Modern Custodian - Website Terms and Conditions
These Website Terms and Conditions govern the general use of Modern Custodian’s website and do not apply to the use of Modern Custodian Store, Products or Services, Modern Custodian’s Applications or Accounts which are governed by the Terms and Conditions available here.
1. Application, variation and suspension
1.1 These Website Terms and Conditions govern the website operated and provided by Pretty Dardy Pty Ltd t/a Modern Custodian (ABN 84 656 048 378) (Modern Custodian).
these Website Terms and Conditions.
1.3 Modern Custodian may amend, vary or modify these Website Terms and Conditions at any time. Amendments will be effective upon posting of updated terms to www.moderncustodian.com.au. Your continued access after such posting constitutes your consent to be bound by the Website Terms and Conditions as varied. You may cease using Modern Custodian’s website if you do not agree to the variation.
1.4 Modern Custodian does not guarantee that this website will be free of disruption or error. The website may be unavailable from time to time, and occasional disruptions and outages may occur, including system failure or other events beyond the reasonable control of Modern Custodian and its third-party providers. From time to time, Modern Custodian may need to temporarily suspend access to this website to perform scheduled or emergency maintenance, or where reasonably necessary to protect Modern Custodian's legitimate interests. Modern Custodian will use reasonable efforts to fix faults and disruptions and where practical Modern Custodian will give notice of scheduled maintenance by posting a notice on this website.
2. Privacy
2.1 By accessing or using this website or otherwise contacting Modern Custodian, you agree and acknowledge that your personal information will be collected, used, disclosed and held in accordance with Modern Custodian’s Privacy Policy, which may be updated by Modern Custodian from time to time.
3. Cookies
3.1 This website uses cookies and device identifiers to identify visitors to this website, gather statistical information, store user preferences, activity, and session information, improve security, enhance website functionality, improve services and show Modern Custodian’s ads across the internet and devices. Modern Custodian also uses web analytics and session recording technology provided by third party service providers. These services use cookies to assist us in understanding how visitors access and utilise our website.
3.2 You can opt-out of Modern Custodian’s use of cookies in your browser at any time by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this website, may then be inaccessible or not function properly.
3.3 For more information on how Modern Custodian uses cookies and device identifiers please see Modern Custodian’s Privacy Policy.
4. Disclaimer and Liability
4.1 While Modern Custodian provides the website and its contents in good faith, the website is provided on an “as is” and “as available” basis. Except as required of Modern Custodian under the consumer guarantees in the Australian Consumer Law:
(a) Modern Custodian disclaims all conditions, warranties, guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no warranty, or guarantee regarding the reliability, accuracy, timeliness, quality, suitability or availability of the website or the content, information or materials on this website or any websites linked to this website. The entire risk arising out of the use of this website and its content remains solely with the user, to the maximum extent permitted under applicable law, including the Australian Consumer Law;
(b) Modern Custodian does not guarantee or warrant that this website will be uninterrupted or error-free or that this website or any files obtained from or through this website are free from harmful code, computer viruses or other defects;
(c) Modern Custodian shall not be liable for any damages, liability or losses arising out of your use of or reliance on this website or its content; and
(d) Modern Custodian shall not be liable for any loss or damage of any kind, whether direct, indirect, special, incidental, exemplary, punitive or consequential damages, including loss of revenue or profits, lost data, loss of value of equipment, death, personal injury or property damage related to or in connection with your use of this website and content, any information or materials on this website or any websites linked to this website.
5. Intellectual Property
5.1 Intellectual property rights (including any copyright, trademark rights) in the content on this website, vests in Modern Custodian, subject to any third party rights.
5.2 Nothing contained on this website is to be construed as granting a licence to use any content on this website. You may not use, reproduce or modify any content displayed on this website including Modern Custodian’s logo or trademark/s without Modern Custodian’s written consent.
5.3 You may not pass off content from this website as your own. This includes the practice of 'Framing' this website within another website as well as copying and re-using parts of the website.
5.4 The content of Australian, ISO and IEC Standards and other publications is subject to copyright and all rights are reserved. No part of these publications may be reproduced, copied, stored, distributed or transmitted in any form, or by any means, including photocopying, scanning, or other mechanical or electronic methods without the prior written permission of Modern Custodian.
6. Linking to other websites
6.1 This website may contain links to other websites. Modern Custodian does not warrant approve of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.
7. Guidelines for linking to this website
7.1 You are welcome to put links on your website pointing to the Modern Custodian’s website. In such case we request that you adopt the following guidelines for linking:
(a) Links to Modern Custodian's site should usually be to the home page, i.e. http://www.moderncustodian.com.au. Linking to other parts of the site poses some risk, as the page or service to which you link may move or become unavailable.
(b) The correct name for the website is Modern Custodian.
(c) Modern Custodian’s logo and its variants are registered trademarks and subject to copyright. They may only be used with written permission from Modern Custodian.
8. Governing Law
8.1 The laws of the State of Western Australia, Australia govern these Website Terms and Conditions and any agreement formed under them. You and Modern Custodian irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Western Australia, Australia.