BLUEBEAM ONLINE TERMS OF SALE – NEW ZEALAND

AS OF DECEMBER 21, 2020

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, WITH RESPECT TO THE TRANSACTION(S) OCCURRING ON BLUEBEAM’S WEBSTORE. PLEASE REVIEW THESE TERMS OF SALE IN THEIR ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSTORE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS OF SALE IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OF AGE; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANISATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS OF SALE; AND (D) ARE NOT PROHIBITED FROM ACCESS OR USING THIS WEBSTORE OR ANY OF THIS WEBSTORE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE OR REGULATION.

Overview and General Provisions

These terms and conditions of sale (the “Terms of Sale”), along with any applicable Additional Terms, apply to your purchase of Bluebeam’s Software and Services through Bluebeam’s Webstore.
These Terms of Sale are subject to change at any time without prior written notice. Any changes to the Terms of Sale will only apply to sales that are made after the Terms of Sale have been updated with those changes. The most recent version of these Terms of Sale shall be posted for your review on the Website. Please review these Terms of Sale in their entirety prior to engaging in any transaction on the Webstore. Your continued use of the Webstore after any posting of updated Terms of Sale (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
These Terms of Sale are only available in English. Any translations of these Terms of Sale that may be available are non-binding and informational only.
If you have licensed Software from a third party reseller, these Terms of Sale do not apply to you and you should refer to the terms and conditions of sale of the relevant reseller.
You must be 18 years of age or older to license Software and/or purchase of Services from the Webstore.
You agree to these Terms of Sale by placing your order. If you refuse to accept these Terms of Sale, do not order Software or purchase Services from the Webstore. If you have already placed your order and no longer want to be bound by these Terms of Sale then you must either promptly cancel your order or return your purchase in accordance with Bluebeam’s return policy for that particular product or service.
We recommend that you print a copy of these Terms of Sale or save a copy to your computer for future reference after placing an order.
This is a binding agreement. These Terms of Sale may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Bluebeam.

Definitions

Capitalised terms that are not defined in this section 2 have the meaning given in the terms of this document.

"Additional Terms" means any additional terms that govern the Software and Services, which may include the General Services and Software Terms of Use, the Studio Terms of Use and the EULA.
“Bluebeam” refers to Bluebeam Australia Pty Ltd.
“EULA” means the end user license agreement that accompanies each copy of the Software and that is available at www.bluebeam.com/legal/eula as updated from time to time in Bluebeam’s sole discretion. Any changes to the EULA will only apply to sales that are made after the EULA has been updated with those changes.
“License Certificate” means the email certificate sent to you at the email address you provided to Bluebeam that includes the name of the Software licensed, your contact information, a link to download the Software, your serial number, our product key, and any add-on Services purchased by you in connection with the Software.
“Receipt” means the email confirmation sent to you confirming our acceptance of your order and dispatch of the Software.
"Related Bodies Corporate" means a body corporate that is a holding company of another body corporate; a subsidiary of another body corporate; or a subsidiary of a holding company of another body corporate; and the first mentioned body and the other body are related to each other.
“Services” mean any and all subscription based services that operate in conjunction with our Software, including, without limitation, maintenance, enterprise licenses, open licensing, as well as training, consulting and other professional services that may be offered by Bluebeam from time to time.
“Software” means a downloadable software application that is licensed to you subject to the applicable EULA, delivered to your computer via the internet, and described in your order confirmation, License Certificate and Receipt (each delivered by email to the email address provided by you to Bluebeam).
“Website” means the website operated by Bluebeam and located at the URL: www.bluebeam.com/au.
“Webstore” means the online store operated by Bluebeam located at the URL: store.bluebeam.com/?cclcl=en_NZ.

Online Orders and Process

Orders: When placing an order on the Webstore, you are effectively offering to purchase whatever Software and Services you select. Bluebeam reserves the right to accept or reject any order in our own discretion. When Bluebeam elects to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, Bluebeam reserves the right to cancel any order at any time, even if such order was previously accepted by us (as evidenced by a confirming email). Additionally, you have the option of cancelling your order at any time prior to your receipt of the email confirming your order referenced herein.
Process – Placing an Order: Upon placing an order, you will receive (A) an onscreen confirmation, which we suggest you print for your records, (B) an email confirmation, (C) a Receipt via e-mail acknowledging the order and providing registration and installation instructions, and (D) a License Certificate via e-mail.
Process – Canceling or Modifying an Order: To cancel or modify your order, you must contact Bluebeam by phone at +61 (07) 3608 5800 or email sales.au@bluebeam.com.
Delivery: Licensed Software is delivered by internet download to your computer, and requires installation and activation.

Prices

4.1 NZD Only. Prices offered on the Webstore are in New Zealand dollars only. The price paid is as reflected on your Receipt.
Taxes. Prices displayed on the Webstore do not include GST imposed in connection with the supply of goods or services. If GST is applicable to your order, it will be added to your total invoice price and provided to you both before you place your order and in your Receipt. You are responsible for payment if any GST applies to your order. If a party is entitled under these Terms of Sale to be reimbursed for any claim or loss incurred in connection with these Terms of Sale, the reimbursement payment is not required to include any GST component of the claim or loss if that party is able to claim an input tax credit for that GST component.
Prices and configurations advertised on the Webstore are subject to change without notice or obligation prior to acceptance of your order. Any changes to pricing and configurations will only apply to sales that are made after the Webstore has been updated accordingly.
Bluebeam strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical or other errors in such communications. If Bluebeam discovers a pricing error, we will notify you at the email address provided by you. You may cancel an unconfirmed order after being notified that there is any such error. Changes to pricing will not affect any order which we have confirmed with a Purchase Receipt.
The final, total price, including any applicable GST, will be stated on your Receipt.

Payment Terms

Payment may only be made with a valid credit or debit card. You represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Cheques are not accepted.
Your credit card will be charged within three (3) days of receipt of your License Certificate.

Return Policy

Bluebeam will not accept the return of any Software that you purchased from a third party, you must contact that third party if you wish to return the Software.
You may return licensed Software acquired via the Webstore at any time during the first thirty (30) days following the date your payment is received by Bluebeam for a full refund. Subject to section 6.5 and to the extent permitted by law, after this thirty (30) day period, returns will not be accepted and no refund will be paid, unless the claim is under applicable consumer law.
To make a return please follow these steps:
6.3.a. Email us at sales.au@bluebeam.com or Call us at +61 (07) 3608 5800.
6.3.b. You will be required to provide us with your order confirmation number or your email address.
To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent that you are acquiring the Products for business purposes, you represent and warrant the same, and accordingly the Consumer Guarantees Act 1993 (“CGA”) does not apply to the supply of the Software and Services; and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (“FTA”) are excluded and Bluebeam’s liability under the FTA is accordingly limited.
To the extent the CGA and/or the FTA applies, and you are not acquiring the Software for business purposes, nothing in these Terms of Sale limits your rights (if any) under the CGA and/or the FTA, or any other rights or remedies that cannot be excluded by law.

Limited Warranty; Disclaimer of Warranties

Subject to section 6.5 and to the extent permitted by law, all Software is sold ‘as is’ without warranty of any kind except as may be provided in the EULA as updated and amended from time to time by Bluebeam, and as required under applicable consumer law.
You represent and warrant to us as follows: (a) that you have the right to enter any transaction contemplated for hereby without violating these Terms of Sale, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (b) that you will use the Software and/or Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (c) that you are licensing Software and/or purchasing Services from the Webstore solely for your own use, and not for resale or export.
By agreeing to these Terms of Sale, you also agree to the Additional Terms, each of which is expressly incorporated by reference herein. This includes, but is not limited to, all provisions in those documents relating to limitation of liability for the Software and Services.
Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. and Australian export and sanctions laws.

Bluebeam's General Services and Software Terms of Use and Privacy Policy

Please review our Privacy Policy, General Services and Software Terms of Use and Studio Terms of Use which can be found at the following addresses respectively: https://www.bluebeam.com/au/legal/privacy-policy; https://www.bluebeam.com/legal/terms-of-use; and https://www.bluebeam.com/au/legal/studio-terms-of-use. The Privacy Policy governs Bluebeam’s collection, processing and use of Personal Information (as that term is defined in the Privacy Act 1988 (Cth)) that we collect from you through the use of our Website, Webstore, Software and Services. The General Services and Software Terms of Use governs your use of our Website in general. Your use of the Webstore is governed by all of these policies. If you are not able to comply with the requirements of these accompanying policies, you must not use the Software or Services.

Assignment

Bluebeam may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, in connection with a sale of all or part of its business or for the purposes of internal reorganisation. Otherwise, neither party may assign any of its rights or delegate any of its duties hereunder at any time without the other party’s prior written consent in each instance, and any attempt to do so shall be null and void.

Partial Invalidity

In the event that any part or portion of these Terms of Sale are deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Notices

Bluebeam may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email to legal@bluebeam.com.

Governing Law; Disputes

Governing Law. You agree that all matters relating to your access to or use of the Website and Webstore, including any sales or licenses there-under, any claim and all disputes (whether in contract, tort or otherwise), will be governed by the laws of New Zealand.
Time Limitation to Bring A Claim. To the maximum extent permitted by law (in particular applicable consumer law), any claim under these Terms of Sale must be brought within three (3) years after the cause of action arises, or such claim or cause of action is barred.
Dispute Resolution. In the event of any controversy or dispute between you and Bluebeam arising out of or in connection with your use of the Website and/or Webstore, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, then either party must submit such controversy or dispute to mediation in accordance with, and subject to, the Mediation Rules of the Resolution Institute. If the dispute cannot be resolved through mediation, then either party may commence court proceedings in relation to the dispute.
Court Proceedings. Any legal claim, dispute, action, proceeding or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Bluebeam (including Bluebeam’s agents, employees, successors, assigns, Related Bodies Corporate, and any third party providing any Software or Services to you in connection with your purchase), arising from or relating in any way to your license of Software or purchase of Services, these Terms of Sale, the Additional Terms and each of their interpretation or the breach, termination or validity thereof, the relationships which result from this agreement (including relationships with third parties who are not signatories to this agreement), Bluebeam’s advertising or any related purchase, must be instituted non-exclusively in the courts of New Zealand.
Nothing in this Section 12(Governing Law; Disputes) prevents either party from commencing proceedings at any time for urgent interim relief from a court of competent jurisdiction.

Entire Agreement

Nothing in these Terms of Sale limits any liability you or we may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms of Sale, where such liability cannot be lawfully excluded (which may include liability under applicable consumer law).
Subject to Section 13.1, these Terms of Sale, any communications and/or instructions that Bluebeam provides to you relating to the Software and/or Services, the applicable EULA, Bluebeam’s General Services and Software Terms of Use and Bluebeam’s Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Contact Us

Purchase Inquires: If you have questions about your order, please email us at sales.au@bluebeam.com.
Service/Support Inquires: If you have service and support questions, please email support.apac@bluebeam.com.