Terms of Access

This website is owned and operated by Embarking Pty Ltd ABN 70 104 447 501 trading as Modular People and its affiliates (collectively referred to as "Modular"). Please read these terms and conditions together with our Privacy Policy, as your use of the website constitutes agreement to these terms and conditions.

Using the Website

When using our website, you are permitted to view, print and download the material for personal, non-commercial use only but in so doing you can't remove or amend any trade mark, copyright or other proprietary notice. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the website without the prior written permission of Modular. All content on this website is protected by copyright laws, and it is either owned or used with permission by Modular. All other rights reserved.

Sending Material to Modular

From time to time, Modular may include on this website, features including without limitation, message boards, chat rooms photo galleries and audio and audio-visual recordings. Modular is not obliged to monitor censor, edit, or regulate any information or content provided by you or third parties on this website - although we may choose to at our sole discretion.

When you submit anything to Modular for our website, you agree that the material you send to us won't:(a) be infringing, defamatory, obscene, pornographic, violent, illegal, harassing etc (b) contain viruses or other harmful items, or (c) contain commercial material (e.g advertising products or services without our consent). To the extent permitted by law, Modular won't be held liable for any loss or damages that result from any action raised in connection with any statements or views by our website users that are published on this website. Opinions and statements posted by third parties are not those of Modular and we don't endorse them either (unless of course we explicitly say so).

If you send, upload or post any content to this Website and Modular (including photos, music etc), you warrant to Modular that you have the right and authorisation to do so and that you don't need the consent of any third party to do this. So, for example, if you submit photos to us, then you must get the approval of the person in the photograph. If you don't have the required approval, or falsely claim to have the approval, then you'll be liable for breaching these terms and conditions. If this happens, then Modular has the right to deny or restrict your access to the website at any time. We may also notify the appropriate law enforcement agencies or your internet service provider.

Modular's right to Use Materials

When you send any material to Modular, you grant to us, a non-exclusive, perpetual, worldwide, transferable and royalty free licence to use, display, modify, adapt, transmit or copy that material in whatever format (including text, graphics or music) and in any manner in all media throughout the world in perpetuity. By you sending the material to us, this will be deemed as valid and binding consent by you to grant us this licence. Of course, you retain the copyright in anything you own that you send to us.

To the extent permitted by applicable law, you agree that you will not assert your moral rights in relation to any material that you submit to Modular.

No Warranties

Whilst Modular endeavours to ensure that the information on this website is correct, it is provided on an "as is" basis, without warranties of any kind, and no warranty, express or implied, is given as to accuracy or completeness and Modular does not accept any liability for any error or omission. While we don't think that any of the information contained on the Website is inaccurate, we don't warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the website updated.

Modular won't be liable for any claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from a third party or your use or inability to use this Website.

We'll use our best efforts to ensure that there are no viruses on our website, but due to the nature of the internet, we can't ensure such exclusion and no liability is accepted for viruses. When use our website, we recommend that you take all appropriate safeguards such as making sure your virus protection is updated and in effect.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damage, including reasonable legal fees, which we may suffer or any third party claims made against us arising from your activities on or use of the website including your negligence, any complaints made by others against you or any breach by you of these terms and conditions.

Linked Websites

Modular accepts no responsibility for the content on any site to which a hypertext link from our website is provided. The links are provided "as is" with no warranty, express or implied, for the information provided within them. You've got the check the terms and conditions of the linked sites that you visit.

All authors or providers of a link into this site should note that Modular does not necessarily read, check or edit the context from such links and Modular accepts such material linked to its site purely on the basis of an understanding that Modular is a distributor (not a publisher) of such material and by linking to this site, the author or provider of the link gives an implied warranty that he/she/it will indemnify Modular in the event of any action arising as a result of such material appearing on or via this site. All persons accessing this site are also put on notice of such fact.

Modular makes efforts to ensure that its publications, advertising and offers on this site fully meet the requirements of Australian law and foreign laws of any country where it is intended for such content to be viewed. In the event that a foreign country law may not be fully complied with, then Modular shall be deemed not to be directing such content to that particular country.

Modular People Store

This Website provides users with a free information service, but should Modular add services for which payment is required, users will be notified within the site and given instructions for subscribing to any such services.

No contract will subsist between you and Modular for the sale by it to you of any product unless and until Modular accepts your order by e-mail confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Modular sends the e-mail to you (whether or not you receive that e-mail). For the avoidance of doubt, any such contract will be deemed to have been concluded in Australia. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of Australia.

Privacy

From time to time, Modular may have to collect personal information about you in order to operate this website, to fulfill your requests or enable you to participate in some of our online activities and competitions. Modular respects your privacy and won't sell your personal information. Please read our Privacy Policy for more details.

Variations

Modular reserves the right to remove, alter or delete any material or information from the website without any prior notice to you.

Governing Law

This agreement is entered into in New South Wales, Australia. You agree that it will be governed by the laws of the State of New South Wales and any disputes arising out of this agreement will be subject to the non-exclusive jurisdiction of the courts of the State of New South Wales. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Contact Us

If You require any further information please write to:

Modular Recordings
PO Box 1666
Darlinghurst NSW 1300
Australia.

These Terms and Conditions were last revised on 19 October 2006.