MODLR

Terms and Conditions

Date of last revision: 19 May 2020

At MODLR we are devoted to providing an excellent service to you and your business. Use of our online software, our web site and any other services we offer (Services) are subject to the following Terms of Service (Terms).

Definitions and Variations

End User Terms of Service

Services

Payment

Subscribing

Information Confidentiality

Communications between you and MODLR

Your Non-Transferable Licence

End User Data

Publicity

Terminating your MODLR Service

MODLR general practices regarding use of the Service

MODLR Website, website and other publications (our Content)

Liability

Disclaimer and limitation of warranties

EXCEPT FOR LIABILITIES ARISING FROM PERSONAL INJURY OR DAMAGE TO TANGIBLE PROPERTY OR CHANNEL PARTNER'S INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR LOSS OF PROFITS, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THIS AGREEMENT, INCLUDING SERVICE OUTAGES (OTHER THAN CREDITS, AND ANY CANCELLATION OR MODIFICATION OF A SERVICE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MODLR HEREUNDER, FROM ALL CAUSES OF ANY KIND, IN ANY AND ALL CATEGORIES, INCLUDING BUT NOT LIMITED TO FRAUD, MISTAKE, NEGLIGENCE, ACT OR OMISSION, AND BREACH, EXCEED IN THE AGGREGATE, THREE (3) MONTHS' OF SERVICE FEES PAID TO CHANNEL PARTNER UNDER THIS AGREEMENT OR ONE THOUSAND DOLLARS ($1,000), WHICH EVER IS the GREATER. MODLR MAY ELECT TO MEET ANY LIABILITY UNDER THIS AGREEMENT BY THE GRANT OF CREDITS TO CHANNEL PARTNER FOR USE OF THE SERVICE. IN THE EVENT THAT ANY SUPPLY OF GOODS OR SERVICES UNDER THIS AGREEMENT CONSTITUTES A SUPPLY OF GOODS OR SERVICES REGULATED BY THE AUSTRALIAN CONSUMER LAW, NOTHING CONTAINED IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY MANDATORY GUARANTEE, CONDITION, WARRANTY OR OTHER OBLIGATION UNDER THAT LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WHERE THE BENEFIT OF SUCH GUARANTEE, CONDITION, WARRANTY OR OTHER OBLIGATION IS APPLICABLE, THE SUPPLYING PARTY'S SOLE LIABILITY FOR ITS BREACH, INCLUDING IN RESPECT OF ANY CONSEQUENTIAL LOSS, IS LIMITED TO (A) IN RELATION TO GOODS, THEIR REPLACEMENT OR THE SUPPLY OR EQUIVALENT GOODS OR PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS OR THE REPAIR OF THE GOODS OR PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND (B) IN RELATION TO SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, IN EACH CASE AS THE PARTY SUPPLYING THE GOODS OF SERVICES MAY SELECT.



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