Terms of Service
Effective Date: 07 February 2025
1. Introduction
Welcome to Packster, a travel planning application (the "App") provided by Packster Pty Ltd ("the Company," "we," "us," or "our"). Packster leverages artificial intelligence to generate custom packing lists and travel recommendations. Offered under a freemium model, Packster provides both a free version with limited functionality and premium services available via subscription or per-trip purchase. By accessing or using the App—including both free and premium services—you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use the App.
2. Description of the Service
Packster is designed to assist travelers by providing AI-generated packing lists and travel recommendations based on your input. The service is available in two tiers:
- Free Version: Offers access to basic features and limited customization.
- Premium Services: Provide enhanced features, including comprehensive packing lists, additional travel planning tools, and custom recommendations. These are available via a subscription model or on a per-trip purchase basis.
Please Note: All content, including AI-generated recommendations, is provided for informational purposes only. You are solely responsible for verifying the accuracy, completeness, and applicability of any information before relying on it for travel arrangements.
3. User Eligibility
- Age Requirement: You must be at least 13 years old to use Packster. Users aged 13 to 18 must have parental or guardian consent.
- Representation: By using Packster, you confirm that you meet these age and other eligibility requirements and agree to comply with all applicable laws.
4. Freemium Model, Subscription, Payment, and Refund Policy
4.1. Freemium Model:
Packster is offered on a freemium basis. The free version grants limited access, while premium features require payment.
4.2. Premium Services – Billing and Payment:
- Fees: Access to premium features is subject to fees, which will be clearly communicated before purchase.
- Billing: Charges will be applied to your designated payment method at the time of purchase and, if applicable, on a recurring basis per your subscription plan.
- Payment Information: You are responsible for maintaining accurate and current payment information. Failure to do so may result in suspension or termination of your premium access.
4.3. Refund Policy:
- Non-Refundability: Payments for premium services are generally non-refundable, except where required by law or explicitly stated by the Company.
- Refund Requests: If you believe you are entitled to a refund, please contact our customer support. Refunds will be considered on a case-by-case basis.
4.4. Taxes:
Any applicable taxes will be added to the fees for premium services as required by law.
5. User Responsibilities and Conduct
5.1. Lawful Use:
You agree to use Packster solely for lawful purposes and in a manner that does not violate these Terms.
5.2. Proper Use:
- Do not misuse the App, attempt to access unauthorized areas, or disrupt its functionality.
- You are solely responsible for any decisions or actions taken based on information or recommendations provided by Packster.
5.3. Account Security:
If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activities conducted under your account.
5.4. User Content:
Any content, data, or information ("User Content") you submit, post, or otherwise transmit through Packster must not be unlawful, infringing, or violate any third-party rights. You grant the Company a non-exclusive, royalty-free, worldwide license to use, store, and process your User Content as necessary to operate the App.
5.5. Feedback:
If you provide feedback or suggestions regarding Packster, you grant the Company the right to use such feedback without any obligation to you or any compensation.
6. Intellectual Property Rights
6.1. Ownership:
All intellectual property rights in the App, including its design, text, graphics, and underlying technology, are owned by or licensed to the Company.
6.2. License Grant:
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use Packster for personal, non-commercial purposes.
6.3. Restrictions:
You may not copy, modify, distribute, sell, or lease any part of the App or its content without prior written consent from the Company.
6.4. AI-Generated Content:
All AI-generated content provided by Packster is the property of the Company and is made available under the license provided herein.
7. Disclaimer of Warranties
7.1. "As Is" Basis:
Packster is provided on an "as is" and "as available" basis without any warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2. Accuracy and Reliability:
While we strive to deliver accurate and up-to-date recommendations, we do not guarantee that any information, including AI-generated content, is error-free, complete, or current.
7.3. No Professional Advice:
The content and recommendations provided by Packster are not intended to substitute for professional advice. Always seek professional guidance for travel, legal, or other specific issues.
7.4. External Content:
Packster may include content or links provided by third parties. We do not endorse or guarantee the accuracy of such content, and its use is at your own risk.
8. Limitation of Liability
8.1. Exclusion of Damages:
To the maximum extent permitted by applicable law, the Company and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, data, or other intangible losses) arising out of or relating to your use of or inability to use Packster.
8.2. Cap on Liability:
In any event, the total liability of the Company for all claims arising out of or related to your use of Packster shall not exceed the total amount paid by you for premium services in the 12 months preceding the incident.
8.3. Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Accordingly, some of the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from or related to your use of Packster, violation of these Terms, or infringement of any rights of a third party.
10. Third-Party Services and Content
10.1. Integrations and Links:
Packster may include links to, or integrate with, third-party services, websites, or applications. These third-party offerings are not under the control of the Company.
10.2. No Endorsement:
We do not endorse or assume responsibility for any content, policies, or practices of third-party services. Your interactions with such third parties are solely between you and the third party.
11. Modifications to the Service and Terms
11.1. Service Modifications:
The Company reserves the right to modify, suspend, or discontinue any aspect of Packster at any time without prior notice.
11.2. Changes to Terms:
We may update these Terms from time to time. Significant changes will be posted within the App and may be communicated via email. Continued use of Packster after such changes signifies your acceptance of the new Terms.
12. Termination
12.1. Termination by the Company:
The Company may suspend or terminate your access to Packster at any time, with or without notice, for any reason, including breaches of these Terms.
12.2. Effect of Termination:
Upon termination, your right to use Packster ceases immediately. Provisions that, by their nature, should survive termination (including but not limited to Sections 6, 7, 8, 9, and 13) will remain in effect.
12.3. User-Initiated Termination:
You may stop using Packster at any time. However, termination of your account does not automatically entitle you to a refund for any fees already paid.
13. Governing Law and Dispute Resolution
13.1. Governing Law:
These Terms are governed by and construed in accordance with the laws of Australia. You consent to the exclusive jurisdiction of the courts in [State or Territory, e.g., New South Wales] for any disputes arising from or relating to these Terms or your use of Packster.
13.2. Dispute Resolution Process:
- Negotiation: The parties agree to first attempt to resolve any dispute through direct negotiation.
- Mediation and Arbitration: If negotiations fail, disputes shall be submitted to mediation. Should mediation not resolve the dispute, binding arbitration shall be pursued in accordance with applicable rules in Australia.
14. Consumer Rights
14.1. Australian Consumer Law:
Nothing in these Terms is intended to exclude or limit any rights or remedies provided to you under the Australian Consumer Law. In cases where a provision of these Terms conflicts with mandatory consumer rights, the consumer rights shall prevail.
14.2. Acknowledgment:
By using Packster, you acknowledge and accept your rights under applicable consumer protection laws.
15. Entire Agreement
These Terms, along with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding your use of Packster. They supersede all prior or contemporaneous communications, proposals, or representations, whether oral or written.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
17. Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, failure of suppliers, or interruptions in telecommunications or internet service.
18. Assignment and Transfer
The Company may assign or transfer these Terms, in whole or in part, at its sole discretion without notice. You may not assign or transfer any rights or obligations under these Terms without the Company's prior written consent.
19. No Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
20. Notices
Any notices or communications required or permitted under these Terms shall be in writing and deemed delivered when sent via email to the address provided in your account or posted on the App, or when delivered by certified mail to the Company's address as listed below.
21. Contact Information
For any questions, concerns, or feedback regarding these Terms or any aspect of Packster, please contact us at:
Packster Pty Ltd
Email: support@packster.com
By using Packster, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.