Terms and Conditions Scanlab Technologies Pty Ltd trading as Simulat

01. Who we are and what we do
01.1. This website (Site) is owned and operated by Scanlab Technologies Pty Ltd
(ACN 626 910 567) trading as ‘Simulat’. Throughout these terms, the terms
‘Scanlab’, ‘Simulat’, ‘we’, ‘us’ and ‘our’ refer to Scanlab Technologies Pty Ltd and
‘you’ refers to the individual accessing the Site.
01.2. Simulat creates and offers for license computer generated three-dimensional
models, photographs, simulations and images (Assets) for a variety of uses,
including for visualisation, advertising, game design, VFX, interior design and
decoration, architecture, landscape architecture, other media.
01.3. These Terms govern our relationship with you. Please read them carefully. By
visiting the Site and/or purchasing Assets you agree to be bound by these

02. Creating a user account
02.1. You must create a user account on the Site for the purpose of purchasing and
downloading Assets, and tracking past purchases.
02.2. To create an account, you will need to supply a password. It is your sole
responsibility to maintain the confidentiality of the password and the activities
conducted by your account. We are not liable for any loss or damage resulting
from your failure to maintain a secure account.
02.3. It is your responsibility to provide and maintain accurate account information,
including the user name and email address to receive purchase confirmations
and download links If you are an individual creating an account on behalf of
your employer or a company, you acknowledge and represent that you have
the legal authority to do so.

03. Payment Process
03.1. Upon selection of Assets, you will be taken to a secure third-party payment
gateway for payment processing. Payment may be made via PayPal or credit
03.2. On acceptance of payment, you will receive email confirmation and receipt of
03.3. Purchased Assets may be downloaded via:
03.3.1. A link on the confirmation page,
03.3.2. A link in the confirmation email,
03.3.3. If you have a user account, from a link in your account page.
03.4. Purchased Assets may be downloaded a maximum 4 times in total unless
otherwise specified.
03.5. If your payment cannot be processed, your order will be rejected, and you will
be notified of this on the Site.
03.6. We reserve the right to accept or reject your order for any reason at any time. If
we reject your order, you will receive a refund of any money paid.
03.7. We may withdraw or suspend from licence any Asset, either temporarily or
permanently at any time. We will not be liable to you for any loss you or a
third party suffers as a result of a withdrawal or suspension of a particular
03.8. All prices are in US dollars. If GST or other tax applies (dependent upon
country), this is included in the advertised price.
03.9. For payments made in foreign currencies, the exchange rate will be
calculated by the gateway provider and/or your financial institution at the
time of purchase. We are not responsible for any currency fluctuations or
conversion fees charged by your financial institution.
03.10. We reserve the right to change or alter prices without notice to you.
03.11. Unless provided for under these Terms or otherwise agreed with Simulat,
no cancellations or changes to orders will be accepted. You should carefully
check that your order is accurate before you submit it. You will however be
able to receive a replacement or refund as set out in these terms.

04. Licence to use Assets
04.1. Assets are licensed to you, and not sold. We do not grant you any title or
ownership to the Assets.
04.2. Upon successful payment for an Asset (or where the Asset is free of charge),
we grant you a non-exclusive, worldwide licence to the Assets for the uses
specified in these terms.
04.3. You may request authorisation for a use not covered by these terms by
emailing contact@simulat.com. We reserve the right to charge an additional
fee for uses not covered in this license agreement.
04.4. The following are the permitted uses for Assets purchased from the Site:
04.4.1. You may use the Asset as part of a Project which you create with the
04.4.2. A Project means any unique type of work, including but not limited to
the following types of work that incorporate an Asset: designs, models,
concept designs, architectural renderings, interior design renderings,
visualisations of unbuilt structures and designs, multimedia presentations,
computer games, virtual worlds or simulated environments, personal
artworks and projects, and the like.
04.4.3. Each Asset you are provided a license for, by paying the specified fee may
only be used for one Project. If you want to use it for additional Projects,
you must re-purchase the asset unless otherwise specified in writing.
04.5. You can modify or manipulate an Asset or combine it with other works in
your Project.
04.6. You can use the Asset in a Project for yourself or for a client. If you are
creating a Project for a client, the licence to the Asset is transferred to the
client provided they comply with these terms.
04.7. Unless you are creating a Project for a client, the Assets may not be sold,
given or assigned to another person or entity.
04.8. You may create one copy of each Asset for backup purposes.
04.9. Other than in relation to furniture or homeware assets (or as otherwise
specified), you may 3D-print an Asset.
04.10. You must not:
04.11. Publish, resell or redistribute Assets as-is or with modifications, including
through any clearing house or online marketplace. This restriction applies
even if it is for free.
04.12. Use any Assets in a trade mark or business logo, or claim trade mark rights
over an Asset.
04.13. Duplicate or copy Assets except as permitted by these terms.
04.14. Reverse engineer, decompile or disassemble any Assets.
04.15. Use an Asset for any unlawful purpose, or in connection with material which is
offensive, defamatory, pornographic or obscene.
04.16. Use an Asset in such a way that infringes the intellectual property rights of
Simulat or a third party.
04.17. Some Assets may have different licence terms. If so, those licence terms are
clearly stated before you purchase the Asset.

05. Restricted Uses for Furniture and Homewares Assets
05.1. In addition to the restrictions set out elsewhere in these terms, Assets which
are digital versions of furniture and homewares may not be used for the
purpose of 3D printing or other duplication of the real-life product equivalent.

06. Intellectual Property
06.1. The Assets and the content of the Site are protected by copyright and other
intellectual property laws.
06.2. All title to and intellectual property rights in the Assets (including software,
images, photographs, animations, graphics, 3D graphics, video, audio, text),
the accompanying materials, content on the Site, and any copies of the Assets
are owned by Simulat.
06.3. We do not own or license any third-party intellectual property unless explicitly
06.4. Some Assets are digital versions of real-life products. We do not make
any representations or warranties about third party intellectual property
associated with such Assets. You are solely responsible for determining the
need for and if appropriate obtaining any third-party clearance, consent or
release to use third party intellectual property in your Projects.
06.5. If you believe that your work, including any photos or design models, have
been copied on the Site in a way that constitutes an infringement of your
intellectual property rights, please contact us by email at contact@simulat.
com and provide us with a description and image of the work that you claim
has been infringed and your contact details. We will review in good faith all
such claims.

07. Permitted Uses of the Site
07.1. You must not:
07.1.1. Use the Site for any unlawful purpose or activity.
07.1.2. Attempt to breach the Site security by any means.
07.1.3. Without our express consent, copy, reproduce, transmit, adapt, distribute
or modify any content on the Site for any purpose.
07.1.4. Use any automated device, software or other means to access, retrieve,
scrape or index any content on the Site.
07.1.5. Distribute viruses or any other technologies that may harm Simulat or the
interests or property of other Site users.

08. Termination
08.1. We may terminate your licence to use an Asset at any time if we are aware
that you have breached these Terms.
08.2. On receiving notice of termination from us, you must permanently delete all
copies of Assets within your control, including as incorporated in any Project.

09. Warranties
09.1. To the extent permitted by law, Simulat makes no warranties in relation
to the Assets including, without limitation, that the Assets are fit for any
particular purpose or for your specific Project.
09.2. The Site may contain links to other websites over which we have no control.
We make no representations about the accuracy of information contained on
those websites and are not liable for their content.
09.3. The Assets come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a
major failure, and for compensation for any other foreseeable loss or damage.
You are also entitled to have Assets repaired or replaced if they fail to be of
acceptable quality and the failure does not amount to a major failure.
09.4. Simulat excludes to the fullest extent possible under the law, all implied
terms and warranties relating to the subject matter of these terms.
09.5. We have no obligation to provide a refund for reasons such as if you have
changed your mind about the Assets, bought the Assets by mistake, or don’t
have sufficient expertise to use the Assets.
09.6. Simulat’s liability under any term or condition which cannot be excluded by
law, is limited to the resupply of the Asset(s) provided or the cost of having
them resupplied. We are not liable for any expense or injury (including
indirect loss such as loss of revenue, profits, goodwill or business opportunity)
howsoever caused arising directly or indirectly from or in connection with
these terms or the license of any Asset.

10. Governing Law
10.1. These Terms are governed by the laws of Victoria, Australia. You consent to the
exclusive jurisdiction of the courts of Victoria, Australia in relation to all matters
relating to these terms.