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  • T&C's | Modurn

    modurn T&C's Updated on February 1, 2025 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. These terms of use (‘Terms’) govern your use of the Modurn hybrid application, including mobile, tablet and web platforms, (together, the ‘Platform’) and our supply of goods and services through the Platform. By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform and us, Modurn Sales Pty Ltd ACN 619 915 847 (‘Modurn’, ‘our’, ‘we’ or ‘us’). 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 You must: (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. ACCOUNTS (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. USER OBLIGATIONS (a) As a User, you agree: (i) to comply with the Terms; TERMS OF USE These terms of use (‘Terms’) govern your use of the Modurn hybrid application, including mobile, tablet and web platforms, (together, the (‘Platform’) and our supply of goods and services through the Platform. By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform and us, Modurn Sales Pty Ltd ACN 619 915 847 (‘Modurn’ , ‘ our ’ , ‘ we ’ or ‘us ’). We may change these Terms at any time by updating this page of the Platform, and your continued use of the Platform following such an update will represent an agreement by you to be bound by the Terms as amended. 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. I acknowledge that I accept as part of the terms of use: 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 support@modurngroup.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. 1.12 SECURITY 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 support@modurngroup.com. 1.14 LIABILITY ( 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. 1.15 CONFIDENTIALITY 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 (f) personal information you provide that is covered by our Privacy Policy. 1.2 PRIVACY You agree to be bound by the clauses outlined in ModUrn’s Privacy Policy, which can be found www.modurn.com or in your Settings on the Modurn APP. 1.3 RELATIONSHIP (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. 1.4 GENERAL (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. 2.2 PAYMENT (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). (d) (Online payment partner) Modurn processes payments through the Platform using Stripe.com (Online Payment Partner). In addition to these Terms, your purchase of Goods or Services will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website at www.stripe.com. 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. 2.7 RETURNS (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 support@modurngroup.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. 2.11 REFUNDS 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. PRIVACY POLICY INTRODUCTION This privacy policy applies between you, the visitor to this website or platform, our customers and us, the owner and provider of this website or platform. We take our privacy obligations seriously and we’ve created this privacy policy to explain how we collect and treat your personal information, that is information we hold which is identifiable as being about you. 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. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website and/or the provision of our services to you. 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 MAY COLLECT The personal information we collect may include the following: • name; • mailing or street address; • email address; • social media information; • telephone number and other contact details; • age; • 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; • for company valuation; • to improve and optimise our service offering and customer experience, including by building new and improving existing goods and services; • to comply with our legal obligations, resolve disputes or enforce our agreements with third parties, including to detect and protect against error, fraud, or other criminal or malicious activity and to enforce our terms of use; • 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 all reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it. We may disclose your personal information to a third party in the event that our business or a part of it, or customer data held by us, is sold, assigned or transferred, in which case we would require the buyer, assignee or transferee to treat your personal information in accordance with this privacy policy. Also, your personal information may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding here or overseas. SECURITY We take all 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. LINKS 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. Some of our third-party service providers may be also located outside the EEA. If we transfer your data outside the EEA in this way (where you are a resident of the European Union and the GDPR applies to your personal information) we will ensure that the third-party provider we use is compliant with the GDPR and that your privacy continues to be protected as outlined in this privacy policy. 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. COMPLAINTS 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. CONTACT US For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below: Email: support@modurngroup.com Our privacy policy was last updated on February 1, 2025. By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy. We may change this privacy policy from time to time by posting an updated copy on our website or App and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy. 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.

  • Security Protocol | Modurn

    Modurn Security At Modurn, security is at the core of our infrastructure. We have implemented robust security measures, leveraging advanced encryption, continuous monitoring, and threat detection protocols to safeguard your data. Our multi-layered security framework ensures the highest level of protection, maintaining the integrity, confidentiality, and availability of your information. Security Protocol Statement Modurn utilises AWS services EC2 for server hosting and RDS for database hosting, safeguarded by the following technologies: Security Groups: AWS security groups (SGs) are linked to EC2 instances, providing security at the protocol and port access level. Each security group functions similarly to a firewall, containing a set of rules that filter traffic to and from an EC2 instance. Unlike network access control lists (NACLs), there are no “Deny” rules; any data packet that lacks an explicit permit will be discarded. Access to the instance is only permitted with a secured ".pem” file. ModUrn has set up our internal database security group to allow access exclusively from the instance. Our databases are not publicly accessible; users must first log into our instance via SSH, and then enter their database credentials to gain access. The REST API is secured with a token-based authentication system, ensuring that user data cannot be accessed without the appropriate token. This access token is created using a SHA1 protected hash during the login process. The token is deleted upon logout and a new one is generated at the next login. Modurn has implemented Middleware, an extra layer above the application layer, to authenticate the access token. User passwords are stored using a hashing algorithm. The Laravel Hash facade provides secure Bcrypt and Argon2 hashing methods for password storage. Even programmers cannot re-hash the password using the salt. For image hosting, Modurn employs the AWS S3 service to store user images, life story images, and other files. The S3 bucket is secured using an API key and Secret.

  • Home | Modurn

    APP DOWNLOAD modurn smart urn Keepsake Read More modurn smart urn Signature Series Read More modurn SAAS Technology Read More modurn pet Product Range Read More

  • Support | Modurn

    Get immediate support for all your Modurn products and services from repairs and replacements to case and design changes. Get your questions answered by a Modurn expert via phone or email. A Modurn expert is always ready to help. Whatever you need. Let us be the support for all your hardware and software questions. Get in Touch Modurn Group Pty Ltd PO BOX 7306 Brighton VIC 3186 Australia 1300 MODURN +61 438 636 336 (INT) www.modurn.com hello@modurngroup.com First Name Last Name Email Message Code Phone Company Send Thanks for submitting!

  • About | Modurn

    About Us Here at modurn we believe in infinitely extending the memory of loved ones for generations to come. Our patented and highly immersive software matched with leading edge hardware design creates a single yet significant product needed by anyone who fears continued loss as memories fade with time. With respect and security at the heart of who we are, Modurn allows for a quiet moment of recollection or a grand celebration of life. “I wanted to create a somewhere safe to save the sound of my Dads voice, his story and my family's memories all in the one place.” Sonia Vachalec, Founder of Modurn Group Modurn was envisioned and brought to life by our founder, Sonia Vachalec, after losing her father. Through the years, we have developed cutting-edge technology and services that cater to the evolving needs of our clients, moving with them through significant life moments and being a source of comfort by streamlining the difficult process of preparing for death. Our mission has always been to empower individuals and their families with the tools they need to navigate the complexities of life, death and the wonderful moments in between. As a human-centered company; our values hold our everyday actions accountable: Respect - Commitment - Trust. We take pride in our commitment to helping families and communities celebrate life’s brightest moments and capture virtual memories with sustainable burial options. Today, we continue to innovate and strive to be the leading provider of life products and end-of-life services and support. “Life is full of firsts and engrained in our character is a desire to grant the power to protect, re-live and infinitely re-visit every meaningful moment.” In a constantly changing world, Modurn is the constant. If we observe our environments, we notice that even the technology we keep closest can be changed out every 12 months; the physical belongings that surround us degrade, fail to function and ultimately their value diminishes over time. Technology is simply tool to access the truly valuable. Memories captured and the emotions stirred becomes increasingly valuable over time; they are cherished and can be called upon in times of need. For anyone bursting with life, unafraid to take life by the horns and ride out the ups and downs; Modurn captures the joys and the life lessons along the way. Instilled within our DNA is a continued ambition to lead the market as the first technology platform designed to capture life as it happens, and go on to protect it for generations to come. We may operate in a disposable world, but our role is to defend the moments and memories that matter most to you and loved ones. Modurn is superhuman technology designed to integrate with the very human experiences of life, love and loss. Press All Videos Play Video Play Video 01:31 NFDA Convention Modurn ModUrn's first NFDA - thank you for the warm welcome and interest in our "Smart" Urns and Memento's. We look forward to providing families with the latest memorial technology and designer products. Cheers. Play Video Play Video 01:45 ModUrn Pet - Smart Pet Urns and Mementos A new way to capture your Fur baby’s journey in our Pet Memento range as well as the most advanced Pet cremation Urn and World’s first “Smart Pet Urns” designed to store, share and celebrate your Pets journey. Our innovative Pet cremation Urns include revolutionary capabilities and benefits to honour your beloved family Pet. Combining contemporary design and technology, each Urn and Memento is fitted with a Bluetooth beacon which connects to the ModUrn Pet APP and secure individual pet story. By invitation family and friends can join this private group to share and contribute their experiences along the way. Our stunning collection of modern Pet Urns provide a central place for photo’s, videos, content, pet community builder and much more. Play Video Play Video 02:09 ModUrn Human - Social Media Ver w_Subtitles Play Video Play Video 00:21 NFDA Modurn A wonderful response experienced at the recent International exhibition and NFDA conference. Thank you for such a warm welcome to our innovative and new way to celebrate life. Play Video Play Video 00:48 CANA Modurn CANA's 100th Cremation Innovation Convention - modUrn exhibited for the first time in the US at the Cremation Association of North America. We are pleased to advise that our innovative products are available in Tenessee via The Independent Funeral Group. Play Video Play Video 00:22 ModUrn - ACCHiggins Funeral Expo Australia 2017 Play Video Play Video 04:22 modUrn Intro... A brief introduction to The Worlds First Smart Urn for People and Pets! Play Video Play Video 02:09 ModUrn Group Australia Please contact our Australian Distributor "Final Touch Australia" to receive a list of your closest stockist of modUrn Urns and Mementos. PH: 07 3889 9607 http://www.finaltouchaustralia.com.au/CremationUrnsInfo.asp

  • Press | Modurn

    All Videos All Categories Play Video Play Video 01:31 NFDA Convention Modurn ModUrn's first NFDA - thank you for the warm welcome and interest in our "Smart" Urns and Memento's. We look forward to providing families with the latest memorial technology and designer products. Cheers. Play Video Play Video 01:45 ModUrn Pet - Smart Pet Urns and Mementos A new way to capture your Fur baby’s journey in our Pet Memento range as well as the most advanced Pet cremation Urn and World’s first “Smart Pet Urns” designed to store, share and celebrate your Pets journey. Our innovative Pet cremation Urns include revolutionary capabilities and benefits to honour your beloved family Pet. Combining contemporary design and technology, each Urn and Memento is fitted with a Bluetooth beacon which connects to the ModUrn Pet APP and secure individual pet story. By invitation family and friends can join this private group to share and contribute their experiences along the way. Our stunning collection of modern Pet Urns provide a central place for photo’s, videos, content, pet community builder and much more. Play Video Play Video 02:09 ModUrn Human - Social Media Ver w_Subtitles Play Video Play Video 00:21 NFDA Modurn A wonderful response experienced at the recent International exhibition and NFDA conference. Thank you for such a warm welcome to our innovative and new way to celebrate life. Play Video Play Video 00:48 CANA Modurn CANA's 100th Cremation Innovation Convention - modUrn exhibited for the first time in the US at the Cremation Association of North America. We are pleased to advise that our innovative products are available in Tenessee via The Independent Funeral Group. Play Video Play Video 00:22 ModUrn - ACCHiggins Funeral Expo Australia 2017 Play Video Play Video 04:22 modUrn Intro... A brief introduction to The Worlds First Smart Urn for People and Pets! Play Video Play Video 02:09 ModUrn Group Australia Please contact our Australian Distributor "Final Touch Australia" to receive a list of your closest stockist of modUrn Urns and Mementos. PH: 07 3889 9607 http://www.finaltouchaustralia.com.au/CremationUrnsInfo.asp Load More

  • Products | Modurn

    Human Technology Human Technology “An alternate way to manage the loss is to celebrate the brighter moments as they happen.” Loss is a reality that comes with life. Research tells us an alternate way to manage the loss is to celebrate the brighter moments as they happen. A life observed with respect, care and in vivid detail can help to understand and acknowledge a life spent well and help both family and friends to continue on with fond memories. Introducing Modurn’s digital legacy products and solutions with secure data storage and easy sharing options. Select from our Modurn Now, Modurn Life and Modurn Smart Plaque options and be immortalized for those occasional or infrequent moments of reflection. ModUrn Now Modurn Now products fit seamlessly into yours or your loved ones life now. Designed to be immediately integrated into your life seamlessly and with a touch of the Modurn App, bring decades of texts, photos, voice recordings, and video into a single centralized place that is protected by Modurn’s Sentinel for today’s generation, and the generations to come. Who is it for? The Modurn Now user begins in their early-to-mid thirties and continues to bank memories automatically; with the idea being to have a constant source of memories preserved and instantly shareable anytime until their final days. Think of Modurn Now as the centralization of all social media content, but with yourself having full and complete control as to who can view particular memories. MODURN LIFE Modurn Life products simplify the memorialisation efforts. These products and services keep respect at the heart of the capability by recognizing the individual ways people prefer to be remembered. Designed to be easily integrated into the family and enduring with time; this is a highly personalised option to start a digital biography within a single centralized place protected by Modurn’s Sentinel for today’s generation, and the generations to come. WHO IS IT FOR The Modurn Life user typically works with loved ones to collate, review and remember at the end-of-life stage. Whether young or young at heart; Modern Life products helps to support leading up to and after times of loss by allowing specific access to friends and family to understand and acknowledge a life well-spent. MODURN SMART PLAQUE Modurn Smart Plaques reimagine how people will be remembered in cemeteries and memorial parks across the world. By merging our technology with the traditional bronze plaque, Modurn has created an intuitive and deeply respectful product to honor a life and to share a detailed story that would otherwise be impossible on a traditional plaque or headstone. A hardwearing element is fused with the latest technology and safeguarded for generations to immerse, learn and share perpetuity. WHO IS IT FOR The Modurn Smart Plaque was made for those left behind to better understand a life story, to remember both the micro-moments of joy but also the milestone memories. This product was created to ease the transition people from a position of loss to a more enlightened and appreciative state. The Modurn Smart Plaque helps to bring history back to life. Pet Technology Pet Technology “Modurn has taken the market-leading position of celebrating pet ownership from Day-1. Capture and share these moments forever.” Pet Ownership has been shown to have numerous benefits, including improved mental and physical health, reduced stress and anxiety, increased social interaction, and greater overall happiness and well-being. Pets provide companionship, comfort, and a sense of purpose, making them a valuable addition to many people's lives and as such, their integration into our everyday lives forms an everlasting bond. Traditionally the pet memorialization sector refers to the industry focused on providing products and services to assist pet owners in coping with the loss of their beloved pets, including end-of-life care, and grief support. Modurn has taken the market-leading position of celebrating pet ownership from Day-1 and continuously through the life of the pet itself. Capture and share these moments forever with our living software and hardware packages. Introducing Modurn’s digital legacy products and solutions with secure data storage and easy sharing options. Select from our Modurn Pet Now, Modurn Pet Life and Modurn Pet Smart Plaque options and be immortalized for those occasional or infrequent moments of reflection. MODURN PET NOW Modurn Pet Now products are a complete life solution for pets large and small. Designed to capture, protect and display their lovable behaviours from the moment you bring them home. All Modurn Pet Now products include a smart vessel implanted with our patented beacon technology and powered by our own mobile app to protect, relive and share all the moments that make you smile. WHO IS IT FOR Modurn Pet Now products are made for those wanting an effortless single solution for their pets entire life. Our memories of pets and loved ones are scattered all over the internet in a variety of platforms that can at any time be cease to exist. Modurn exists beyond these platforms and operates irregardless of mobile device brand, model or software - it is the one piece of technology that is a constant in you and your pets life. MODURN PET LIFE Modurn Pet Life products is a targeted solution for pets as they near the end of their life, quickly coordinating photos and videos into a centralized location within the Modurn platform for simple recall. All Modurn Pet Life products include a smart vessel implanted with our patented beacon technology and powered by our own mobile app that draws memories into the vessel. The vessel has been developed to hold, preserve and protect the physical remains of your pet as well as the digital memories of their lovable behaviours app that draws memories into the vessel. WHO IS IT FOR Modurn Pet Life products have been embraced by owners who want to keep their pet companions close and to infinitely recall memories of their pet’s journey and connection.

  • Coming Soon | Modurn

    find a reseller Find a reseller "Our products are sold globally through a network of leading industry service providers." If you’d like more information about Modurn products and services contact info@modurngroup.com . Australia & New Zealand Contact Australian Distributors: Final Touch Australia: info@finaltouchaustralia.com.au Arrow Memorials: customercare@arrowbronze.com.au Contact NZ Distributor: sales@thememorialcompany.nz Asia Contact info@pelicanandpartners.com for sales in Asia. North America & Europe Contact: info@modurngroup.com Essential Items Shop All We don’t have any products to show right now. We don’t have any products to show right now. We don’t have any products to show right now. We don’t have any products to show right now. We don’t have any products to show right now. We don’t have any products to show right now. Products & Services Innovative Memorialsiation Human Read More Innovative Memorialisation Pet Read More Smart Memorial Activation Read More Activated Products Installations Read More

  • Contact | Modurn

    Contact Us for all your Modurn questions. From finding a reseller to technical onboarding questions. We are here to help. Our team is prepared to handle any questions you may have for us! Get in Touch Modurn Group Pty Ltd PO BOX 7306 Brighton VIC 3186 Australia 1300 MODURN +61 438 636 336 (INT) www.modurn.com hello@modurngroup.com First Name Last Name Email Message Code Phone Company Send Thanks for submitting! find a reseller Find a reseller "Our products are sold globally through a network of leading industry service providers." If you’d like more information about Modurn products and services contact info@modurngroup.com . Australia & New Zealand Distributors Final Touch Australia: info@finaltouchaustralia.com.au Arrow Memorials: customercare@arrowbronze.com.au Contact NZ Distributor: sales@thememorialcompany.nz Bronze Plaques NZ: sales@bronzeplaquesnz.co.nz Asia Contact info@pelicanandpartners.com for sales in Asia. North America & Europe Contact: info@modurngroup.com Modurn Industry Partners

  • FAQ | Modurn

    FAQ's What is Modurn? Modurn is a technology company dedicated to preserving and sharing life stories through interactive digital memorials. Our platform allows you to create beautiful, lasting tributes that celebrate the memories of loved ones. Modurn creates integrated "smart" memorial Urn, Keepsake, accessories and architectural products that connect to the secure Modurn life story App via Bluetooth beacon and GPS technology. What products do Modurn offer? Integrated Urns and Keepsakes Smart Memorial Plaques SMP – Bluetooth Smart Memorial Plaques SMP 2.0 – GPS Integrated Pet Urns and Keepsakes Scattering tubes with life story location feature Commemorative installation sculptures Personalisation and bespoke memorial products Memorial and Cemetery Life Story SAAS How does the Life Story App work? Our APP platform enables users to create personalised memorials by uploading photos, videos, written stories, and other digital content. These memorials can be shared privately with family and friends or made publicly accessible to honour a legacy. Who can create a Life Story? Anyone can create a memorial for a loved one. Family members, friends, and even organisations can contribute to ensure their story is preserved for future generations. Is it free to use? The app is free to use, and there are no hosting costs. However, premium features are in development to be introduced in the future as optional subscriptions. How long do you host a life story? Indefinitely, as long as the company is operating. We are also developing a download feature for customers who want an offline version. Who can see my life story? Only those who are privately invited can view the life story content, as well as public viewers in proximity of a publicly placed product, such as a Modurn Smart Urn, cemetery, or memorial park legacy solution. How is my information protected? We have implemented global security protocols and continuously upgrade our encrypted systems to safeguard information. Privacy and security are our top priorities. Do you share life story information? No, we do not share your life story, private information, or media with third parties. What is the difference between a Smart Memorial Plaque (SMP) and SMP2.0? SMP - includes Bluetooth beacon technology encased in memento hardware that can be scanned within 7 metres proximity and connects the plaque to the life story via the Modurn app. SMP 2.0 - is a “Software as a Service” (SAAS) product that connects the location of a plaque via longitude and latitude co-ordinates to the life story via the Modurn app. The SMP 2.0 can be searched and navigated to via the App from your location and a limited pre-approved view of a life story is available to enjoy via the Modurn App. Why choose an SMP ? Traditional Plaques are unable to tell a loved one's story and perpetuate their legacy as thoroughly as a SMP2.0 plaque’s connected life story. ModUrn’s innovative products offer a solution to enhance the traditional memorial by safely and centrally storing meaningful details, media and more to honour and celebrate life. SMP 2.0 Features include: Search and navigate: Easily search and navigate to a loved one’s memorial, ensuring you never get lost or are unable to find your loved one’s final resting place. Memorial profile: A digital memorial page that captures the information of a loved one to share at the memorial site and can be accessed by invited family and friends. Biography: The traditional plaque has limited space and to enhance commemoration a biography can capture and share a complete life story. Experiences: This feature can only be viewed by invited family and friends who are able to contribute memories, stories and experiences to enrich memorialisation. Legacy: The App profile provides secure areas to record important information for families & future generations. Including health journey, documents & more. Rich data: Never forget a loved one’s journey by recording experiences, interests and passions, academics and career and more with optional question prompts in categories. Media: Store media and memories with images, voice recordings and video links for family and friends to access at anytime from anywhere. What does the beacon do? The beacon allows a life story to be viewed within 7 meters via the in-app scanner. It also enables easy onboarding and viewing at a memorial, function, or wake. Is a beacon always included? The beacon is optional with our Memento and Urn range. Is there a maximum storage size for media and content on the app? Each life story can store up to 5GB of media. Can I store videos on the app? You can link videos from a shared file, such as Google Drive or OneDrive with public access, YouTube, Vimeo, and other storage providers, ensuring they are set to "anyone with the link can view." Can I save an MP3 voice recording on the app? Yes, there is a Voice Record Feature that captures MP3 files for up to 20 minutes per file. How long is the beacon battery life? Up to two years. It uses a standard 3V Lithium CR2032 button battery, which can be replaced by removing the capsule cover. Can I turn the beacon technology off and on? Yes, the beacon can be turned off by pressing the soft capsule cover; a red light will indicate it is off. Can I store my family tree documents on the app? Yes, PDFs and media can be stored in the Important Documents feature. How close do I need to be to scan a life story? Approximately 7 meters. Does my family have to pay to see or contribute to my life story? No, it is free to use and enjoy. What happens if I lose my password? You can reset your password via the app or contact support at admin@modurngroup.com. Can I give a close family member or friend caretaker and admin access? Yes, in the family and friends section, you may assign caretaker and admin roles. There are four access levels: Viewer, Contributor, Caretaker, and Creator. How do I share my life story with family and friends? Simply download the ModUrn App at Google Play or the App store to create an account, follow the prompts, and select the share symbol. What if I lose the beacon contained in an Urn or Memento? We can disable and replace the beacon for replacement cost plus delivery. Can I get another beacon to link to my life story? Modurn Super Admin can replace a lost or stolen beacon in such cases if required. Can I re-use a beacon for another life story? No, once a beacon is associated with a life story, it cannot be re-used and vice-versa. What size is the ModUrn Urn? Approximately 18cm in height and width, holding up to 1 litre (67 cubic inches) of cremated remains. What size is the Signature Series Urn? Approximately 27cm in height and 20cm width, holding up to 4 litres (244 cubic inches) of cremated remains. Can I customise a Modurn Urns with my own design and artwork? Yes, contact us at hello@modurngroup.com for specifications. Customisation takes from two to four weeks depending on the customisation Modurn Full T&C’s and Privacy Policy is available here: https://www.modurn.com/apptermsconditions or visit www.mordurn.com for our full range of innovative products and services.

  • Pet Products | Modurn

    Pet Urn pet cremation Services Providing Everything You Need Service Name This is a Paragraph. Click on "Edit Text" or double click on the text box to edit the content and make sure to add any relevant information that you want to share with your visitors. Service Name This is a Paragraph. Click on "Edit Text" or double click on the text box to edit the content and make sure to add any relevant information that you want to share with your visitors. Service Name This is a Paragraph. Click on "Edit Text" or double click on the text box to edit the content and make sure to add any relevant information that you want to share with your visitors.

  • Modurn Store | Modurn

    Modurn Store find a reseller Find a reseller "Our products are sold globally through a network of leading industry service providers." If you’d like more information about Modurn products and services contact info@modurngroup.com . Australia & New Zealand Distributors Final Touch Australia: info@finaltouchaustralia.com.au Arrow Memorials: customercare@arrowbronze.com.au Contact NZ Distributor: sales@thememorialcompany.nz Bronze Plaques NZ: sales@bronzeplaquesnz.co.nz Asia Contact info@pelicanandpartners.com for sales in Asia. North America & Europe Contact: info@modurngroup.com law Modurn products & Australian Consumer Law Our products come with guarantees that cannot be excluded under Australian consumer law. You may also have contractual rights under the Modurn Limited Warranty. This means you are entitled to a repair, replacement, or refund for a major failure, as well as compensation for any other reasonably foreseeable loss or damage. If the product is not of acceptable quality, you are entitled to have it repaired or replaced, provided the failure is not major. When you purchase Modurn hardware products, you will receive coverage under the Modurn Sales Limited Warranty. If your product is defective, you can choose to make a claim under Australian consumer law or the Modurn Sales Pty Ltd Limited Warranty. Non–Modurn branded products purchased from Modurn resellers are not covered by Australian consumer law. Australian Consumer Law: Modurn Sales Limited Warranty Repair or replacement coverage for defects arising after customer takes delivery Claim period: A reasonable period from the date of delivery until the failure becomes apparent Without limiting consumers' rights, Modurn will provide remedies equivalent to those under the consumer guarantee provisions of the Australian Consumer Law at any time within 24 months of the date of purchase. For clarity, Modurn acknowledges that the Australian Consumer Law may provide for remedies beyond 24 months for certain products. 2 years from the date of purchase for Modurn products 1 year from the date of purchase for all other Modurn products Cost of coverage: Provided at no additional cost Who to contact to make a claim: The seller, Modurn Support, Modurn Resellers, or Modurn Authorized Service Provider Repair or replacement options: Carry-in or mail-in service Overseas repair or replacement: Available Technical support: Included at no additional cost The above summary is subject to the full terms and conditions of the Modurn Sales Limited Warranty. This page has been prepared by Modurn Sales Pty Ltd and is not endorsed by any third party. Modurn Support: 1-300-663-876 Availability of each option depends on the country of service request and the location of a Modurn Authorized Service Provider or reseller. Modurn may request that customers replace components with readily installable parts. Service may be restricted to the country where Modurn or its authorized distributors originally sold the product. Modurn Sales Pty Ltd. PO Box XXXX, Melbourne VIC 3000, Australia Summary of Australian statutory consumer guarantees: Goods will be of acceptable quality. Services will be provided with due care and skill. Goods will be fit for a particular purpose. Services will be fit for a particular purpose. Goods will match their description. Services will be provided within a reasonable time. Goods will match the sample or demonstration model. You have title to the goods. You have undisturbed possession of the goods. There are no undisclosed securities on the goods. For Modurn-branded goods, in addition to the above, we also guarantee to provide repairs or spare parts for a reasonable time and honor the Modurn Sales Limited Warranty. Under Australian consumer law, remedies for product failures depend on whether the failure is major or minor. Minor failures can typically be resolved in a reasonable time through repair, replacement, or refund, or for services, resupply. If unresolved, you may seek repair elsewhere and recover costs. Remedies for Major Failures with Goods: Return the product and ask for a refund. Return the product and ask for an identical or similar replacement. Keep the product and ask for compensation for the drop in value caused by the problem. Remedies for Major Failures with Services: Cancel the contract, pay a reasonable amount for completed work, or seek a refund. Keep the contract and negotiate a reduced price due to the drop in service value. For goods, a major failure occurs if: You would not have purchased the product if you’d known about the issue. The product is significantly different from the description, sample, or demo. It is substantially unfit for its purpose and cannot be easily fixed within a reasonable time. It is unsafe. For services, a major failure occurs if: You wouldn’t have engaged the service had you known the extent of the issue. The service doesn’t meet reasonable expectations and cannot be fixed within a reasonable time. You specified a particular purpose that was not met. The service created an unsafe situation. For more information, visit the Australian consumer law website at consumerlaw.gov.au. Modurn products & International Sale of Goods The U.N. Convention on Contracts for the International Sale of Goods The U.N. Convention on Contracts for the International Sale of Goods ("CISG") entered into force in the United States on January 1, 1988. If applicable to a given transaction, the CISG supplies "gap filling" rules that govern contract formation and set forth the rights and obligations of the buyer and seller. The CISG provides, however, that express contractual provisions take precedence over the default provisions of the CISG. Thus, contracting parties remain free to specify whatever law or terms they wish to apply to their transaction, and may exclude altogether the application of the CISG to their contractual relationship. The UN Treaty Section reports that the Ratification, Acceptance, Approval, Accession, or Succession of the CISG has been adopted by the following 61 States (as of May 1, 2002): Argentina Australia Austria Belarus Belgium Bosnia-Herzegovina Bulgaria Burundi Canada Chile China Croatia Cuba Czech Republic Denmark Ecuador Egypt Estonia Finland France Georgia Germany Greece Guinea Hungary Iceland Iraq Israel Italy Kyrgyzstan Latvia Lesotho Lithuania Luxembourg Mauritania Mexico Moldova Mongolia Netherlands New Zealand Norway Peru Poland Romania Russian Federation Saint Vincent & Grenadines Singapore Slovakia Slovenia Spain Sweden Switzerland Syria Uganda Ukraine United States of America Uruguay Uzbekistan Yugoslavia Zambia The Treaty Section of the United Nations' Office of Legal Affairs has recently begun to charge a fee for access to its Internet website, although information on treaty status can still be obtained from them without charge via facsimile at (212) 963-3693. Another no-cost source of CISG status information can be found at the UNCITRAL website: http://www.uncitral.org/. The CISG only applies to international commercial sales of goods. Each of these elements constitutes an important limitation on the scope of the CISG's applicability. First, the sale must be international in character. A sale is considered "international" if it involves "parties whose places of business are in different States." In ratifying the CISG the United States stipulated that, absent express agreement to the contrary, the CISG would not apply to contracts between a U.S. party and a party whose place of business is in a State that has yet to adopt the CISG. (See declaration by the United States of America that "Pursuant to Article 95 the United States will not be bound by Subparagraph (1)(b) of Article I" of the CISG.) Second, the CISG covers the sale of goods, and may not apply to contracts that include services. Where a contract includes both goods and services elements, the CISG will apply unless "the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services." Article 3. Finally, the CISG only applies to commercial transactions, and does not apply to sales of goods that are "bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known" that the goods involved were bought for such use. Additionally, the CISG does not apply to the following types of sales: by auction; on execution or otherwise by authority of law; of stocks, shares, investment securities, negotiable instruments or money; of ships, vessels, hovercraft or aircraft; or of electricity. Article 2. Adoption of the CISG by the United States provides important benefits to U.S. exporters. Parties negotiating international sales contracts often find the "choice of law" issue to be among the most contentious. Each party is familiar with its own domestic sales law, and prefers that its local rules apply to the transaction. The CISG enables the parties to avoid difficulties in negotiating "whose law will govern" by putting into place internationally accepted substantive rules on which contracting parties, courts, and arbitrators may rely. The CISG's rules closely follow Article 2 of the Uniform Commercial Code ("UCC"), which is in force in 49 of the 50 states. Consequently, U.S. practitioners will be familiar with most of its terms and rules. However, several important distinctions between the UCC and the CISG should be highlighted: 1. Specification of Price - Under the CISG, a proposal to create a contract is not sufficiently definite as an offer unless it "indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price." Article 14. By contrast, the UCC is more flexible in contract formation and will find an agreement valid, despite missing terms including performance and price, if the parties intended to be bound by the agreement, and a reasonably certain basis exists for granting a remedy. See UCC § 2-204. 2. Revocability of Offer - Under the CISG, an offer becomes irrevocable if it indicates through a fixed time for acceptance or otherwise that it is irrevocable, or if the offeree reasonably relies on the offer as being irrevocable, and acts in reliance on it. Under the UCC, an irrevocable offer must be in a signed writing that by its terms assures that the offer will be held open. 3. Terms of Acceptance - Under the CISG, acceptance occurs upon receipt thereof by the offeror; many UCC jurisdictions hold that acceptance occurs when it is mailed or transmitted by the offeree to the offeror. 4. "Battle of Forms" - the CISG follows rules of offer and acceptance that are similar to the common law rule. A reply to an offer that purports to be an acceptance, but has additions, limitations, or other modifications is generally considered by the CISG to be a rejection and counteroffer. The UCC, on the other hand, tries to avoid the "battle of forms" that can result from such a rule, and allows an expression of acceptance to be operative, unless the acceptance states that it is conditioned on the offeror consenting to the additional or different terms contained in the acceptance. 5. Writing Requirement - The CISG does not require that a sales contract be reduced to a writing*. Under the UCC's statute of frauds, oral contracts selling goods for a price of $500.00 or more are generally not enforceable, unless, for example, the existence of a contract is conceded to, or payment or delivery and acceptance have occurred. It should also be noted that the CISG generally leaves questions relating to the validity of a contract and the effect that "the contract may have on the property in the goods sold" to be determined by applicable domestic law. Article 4. * Note that Contracting States that require sales contracts to be written or evidenced by writing, may at any time make a declaration in accordance with Articles 96 and 12 of the CISG such that they are not bound to allow a contract of sale "or its modification or termination by agreement or any offer, acceptance, or other indication of intention to be made in any form other than in writing." Article 96. The U.S. did not make such a declaration. Modurn products & China consumer Law Law of the People's Republic of China on the Protection of Consumer Rights and Interests (Adopted at the Fourth Meeting of the Standing Committee of the Eighth National People's Congress and promulgated by Order No.11 of the President of the People's Republic of China on October 31, 1993) Contents Chapter I General Provisions Chapter II Rights of Consumers Chapter III Obligations of Business Operators Chapter IV Protection of Legitimate Rights and Interests of Consumers by the State Chapter V Consumer Organizations Chapter VI Settlement of Disputes Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 The present Law is formulated for the protection of the legitimate rights and interests of consumers, maintenance of the socio-economic order and promotion of the healthy development of the socialist market economy. Article 2 The rights and interests of consumers in purchasing and using commodities or receiving services for daily consumption shall be under the protection of the present Law, or under the protection of other relevant laws and regulations in absence of stipulations in this Law. Article 3 Business operators shall, in their supply of commodities produced and sold by them or services to consumers, abide by the present Law, or abide by other relevant laws and regulations in absence of stipulations in the present law. Article 4 In transactions between business operators and consumers a principle of voluntariness, equality, fairness, honesty and credibility shall be followed. Article 5 The State shall protect the legitimate rights and interests of consumers from infringement. The State shall adopt measures to safeguard consumers' exercise of their rights in accordance with the law and to maintain the legitimate rights and interests of consumers. Article 6 It is the common responsibility of the whole society to protect the legitimate rights and interests of consumers. The State shall encourage and support all organizations and individuals to exercise social supervision over acts infringing upon consumer rights and interests. Mass media shall conduct propaganda defending the legitimate rights and interests of consumers and, through public opinion, exercise supervision over acts infringing upon the legitimate rights and interests of consumers. Chapter II Rights of Consumers Article 7 Consumers shall, in their purchasing and using commodities or receiving services, enjoy the right of the inviolability of their personal and property safety. Consumers shall have the right to demand business operators to supply commodities and services up to the requirements for personal and property safety. Article 8 Consumers shall enjoy the right to obtain true information of the commodities they purchase and use or the services they receive. Consumers shall have the right to demand business operators, in light of the different conditions of commodities or services, to provide their prices, origin, manufacturers, usage, functions, standards, grades, main ingredients, date of production, term of validity, certificates of inspection, operation instructions, after sale services or information relating to contents, standards and costs of the services. Article 9 Consumers shall enjoy the right of free choice of commodities or services. Consumers shall have the right to make a free choice of business operators for supply of commodities or services, select freely among varieties of articles or forms of services and decide independently to buy or not to buy any kind of commodities, or to accept or not to accept any item of services. Consumers shall have the right to make comparisons, differentiations and selections when they make a free choice of commodities or services. Article 10 Consumers shall enjoy the right of fair deal. Consumers shall, in their purchasing commodities or receiving services, have the right to obtain fair deal prerequisites such as guarantee of quality, reasonable prices and correct measurement, and have the right to refuse any compulsory transaction of business operators. Article 11 Consumers suffering from personal injury or property damage resulting from their purchasing or using of commodities or receiving of services shall have the right to demand compensations in accordance with the law. Article 12 Consumers shall have the right to form public organizations for the maintenance of their own legitimate rights and interests according to law. Article 13 Consumers shall have the right to acquire knowledge concerning consumption and protection of consumer rights and interests. Consumers shall make efforts to master the knowledge of their necessary commodities or services and the skill in operation thereof, apply the commodities in a correct way and raise their consciousness of self-protection. Article 14 Consumers shall, in their purchasing and using commodities or receiving services, have the right that their human dignity, national customs and habits are respected. Article 15 Consumers shall have the right to exercise supervision over commodities, services as well as the work of protection of consumer rights and interests. Consumers shall have the right to inform and charge against the infringement upon consumer rights and interests and the breach of law or neglect of duty on the part of State organs and their functionaries in the work of protection of consumer rights and interests, and have the right to raise criticism of or proposals for the work of protection of consumer rights and interests. Chapter III Obligations of Business Operators Article 16 Business operators shall, in their supply of commodities and services to consumers, fulfill their obligations stipulated in the Law of the People's Republic of China on Product Quality and other laws and regulations concerned. In case an agreement is reached between business operators and consumers, the business operators shall fulfill the obligations agreed upon in the agreement; but the agreement between the two parties shall not contravene the provisions of laws and regulations. Article 17 Business operators shall listen to the consumers' opinions on the commodities and services they supply and accept consumers' supervision. Article 18 Business operators shall guarantee that the commodities and services they supply meet the requirements for personal or property safety. As to commodities and services liable to harm personal or property safety, business operators shall give the consumers truthful explanation and clear-cut warnings, and shall explain or indicate the correct ways of using the commodities or receiving services as well as the methods of preventing damage. Business operators shall, upon discovery of serious defects of the commodities or services they supply which are liable to harm personal or property safety even though the commodities are correctly applied or services are received in a correct way, immediately report to the administrative departments concerned and inform the consumers, and adopt measures to prevent damage. Article 19 Business operators shall provide consumers with authentic information concerning their commodities or services, and may not make any false and misleading propaganda. Business operators shall give truthful and definite replies to inquiries from consumers about the qualities of the commodities or services they supply and the operation methods thereof. Shops shall mark clearly the prices of the commodities they supply. Article 20 Business operators shall indicate their real names and marks. Business operators who lease counters or grounds from others shall indicate their own real names and marks. Article 21 Business operators who supply commodities or services shall make out for consumers invoices for purchases or documents of services in accordance with relevant regulations of the State or commercial practices; business operators must produce such invoices or documents where consumers so demand. Article 22 Business operators shall guarantee the quality, functions, usage and term of validity which the commodities or services they supply should possess under normal operation or acceptance, except that consumers are aware of the defects before they buy the commodities or receive the services. Business operators who employ advertisements, product instructions, samples or other ways to display the quality state of their commodities or services shall guarantee that the actual quality of the commodities or services they supply is in conformity with that demonstrated. Article 23 Business operators who are under the obligation of repair or caveat venditor, or other responsibilities in accordance with regulations of the State or agreements with consumers shall carry out such obligations correspondingly according to such regulations or agreements, and may not deliberately delay or unreasonably refuse to do so. Article 24 Business operators may not, through format contracts, notices, announcements, entrance hall bulletins and so on, impose unfair or unreasonable rules on consumers or reduce or escape their civil liability for their infringement of the legitimate rights and interests of consumers. Format contracts, notices, announcements, entrance hall bulletins and so on with contents mentioned in the preceding paragraph shall be invalid. Article 25 Business operators may not insult or slander consumers, may not search the body of consumers or the articles they carry with them, and may not violate the personal freedom of consumers. Chapter IV Protection of the Legitimate Rights and Interests of Consumers by the State Article 26 The State shall heed to the opinions and demands from consumers when making laws, regulations and policies concerning consumer rights and interests. Article 27 People's governments at various levels shall strengthen their leadership, and organize, coordinate and supervise the administrative departments concerned to do their work well in the protection of the legitimate rights and interests of consumers. People's governments at various levels shall strengthen supervision to prevent occurrence of acts damaging the personal or property safety of consumers and promptly check any such acts. Article 28 Administrative departments for industry and commerce of the people's governments at various levels and other administrative departments concerned shall adopt measures to protect the legitimate rights and interests of consumers within the scope of their respective functions and duties in accordance with the provisions of the laws and regulations. Administrative departments concerned shall listen to the complaints of consumers and their public organizations as to the transactions of business operators and the quality of their commodities and services, and carry out timely investigation and disposition. Article 29 State organs concerned shall, in accordance with the provisions of laws and regulations, punish any law-breaking or criminal activities of business operators infringing upon the legitimate rights and interests of consumers in their supplying commodities or services. Article 30 The people's courts shall adopt measures to facilitate consumers to take legal proceedings and must entertain and handle without delay cases of disputes over consumer rights and interests that meet the conditions for a lawsuit specified in the Civil Procedure Law of the People's Republic of China. Chapter V Consumer Organizations Article 31 Consumer associations and other consumer organizations are public organizations formed according to law to exercise social supervision over commodities and services and to protect the legitimate rights and interests of consumers. Article 32 Consumer associations shall perform the following functions: (1) to provide consumption information and consultative services to consumers; (2) to participate in supervision over or inspection of commodities and services conducted by relevant administrative departments; (3) to make reports, inquiries and suggestions to relevant administrative departments about issues relating to the legitimate rights and interests of consumers; (4) to accept complaints of consumers and offer investigations and mediations with respect to issues of complaints; (5) where complaints are about commodities or services, to submit for appraisement issues of complaints to appraisal departments which shall inform them of the expert conclusions; (6) to render support to victims in their legal proceedings against infringement upon the rights and interests of consumers; (7) to expose and criticize through mass media the acts infringing upon the legitimate rights and interests of consumers. People's governments at various levels shall give support to consumer associations in the performance of their functions. Article 33 Consumer organizations may not be engaged in commodity transactions or profit-making services, and may not recommend to the society commodities or services for the purpose of making profits. Chapter VI Settlement of Disputes Article 34 In case of disputes with business operators over consumer rights and interests, consumers may settle the disputes through the following approaches: (1) to consult and conciliate with business operators; (2) to make a request to consumer associations for mediation; (3) to appeal to relevant administrative departments; (4) to apply to arbitral organs for arbitration according to the arbitral agreements with business operators; (5) to institute legal proceedings in the people's court. Article 35 Consumers whose legitimate rights and interests are infringed upon in their purchasing or using commodities may demand compensation from the sellers concerned. In case the liability is on the manufacturers or other sellers who supply the commodities to the said sellers, the said sellers shall, after paying the compensations, have the right to recover the compensations from the said manufacturers or the other sellers. Consumers or other victims suffering personal injuries or property damage resulting from defects of commodities may demand compensations either from the sellers or from the manufacturers. If the liability is on the manufacturers, the sellers shall, after paying the compensations, have the right to recover the compensations from the manufacturers; if the liability is on the sellers, the manufacturers shall, after paying the compensations, have the right to recover the compensations from the sellers. Consumers whose legitimate rights and interests are infringed upon in receiving services may demand compensations from suppliers of the services. Article 36 Consumers whose legitimate rights and interests are infringed upon in purchasing or using commodities or receiving services may, if the enterprises supplying the commodities or services have been split-up or merged, demand compensations from the enterprises succeeding to the rights and obligations of the original ones after the modifications. Article 37 In case a business operator unlawfully uses another's business license to supply commodities or services and infringes upon the legitimate rights and interests of consumers, the consumers may demand compensations either from such business operator or from the holder of the business licence. Article 38 Consumers whose legitimate rights and interests are infringed upon in purchasing commodities or receiving services at trade fairs or leased counters may demand compensations from the sellers or suppliers of the services. In case the fairs are over or the lease of counters expires, they may also demand compensations from organizers of the fairs or lessors of the counters. Organizers of the fairs and lessors of the counters shall, after paying the compensations, have the right to recover the compensations from the sellers or suppliers of the services. Article 39 Consumers whose legitimate rights and interests are infringed upon on account of commodities or services supplied by business operators by means of false advertisement may demand compensations from the business operators. Consumers may demand the competent administrative departments to punish the advertising agents who make false advertisements. Advertising agents who cannot provide the real names and addresses of the business operators shall be liable for compensation. Chapter VII Legal Responsibility Article 40 Business operators shall, if the commodities and services they supply involve any of the following circumstances, bear civil liability in accordance with the provisions of the Law of the People's Republic of China on Product Quality and other relevant laws and regulations, except as otherwise provided in the present Law: (1) there existing defects in the commodities; (2) not possessing the properties for use they should possess and no declaration thereabout is made at the time of sale; (3) not conforming to the standards indicated on the commodities or on the packaging thereof; (4) not conforming to the state of quality indicated by the product description or by physical samples; (5) producing commodities that have been formally declared by the State to be eliminated or selling commodities that are no longer effective or deteriorated; (6) commodities sold being short of weight or quantity; (7) contents and costs of services being not in conformity with the agreements; (8) deliberately delaying or unreasonably refusing consumers' requests for repair, remanufacture, replacement, return of goods, makeup for the short commodities, return of payment for goods or services, or compensation for losses; (9) other circumstances infringing upon consumer rights and interests as specified by laws and regulations. Article 41 Business operators shall, if the commodities or services they supply have caused personal injuries to consumers or other victims, pay for the victims' medical expenses, nursing expenses during medical treatment, the reduced income for loss of working time and other expenses. And business operators shall, if the commodities or services they supply have disabled the consumers, also pay for the victims' expenses on self-help devices, living allowances, compensations for disability and the necessary living cost of the persons supported by the disabled. Business operators shall, if the case constitutes a crime, be investigated for criminal responsibility according to law. Article 42 Business operators shall, if the commodities or services they supply have caused death of consumers or other victims, pay funeral expenses, death compensation and the necessary living cost of the persons supported by the deceased during their lifetime. Business operators shall, if the case constitutes a crime, be investigated for criminal responsibility according to law. Article 43 Business operators who violate the provisions of Article 25 of the present Law and violate the human dignity or personal freedom of consumers shall stop the violations, rehabilitate consumers' reputation, eliminate the bad effects, make apologies and compensations therefor. Article 44 Business operators shall, if the commodities or services they supply have caused damage to the properties of consumers, bear civil liabilities by means of repair, remanufacture, replacement, return of goods, makeup for the short commodities, return of payment for goods and services, or compensation for losses and so on as demanded by consumers. If consumers and business operators have otherwise agreed upon, such agreements shall be fulfilled. Article 45 Business operators shall be responsible for repair, replacement or return of goods, if repair, replacement or return of goods is guaranteed by provisions of the State or agreed upon between business operators and consumers. Business operators shall be responsible for replacement or return of goods if the commodities still malfunction after being repaired twice within the term of guaranteed repair. As to large-sized commodities guaranteed for repair, replacement or return, business operators shall bear the reasonable costs such as expenses for carriage if consumers demand repair, replacement or return. Article 46 Business operators who supply commodities by mail-order shall provide their commodities according to the agreements. Business operators who fail to provide their commodities according to the agreements shall fulfil the agreements or return the consumers' payment for the commodities on the demand of the consumers, and bear the reasonable expenses that the consumers have to pay. Article 47 Business operators who supply commodities or services in the form of advance payment shall provide their commodities or services according to the agreements. Business operators who fail to provide their commodities or services according to the agreements shall fulfil the agreements or return the advance payment on the demand of the consumers, and shall also bear the interest of the advance payment and other necessary expenses that the consumers have to pay. Article 48 Business operators shall, on the demand of the consumers, be responsible for return of goods determined to be substandard commodities by administrative departments concerned according to law. Article 49 Business operators engaged in fraudulent activities in supplying commodities or services shall, on the demand of the consumers, increase the compensations for victims' losses; the increased amount of the compensations shall be one time the costs that the consumers paid for the commodities purchased or services received. Article 50 If business operators are under any of the following circumstances and the Law of the People's Republic of China on Product Quality and other laws and regulations have provided for punitive organs and forms therefor, the provisions of the laws or regulations shall be applied; in absence of such provisions in the laws or regulations, administrative departments for industry and commerce shall order them to make corrections, and may, in light of the circumstances, punish the offenders exclusively or concurrently with warning, confiscation of unlawful earnings, or imposition of a fine not less than one time but not more than five times the value of the unlawful earnings; in case there involves no unlawful earnings, the offenders shall be punished with a fine of 10,000 yuan or less, and if the circumstances are serious, they shall be ordered to suspend business for rectification, and their business licences shall be revoked: (1) producing or selling commodities failing to meet the requirements for the protection of personal and property safety; (2) mixing adulterations into their commodities, or passing fake commodities off as genuine ones, or passing defective commodities off as good ones, or passing substandard commodities off as standard ones; (3) producing commodities which have been formally declared by the State to be eliminated, or selling commodities no longer effective or deteriorated; (4) forging the origin of commodities, forging or counterfeiting the names and addresses of other factories, and forging or counterfeiting the authentication marks or famous-and-excellent-product marks; (5) selling commodities not inspected or quarantined against the requirement therefore, or forging the result of inspection or quarantine; (6) making false or misleading propaganda about their commodities or services; (7) deliberately delaying or unreasonably refusing consumers' demand for repair, remanufacture, replacement, return of goods, makeup for the short commodities, refundment of payment for goods or services, or compensations for losses; (8) violating human dignity or personal freedom of consumers; (9) other circumstances wherein punishment shall be given for infringement of consumer rights and interests as stipulated by laws or regulations. Article 51 Any business operator who is not satisfied with the decision on punishment may apply to the organ at the next higher level for reconsideration within 15 days from the date of receipt of the decision; and the person who is not satisfied with the reconsideration decision may bring a lawsuit in the people's court within 15 days from the date of receipt of the reconsideration decision; or he may take legal proceedings directly in the people's court. Article 52 Anyone who, by means of violence or threats, hinders functionaries of the administrative departments concerned from performing their duties according to law, shall be investigated for criminal responsibility according to law; and those who refuse or hinder functionaries of the administrative departments concerned from performing their duties according to law, without resorting to violence or threats, shall be punished by public security organs in accordance with the stipulations of the Regulations of the People's Republic of China on the Administrative Penalties for Public Security. Article 53 Any functionary of the State organs, who neglects his duties or shields any business operator guilty of infringement of the legitimate rights and interests of consumers, shall be given administrative sanctions by the unit he belongs to, or by an organ at a higher level; if the circumstances are serious enough to constitute a crime, he shall be investigated for criminal responsibility according to law. Chapter VIII Supplementary Provisions Article 54 The present Law shall be applicable mutatis mutandis to peasants' purchase or application of means of production used directly in agricultural production. Article 55 The present Law shall go into effect as of January 1, 1994. Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People's Congress. ModUrn Trade Mark “ModUrn is the trade mark 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. ModUrn Group Pty Ltd holds International Patent and Design Registrations: AU 2018100674, EU 005263266-0001, US Patent No. D868,415.

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