Terms of use

These terms are a contract between you and SCRIPTSHIFT TECHNOLOGIES PTY LTD (ACN 698 500 542, ABN 21 698 500 542), an Australian proprietary company in Western Australia.

They cover this website at scriptshift.cc and any release tooling this company publishes in future. Software published later will carry its own licence, and that licence prevails over these terms for that software wherever the two conflict.

Using this website means accepting these terms. If you do not accept them, do not use it. The version in force is the one published on this page with the effective date shown at the top, and no earlier or draft version has any effect.

Nothing in these terms creates a partnership, an agency, an employment relationship or a joint venture between us.

It is worth saying plainly, in the contract rather than only in the marketing copy, that this company currently supplies nothing.

• There is no product to download, no repository to clone, no package on any registry and no service to sign into.
• There is no account, no subscription, no licence for sale, no paid support and no professional services engagement.
• The tooling described on the rest of this site runs inside this company, on its own repositories, and has not been released to anybody.

So for the moment these terms govern one thing, which is your reading of a set of static pages. The sections below about published software are written now, in advance, because writing them now is considerably more honest than writing them in the week something ships, when the temptation is to write them around whatever happened to get built.

The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth). Where you acquire something from us as a consumer within the meaning of that Law, you have guarantees that include acceptable quality, fitness for any disclosed purpose, correspondence with description, and that services will be rendered with due care and skill within a reasonable time.

The statutory wording

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or a refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Correspondence with description

The five properties published on the home page are part of the description of anything this company supplies. That is deliberate. It means that if a released tool breaches one of them, the position is not that you are disappointed, it is that the supply may fail to correspond with its description, and the consumer guarantee is engaged.

Misleading conduct

Section 18 of the Australian Consumer Law prohibits conduct that is misleading or deceptive or likely to mislead or deceive. That liability cannot be contracted out of, and nothing in these terms attempts to. It is one of the reasons the status and non-goals sections of this site are written as bluntly as they are.

The limitation the Law does permit

To the extent the Australian Consumer Law permits, our liability for a failure to comply with a guarantee other than one under sections 51 to 53 is limited, at our election, to resupplying the services or paying the cost of having them resupplied. That election is not available where it would not be fair or reasonable for us to rely on it.

You may read this website, print it, quote it with attribution, and link to any page on it without asking anybody.

What you may not do

• Attempt unauthorised access to this site, its hosting, or any system connected to it.
• Interfere with its availability for other people, including through automated request volume no person could generate.
• Present any part of it as your own work, or as the work or endorsement of somebody else.
• Republish a legal page from this site as though it were your own policy. It is drafted for this company, it describes this company's actual practices, and it would be inaccurate and possibly misleading if applied to yours.

Automated collection and machine learning

Indexing by a search engine is welcome and robots.txt permits it. We do not consent to the reproduction of these pages in a way that presents our statements as somebody else's, and we do not consent to the use of this text as training data for a machine learning model. We recognise that the enforceability of the second of those is unsettled in Australia and elsewhere. It is stated so that our position is on the record rather than merely assumed from silence.

Accuracy and availability

This is a static website. We make no availability commitment for it and we offer no service level, because we are not charging for one. We may change or remove any page.

The pages describing the tooling describe work in progress and are accurate as at the effective date shown on this page. They are not an offer, they are not a commitment to build anything, and nothing on them should be relied on as a promise that a particular capability will exist.

Where a legal page changes, the previous version is retained and is available on request.

Nothing is published yet. When something is, the following will be true of it. Putting that here now is a constraint on us rather than a description of the present.

• The licence will travel with the software. In the repository, in a file, readable before anything is installed. Not on a web page that can change afterwards.
• A price is a published price. Any commercial licence will state its cost, its term, what happens at the end of the term, and how to stop, on the page where it is sold.
• Reporting is off until it is switched on. Any optional crash report or version ping ships disabled, and the prompt to enable it says exactly what would be sent.
• Withdrawals are explained. Where a version is pulled, the reason is published rather than the page quietly disappearing.
• No retrospective terms. A change to a licence applies to versions released after the change, not to a copy you already hold.

No warranty of fitness beyond the guarantees

Deployment tooling runs commands that change live systems. Any software this company publishes will be supplied without a warranty that it suits your infrastructure, beyond the consumer guarantees that cannot be excluded and beyond whatever the licence itself says. You remain responsible for reading a release file before you run it, which is the entire point of the design rather than a disclaimer bolted onto it.

Third party components

Anything we publish will list the third party components it depends on and the licences those carry. Those components are supplied by their own authors on their own terms, and we do not purport to grant you rights in them that we do not hold.

We own or licence everything on this website, including the text, the arrangement of the pages, the Scriptshift name, and the mark used in the header. Copyright in these pages is owned by SCRIPTSHIFT TECHNOLOGIES PTY LTD.

Permitted without asking

• Quoting from these pages with attribution, including in criticism of them. Especially in criticism of them.
• Linking to any page, including deep links.
• Screenshots in reviews, news reporting, criticism and commentary.

The conditions are that you do not imply we wrote or endorsed your material, and that you do not use our name as the primary identifier of your product, publication or channel.

Fair dealing

Nothing here limits fair dealing under the Copyright Act 1968 (Cth) for research or study, criticism or review, parody or satire, reporting news, or the giving of professional advice by a legal practitioner.

Complaints about content on this site

If you believe something here infringes your rights, write to hello@scriptshift.cc with "Legal" in the subject line. Identify the work, say what you claim infringes it, state the basis of your rights and give your contact details. We will respond within 5 business days. We will take material down where a claim is made out, and we will say so rather than removing it silently.

Personal information handling is set out in the privacy policy, which forms part of these terms. It is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and it records what is collected, what is not collected, who receives it and how long it is kept.

The cookie notice also forms part of these terms and describes everything that may be stored on your device by this website.

Nothing in these terms reduces a right you have under that policy, under the Privacy Act, or under any other law that applies to you.

Read this section together with the consumer guarantees section above, which overrides it wherever the Australian Consumer Law applies. Nothing here is intended to limit a liability that cannot lawfully be limited.

What we are responsible for

Loss that is a reasonably foreseeable result of our breach or our negligence, and anything the law does not permit us to limit. That includes fraud or fraudulent misrepresentation, death or personal injury caused by negligence, breach of a non-excludable consumer guarantee, and liability for misleading or deceptive conduct.

What we are not responsible for

• Loss that was not reasonably foreseeable at the time these terms were entered into.
• Loss of profit, revenue, business, goodwill, anticipated saving or data, where suffered in the course of a business rather than as a consumer.
• Anything on a website reached by following a link from this one.
• A failure caused by your device, your network, or a change to a third party service outside our control.
• The consequences of running a release script you did not read. The design exists to make reading it possible, and reading it remains your decision.

Cap

To the extent the law permits, our total liability in connection with this website, in contract, in tort including negligence, under statute or otherwise, is limited to one hundred Australian dollars. That figure reflects the fact that this website is supplied free of charge and that nothing is currently sold. Where software is published later and you pay for it, the licence will state its own cap, which will not be less than what you paid for it in the preceding 12 months. The cap does not apply to any liability that cannot be limited by law.

Your responsibility

You are responsible for keeping your own backups, for testing anything against a system you can afford to break before running it against one you cannot, and for holding your own credentials securely. None of that is a novel term. It is the ordinary allocation of risk when software runs on infrastructure only you control.

These terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts hearing appeals from them.

Non-exclusive means you may bring proceedings elsewhere where the law gives you that right. If you are a consumer resident outside Australia, nothing here deprives you of the mandatory consumer protections of the place where you live.

Before litigation

Write to hello@scriptshift.cc and set out what you say went wrong and what you want done about it. We will respond within 5 business days. This is a request rather than a precondition, and it does not stop you from going elsewhere first.

Cheaper routes than a court

In Western Australia the Magistrates Court hears minor consumer claims through a simplified procedure that does not require a lawyer. Consumer Protection within the state Department of Local Government, Industry Regulation and Safety takes consumer complaints, and the Australian Competition and Consumer Commission publishes guidance on which body handles what at accc.gov.au. A privacy complaint goes to the Office of the Australian Information Commissioner and costs nothing.

No class waiver

Nothing in these terms prevents you from participating in a representative proceeding, and nothing requires you to arbitrate. Terms of that kind are common in imported contracts and we have not adopted them.

Changes

The version in force is the one published here with the effective date at the top. A change that materially reduces your rights will be flagged at the top of this page for at least 30 days before it takes effect.

Severance

A provision that is invalid or unenforceable is read down so far as necessary to make it valid, or severed if it cannot be, and the rest of these terms continue in force.

No waiver

A failure to enforce a provision is not a waiver of it, and a single or partial exercise of a right does not prevent any further exercise of it.

Assignment

You may not assign your rights under these terms. We may assign ours on a sale of the business, and your rights under these terms and the privacy policy transfer with them.

Entire agreement

These terms, the privacy policy and the cookie notice are the whole of the agreement between us about their subject matter, and they replace anything said beforehand about it. This does not exclude liability for misleading or deceptive conduct, which cannot be contracted out of.

Force majeure

Neither party is liable for a failure to perform caused by something genuinely outside its reasonable control. This does not apply to an obligation to pay money, and it is not a licence to stay silent while it happens.

Contact

SCRIPTSHIFT TECHNOLOGIES PTY LTD, ACN 698 500 542, ABN 21 698 500 542, an Australian proprietary company in Western Australia. Email hello@scriptshift.cc.

We do not publish a postal address on this website. The registered office recorded against ACN 698 500 542 on the register maintained by the Australian Securities and Investments Commission is the address with legal effect for service of documents.