Terms and conditions

Perspective Project Regulations

Art. I. General provisions

These Regulations define terms and conditions of provisions of electronic sales by Perspective Project and was made available to Consumers in the electronic form before the conclusion of the Transaction, through the Perspective Project Website.

§1 Definitions:

1. Perspective Project – Perspective Project (Business name) legal name Roman Marchyshak (ABN 16706875703), registered in Chatswood, 2067, NSW, Australia

2. Consumer – a physical person concluding this the Transactions for purposes solely other than related directly to his/her business or professional activity

3. Entrepreneur - a physical person, a legal person and organizational unit which is not a legal person, but is granted the legal capacity on the basis of a separate law – performing business activity on its own behalf

3a. Small Entrepreneur - a physical person performing business activity on its own behalf concluding the Transaction with Perspective Project directly connected with his or her economic activity, but not of professional nature.

4. Transaction – procedure of entering into the Licence for Perspective Project Products between Perspective Project and the User,

5. User – is the Consumer or the Entrepreneur concluding Transaction,

6. Licence for Perspective Project Products - licence, under which the User as a Licensee acquires from Perspective Project as a Licensor the right to use the Perspective Project Products for commercial and personal purposes, excluding the possibility of their further resell, giving, whether for remuneration or not sublicense, share or distribute. Licence is non-exclusive and granted for undefinite period of time,

7. Perspective Project Products, Products – digital files which consist of:

a. Collection of 2D files – digital files in 2D format,

b. Collection of 3D files– digital files in 3D format,

c. 3D asset box – collection of the files which make the editable 3D models destined for the use in 3D scenes, for example, trees, furniture, toys, household appliances,

d. textures – files in form of photos which are used for editing and giving a certain external appearance to 3D model,

e. HDRI – files recorded in 2D format in a form of photos,

f. landscapes– the collection of photos used for creating the background in graphic designs,

g. materials - files of certain material enabling to give external apperance to the 3D block,

h. Tutorials - computer presentation in a form of video file or in a form of text combined with pictures and films, illustrating 2D and 3D files, enabling the “step by step” approach to learning of making a given activity,

i. renders – non-editable files from the scenes with models, appearing in a form of photos,

j. videos – video files presenting both 2D and 3D models,

8. Perspective Project Store – a separate form of the Perspective Project Website part where the User can make a purchase of the Perspective Project Products,

9. Perspective Project Website – internet website maintained by Perspective Project in English, through which the Transactions are made and other services related to the Transactions are rendered, maintained by Perspective Project in the domain perspectiveproject.com.au,

10. Registered User – the User who has an account on the Perspective Project Website,

11. Unregistered User – the User who does not have an account on the Perspective Project Website,

12. Account – an account maintained for the User by Perspective Project under unique name (login), which is a collection of resources where the User’s data and information about the User’s activities are stored and where the Products purchased by the User are made available,

13. Seller – Perspective Project offering the Products for sale in the Perspective Project store,

14. Registration – the procedure for opening the Account,

15. Reseller – entity reselling the Perspective Project Products,

16. PPPP, Perspective Project Partner Program - an Perspective Project loyalty program that allows purchasing the Products at lower prices for the selected Perspective Project Products.

§2 Technical conditions for the use of Perspective Project Website

1. In order to use the functions of the Perspective Project Website correctly and to the fullest extent possible, the User shall have:

a. a device with access to internet,

b. internet search engine of XHTML 1.0 standard, or higher, or software of similar parameters.

2. The use of all the functions of Perspective Project Website can be conditioned by the installation of Java, or Java Script software and the acceptance of cookies files.

Art. II. Sale of Perspective Project Products

§1 Subject of Sale

1. The subject of the sale is the License for Perspective Project Products which are described in detail in art. 1 §1 point 7 of these Regulations.

2. Perspective Project provides the Perspective Project Products only in the extend and under the conditions described in the Regulations and in accordance with the contents of the License for Perspective Project Products.

3. Perspective Project is not required, in particular to develop or adapt the system to individual User needs, access to source code, adapt of User’s system or software to the needs of cooperation with the Perspective Project Products, to provide any consulting or advisory services to the User or to provide access to Internet for the User.

4. The User is obliged to secure, its own and at his own cost, hardware and software and access to the Internet network to allow the use of Perspective Project Products.

§2 Sales Transaction

1. The sale of Perspective Project Products is conducted via Perspective Project Store, or through the Resellers.

2. Concluding the Transactions through the Perspective Project Store occurs by placing an order on the website of Perspective Project Store. Conclusion of the Transaction and its provisions are confirmed by the User immediately.

3. For placing and order with the Perspective Project Store it is not required to make the Registration of the Account.

4. User places an order by adding a given Perspective Project Product and clicks the “Checkout” or "BUY" bookmark. The only information which shall be given is the method of payment.

5. After giving the required information the order shall be confirmed by clicking “Pay” bookmark and then the screen will appear showing the confirmation of order placing, the number of the order etc. At the same time the User shall receive the order acknowledgment by mail.

6. The purchased Perspective Project Product which is available in download version after making the payment will remain by link in confirmation letter.

7. Automatically after making the payment by the User, but not later than within maximum 3 days from registering the payment of the given fee for the purchase of the Perspective Project Product, Perspective Project shall make the Perspective Project Product available to the User. If no payment is received by Perspective Project within fixed period of time, the Transaction is considered not to be concluded.

8. Perspective Project does not convey any copyrights.

§3 Payment Policy

1. All the prices quoted in Perspective Project Store are net prices (GST tax exclusive), denominated in AUSTRALIAN DOLLAR currency, this is AU$.

2. Perspective Project is not registered for GST (09.2024)

3. The Perspective Project Products purchased by the User, which are available in download version, are:

a. in the case of entities from outside of Australia (non Australian) Entrepreneurs entities, exempt from taxation,

b. in the case of Consumers and Australian Entrepreneurs, increased by the rate of VAT applicable in the country of User’s seat or place of residence or living.

4. Perspective Project Products purchased by User having seat or place of residence or living on Australian territory are taxed with the VAT at a rate of 10%.

5. The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

6. The payments can be made by the User via PayPal site or by payment card (VISA or Mastercard) via PayU site. Antorher entity providing online payment services in the field of card payments is Stripe Payments Australia Pty Ltd A.C.N. 160 180 343.

7. Availavle payment forms: Paypal, Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro... (see Stripe Payment Methods)

§4 The rights of the Registered User

1. The Registered User is entitled to take part in the Perspective Project Partner Program.

2. After making the Transaction the Registered User will not receive any e-mail message with the password. To make Transaction or download the files the User uses the same login and password.

3. At any time the Registered User can delete or edit his/hers Account.

§5 Delivery of the Perspective Project Products

1. The purchased Perspective Project Products are available in download version.

2. The downloading of the Perspective Project Products which are available in download version is made by using the “Download file” link in confirmation letter.

3. The Registered Users use their own password and login to enter the “Customer profile”.

4. In case of inability to download within 48 hours the User shall contact Perspective Project.

§6 Guarantee, warranty and return of the goods

1. All the Perspective Project Products are new, free of physical and legal defects.

2. Perspective Project liability is excluded to the fullest extent permitted by mandatory law.

3. Unless mandatory law provides otherwise, the total and complete responsibility for the sale of the Perspective Project Products, including total liability for any damage caused to the User who is an Entrepreneur, including damage caused by failure to perform or improper performance of this Agreement is limited to the value of the purchased Perspective Project Products which connects this responsibility. Any liability, including damage caused by failure to perform or improper performance of the Agreement which connects this responsibility toward the User who is a Consumer and Small Entrepreneur shall not exceed the actual damages suffered by him.

4. The User is entitled to file complaints regarding the "Australian Consumer Law" (ACL), which is part of the "Competition and Consumer Act 2010", sections 259-272.

5. The complaint should be delivered to Perspective Project via e-mail or otherwise delivered to the EPerspective Project premises eg. by courier or by registered mail.

6. The complaint form (non obligatory) constitutes Appendix 1 to these Regulations.

7. Perspective Project would consider the complaint within a reasonable time frame, generally within 30 days, from the date of receipt of the complaint, in accordance with Australian Consumer Law, lack of the reply shall be understood as the acceptance of the User’s claims. Immediately after considering the complaint Perspective Project will provide the User with the answers on the complaint. The answer will be sent in the same form in which it was received by Perspective Project.

8. In the event of a dispute regarding the method of resolving the complaint, the User, being a Consumer or a Small Business, has the right to use alternative dispute resolution methods. For example, they may submit a complaint to NSW Fair Trading, which provides mediation services and operates under the Australian Consumer Law. The User may also choose to submit their complaint to the Australian Small Business and Family Enterprise Ombudsman or through the Australian Financial Complaints Authority (AFCA), depending on the nature of the dispute. Additionally, the User can lodge a complaint through the Australian Competition and Consumer Commission (ACCC) for further assistance. This does not exclude the right to pursue claims against Evermotion through court proceedings.

9. Perspective Project is liable to the User who is a Consumer or Small Entrepreneur for non-compliance of purchased Perspective Project Products with this Agreement under the terms of the "Australian Consumer Law" (ACL), which is part of the "Competition and Consumer Act 2010".

10. Provisions for warranty for defects of Perspective Project Products do not apply to purchases made by Entrepreneurs, except for the Small Entrepreneurs.

11. The User, being a Consumer or a Small Business, does not have the right to withdraw from the Transaction after placing an order in the Perspective Project Store. This is in accordance with Australian Consumer Law, as the Transaction pertains to digital content that is not supplied on a tangible medium, and the performance of the contract has commenced with the User's express consent before the withdrawal period has expired. The User was informed of this and agreed to it by accepting these Terms and Conditions.

12. If the Transaction has not been automatically and instantly executed by Perspective Project (i.e., the Perspective Project Product has not yet been made available to the User), the User, being a Consumer or a Small Business, has the right to withdraw from the Transaction after placing the order in the Perspective Project Store. This is in accordance with Australian Consumer Law. The withdrawal notice should be sent to Perspective Project via email or otherwise delivered to the Perspective Project premises, e.g., by courier or registered mail. A withdrawal form (optional) is attached as Appendix 2 to these Terms and Conditions.

Art. III. Final Provisions

§1 Changes of these Regulations

1. Perspective Project can change the provisions of these Regulations. The changes become effective as from the date indicated by Perspective Project, however, this term cannot be shorter than 7 days from the moment of making available the changed Regulations on the Perspective Project Website and the change shall not affect any already placed orders.

2. The User shall be informed respectively about the changes made to these Regulations and about the possibility of rejecting them (by closing the Account). Lack of rejection within the specified time shall be understood as acceptance of the changes.

§ 2 Notices

Unless otherwise provided by these Regulations or law, any notice, statement and correspondence relating to these Regulations can be folded up or delivered electronically or in writing by registered letter with acknowledgment of receipt to the addresses of the Parties correspondence.