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Modulario
+61 2 9644 4014

Terms of Use

Last updated: November 16, 2024

Please read these Terms of Use carefully before accessing or using any part of the Modulario platform or services available at modulario.website. By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use our services.

1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement between you and Modulario governing your access to and use of our website, platform, and all related services. Your continued use of the platform following any updates to these terms constitutes acceptance of those changes.

2. Eligibility

You must be at least 18 years of age to use our services. By agreeing to these terms, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement. If you are using the platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.

3. Description of Services

Modulario provides an online platform connecting clients with professional specialists in improvisational performance disciplines. Services are delivered remotely and may include consultations, coaching sessions, workshops, and other digital service engagements. The specific scope of each service is defined at the point of booking or agreement.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.

4.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@modulario.website if you suspect any unauthorised access to or use of your account. We will not be liable for any loss resulting from unauthorised use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these terms or engaged in conduct that is harmful to other users, third parties, or the integrity of the platform.

5. Use of the Platform

5.1 Permitted Use

You may use the platform solely for lawful purposes and in accordance with these Terms of Use. You agree to use the platform in a manner consistent with all applicable laws and regulations.

5.2 Prohibited Conduct

You agree not to engage in any of the following:

— Using the platform for any fraudulent, deceptive, or unlawful purpose.

— Attempting to gain unauthorised access to any part of the platform or its related systems.

— Transmitting any harmful, offensive, defamatory, or otherwise objectionable content.

— Interfering with or disrupting the integrity or performance of the platform.

— Copying, reproducing, distributing, or creating derivative works from any platform content without express written permission.

— Using automated tools, bots, or scrapers to access or collect data from the platform.

— Impersonating any person or entity or misrepresenting your affiliation with any person or entity.

6. Payments and Billing

6.1 Fees

Certain services on the platform require payment. All applicable fees will be disclosed prior to purchase. By initiating a payment, you authorise us to charge the specified amount using your selected payment method.

6.2 Refunds

Refund eligibility is determined by the specific service agreement or booking conditions applicable to each engagement. Unless otherwise stated, payments are non-refundable once a service session has been delivered. For queries regarding refunds, please contact us at support@modulario.website.

6.3 Taxes

You are responsible for any applicable taxes arising from your use of our services. Displayed prices may or may not include applicable taxes depending on your location.

7. Intellectual Property

7.1 Platform Content

All content on the Modulario platform, including but not limited to text, graphics, logos, interface design, and software, is the exclusive property of Modulario or its licensors and is protected by applicable intellectual property laws. Nothing in these terms grants you any ownership rights over platform content.

7.2 User Content

If you submit, upload, or otherwise provide any content through the platform, you grant Modulario a non-exclusive, royalty-free, worldwide licence to use, store, display, and reproduce that content solely for the purpose of operating and improving the platform. You represent that you have all necessary rights to grant this licence.

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding our services may be used by Modulario without any obligation to compensate you or maintain confidentiality.

8. Third-Party Services and Links

The platform may contain links to third-party websites or integrate with third-party services. These links are provided for convenience only. Modulario does not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party services. Your interactions with third-party services are governed solely by their respective terms and policies.

9. Privacy

Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

10. Disclaimers

The platform and all services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Modulario does not warrant that the platform will be uninterrupted, error-free, or free of harmful components. We make no representations regarding the accuracy, completeness, or suitability of any content on the platform for any particular purpose.

Specialist availability and service outcomes cannot be guaranteed. Results from coaching or consultative sessions may vary and depend on individual effort and circumstances beyond our control.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Modulario and its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the platform or services, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under or in connection with these terms shall not exceed the total amount paid by you to Modulario in the twelve months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Modulario and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the platform, your violation of these terms, or your infringement of any third-party rights.

13. Modifications to These Terms

We may update these Terms of Use from time to time. When we do, we will revise the "Last updated" date at the top of this page. Where changes are material, we may provide additional notice through the platform or by email. Your continued use of the platform after any changes take effect constitutes your acceptance of the revised terms.

14. Termination

We may terminate or suspend your access to the platform immediately, without prior notice or liability, for any reason, including if you breach these Terms of Use. Upon termination, your right to use the platform will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

15. Governing Principles

These Terms of Use are intended to be interpreted in a manner consistent with fair dealing and good faith. Any dispute arising in connection with these terms will be addressed through good-faith negotiation in the first instance. If resolution cannot be reached informally, disputes may be referred to an appropriate neutral dispute resolution process.

16. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms of Use, together with our Privacy Policy and any applicable service-specific agreements, constitute the entire agreement between you and Modulario with respect to your use of the platform and supersede all prior or contemporaneous communications and proposals.

18. Contact

If you have any questions or concerns regarding these Terms of Use, please contact us:

Modulario
198 George St, Bundaberg West QLD 4670, Australia
Phone: +61 2 9644 4014
Email: support@modulario.website
Website: modulario.website