WH Software Terms & Conditions

1. Introduction

1.1 InstaCode Live

Welcome to InstaCode Live ("Service"), an application designed especially for the locksmithing and security industry. These Terms & Conditions are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Service and apply to you from the time that WH Software provides you with access to the Service.

InstaCode Live will evolve over time based on user feedback. These Terms & Conditions are not intended to answer every question or address every issue raised by the use of InstaCode Live.

1.2 Website

You can access your account, and manage your use of it, via the InstaCode Live website at www.instacodelive.com ("Website"). The bundling options and pricing for InstaCode Live are set out on the website.

1.3 Access

Your access to InstaCode Live is subject to you:

1.4 Terms and Conditions

These Terms and Conditions apply to your use of InstaCode Live, the Website and Interfaces (as defined in clause 7.1).

You should read these Terms and Conditions before using InstaCode Live.

1.5 Changes to Terms and Conditions

We can, at our sole discretion, change these Terms and Conditions at any time, with or without notice to you.

We will notify you, by email to the email address you provide us on sign up, of any updates to these Terms and Conditions. If we do this, you may cancel your InstaCode Live subscription in accordance with clause 6.1.

The most current version of the Terms and Conditions published on the Website will apply from the time of publication and supersedes and replaces all previous versions. You can review the current Terms and Conditions by clicking on the "Terms and Conditions" hyperlink located at the bottom of each page of the Website.

2. Eligibility to use InstaCode Live

To be a user of the InstaCode Live service you must be in the locksmithing and security industry, have a valid credit card and billing address that you provide to us and keep current.

InstaCode Live Users may use one or more of the application features in accordance with these Terms and Conditions.

3. Service Details

3.1 Access to Content on InstaCode Live

Subject to availability, InstaCode Live will be available as options of:

You acknowledge that InstaCode Live may not work on all devices that fall within the list of device types set out in clause 3.1.

WH Software authorise you to download the available Content during any given 30-day payment cycle.

The Content available for InstaCode Live may vary from time to time.

3.2 Limitations on InstaCode Live

You acknowledge that downloading of Content via the internet may involve significant internet usage. The payments you make for your InstaCode Live subscription do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider may apply in relation to streaming any Content you access as part of InstaCode Live service.

You acknowledge that your ability to access data is affected by many factors, including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of data uploading and downloading) through which the Content is downloaded, other tasks that your device is performing whilst the Content is downloading, as well as the amount of other traffic on WH Software's network and the internet at the time you are streaming the Content.

3.3 Payment Information

InstaCode Live Users can view specific details regarding their Subscription Packages and any Transaction Fees in the "My Account" section of the Website.

Details of the pricing for all the InstaCode Live Subscriptions can be viewed on the "My Registrations" Webpage.

We will notify you by email at least 30 days in advance of any change in the fees for your Subscription Package. You will have the option of accepting the change or cancelling the Subscription Package. If you do not cancel the Subscription Package, we will charge your credit/debit card for the new fee from the start of your next payment cycle.

3.4 Free Trials and Promotional Offers

Free trials of certain InstaCode Live features may be offered to eligible new InstaCode Live Users from time to time. We will determine if you are entitled to a free trial of an InstaCode Live feature.

We may charge for free trials and promotional offers based on the standard fee for the InstaCode Live if we consider that the relevant trial or promotional offer is being abused. The duration of any free trial or promotional offer may vary and will be displayed on the Website for new InstaCode Live Users and/or communicated directly to existing InstaCode Live Users via the Website or email communications.

To receive a free trial or promotional offer you will (if you have not already done so) need to register as an InstaCode Live User.

It is your responsibility to know when your free trial or promotional offer of InstaCode Live ends, and to cancel your free trial or promotional offer if you do not wish to become a paying subscriber of the relevant Subscription Package. In some cases you will be able to cancel your trial or promotional offer online, in others you will need to call our Member Service team - check the "My Account" section of the website once you have taken up the free trial or promotional offer for more information. If you do not cancel your free trial or promotional offer within the free trial or promotional period, you will be billed your first subscription fee at the end of your free trial or promotional offer for the subscription fees for the relevant Subscription Package.

We reserve the right not to offer, refuse, or cancel a free trial or promotional offer at any time at our absolute discretion. Free trial and promotional offers are limited to one per person, one per credit/debit card and cannot be combined with any other offer. We reserve the right to charge a subscription fee to your credit/debit card where you have exceeded this limit (based on the subscription fee for the Subscription Package related to the free trial or promotional offer).

Except to the extent otherwise stated in a free trial or promotional offer, if you have previously been an InstaCode Live User you will not qualify for a free trial or any promotional offers for InstaCode Live, and if you select a Subscription Package you will be charged the first monthly payment immediately for the Subscription Package you have selected.

3.5 Other Promotions

From time to time we may introduce special offers, rewards, vouchers, gift certificates, payment plans and free Subscription Package trials which may be subject to additional terms and conditions.

3.6 Restrictions on the use of InstaCode Live's Content

You must:

Comply with the Usage Rules set out in clause 9;

(i) not use InstaCode Live, the Website or the Interfaces, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws, infringing any person's intellectual property rights or breaching these Terms and Conditions;

(ii) not and must not permit, authorise or assist any other person or re-transmit the Content made available to you:

4. Payment

We will charge your credit/debit card (as applicable) with the fee for your Subscription Package at the start of each payment cycle during your subscription. We will continue to charge your credit/debit card (as applicable) every month or your selected payment in advance period until you cancel your subscription.

WH Software is based in New Zealand. We will charge your credit/debit card (as applicable) in either New Zealand dollars or in a Bank of New Zealand approved foreign currency. The supported currencies are:

The currency we charge you in will be dependent on your location.

We will charge your credit/debit card (as applicable) with the fee for your Subscription Package at the start of each payment cycle during your subscription. We will continue to charge your credit/debit card (as applicable) every month or your selected payment in advance period until you cancel your subscription.

We will charge your credit/debit card (as applicable) with any Transaction Fees at the time of purchase. InstaCode Live Users can review their billing history and all account charges in the "My Account" section of the Website.

Invoices for the payment of your subscription fees are available in the "My Account" section of the Website.

Your subscription must be renewed on a regular basis to continue using InstaCode Live. Your subscription can be cancelled at any time from the "My Account" section of the Website. No refunds will be given for unused portions of a subscription period.

As soon as your initial payment is successfully processed you will be able to download, install and start using InstaCode Live.

5. Your Information

5.1 Maintaining your credit/debit card details

If you store credit/debit card details to pay for your subscription and these details change, you must update them in the "My Account" section of the Website. If you do not update your card details by either of these means, we will put your Subscription Package and any access to Content on hold, which means you will cease being able to use InstaCode Live until your card details are updated and made valid. The payment cycle for all Subscription Packages is continuous; your credit/debit card account will be billed every month or every selected payment period in advance until your Subscription Package is cancelled by you in accordance with these Terms and Conditions.

5.2 Maintaining Member and Service User information and account access

You are responsible for ensuring your Member and any InstaCode Live User information as entered in the registration form and subsequently detailed in the "My Account" section of the Website is current, accurate and complete. You can maintain and update your Member and Service User information from the "My Account" section of the Website.

You are responsible for maintaining the confidentiality of your account and password information, and for restricting unauthorised access to your account. You are responsible for all activity on your account. You acknowledge that you must keep your account and password information confidential in order to prevent fraud. You agree to indemnify WH Software against any loss, liability, costs or expenses incurred by WH Software as a result of you not maintaining your account and password information in accordance with this clause 5.2.

6. Cancelling your Subscription Package

6.1 Cancelling your Subscription Package

Your Subscription Package can be cancelled from the "My Account" section of the Website or by calling our Member Services Team (Monday to Friday 9am-5pm New Zealand time, excluding public holidays). We do not accept cancellation requests via email. Billing will stop once you have completed this process.

If you cancel your Subscription Package in accordance with clause 6.1, the cancellation will be effective at the end of the then current payment cycle unless you cancel as a result of us changing these Terms and Conditions in a way which we agree (acting reasonably) makes you materially worse off in relation to your receipt of the InstaCode Live subscription (in which case the cancellation will be effective when the change to these Terms and Conditions is effective).

6.2 Our right to suspend or cancel

We reserve the right to suspend or cancel your access to the InstaCode Live and your Membership if we have reasonable grounds to suspect that your Member or Service User information is misleading, inaccurate or incomplete or there has been unauthorised access to your account.

We reserve the right to terminate or restrict your use of InstaCode Live:

7. Intellectual Property

7.1 Copyright

All content on or available through the Website (including the Content) and all WH Software interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation ("Interfaces") are the property of WH Software, its parent company, or its (or its parent company's) suppliers and are protected by copyright laws.

Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors and your licence to the Content terminates upon the termination or cancellation of these Terms and Conditions. You agree to indemnify WH Software and its parent company from and against any loss, damage, liability, costs or expenses suffered or incurred by WH Software or its parent company in connection with any breach by you of this clause 7.1.

7.2 Copyright Infringement

We take infringement of our copyright or that of our licensors very seriously. You must not copy, reproduce, communicate to the public, transmit, or broadcast the Website, Interfaces or any Content accessed via InstaCode Live. We reserve the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Content.

7.3 Trademark

"InstaCode Live" is a trademark of WH Software Limited. All WH Software graphics, logos, page headers, button icons, scripts and InstaCode Live names are trademarks of WH Software or its parent company. WH Software's trademarks may not be used in connection with any product other than that of WH Software. All other trademarks not owned by WH Software that appear on the Website or are accessible via InstaCode Live are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by WH Software.

7.4 Links

Some of the hyperlinks on the Website may lead to other websites or interfaces that are not controlled by or affiliated with WH Software. In addition, other websites or interfaces may link to Website and Interfaces. WH Software is not responsible for the content or privacy policies of these other websites or interfaces.

8. Limitations on liability

Other than as specified expressly in these Terms and Conditions and to the maximum extent permitted by law, we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred by you or any other person arising directly or indirectly from the use by you or any other person of InstaCode Live or the Website and Interfaces.

Except for the express warranties set out in these Terms and Conditions and to the maximum extent permitted by law, WH Software provides no warranties or guarantees to you (including in relation to the Content, supply, performance or availability of the InstaCode Live, Website or Interfaces).

Whilst we endeavour to use due care and skill in relation to the provision of InstaCode Live, the Website and the Interfaces, WH Software does not warrant or guarantee that the Content, Website or Interfaces will be free from errors or omissions or will be provided to you within a particular time.

9. Usage Rules

9.1 Applicable Rules

You must be an active subscriber prior to accessing the InstaCode Live. All Content delivered may not be downloaded (save for a temporary buffer required to overcome variations in stream bandwidth) and must not be transferred between devices or from any device to any other device.

At any one time, no more than one device can be simultaneously used to stream Content.

9.2 Registration of Devices

Each InstaCode Live User License may be used on one device at any given time.

Each InstaCode Live User License may be transferred to another device a maximum of 5 times during a 30 day period. After 3 device changes a delay may be imposed before the license is allowed to be transferred to another device.

A device may be registered to one InstaCode Live license at any given time.