TERMS AND CONDITIONS OF USE

​1.About the Application

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1. Welcome to Packy (Application). The Application is used for travel planning and facilitating other travel-related activities. (Services).

2. The Application is operated by Boson Tech Pty. Ltd. (ACN 679933227). Access to and use of the Application, or any of its associated Products or Services, is provided by Boson Tech Pty. Ltd.. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies 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 Application, or any of Services, immediately.

3. Boson Tech Pty. Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Boson Tech Pty. Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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.

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2.Acceptance of the Terms

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1. You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Boson Tech Pty. Ltd. in the user interface.

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3.Subscription to use the Services

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1. Our mobile app operates on a freemium model, providing users with access to basic features at no subscription fee. Users may choose to purchase a subscription to access additional premium features. The specific features available under the freemium model and the benefits of the premium subscription will be detailed in the app's subscription terms and conditions.

2. The freemium model allows users to use all features of Packy for up to a maximum of one travel destination, three days of trip, and one traveler.

3. In order to access the full range of Packy features, you must first purchase a subscription through the Application (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).

4. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

5. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (Account).

6. 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: (i)Email address (ii)Preferred username (iii)Password (iv)Gender and age (optional).

7. You warrant that any information you give to Boson Tech Pty. Ltd. in the course of completing the registration process will always be accurate, correct and up to date.

8. Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

9. You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Boson Tech Pty. Ltd.; or

• 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

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1. As a Member, you agree to comply with the following:

   1. you will use the Services only for purposes that are permitted by:

      • the Terms; and

      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

   2. you have the 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;

   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Boson Tech Pty. Ltd. of any unauthorised use of your password or email address or any breach of security of which you have become aware;

   4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Boson Tech Pty. Ltd. providing the Services;

   5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Boson Tech Pty. Ltd.;

   6. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Boson Tech Pty. Ltd. for any illegal or unauthorised use of the Application; and

   8. you acknowledge and agree that any automated use of the Application or its Services is prohibited.

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5.User-Generated Content and AI Feature

 

1. Users may generate content such as itineraries, packing lists, and other information through the AI feature of the mobile app. Users retain ownership of their generated content and by using the AI feature, grant Boson Tech Pty Ltd a non-exclusive, royalty-free, worldwide, transferable, sub- licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purposes of operating, providing, and improving the app.

 

Limited Liability related to AI Functionality

 

1. Boson Tech Pty Ltd shall not be liable for any AI hallucination, misinterpretation, or inaccuracies in the content generated by Packy's AI, ChatGPT 4.0. Users acknowledge that the AI feature is not error-free and agree that Boson Tech Pty Ltd shall not be held liable for any reliance on, or use of, the content generated by Packy's AI. Users are solely responsible for verifying the accuracy and reliability of any information or content generated by the AI feature."

 

6.Payment

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1. All payments made in the course of your use of the Services are made using Stripe. In using the Application, 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.

2. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

3. You agree and acknowledge that Boson Tech Pty. Ltd. can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

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7.Termination of User Accounts:

 

1. Boson Tech Pty Ltd reserves the right to terminate a user's account if the user violates the terms and conditions, engages in illegal activities, or uses the app in a manner that disrupts the experience of other users. In the event of termination, Boson Tech Pty Ltd will provide the user with a 30-day notice and, at its discretion, may refund any prepaid fees on a pro-rata basis for the unused period.

 

User Termination of Subscription

 

1. Users may terminate their subscription at any time through the app's settings or by contacting customer support. Refunds for subscription fees will be handled as follows:

• Users are not entitled to refunds if parts of the app are changed or discontinued.

• Refunds will only be made for the unused period after the completion of the ongoing invoicing period.

 

Automatic Renewal

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1. By subscribing to the app, users agree to automatic renewal of their subscription at the end of the subscription term. Users may opt-out of automatic renewal by adjusting their subscription settings at least 7 days before the end of the current subscription period.

 

8.Refund Policy

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1. Boson Tech Pty. Ltd. will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Boson Tech Pty. Ltd. makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

2. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

 

9.Copyright and Intellectual Property

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1. The Application, the Services and all of the related products of Boson Tech Pty. Ltd. are subject to copyright. The material on the Application 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 Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Boson Tech Pty. Ltd. or its contributors.

2. All trademarks, service marks and trade names are owned, registered and/or licensed by Boson Tech Pty. Ltd., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: 
   i. use the Application pursuant to the Terms;
   ii. copy and store the Application and the material contained in the Application in your device's cache memory;
   iii. and print pages from the Application for your own personal and non-commercial use. 
   Boson Tech Pty. Ltd. does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Boson Tech Pty. Ltd..

3. Boson Tech Pty. Ltd. retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:​
   i. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
   ii. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
   iii. 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. You may not, without the prior written permission of Boson Tech Pty. Ltd. 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 Application, which are freely available for re-use or are in the public domain.

 

10.Privacy

 

1. Boson Tech Pty. Ltd. takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Boson Tech Pty. Ltd.'s Privacy Policy, which is available

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11.General Disclaimer

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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. Subject to this clause, and to the extent permitted by law:
   i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   ii. Boson Tech Pty. Ltd. 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. Use of the Application and the Services is at your own risk. Everything on the Application 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 Boson Tech Pty. Ltd. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Boson Tech Pty. Ltd.) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• 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;

• the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

• costs incurred as a result of you using the Application, the Services or any of the products of Boson Tech Pty. Ltd.; and

• the Services or operation in respect to links which are provided for your convenience.

 

12.International Compliance and Legal Restrictions:

 

1. Boson Tech Pty Ltd acknowledges that its AI-based applications may be accessed and utilized by users located outside of Australia. In recognition of this international usage, Boson Tech Pty Ltd is committed to adhering to international compliance and legal restrictions, including but not limited to data privacy laws and consumer protection regulations that may apply in the jurisdictions where the applications are used.

 

Data Privacy Laws:

 

1. Boson Tech Pty Ltd will take reasonable measures to comply with applicable data privacy laws and regulations in the jurisdictions where its AI-based applications are used. This includes, but is not limited to, the handling, processing, and protection of user data in accordance with the relevant privacy laws and regulations.

 

Consumer Protection Regulations:

 

1. Boson Tech Pty Ltd will make reasonable efforts to comply with consumer protection regulations that are applicable in the jurisdictions where its AI-based applications are accessed and used.

2. This encompasses, among other things, ensuring that the applications provide accurate and transparent information to users and that any consumer rights afforded by relevant regulations are respected.

 

13.Limitation of liability

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1. Boson Tech Pty. Ltd.'s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

2. You expressly understand and agree that Boson Tech Pty. Ltd., its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

14.Data Collection and Use by Third-Party APIs:

 

1. Users acknowledge that third-party services and integrations may collect and use data and information in connection with the use of the application. Boson Tech Pty Ltd does not control the data collection and use practices of third-party services and integrations and disclaims any liability for how such third parties collect, use, or disclose user data and information. Users are encouraged to review the terms and privacy policies of third-party services and integrations to understand how their data and information may be collected and used.

 

15.Application Updates and Third-Party Integrations:

 

1. Boson Tech Pty Ltd may, from time to time, update the application to improve features and functionality. Users agree to receive such updates as part of their use of the application and acknowledge that continued use of the application following an update constitutes acceptance of the updated terms and conditions.

 

16.Competitors

 

1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Boson Tech Pty. Ltd.. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Boson Tech Pty. Ltd. will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

 

17.Termination of Contract

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1. The Terms will continue to apply until terminated by either you or by Boson Tech Pty. Ltd. as set out below.

2. If you want to terminate the Terms, you may do so by:

   • not renewing the Subscription prior to the end of the Subscription Period;

   • providing Boson Tech Pty. Ltd. with 14 days' notice of your intention to terminate; and

   • closing your accounts for all of the services which you use, where Boson Tech Pty. Ltd. has made this option available to you.

     Your notice should be sent, in writing, to Boson Tech Pty. Ltd. via the 'Contact Us' link on our homepage.

3. Boson Tech Pty. Ltd. may at any time, terminate the Terms with you if:

   • you do not renew the Subscription at the end of the Subscription Period;

   • you have breached any provision of the Terms or intend to breach any provision;

   • Boson Tech Pty. Ltd. is required to do so by law;

   • the provision of the Services to you by Boson Tech Pty. Ltd. is, in the opinion of Boson Tech Pty. Ltd., no longer commercially viable.

4. Subject to local applicable laws, Boson Tech Pty. Ltd. 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 Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Boson Tech Pty. Ltd.'s name or reputation or violates the rights of those of another party.

 

18.Indemnity

 

1. You agree to indemnify Boson Tech Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• 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;

• any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

• any breach of the Terms.

 

19.Third-Party Services and Integrations:

 

1. The application may utilize third-party services and integrations, including but not limited to Google Places API, ChatGPT, Google Weather API, and Flight Tracker API, to provide enhanced features and functionality. Users acknowledge and agree that their use of the application may be subject to the terms and privacy policies of these third-party services and integrations.

 

20.Dispute Resolution

20.1.Compulsory:

 

1. 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 sought).

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20.2.Notice:

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1. 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.

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20.3.Resolution:

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On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 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. If for any reason whatsoever, 28 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 The Law Society of South Australia;

3. 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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

4. The mediation will be held in Adelaide, Australia.

 

20.4.Confidential

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1. 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.

 

20.5.Termination of Mediation:

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1. If 2 months 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.

 

21.Venue and Jurisdiction

 

1. The Services offered by Boson Tech Pty. Ltd. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

 

22.Governing Law

 

1. The Terms are governed by the laws of South Australia, 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 South Australia, 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.

 

23.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.