ModUrn T&C’s, PP – Integrated Products and App.
Updated on June 20, 2022
ModUrn is trademark of Modurn Sales Pty Ltd in Australia, USA, New Zealand, China, Germany, France, Italy, Japan, South Korea. These products are sold and distributed under the trademark and name SmartUrn in the UK.
By ordering our product or using our services, the transaction and transfer of the title are deemed to occur in Australia. You are solely responsible for all duty payment, excise, imposts and levies and for obtaining any necessary import and IP licence and other official authorisation and for carrying out all customs requirements. We will not export our product to anywhere that is against the law. You agree to defend, hold harmless and indemnify us against any third-party from all liabilities, claims and expenses, including attorney’s fees, that arise from your import or use of our products. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify us for its own violations of applicable laws in Australia.
Part 1 (General), which sets out terms that apply to all users of the Platform (‘Users’); and
Part 2 (Supply), which sets out further terms that apply to Users who offer to purchase or use services
through the Platform (‘Services’) or goods through the Platform (‘Goods’). GENERAL
ACCESS AND USE OF THE PLATFORM
(a) only use the Platform; and
(b) ensure that any person using the Platform on your behalf or any person you authorise or allow to use the Platform (in accordance with these Terms), including any employee, agent, trustee or power of attorney, uses the Platform,
in accordance with these Terms and any applicable laws.
(a) In order to actively use the Platform, all Users are required to sign up, register and receive an account through the Platform (a ‘ Modurn Account ‘).
(b) As part of the Modurn Account registration process and as part of your continued use of the Platform, you will be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, emergency contacts, payment details, ratings and reviews, verified identifications, and other information as determined by Modurn from time to time.
(c) You warrant that any information you give to Modurn in the course of completing the Modurn Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Modurn Account registration process, Modurn may, in its sole discretion, choose to accept you as a registered user within the Platform and provide you with a Modurn Account.
(e) Modurn reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(f) Modurn may suspend or cancel your Modurn Account for any reason, including for any failure to comply with the Terms.
(a) As a User, you agree:
(i) to comply with the Terms;
RELEASE OF LIABILITY
I hereby assume all risks by using the services and App, technology features, navigation or GPS functionality whilst participating or attending any public or private spaces, events or gatherings including Cemeteries, Memorial Parks, Funeral, Wake, Memorial, Memorial Gardens, Legacy Gardens or Forests, Private Properties, Public Spaces and Monuments or activity or event using the App or Technology. Including by way of example and not limited to any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from use of App technology or public or private property owned, dangerous or defective equipment, maintained, or controlled by the Venue whilst using the App technology or because of their possible liability without fault. I certify that there are no health-related reasons or problems which preclude my use of the App or participation in the activity or event.
To waive all Accidents and Release Liability from the App providers on Public or Private Space, event holders, sponsors and that it will govern my actions and responsibilities whilst using the App on Public or Private Spaces or at said activity or event. In consideration of my attendance and permitting me to participate in using the App and features, an activity or event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(a) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event,
(b) I INDEMNIFY, HOLD HARMLESS, AND WILL NOT TAKE LEGAL ACTION OR SUE the entity and/or persons organizing this event and waive them from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of release or otherwise.
The remainder of these Terms are divided into two parts:
(ii) not to copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Platform without the express consent of Modurn;
(iii) not to use, or attempt to use, the Platform in a manner that may interfere with, disrupt or create undue burden on the Platform or the servers or networks that host the Platform;
(iv) to not share your Modurn Account with any other person;
(v) you will be solely responsible for any activities that occur under your Modurn Account;
(vi) you will ensure that any other person that you authorise or allow to use your Modurn Account, in accordance with these Terms, will comply with the Terms;
(vii) that any use of your Modurn Account registration information by any other person is strictly prohibited;
(viii) and warrant that, if you use the Platform on behalf of an organisation, that you have the relevant authority from that organisation to do so;
(ix) to immediately notify Modurn of any unauthorised use of your Modurn Account, password or email, or any other breach or potential breach of the Platform’s security;
(x) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
(xi) that you are solely responsible for your mobile phone or tablet, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(xii) to receive marketing materials and other communications from Modurn, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Modurn Account or from critical emails that relate to your Modurn Account;
(xiii) not to use the Platform for any purpose other than for the purposes of the Platform (as expressed on the Platform);
(xiv) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(xv) not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including making, requesting or accepting an opportunity which includes illegal activities or purposes);
(xvi) you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Modurn;
(xvii) to not to use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(xviii) to immediately delete any communications you receive from Modurn, either via the Platform or email, that is not intended for you;
(xix) you must not make any automated use of the Platform;
(xx) you will not use the Platform for any illegal or unauthorised purpose, which includes collecting email addresses of Users for any purpose such as sending unsolicited email, or unauthorised framing of or linking to the Platform;
(xxi) that any commercial advertisements, affiliate links and other forms of solicitation may be removed from your Modurn Account, profile or communications without notice and may result in termination of your Modurn Account. Appropriate legal action will be taken by Modurn for any and all illegal or unauthorised use of the Platform;
(xxii) not to act in any way that may harm the reputation of Modurn or associated or interested parties or do anything at all contrary to the interests of Modurn or the Platform, including by linking to the Platform on any other website; and
(xxiii) you are solely responsible for your use of the Platform, including for any posts sent from your Modurn Account using the Platform’s functionality; and
(xxiv) not to attempt to breach the security of the Platform, or otherwise interfere with the normal functions of the Platform, including by:
A. gaining unauthorised access to Platform accounts or data;
B. scanning, probing or testing the Platform for security vulnerabilities;
C. overloading, flooding, mailbombing, crashing or submitting a virus to the Platform; and
D. instigate or participate in a denial-of-service attack against the Platform.
1.4 POSTED MATERIALS – WARRANTIES
By providing or posting any information, materials or other content on the Platform, including directly to
another User using the Platform’s functionality (‘ Posted Material ’), you represent and warrant that:
(a) you are authorised to provide the Posted Material;
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material are free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (‘ IPR ’);
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
1.5 POSTED MATERIALS – LICENCE
(a) You grant to Modurn a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Modurn to use, exploit or otherwise enjoy the benefit of such Posted Material, but only:
(i) to the extent necessary for us to operate the Platform and provide the Goods or Services;
(ii) as required by applicable laws, regulations or orders;
(iii) to respond to an emergency (including a security breach); or
(iv) as otherwise permitted by these Terms.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Modurn from any and all claims that you could assert against Modurn by virtue of any such moral rights.
(c) You indemnify Modurn against all damages, losses, costs and expenses incurred by Modurn arising out of any third-party claim that your Posted Material infringes any third party’s IPR.
1.6 POSTED MATERIALS – PUBLISHING, EDITS AND REMOVAL
(a) Modurn acts as a passive conduit for the online distribution of Posted Materials and has no obligation to screen Posted Materials in advance of it being posted. However, Modurn may, in its absolute discretion, review, edit and remove any Posted Materials (including links to you, your profile or posts you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
1.7 INFORMATION ON THE PLATFORM
While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge that it is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge that Modurn cannot guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
We reserve the right to change any information or functionality on the Platform by updating the Platform at any time without notice, including Posted Materials.
1.8 INTELLECTUAL PROPERTY
(a) Modurn retains ownership of the Platform and Website and reserves all rights in any IPR owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform or its content without prior written consent from Modurn or as permitted by law.
1.9 THIRD PARTY CONTENT
The Website may contain text, images, data and other content provided by a third party and displayed on the Platform (‘Third Party Content’). Modurn takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third-Party Content.
1.10 DISPUTES BETWEEN USERS OR WITH MODURN
(a) You should direct any notice of a dispute with another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint in respect of another User is of a general nature and does not relate to you directly, you must report it to Modurn via email at email@example.com . We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) If you have a dispute with Modurn, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(e) Notwithstanding any other provision of this clause 1.10, you or Modurn may at any time cancel your Modurn Account or discontinue your use of the Platform.
1.11 LINKS TO OTHER WEBSITES
(a) The Platform may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked website or platform and we are not responsible for it.
(c) Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.
Modurn does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process that you employ for accessing the Platform does not expose you to risk of viruses, malicious computer code or other forms of interference.
1.13 REPORTING MISUSE
If you become aware of misuse of the Platform by any person, any errors in the material on the Platform or any difficulty in accessing or using the Platform, please contact us immediately by email on firstname.lastname@example.org .
( Limitation of liability ) To the maximum extent permitted by applicable law, Modurn excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use. This includes the transmission of any computer virus.
You agree to indemnify Modurn and its employees and agents in respect of all liability for loss, damage or injury that may be suffered by any person arising from, or in connection with, you or your representatives’ use of the Platform or breach of these Terms.
Claims for loss of or damage to Goods in transit must be made against the carrier.
All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, ModUrn’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(a) in the case of goods, their replacement or the supply or equivalent goods or their repair; and
(b) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
( Consequential loss ) Under no circumstances will Modurn be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter.
( Indemnity ) You agree to indemnify Modurn and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Platform or any Goods or Services provided by Modurn.
We respect your confidentiality and we acknowledge that information you provide to us or upload to the Platform may be confidential to you.
Similarly, as part of your use of the Platform or purchase of Goods or Services, you may obtain information about us that is confidential or sensitive, including product roadmaps, designs and technical information about internal systems and processes and Goods. You agree that any such information we provide to you is our confidential information.
We both agree that:
(a) we will treat each other’s confidential information with the same degree of care and protection that we treat our own;
(b) we will use each other’s confidential information only in connection with these Terms and, if applicable, the purchase of Goods; and
(c) only share the information with others who have a need to know (including our employees, agents and service providers as reasonably required for us to provide the Goods or in connection with these Terms).
However, despite the above, you agree that the following information is not confidential:
(a) referral information;
(b) information we already knew at the time you told us about it;
(c) information told to us by a third party who had the right to tell us;
(d) information that is generally available to the public;
(e) information that was independently developed by us without directly using your confidential information; and
(a) Nothing contained in this agreement creates an agency, partnership, joint venture or employment relationship between you and Modurn or any of its respective employees, agents or contractors.
(b) You must not hold yourself out as having any such relationship with Modurn or as being entitled to contract or accept payment in the name of or on account of Modurn.
(a) ( Governing law ) This agreement is governed by the law applying in Victoria, Australia.
(b) ( Jurisdiction ) Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) ( Amendments ) These Terms may only be amended by Modurn in accordance with the Terms.
(d) ( Waiver ) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(e) ( Further acts ) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(f) ( Assignment ) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
(g) ( Entire Agreement ) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(h) ( Interpretation ) In these Terms, the following rules of interpretation apply:
(i) ( singular and plural ) words in the singular includes the plural (and vice versa);
(ii) ( gender ) words indicating a gender includes the corresponding words of any other gender;
(iii) ( defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) ( person ) a reference to “ person ” or ” you ” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) ( party ) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) ( these Terms ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) ( document ) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) ( headings ) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) ( includes ) the word “ includes ” and similar words in any form is not a word of limitation; and
(x) ( adverse interpretation ) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
2. SUPPLY TERMS
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Service using the Platform’s functionality ( Purchase Order ) you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your Purchase Order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods or Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) you must pay for all Goods or Services in the amounts and at the times specified on the pricing page within the Platform for the relevant Goods or Services, at the time you submit the Purchase Order using the Platform’s functionality; and
(ii) you must not set off any money alleged to be owing by Modurn against money due by you to Modurn.
(b) (Sales Tax) Unless otherwise indicated, amounts stated on the Platform do not include GST, VAT or any other sales tax or other similar tax. In relation to any tax payable for a taxable supply by Modurn, you must pay the tax subject to Modurn providing a tax invoice.
(c) (Card surcharges) Modurn reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
You agree to release Modurn and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
2.3 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.4 DELIVERY AND SHIPPING
(a) (Delivery) For Goods to be delivered, Modurn may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Modurn.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
2.5 TITLE AND RISK
(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Modurn.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
(c) ( Failure to pay ) If you do not pay for any Goods on or before the due date for payment:
(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Modurn reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
(ii) you must pay Modurn interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Modurn;
(iii) you authorise Modurn, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
(iv) Modurn may at its option keep or resell Goods retaken from you; and
(v) if you sell Goods or items into which the Goods are incorporated before payment in full to Modurn, you acknowledge that such sale is made by you as bailee for and on behalf of Modurn, to hold the proceeds of sale on trust for Modurn, in an account in the name of Modurn, and must pay that amount to Modurn on demand.
2.6 CUSTOMS AND DUTIES
Modurn reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
(a) Returns and exchanges of Goods will only be accepted if:
(i) the Goods are faulty and you comply with the provisions of this clause 2.7; or
(ii) the Goods are new, unused and tagged (if applicable) ( Original Condition );
(iii) the Goods are returned within 10 business days of you receiving it; and
(iv) we agree in writing to accept return of the Goods.
(b) ( Change of mind return ) Where your return is accepted and the returned product is not faulty, you will be credited the full amount paid (excluding shipping costs). Shipping Goods to us in accordance with this clause 2.7(b) will be at your cost. We note that sale items cannot be returned unless faulty.
(c) (Faulty products) If you believe your Good is faulty, please email email@example.com with a full description of the fault (including images if possible).
If we determine that your Good may be faulty, we will request that you send the Good back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a Good faulty.
If we determine in our reasonable opinion that the Good is not faulty, or is faulty due to wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the Good is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause 2.7 in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause 2.7 is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any your rights which cannot be excluded under applicable law.
2.8 CANCELLATION BY YOU
(a) You can cancel your Modurn Account at any time by using the functionality provided in the life stories option section of your Modurn APP Account.
(b) You are ultimately responsible for the proper cancellation of your Modurn Account and/or subscription. Requesting cancellation by telephone, email or by otherwise contacting us is not considered cancellation.
(c) If you cancel your Modurn Account prior to the end of any current billing cycle, your cancellation will be effective on the last paid day of that billing cycle. You will not be charged again.
2.9 CANCELLATION BY US
(a) We reserve the right to cancel your Modurn Account or any order for any reason and will notify you of this as soon as possible. Where payment for a cancelled order has already been debited, a pro-rated amount will be credited back to your original method of payment, based on where the cancellation date falls within the then current billing cycle.
(b) We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
2.10 EFFECTOF CANCELLATION
(a) Upon cancellation, termination or expiry of your Modurn Account, we may delete any Posted Materials associated with your Modurn Account, and you will no longer be able to use the functionality of the Platform reserved for users with a Modurn Account.
(b) You will not be able to recover any Posted Materials after cancellation, termination or expiry of your Modurn Account so we recommend you back up anything important to you.
(c) We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Modurn Account.
Except as otherwise set out on the Platform, we generally don’t offer refunds for any of our Services and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with the Services that you think should entitle you to a refund and we’ll consider your situation.
We comply with the National Privacy Principles established by the Privacy Act 1988 (Cth). To the extent the European Union’s General Data Protection Regulation (‘GDPR’) applies to us and our use of your information, we’ll comply with the GDPR in relation to your personal information.
We’ve endeavoured to ensure that our use and collection of your data is clear and as transparent as possible, but in the interests of keeping this policy concise it’s not possible to list every circumstance in which we will use your data.
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
• mailing or street address;
• email address;
• social media information;
• telephone number and other contact details;
• date of birth;
• credit card information;
• information about your business or personal circumstances;
• information in connection with client surveys, questionnaires and promotions;
• your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
• information about third parties; and
• any other information provided by you to us via this website, platform or online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information either directly from you, or from third parties, including where you:
• contact us through on our hybrid application or website;
• communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
• interact with our hybrid application, website, social applications, services, content and advertising; and
• invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website or platform usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. Cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
• to provide goods, services or information to you, including to authenticate you for the purposes of providing you with access to our goods and services, to process payments for subscriptions and other goods and services, and to remind you about re-subscriptions or the end of a subscription period;
• for record keeping and administrative purposes;
• to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
• to value, sell or provide the information to third parties;
• to improve and optimise our service offering and customer experience, including by building new and improving existing goods and services;
• to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act), including advertising personalised to your interests. In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link);
• to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
• to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information, we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
Where you are a resident of the European Union and the GDPR applies to your personal information, you have the right to ask for ‘subject access request’ or ‘SAR’ being a copy of your personal data held by us. Where we do hold such data about you we will provide you with a copy of the data we hold about you. This will be in a commonly used machine-readable file where you request us to e-mail the information to you. We will also give you a description of the data, tell you why we are holding it and tell you who we could have disclosed it to.
If you think that any personal information, we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected. We will also stop processing data on your request and you may also request that we delete the data held about you.
If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us using the contact details set out in the ‘Contact Us’ section below.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).
CHANGE OF CONTROL
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (‘EEA’)
Information that we collect in the EEA may from time to time be stored, processed in or transferred between parties located in countries outside of the EEA which may not have as stringent data protection laws as found in the EEA.
If Article 27 of the GDPR applies to us, we will have appointed a representative within the European Union in accordance with the GDPR. Please contact us and we will let you know the representative’s contact details.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
For data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under GDPR.
Operating Company is Modurn Sales Pty Ltd – all rights reserved
ModUrn is trademark of Modurn Sales Pty Ltd in Australia, USA, New Zealand, China, Germany, France, Italy, Japan, South Korea. These products are sold and distributed under the trademark and name SmartUrn in the UK.
By ordering our product, the transaction and transfer of the title are deemed to occur in Australia. You are solely responsible for all duty payment, excise, imposts and levies and for obtaining any necessary import and IP licence and other official authorisation and for carrying out all customs requirements. We will not export our product to anywhere that is against the law. You agree to defend, hold harmless and indemnify us against any third-party from all liabilities, claims and expenses, including attorney’s fees, that arise from your import or use of our products. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Notwithstanding the foregoing, you are not required to indemnify us for its own violations of applicable laws in Australia.
ModUrn T&C’s, PP – Integrated Products and App.