PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We”refers to modh.com.au and “You” and “Your”refers to you, the client, visitor, website user or person using our website.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that modh.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information,any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may containin accuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of theCompetition and Consumer Act 2010 (Cth), modh.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment.Delivery may take between 2 and 14 days, depending on the delivery option.Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of modh.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
modh.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of modh.com.au.
To the fullest extent permitted by law, modh.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchant ability and fitness for any particular purpose. modh.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects willbe corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability,accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of modh.com.au to bear any and all costs of servicing,repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products orservices that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. modh.com.au’s secure server softwareencrypts all customer information before it is sent to us. Furthermore, allcustomer data collected is secured against unauthorized use or access. Creditcard information is not stored by us on our servers.
Wedo not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
modh.com.au may be required, incertain circumstances, to disclose information in good faith and where modh.com.au is required to do so in the followingcircumstances: by law or by any court; to enforce the terms of any of ourcustomer agreements; or to protect the rights, property or safety of ourcustomers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be businessusers or domestic users, then you are a competitor of modh.com.au. modh.com.au expressly excludes and does not permit youto use or access our website, to download any documents or information from itswebsite or obtain any such documents or information through a third party. Ifyou breach this term then modh.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted andimproper use. modh.com.au reserves theright to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
Thiswebsite contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance,trademarks and graphics. You are not permitted to reproduce the documents,information or materials on the website for the purposes of sale or the use byany third party. In particular you are not permitted to republish, upload,transmit electronically or otherwise or distribute any of the materials,documents or products that may be available for download from time to time on this website.
modh.com.au expressly reserves allcopyright and trademark in all documents, information and materials on ourwebsite and we reserve the right to take action against you if you breach anyof these terms.
Anyredistribution or reproduction of part or all of the contents in any form isprohibited other than the following: you may print or download to a local harddisk extracts for your personal and non-commercial use only; and you may copythe content to individual third parties for their personal use, but only if youacknowledge the website as the source of the material.
Youmay not, except with our express written permission, distribute or commerciallyexploit the content. Nor may you transmit it or store it in any other websiteor other form of electronic retrieval system.
Theseterms and conditions represent the whole agreement between you and modh.com.au concerning your use and access to modh.com.au’s website and your use and access to thedocuments and information on it. No other term is to be included in thisagreement except where it is required to be included by any legislation of theCommonwealth or any State or Territory. All implied terms except those impliedby statute and which cannot be expressly excluded are hereby expresslyexcluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply inthat State or Territory and shall be deemed never to have been included inthese terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
By engaging our services, you agree that Modhgroup PtyLtd is reliant on the information supplied by the client in order to provide the services and cannot be held responsible for any results of our services provided based on such client information. You are liable and fully responsible for any decisions you make based on our services or recommendations and any consequences which may result.
Any and all information on our website is educational and for information purposes only, intended to assist you. It is not to be construed as business advice and should not substitute professional advice based on your own businessor personal circumstances.
Thisagreement and this website are subject to the laws of VIC andAustralia. If there is a dispute between you and modh.com.au thatresults in litigation then you must submit to the jurisdiction of the courtsof VIC.
modh.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between modh.com.au and the owners of those websites. modh.com.au takes no responsibility for any of the content found on the linked websites.
modh.com.au’s website may contain information or advertisements provided by third parties for which modh.com.au accepts no responsibility whatsoever forany information or advice provided to you directly by third parties. We aremaking a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
We reserve the right to change, modify, add or remove portions of these terms atany time. Please check these terms regularly prior to using our website toensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to useour website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and modh.com.au’s rights and obligations to each other
If you have any questions about these Terms, please contact us.