Terms and Conditions

1. About the Website

  1. 1.1. Welcome to https://package.studio (the 'Website'). The Website is owned and controlled by Package Studio (Australian Business Number 475 453 384 06), ('Package Studio').
  2. 1.2. The Website is a service. The Website only facilitates interactions between:
    1. (a) Those people or organisations looking for proprietary software libraries (the 'Receiver'); and
    2. (b) Those sellers selling proprietary software libraries (the 'Provider'), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
  3. 1.3. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
  4. 1.4. Package Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Package Studio updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Your use of this Website following the posting of such shall constitute your acceptance of any such changes.

2. Acceptance of the Terms

  1. You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Package Studio in the user interface.

3. The Services

  1. 3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
  2. 3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. (a) an email address
    2. (b) preferred username
    3. (c) a password
    4. (d) Company website url, company logo
  3. 3.3. You warrant that any information you give to Package Studio in the course of completing the registration process will always be accurate, correct and up to date.
  4. 3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
  5. 3.5. You may not use the Services and may not accept the Terms if:
    1. (a) you are not of legal age to form a binding contract with Package Studio; or
    2. (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

  1. 4.1. As a Member, you acknowledge and/or agree to comply with the following:
    1. (a) you will not share your profile with any other person
    2. (b) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. (c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
    4. (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Package Studio of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    5. (e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
    6. (f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
    7. (g) your Content does not infringe any intellectual property rights, including in relation to copyright and trademarks;
    8. (h) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
    9. (i) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
    10. (j) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Package Studio;
    11. (k) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or
    12. other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    13. (l) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Package Studio for any illegal or unauthorised use of the Website; and
    14. (m) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Using the Website as a Receiver

  1. 5.1. For a personal user, one must create an account, then login and enter their personal credit card details. They can then search for software licences which they can purchase. Once purchased, the software libraries will instantly become available for installation via the appropriate software package manger. Detailed installation instructions will available via the website. Following the instructions, the software can then be installed via their software package manager.
  2. 5.2. For an organisation, one must create an account, then login and create an organisation. They must connect their organisation with a matching Stripe account which which is required before using the organisation feature. They must then supply the appropriate credit card details which will be the source of all funds for purchases made via the organisation. The organisation can then search for software licences which they can purchase. Once purchased, the software libraries will instantly become available for installation via the appropriate software package manger. Detailed installation instructions will available via the website. Following the instructions, the software can then be installed via their software package manager.

6. Using the Website as the Provider

  1. 6.1. One must create an account, then login and create an organisation. The Provider member must connect their organisation with a matching Stripe account which will be charged with any purchases they make. The Provider can then import the software package metadata from by connecting their personal GitHub/BitBucket/GitLab (or other account as the case may be) accounts. After the package metadata has been imported, they can create 'Licences' which can be purchased by other users/organisations to gain access to the imported packages.
  2. 6.2. The Provider will be able to include an end user license agreement ('EULA') to any Receiver at the point of sale. Package Studio will also supply a standard template EULA for use by the Provider. This document is a generic template that has not been tailored for each Provider's specific circumstances. Using the supplied EULA is done entirely at your own risk. It is provided 'as is' and Package Studio makes no warranties surrounding its usability or fitness for purpose. Package Studio's liability in relation to the use of the template EULA is limited to the fullest extent permissible by law, in accordance with clause 12.1 and 12.2 of these terms and conditions.

7. Payment

  1. 7.1. By Package Studio offering the Services to you, you agree that:
    1. (a) The funds are transferred on a single or subscription basis depending on the setup of the purchased software licence. If a Member purchases a licence the funds will be transferred from its/their configured credit card to the sellers Stripe account. If an organisation purchases a licence the funds will be transferred from its/their configured credit card to the sellers Stripe account.
    2. (b) In both cases a three percent (3%) application fee is taken by Package Studio from the amount transferred to the Seller ("Package Studio Fee") and the Seller will receive the remaining funds after being processed through the Stripe payment gateway. Package Studio reserves the right to change this fee. You will be notified of any change to the Package Studio Fee. Once a Package Studio Fee has been received it is final.
  2. 7.2. All payments made in the course of your use of the Services are made using Stripe ('Stripe'). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website. Please note that depending on your location, these terms of service may vary slightly. Ensure you read and understand the terms of service that apply to you.

8. Refund Policy

  1. 8.1. Package Studio functions as the facilitator in introducing the Receiver to the Provider, and providing a system to make safe payment. Package Studio does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
  2. 8.2. If a Receiver is unsatisfied with the Services provided by a Provider and believes that they may be entitled to a refund, Package Studio requires the Receiver to contact the Provider directly to request a refund. If contacting the Provider is not successful after fourteen (14) days, the Receiver must contact Package Studio directly through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to ensure that the Provider receives the refund request, and responds to you within 14 days. Package Studio cannot settle disputes between a Provider and a Receiver, and both parties understand that it is their responsibility to resolve differences amongst themselves.
  3. 8.3. If contacted by a Receiver (or by Package. Studio on behalf of the Receiver) who is requesting a refund pursuant to clause 8.2, and if the Provider agrees to provide a refund, it will login to their Stripe account dashboard and find the Receiver listed under 'Customers'. Once the Receiver is identified via their email address, the Provider will instruct Stripe to refund the appropriate payment by clicking 'Refund Payment'. It is acknowledged by the Provider that the Package Studio Fee will not be refunded by Package Studio, and will be refunded to the Receiver from the Provider's Stripe account balance. For the avoidance of doubt, all Package Studio Fees are final once any transaction is completed. The Seller is solely responsible for any necessary refunds or replacements as the vendor, in accordance with Australian Consumer Law.
  4. 8.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms. Failure to respond to refund requests by the Seller may result in termination of its membership to Package Studio without further notice to you.

9. Copyright and Intellectual Property

  1. 9.1. The Website, the Services and all of the related products of Package Studio are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services, are owned or controlled for these purposes, and are reserved by Package Studio or its contributors.
  2. 9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by package Studio, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. (a) use the Website pursuant to the Terms;
    2. (b) copy and store the Website and the material contained in the Website in your device's cache memory; and
    3. (c) print pages from the Website for your own personal and non-commercial use.
    Package Studio does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Package Studio.
  3. 9.3. Package Studio retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
    1. (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    2. (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
  4. 9.4. You may not, without the prior written permission of Package Studio and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
  5. 9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Package Studio a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content without further notification to you, and for no fees or charges payable to you.

10. Privacy

  1. Package Studio takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Package Studio's Privacy Policy, which is available on the Website and can be found here.

11. General Disclaimer

  1. 11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. 11.2. Subject to this clause, and to the extent permitted by law
    1. (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    2. (b) package studio we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  3. 11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Package Studio make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Package Studio) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    3. (c) costs incurred as a result of you using the Website, the Services or any of the products of Package Studio; and
    4. (d) the Services or operation in respect to links which are provided for your convenience.
  4. 11.4. You acknowledge that the Package Studio Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Package Studio holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
  5. 11.5. You acknowledge that the Package Studio Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and that Package Studio is not responsible for disputes of any kind or nature that arise as a consequence of a transaction or interaction facilitated by the use of this Website.

12. Limitation of Liability

  1. 12.1. Package Studio shall not be liable for any form of incidental, indirect, special, exemplary, punitive or consequential Loss including any third party Loss, loss of profits, loss of production, increased operating costs, loss of revenue, loss of data, loss or denial of opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of interest or credit rating or any pure economic loss; which is not a natural or normal consequence of a cause of action suffered or incurred by you whether arising in contract or tort (including negligence) in equity, or under any statute. For the purposes of this clause 'Loss' means all liabilities, losses, damages, fees, expenses and costs (including legal costs on a full indemnity basis and whether incurred or awarded and disbursements reasonably incurred) of any kind and nature whether arising in contract or tort (including negligence) in equity, or under any statute.
  2. 12.2. Notwithstanding any other clause in this Agreement and to the extent permitted by law, the maximum liability of Package Studio arising out of or relating to this Agreement both during and after the Term shall be limited to the total cost of the resupply of the Services
  3. 12.3. You acknowledge and agree that Package Studio holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

13. Termination of Contract

  1. 13.1. If you want to terminate the Terms, you may do so by providing Package Studio with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to package studio via the 'Contact Us' link on our homepage.
  2. 13.2. Package Studio may at any time, terminate the Terms with you if:
    1. (a) you have breached any provision of the Terms or intend to breach any provision;
    2. (b) Package Studio is required to do so by law;
    3. (c) Package Studio is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
    4. (d) the provision of the Services to you by Package Studio is, in the opinion of Package Studio, no longer commercially viable.
  3. 13.3. Subject to local applicable laws, Package Studio reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Package Studio's name or reputation or violates the rights of those of another party.
  4. 13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Package Studio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Indemnity

  1. 14.1. You agree to indemnify Package Studio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    2. (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. (c) any breach of the Term

15. Dispute Resolution

  1. 15.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
  2. 15.2. Notice:
    A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. 15.3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
    1. (a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    3. (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. (d) The mediation will be held in Victoria, Australia.
  4. 15.4. Confidential:
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  5. 15.5. Termination of Mediation:
    If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Venue and Jurisdiction

  1. The Services offered by Package Studio is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

17. Governing Law

  1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18. Independent Legal Advice

  1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.