TERMS AND CONDITIONS

  1. Terms

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 are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

  1. 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.

  1. Disclaimer

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.

  1. Limitations

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.

  1. 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. 

  1. Links

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.

  1. Site Terms of Use Modifications

Modibodi may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  1. 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”.

  1. Entry

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.

  1. 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.

  1. 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.

  1. 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.

  1. Delivery

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.

  1. Liability

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.

Current Competitions:

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.

Promotions

Modibodi reserves the right to run promotions at their discretion and without warning.

Modibodi cannot retroactively add a coupon or promotion to your order if you miss out or do not apply the correct coupon code.

Current Competitions

Modibodi #colourconfident Competition

Giveaway will be open until Tuesday 12th June 2018 midnight AEST. There will be 3 prizes in total. 3 Winners will be announced on Instagram and Facebook. Open to Australian entries only. Winners must answer the question correctly to enter the draw, this is a game of skill, chance plays no part in determining the winners // 3 Winners will be announced within 48 hours of the competition ending. Winner will also be contacted via direct message & posted in the post. This giveaway is not sponsored, administered, or associated with Instagram or Facebook.

Past Competitions

Modibodi x Bellabox – The Fearless Woman Competition
Giveaway will be open until Thursday 28th March 2018 midnight AEST. Winner will be announced on Instagram. Open to Australian entries only. You must answer the question correctly to enter the draw, this is a game of skill, chance plays no part in determining the winner // Winner will be announced within 48 hours of the competition ending. Winner will also be contacted via direct message & posted in the post. This giveaway is not sponsored, administered, or associated with Instagram or Facebook.

Modibodi Mummy Moments Competition

Information on how to enter and the prizes form part of these Terms and Conditions.

Participation in this promotion is deemed acceptance of these Terms and Conditions.

  1. The Promoter is Modibodi Pty Ltd, PO BOX 571 DRUMMOYNE NSW AUSTRALIA 2047info@modibodi.com.auABN:99 609 106 872
  2. Entry is open to anyone in Australia and New Zealand aged 18 and over, with the exception of Modibodi Australia Pty Ltd employees, stockists, stakeholders and family.
  3. Promotion commences on Friday 20/04/2018 and ends Friday 11/05/2018.Winner will be announced on 15th May 2018 via Facebook and Instagram. Winner will also be contacted via direct email. 
  4. $10 Modibodi ‘Booty Bucks’ store credit will be sent to emails on 15th May 2018. Code can only be used once per order and Modibodi Account. 
  5. To enter, an entry will be acknowledged when they complete, via the Gleam platform any of below;
  6. Enter via Facebook
  7. Enter via Instagram
  8. Post a photo into the Gleam gallery
  9. Sign up to our newsletter
  10. Comment on Modibodi’s Blog post on our website.

Modibodi Pty Ltd will recognise competition entry submissions through these mediums only.

  1. Modibodi Pty Ltd reserves the right, at any time, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any individual who Modibodi Pty Ltd has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Modibodi Pty Ltd to enforce any of its rights at any stage does not constitute a waiver of those rights. The Modibodi Australia Pty Ltd legal rights to recover damages or other compensation from such an offender are reserved.
  2. If there is a dispute as to the identity of an entrant, Modibodi Pty Ltd reserves the right, in its sole discretion, to determine the identity of the entrant.
  3. If any prize is unavailable, Modibodi Pty Ltd, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  4. Total prize pool value is valued at$1,415.85AUD RRP. Products included are:
  • Modibodi – $200
  • Be Fraiche – $150
  • Prevention Magazine – $48
  • Quiet Sydney – $135
  • The Base Collective – $88
  • Peony Parcel – $100
  • The Rabbit Hole Organic Tea – $125
  • Tribal Beach – $115
  • Paloma Candy Shop – $90
  • Revoque Clothing – $99
  • Sass & Belle – $149.95
  • JSK Collection – $115.90

No cash can be redeemed from the prize amount. The winner is to advise via email their size. Prizes cannot be picked up from a location; they will be posted to the nominated. Prizes are valued by each brand partner at the time of competition and may change without notice.

  1. Entrants consent to Modibodi Pty Ltd using their name or account name in any media for an unlimited period without remuneration for the purpose of announcing the winning entry, promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Modibodi Pty Ltd.
  2. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Modibodi Australia Pty Ltd, including but not limited to technical difficulties, unauthorised intervention or fraud, Modibodi Australia Pty Ltd reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  3. Prize will be dispatched to the address stipulated by the winner periodically, at public release, as per availability from the manufacturer.
  4. Submission of email address via Gleam to enter this competition is deemed acceptance for that email address to be added to the Modibodi’s and Prize partners database/s to receive newsletters from Modibodi Pty Ltd and all other brands involved in this competition. Entrants can unsubscribe at any time, subscription at the time of the draw is not considered a requirement for entry.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.