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Terms of use

These Terms and Conditions, along with any other policies or guidelines on the Site (as defined below), including, but not limited to, the Privacy Policy and Terms of Purchase (collectively, the "Terms"), constitute a legal agreement between you ("User" or "you") and MOD LUXE Pty Ltd - ABN 54679733870 ("MOD LUXE" or "we") and govern the use of the www.mod.luxe website (the "Site"). PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING OR MAKING ANY TRANSACTION ON THE SITE.

Acceptance of the Conditions

By accessing the Site or using any services on the Site, you agree to be bound by these Terms without limitation or qualification. Access and use of the Site are subject to full compliance with these Terms.

If you do not wish to be bound by these Terms, please refrain from accessing or using the Site.

Jurisdiction and Applicable Laws

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or related to these Terms. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

Trademarks

Certain names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Site may constitute registered or unregistered trademarks of MOD LUXE or others. Nothing on the Site grants any licence or right to use any MOD LUXE logo, design, or trademark or any third-party trademark without the written permission of MOD LUXE or the respective third-party trademark owner.

Links to Third-Party Sites

The Site may contain hyperlinks to third-party websites that are not under the control or responsibility of MOD LUXE. MOD LUXE is not responsible for the availability, content, or accuracy of any third-party website and does not endorse any products, services, or information provided on third-party websites. Access to third-party websites is at your own risk.

Submission of Ideas

Any comments, suggestions, ideas, or proposals submitted by you to MOD LUXE regarding the Site or our products ("Suggestions") are non-confidential, non-proprietary, and may be used, disclosed, or implemented by MOD LUXE without any obligation to provide you with remuneration or other compensation.

Limitation of Liability

To the fullest extent permitted by applicable law, MOD LUXE and its officers, directors, employees, agents, and affiliates shall not be liable for any loss or damage of any kind, including, but not limited to, invasion of privacy, loss of business or profits, or any other indirect, incidental, or consequential damages, arising from your use of the Site, even if MOD LUXE was advised of the possibility of such damages.

This limitation of liability may not apply to you, in whole or in part, due to any consumer rights law that may apply to you.

Children Under 16 Years of Age

If you are under the age of 16, you may browse our Site, but you may not make purchases or provide personal information. MOD LUXE does not knowingly collect information from children under the age of 16. If you are under 16 and wish to make a purchase, please ask a parent or guardian to place the order on your behalf.

Copyright

All content on the Site (including text, code, images, and videos) is the property of MOD LUXE or licensed to MOD LUXE and is protected by intellectual property laws. You are prohibited from copying, reproducing, modifying, or republishing the content on the Site without the prior written consent of MOD LUXE, except for personal use where you cite the source URL and respect copyright notices.

User Obligations

By using the Site, you agree to:

  • Comply with all applicable laws and regulations.
  • Provide accurate information and keep it updated.
  • Use the Site in a reasonable and responsible manner.

You agree not to:

  • Use the Site for any illegal or unlawful purposes.
  • Infringe on the intellectual property rights of MOD LUXE or others.
  • Use any automated means to monitor or interact with the Site.
  • Transmit any harmful code or attempt to bypass security features of the Site.
  • Use the Site for any purposes other than those intended.
Disclaimer of Warranties

The Site and its content are provided "as is." By using the Site, you acknowledge and agree to do so at your own risk. MOD LUXE makes no warranties regarding the Site's content, accuracy, availability, or reliability and does not guarantee uninterrupted or error-free operation.

Indemnification

You agree to indemnify and hold harmless MOD LUXE, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, costs, and expenses arising from your use of the Site, your breach of these Terms, or any violation of law or rights of any third party.

Severability

Each provision of these Terms is distinct and separate. If any provision is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

MOD LUXE’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by MOD LUXE in writing.

Amendment

MOD LUXE reserves the right to update or modify these Terms at its discretion by updating this page. It is your responsibility to review these Terms periodically. Continued use of the Site following any changes to these Terms constitutes your acceptance of the revised Terms.

Survival

The following sections shall survive the termination or expiration of these Terms: Submission of Ideas, Disclaimer of Warranties, Limitation of Liability, Indemnification, Jurisdiction and Applicable Laws, Severability, Waiver, and Survival.

Account

You are responsible for creating and maintaining the confidentiality of your account and password. MOD LUXE reserves the right to cancel an account or modify its content. By creating an account, you confirm that all information provided is accurate and up-to-date. MOD LUXE shall not be held liable for any loss or damage arising from unauthorised access to your account.

Communications and Customer Service

Any notices or communications regarding these Terms shall be in writing and sent byAny notices or communications regarding these Terms shall be in writing and sent by email or registered mail to the following addresses:

a. If to MOD LUXE: contact details as provided on the Customer Service page or Contact section of the Site.
b. If to the User: the email address provided by the User when registering or making a purchase on the Site.

Notices shall be deemed given on the day they are sent (or on the next business day if sent after 4:30 p.m.).

For any questions or comments regarding these Terms, please contact:

Customer Service – MOD LUXE Pty Ltd

Email: support@mod.luxe

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