If you don’t accept the terms, don’t use the Site.
Packaging Seller is a virtual platform and creative marketplace where customers buy and sell licenses to use digital items that include packaging designs and templates. As a website, Packaging Seller provides an online platform for buyers and seller who transact directly with each other. We hold the rights, without giving any prior notice, to:
a) Change the Packaging Seller site
b) Stop providing the site for transaction
c) Stop providing some features available generally, or
d) Create a usage limits (number of transactions) for the site
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us bind each other in any way. Packaging Seller works as an agent between you and the authors for the purpose of collecting payments. To know more about the warranties authors promise go to the "Promises Authors Make" section, to know how to limit authors’ liability to buyers, go to the "Liability and indemnity – between authors and members" section, and to read the disclaimer of authors’ liability to buyers, kindly check the "Consumer laws" section in this document.
If you are above 13 years of age, you are eligible to browse the Packaging Seller site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing our website, we expect you to agree in following our guidelines or instructions while bearing in mind that these terms apply to any use of our Packaging Seller site.
The items displayed or enlisted on Packaging Seller are owned by the authors, not by us. We only provide the platform to make the transaction and don't take ownership of the items.
Our membership is complete free. To become a member of our community you just need to create an account and accept these terms. The account will allow you to buy and sell items, like the ones found on the site, and make other related transactions.
To become a member you need to be 18 years or over. If you’re under 18, you can ask a parent or guardian, who is over 18 years, to open an account that you can use with their consent. Your parent or guardian will be held responsible for all your activities at Packaging Seller. Once you become a member, you also earn the right to become an author.
Points to consider to become a member:
You promise to give us information that is true, accurate and complete.
You will keep your account up to date and always use a current e-mail address.
You understand that your membership is not transferrable.
Any transaction that takes place using your username and password will be considered genuine. So always keep your username and password secret and do not share with anyone.
If you come across any unauthorised use of your username and password, or any other breach of security, let Packaging Seller know about that immediately.
Packaging Seller will not be held liable for any loss occurred due to any unauthorised use of your account with us.
For safety purposes, we suggest all our members to not make any account details public on and off the Packaging Seller site. On the site, your contact details will include your email address, street address, Skype name and contact number. If you decide to divulge your details to any third parties, it must not be for any reason prohibited under section "Prohibited Conduct" and you will do so at your own risk.
By providing us with your email id, you give us your consent to send you site-related notices, including any required by law and other messages such as a change in service features and special offers.
To make things easier for you, we give you plenty of options as payment methods including Credit Card, Debit Card, Net Banking or PayPal. You may be required to pay a handling fee charged over the actual item price.
while buying an item from Packaging Seller, you are responsible for currency conversion costs relating to your Packaging Seller Account. For you your financial institution will do the currency conversion and may charge you additional fee to do that. This means that you may incur additional costs when purchasing from Packaging Seller, which we have no control over.
Terms of buying
Upon buying an item from Packaging Seller you agree on the following terms:
• You promise to Packaging Seller and the author that you have carefully considered the suitability of your chosen license, and that your choice is correct
• You agree to not cancel a completed purchase of an item
• Packaging Seller and the authors do not promise that any particular item will continue to be available on Packaging Seller so it’s your responsibility to immediately download and save the item upon buying
• Once an item has been paid for and downloaded, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item)
• Even after you have bought the item, the author still retains ownership of the item
• Upon purchase, your relevant details may be provided to the author of the item in order to facilitate the transaction, like invoicing
• Packaging Seller has the right to enforce against you the terms of the license that you have acquired from an author
Promises authors make
The author of an item promises you that:
• The item is of acceptable quality and fit for the purpose for which it is sold
• The item matches the description given on the item preview page, as well as any other item preview
• They will honour the expressed promises given to you that are not contained in these terms;
• they have the rights necessary to license that item on the terms of applicable license;
• your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
• the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
• the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
• the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
Packaging Seller does not offer a refund on the purchase made on the site unless it was promised by the author in section “Promises Authors Make”, or any promise is breached under relevant consumer protection laws. In that case, contact Packaging Seller for the refund. We will assess your request on the basis of its merit, like the type of item preview that was available before purchase.
There is generally no obligation to provide a refund in situations like the following:
• You have changed your mind about the item
• You bought an item by mistake
• You do not have sufficient expertise to use the item
• You ask for goodwill
• You can no longer access the item because it has been removed (that’s why you need to download and keep the item safe with you after it is bought)
If a refund issue is raised by us, it will be done following the same manner used to make the purchase and you will be refunded using the same method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.
Once a refund is made, you agree to delete all the relevant product files (items) from everywhere you have kept them in your computer. You also agree not to use the product file (item) in any form whatsoever because you have been refunded and do not have the right of usage and your license will be revoked immediately.
If you want Packaging Seller to make the refund, you should contact us directly and not lodge a dispute with the payment agent. If you decide to go ahead with lodging a dispute, we hold the right to freeze your Packaging Seller account until a refund is made.
We are not a bank or licensed deposit taker. Which means that Packaging Seller members don’t get the benefit of any deposit insurance or guarantee under any relevant law about banks. Kindly note that we never act as a fiduciary or trustee for you and are not a licensed financial service provider.
Packaging Seller Credits
If you have a Packaging Seller Account you are eligible to buy Packaging Seller Credits.
When a deposit is made in your user account, the amount deposited gets converted into US Dollars by your financial institution. In your account, one (1) US Dollar will be counted as one (1) Packaging Seller Credit. These credits cannot be converted into money and only be used to pay for Packaging Seller Marketplace transactions. No refund will be made against the money deposited to your Packaging Seller account to buy Packaging Seller Credits. If you think to own different rights under an applicable consumer law in that respect, those are not excluded.
Liability and indemnity between authors and members
Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
• If another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party
• If that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim
For each items purchased the liability of each author to their buyers is otherwise limited to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from any wilful misrepresentations made about the item.
Packaging Seller owns all the content available on its site (unless otherwise stated and excluding content owned by others). This includes design, compilation, look and feel of the site, copyright, and other intellectual property displayed on the site. We also own all the trademarks, logos, service marks and trade names on the site (unless otherwise stated and excluding the things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
It should be noted that we do not own any items on Packaging Seller as they are owned by our authors. So the responsibility for item quality, safety or legality is not ours. We make no promises that the items or any member content, code, data or materials available on or via the Packaging Seller do not infringe the intellectual property rights of a third party. Each author provides promises to you directly when you purchase their item. For more information, see section "Promises authors make".
Copyright, trademark and intellectual property claims. We respect the intellectual property rights of others and require that authors do the same. If you believe that an item or member content infringes any intellectual property right (including copyright), please feel free to contact us.
Model and property releases. Items are available for commercial use (unless stated otherwise by the author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed. Please ask the author directly if you need a copy of a release.
We believe in complete privacy and are determined to provide you that. When you apply to become a member, you are asked to provide some relevant information about yourself. This information may be used by us and member contractors in connection with providing the Packaging Seller site and its services, including marketing activities.
Confidential Information. We understand the value of your personal and account-related information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Packaging Seller site will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Packaging Seller site, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Packaging Seller site to any other person.
Linking to the Packaging Seller
If you wish to link from other sites to the Packaging Seller site, you are required to link to a full version of the page and not link directly to an image or file hosted on Packaging Seller. That includes no "in-line" linking methods resulting in images hosted on Packaging Seller being displayed on other sites. You must not "frame" any Packaging Seller pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Packaging Seller be discontinued and also to revoke your ability to link to the Packaging Seller.
Links from the Packaging Seller
The Packaging Seller site may contain links to other non-Packaging Seller sites. We neither have any control or responsibility over anything on those sites nor we endorse or sponsor those sites, even if they are affiliated to us.
Third party developers
We welcome all kinds of relevant contribution from our website and community members to offer applications that work with Packaging Seller. You will need to form your own view about these applications and their developers as we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
Eligibility, suspension or termination
Membership is given to those who agree to follow our rules and treat fellow members with respect. We may, using reasonable discretion, decide whether or not your use of Packaging Seller complies with these terms.
We can suspend or terminate your Packaging Seller account at any time for any of the following reasons:
• If you breach the terms you agreed upon
• If you act in a way that does not align with the values of our community
• If you act in a way that could cause harm to us or other members
If we decide to permanently terminate your Packaging Seller account, you are not supposed to apply for a new account as you will no longer be welcome in our community.
Blocking a member, disabling an account or refusing to process a payment. We may choose to block you, terminate your account or refuse to process a payment if we have valid reasons to believe that there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. Members can also get blocked from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without any prior notice. If required by the law we may forfeit your existing deposits or earnings.
Prohibited Conduct. Packaging Seller is founded on the idea of community and like any healthy community, some things are not allowed and will not be tolerated.
We simply take a common sense approach to the general code of conduct on Packaging Seller but you have to promise that you will not:
• Use a false email address, impersonate others, or misrepresent your affiliation with others
• Attempt to gain unauthorised access to computer systems or content through Packaging Seller
• Attempt to contact other members through Packaging Seller or use any information gained from Packaging Seller with the intention to make a private arrangement that would otherwise be made legally through Packaging Seller
• Enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms
• Use information gathered from or through Packaging Seller in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site)
• Attempt to or actually interrupt, negatively impact or alter the Packaging Seller operation in any way
• Use Packaging Seller or any of its content in a way that violates applicable law, violates the intellectual property or other rights of our or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory
• Modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through Packaging Seller, other than in accordance with these terms or the license for the item.
Content removal. We can look at or remove any of your content for any reason at our discretion. Reasons might include a) quality assurance, b) upon receiving a valid copyright take-down notice c) doubt of unauthorised, misleading, incorrect, offensive content, d) if the content breaches anyone else’s rights, or e) if we think that your use of Packaging Seller and any content might result in liability to us or anyone else.
Liability and indemnity
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Packaging Seller and any content you post to Packaging Seller (including, if you are an author, your items).
If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
• The items on Packaging Seller posted by authors
• Information provided by authors about their items (including on any item page)
• Your use of items from Packaging Seller
Please notice that liability for items posted by the author "Packaging Seller" is assumed by the author "Packaging Seller".
Our liability to you in connection with Packaging Seller or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
Availability. We strive to have Packaging Seller available to you 24 hours a day, seven days a week. However, occasionally you might not be able to access Packaging Seller, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change the aspects of how Packaging Seller works. Packaging Seller will not be liable to you for any loss you suffer as a result of these things.
The site is provided on an "as is" and "as available" basis. Members will use the site at their own risk. To the maximum extent permitted by applicable law, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Packaging Seller, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. You will be responsible for any content downloaded or otherwise obtained through the site and only you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the site.
Governing Law. We control and operate Packaging Seller from our office in Agra, India. The laws of India govern these terms, and you submit to the jurisdiction of its courts for the resolution of any dispute between us.
The Packaging Seller site is controlled and operated from its facilities in Agra, India. Packaging Seller makes no representations that the site is appropriate or available for use in other locations. Those who access or use the site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all the applicable laws of the city of Agra, India and local laws and regulations, including but not limited to export and import regulations.
Consumer laws. It is possible that in some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, Packaging Seller and its authors are bound only by the promises made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
Packaging Seller cares about the integrity and security of your personal and account information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal and account information for improper purposes. You acknowledge that you provide your personal information at your own risk.
For any dispute with Packaging Seller, you agree to first contact us and attempt to resolve the dispute with us informally. In the event that Packaging Seller has not been able to resolve a dispute, we both agree to resolve any claim, dispute, or controversy (excluding any Packaging Seller claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the International Chamber of Commerce ("ICC"). Each party will be responsible for paying any ICC filing, administrative and arbitrator fees in accordance with ICC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Packaging Seller are each waiving the right to a trial by jury or to participate in a class action.
Author: A member who makes items available for sale on Packaging Seller.
Buyer: A member who buys items on Packaging Seller.
Packaging Seller content: All the content that we have put on Packaging Seller that includes the design, compilation, and look and feel of the Packaging Seller site, and copyright, trademarks, designs and other intellectual property on Packaging Seller (unless otherwise stated and excluding content owned by others like author content).
Packaging Seller account: What you receive when you become a Member which allows you to buy and sell items on Packaging Seller.
Item price: The price buyers pay for the license to use an item.
Items: Digital goods found on Packaging Seller like mockups, templates, images and some other design assets.
Member: A person who signs up by creating an account and accepting these terms.
Payment method: Any payment agent or method we make available on Packaging Seller.
Your content: Everything that you post on Packaging Seller, or send via Packaging Seller to other members and to us including items, files, communications and materials.
Please contact us with any questions regarding this Agreement.
Any notice we send to you will be emailed to your Packaging Seller account email address.