App Store & Wallet Terms
1. Introduction
These App Store & Wallet Service Terms (the “App Store Terms”) govern Customer’s access to and use of the Seek App Store and the associated Seek Wallet. These App Store Terms are “Service Terms” as defined in and incorporated by reference into the Seek Terms & Conditions. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Master Platform Terms (the “Master Terms”).
2. The App Store
Seek’s App Store (the “App Store”) is a digital marketplace that allows Customer to browse and subscribe to both Seek Applications, Customer Applications where Customer has provided data, and Third-Party Applications. Application Subscriptions are generally made available in monthly or yearly periods that are automatically renewed at the end of each period; however, they may vary according to any applicable Third-Party Application terms (“Third-Party Terms”). Subject to any applicable commitments included in an Order Form and to any applicable Third-Party Terms, Customer may generally terminate an Application Subscription at any time via the Platform. Providers of Third-Party Applications are referred to herein as “Third-Party Providers”.
3. The Seek Wallet
3.1 Introduction to the Wallet
Depending on whether the feature has been activated in Customer’s Platform account, the Platform may provide a feature (the “Wallet”) that holds a pre-paid balance (“Wallet Funds”), which can be used by Customer to subscribe to Applications or pay for other usage-based fees within the Platform. Customer may pre-load its Wallet using a credit card or other payment method currently accepted by Seek (“Accepted Payment Method”) to cover upcoming Subscription fees.
3.2 Restrictions and Expiration
Unless otherwise required by law, Wallet Funds are non-refundable and may not be redeemed for cash or credit outside of the Platform. Wallet Funds do not earn interest and are not protected by any private or government banking insurance plan, such as the Federal Deposit Insurance Corporation (FDIC). Any unused Wallet Funds will automatically expire twelve (12) months after the date of deposit.
3.3 Wallet Funds Disbursements
For any active Application Subscription, Seek will automatically deduct the applicable fees from the Customer’s Wallet as follows:
(a) Monthly Subscriptions: Fees will be deducted on the first day of each calendar month in which the Subscription remains active.
(b) Annual Subscriptions: The fee for the entire upcoming 12-month term will be deducted in full on the first day the Subscription becomes active and upon each annual renewal.
3.4 Sufficient Funds and Suspension
Customer is responsible for maintaining sufficient Wallet Funds to cover all applicable fees. If available Wallet Funds are insufficient to cover a scheduled deduction, Seek may, in its sole discretion, suspend or terminate the applicable Subscription or access to the relevant Application until sufficient Wallet Funds are deposited.
3.5 Priority of Payments
Seek acts as a billing and collection agent for Third-Party Providers. Seek reserves the right but shall not be obligated to deduct and retain any amounts due from Customer to Seek (including base Platform Access fees or Seek Application fees) from the Wallet Funds prior to directing any disbursements to a Third-Party Provider.
4. Third-Party Applications
4.1 Role of Seek
Customer acknowledges that Third-Party Applications are provided by independent Third-Party Providers. For Third-Party Applications, Seek’s role is limited to (i) providing the marketplace infrastructure and (ii) acting as a billing and collection agent for the collection of fees.
4.2 Independent Relationship & Third-Party Terms
The use of a Third-Party Application creates a direct relationship between Customer and the Third-Party Provider. Seek shall have no liability for the performance, support, security, or availability of any Third-Party Application. All claims regarding a Third-Party Application must be directed to the applicable Third-Party Provider. Certain Third-Party Applications may be subject to additional terms and conditions required by the applicable Third-Party Provider (“Third-Party Terms”), which can be located at [link].
5. Updates To These Terms
Seek reserves the right to modify these App Store Terms at any time. Similarly, Third-Party Providers reserve the right to modify their respective Third-Party Terms from time to time. Such modifications may be made with or without notice to Customer. Customer’s continued use of the Platform, Applications, the App Store, or the Wallet following any such modification constitutes Customer’s acceptance of the revised terms.