Terms & Conditions
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you will be unable to use or access this website. The materials contained in this website are protected by applicable copyright and trademark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Modibodi’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Modibodi’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modibodi at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Modibodi’s website are provided “as is”. Modibodi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modibodi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this website.
In no event shall Modibodi or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Modibodi’s website, even if Modibodi or a Modibodi authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on Modibodi’s website could include technical, typographical, or photographic errors. Modibodi does not warrant that any of the materials on its website are accurate, complete, or current. Modibodi may make changes to the materials contained on its website at any time without notice. Modibodi does not, however, make any commitment to update the materials. On rare occasions, there may be pricing discrepancies caused by technical issues outside our control.
Modibodi has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modibodi of the site. Use of any such linked website is at the user’s own risk.
- Governing Law
Any claim relating to Modibodi’s website shall be governed by the laws of the State of NSW without regard to its conflict of law provisions.
Should an error in product pricing occur, the product will be withdrawn from sale and correct pricing offered in accordance with Australian Consumer Law.
If a credit is given to the customer that is linked to the customer account, this transaction is final. The customer may not, under any circumstances change the payment of credit to a refund.
COMPETITION TERMS AND CONDITIONS
Modibodi™ is the “Promoter”.
Entry is open to all Australian residents, aged 18 years and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prize), and their immediate families (“Eligible Entrants”). Entries become the property of the Promoter and can be used for future promotional purposes, social media, and press opportunities.
- Refer a Friend
If the competition includes ‘refer a friend’ entries, entrants may ‘refer a friend’ to the competition by entering the friend’s name and email address on the entry form. Entrants who refer-a-friend will receive a bonus entry into the Competition for each unique, completed referral. Entrants must only use the refer-a-friend feature solely to those people whom the entrant has an existing relationship and who the entrant reasonably believes will not object to receiving information about the Competition or any other promotional material. Entrants creating false email addresses to gain more referrals will be disqualified.
- The Prize
The prize is non-transferable and cannot be exchanged for other services or products. The prize can only be delivered within Australia unless specified. In the event that any prize is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value.
- The Winner
The winner of the competition will be drawn by an authorised MODIBODI representative and contacted within 48 hours of the competition ending. In the event the winner is not able to be contacted, the winner has 48 hours to respond to the promoter to claim their prize, upon which, the winner automatically forfeits their prize and a new winner will be drawn. The authorised MODIBODI representative’s decision (including any decisions as to prize distribution) is final and the Promoter will not enter into correspondence regarding the result.
If the prize requires delivery, the Promoter will take necessary actions to have the prize delivered on the day chosen/specified, but take no responsibility for delays or damage in delivery caused by third parties.
The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Blogs, Facebook, Forum & Twitter if the Promotion is conducted via a Facebook Platform, Blogs, Forum & Twitter) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Any prizes offered as part of a Competition will be as described by Modibodi. Prizes are not transferable and are not redeemable for cash. Taxes on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute a prize of similar value. Winners receive prizes entirely at their own risk.
By entering a Competition, entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including Facebook, Instagram, Snapchat, Twitter and/or Pinterest).
MODIBODI reserves the right to change these terms and conditions. If any changes are made, MODIBODI will publish them on this page.
By entering a MODIBODI competition, you agree to all terms and conditions as stated above.
Vouchers and Coupons
If you are sent a gift voucher we are unable to refund the original monetary amount.
Items bought using store voucher can only be exchanged or refunded through store credit, not through cash, credit card payments, PayPal or Afterpay.If you place an Order for a Product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per order.
From time to time we may release vouchers or coupons that may be used on the Site. Vouchers and coupons can only be redeemed on the Site in accordance with the special terms and conditions stated on them.
Vouchers are valid for the specified period stated on them only. Certain Products may be excluded from voucher promotions.
Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a voucher, and one or more Products are returned, the discount is applied on a pro rata basis to each Product for the purpose of establishing refund values.
Modibodi reserves the right to run promotions at their discretion and without warning. Coupon promotions can not be combined with other promotions, discounts or offers and excludes gift cards, sale items and bundle packs.
Modibodi cannot retroactively add a coupon or promotion to your order if you miss out or do not apply the correct coupon code.