Terms The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Mindscape Limited, in which case the separate agreement shall govern). Formation of Contract The contract is formed only when the goods are dispatched by the seller. Consumer Guarantees Act 1993 Where the buyer is acquiring the product for the purpose of business then the New Zealand Consumer Guarantees Act 1993 shall not apply. In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the New Zealand Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer's rights under the Act. Delivery Software is delivered electronically and is available for immediate download from this website following successful purchase. Cancellation of Transaction or Refund To obtain a refund on a software product license that was delivered to you online, you must adhere to the following guidelines. If you have any questions about this refund policy, please contact hello@raygun.io. After purchase, Mindscape software is covered by a limited 30-day money-back guarantee. Requests for the refund of the purchase of a software license must adhere to the following conditions: Customers will only be eligible for refunds where a fault has been discovered in the software or the software does not perform as we claim. We must be given 14 days to rectify any problems reported. You will give us every assistance that we require to resolve any issues. We must receive all requests for refund in writing or email within 30 days of the date that you purchased the software. Provided these conditions are met, your purchase price will be refunded in full. Mindscape will refund the full price of the purchase in USD, the currency which we accept for payment. Customers assume the risk of currency fluctuations when paying in a local currency. If you have not yet downloaded the software and wish to cancel your transaction please contact support@mindscape.co.nz quoting your receipt number. Seller's Liability and Maintenance Guarantee The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment. The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller. Force Majeure The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control. Disputes and Proper Law Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996. The contract including these terms and conditions of sale shall be governed by New Zealand Law.