOH has the right to reject the discount in case of any fraudulent activity or abuse of the friends and fans referral scheme. This includes but is not limited to cases of: self-referral, mass-creation of new email addresses, referring the same customers multiple times, setting up multiple new accounts to receive repeated discounts. If such abuse or behaviour is detected, SEYOH will provide a written warning to the customer. In the event the customer continues to abuse the referral scheme, SEYOH reserves the right to cancel the customer ‘s accounts.
11. Use of free services
SEYOH may offer various services for free as part of certain subscription packages. SEYOH reserves the right to begin charge for some or all of the free services in future. In this case the customer will get informed at least thirty (30) days before the price change takes effect, the customer may choose to opt out at any time prior to the effective date of the price change.
12. Availability, Errors and Inaccuracies
We are constantly updating our Software. Some functions or features of our Software may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Software and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
At all times, and without exception, SEYOH will make all reasonable efforts to adhere to the Fair Trading Act (1986) and Consumer Guarantees Act (1993) of New Zealand.
13. Intellectual Property
The Software and its original content, features and functionality remain the exclusive property of SEYOH and its licensors. The Software is protected by copyright, and trademark laws as enforceable by New Zealand legislation. Any content, media, marks or otherwise, protected by trademark or copyright may not be used in connection with any product or Software without the prior written consent of an authorised officer of SEYOH.
14. Links To Other Web Sites
Our Software may contain links to third party web sites or services that are not owned or controlled by SEYOH.
SEYOH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SEYOH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
15. Limitation Of Liability
In no event shall SEYOH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Software; (b) any conduct or content of any third party on the Software; (c) any content obtained from the Software; and (d) any loss or damage caused in connection with the use of services that are provided for free; (e) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Software is at your sole risk. The Software is provided on an "AS IS" and "AS AVAILABLE" basis. The Software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SEYOH its subsidiaries, affiliates, and its licensors do not warrant that a) the Software will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Software will meet your requirements.
17. Privacy Statement / Data protection
In order to manage the customers, administrate their accounts and invoice the services provided to them, we will store certain personal data pertaining to the customer in our databases. Subject to New Zealand privacy laws, we undertake our best efforts to keep your data protected and secure.
The customer acknowledges that SEYOH cannot give a 100% guarantee for the safety and protection of their personal details. Operating on the Internet there is always a risk of personal information to be obtained by third parties. By using our services the customer accepts the risks and possible consequences and agrees not to hold SEYOH responsible for any damage suffered where all reasonable care has been taken.
The customer allows and authorises SEYOH to process their personal data for market research purposes and promotional campaigns. In case you prefer not to be contacted with promotion or marketing material from us, you are free to inform us about this and we will remove you and your email address from our marketing distribution list.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce, or choice to not enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Software, and supersede and replace any prior agreements we might have between us regarding the Software.
19. Force majeure
In an event of force majeure, neither the customer, nor SEYOH shall be responsible for any failure or delay to fulfil their obligations under the terms of this contract.
The customer acknowledges that the lack of financial measures to pay any of the fees for services provided to them by SEYOH does not count as force majeure.
SEYOH will not be held liable by the customer for any damage or indirect loss that may be the result of the failure of our services or systems or any actions and interference of third parties.
Upon termination, your right to use the Software will immediately cease. If you wish to terminate your account, you may simply discontinue using the Software.
The customer may terminate the agreement and their account with us at any time by sending a thirty (30) day notice of termination letter. The termination will take effect as soon as all outstanding invoices of the customer have been paid.
In the event a customer wishes to cancel their account with us, they need to download their created documents and content if they want to keep them after the account will be fully terminated. Alternatively the customer can cancel all products with SEYOH before the termination agreement takes effect.
21. Software Suspension
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
SEYOH reserves the right to close your account at its sole discretion (a) if we are ordered to do so by a court of competent jurisdiction; and to comply with any applicable laws, government rules or requirements; (b) if the use is illegal or actively infringes trademark or copyright laws.
The products and services are used in ways other then their intended purpose, including but not limited to: sexual abuse, harassment, criminal activities and fraud. In any of these cases the customer has no right for compensation for any perceived suffered damages.
SEYOH may suspend access to a customer account during maintenance work or any update operations on our server and platforms.
22. Contact Us
If you have any questions about these Terms, please contact us.