This website is operated by My Modomart. Throughout these Terms of Service, references to “we,” “us,” and “our” mean My Modomart. By accessing our website or using any services, features, tools, or resources made available through it, you agree to comply with and be legally bound by the terms, conditions, policies, and notices outlined below.
By visiting our website and/or purchasing products from us, you engage in our “Service” and acknowledge that you are bound by these Terms of Service (“Terms”), including any additional policies, guidelines, and conditions referenced within this document or accessible via hyperlink. These Terms apply to all users of the site, including without limitation visitors, customers, merchants, vendors, and contributors of content.
Please review these Terms carefully before using our website. By accessing or using any portion of the website, you agree to these Terms. If you do not agree with all of the terms and conditions, you must not access the website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or services that may be introduced to the website in the future will also be governed by these Terms. The most current version of the Terms of Service can always be reviewed on this page. We reserve the right to revise, update, or replace these Terms by publishing changes on our website. It is your responsibility to review this page periodically. Continued use of the website after changes are posted constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the e-commerce infrastructure that enables us to sell our products and services.
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your Australian state or territory of residence, or that you have obtained consent from a parent or legal guardian allowing any minor dependent to use this website.
You agree not to use our products or Services for any unlawful or unauthorised purpose, and you must not breach any applicable laws or regulations, including intellectual property, consumer protection, or privacy laws.
You must not transmit viruses, malware, worms, or any harmful or destructive code through the website or Service.
Any breach of these Terms may result in immediate suspension or termination of your access to the Service.
For the purposes of these Terms, “Business Days” refers to Monday through Friday, excluding public holidays observed in Australia and any public holidays that may affect our fulfilment partners or delivery carriers.
“Service” means all features, products, content, tools, and resources made available by My Modomart via this website.
“You” and “your” refer to any individual who accesses, browses, uses, or makes purchases through our website.
We reserve the right to refuse service to any individual, for any lawful reason, at any time.
You acknowledge that your content (excluding payment details) may be transferred without encryption and may involve:
(a) transmissions over various networks; and
(b) technical modifications required to conform to the specifications of connecting systems or devices.
Payment information is processed securely using encrypted methods through authorised payment providers.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, access to the Service, or any website feature without our prior written consent.
Section headings are provided for convenience only and do not affect the interpretation of these Terms.
We do not guarantee that information available on this website is accurate, complete, or current. Content is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting additional sources. Any reliance on website content is at your own risk.
The website may include historical information, which is provided for reference only and may not be current. We may modify website content at any time but are under no obligation to update any information. You acknowledge that monitoring changes to the website is your responsibility.
Product prices may change at any time without prior notice, except where required by law.
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time without notice.
To the maximum extent permitted by law, we are not liable for any modification, price change, suspension, or discontinuation of the Service.
Certain products or services may be available exclusively online. These items may be limited in quantity and are subject to return or exchange in accordance with our Refund Policy and your rights under Australian Consumer Law.
We make reasonable efforts to display product images and colours accurately. However, we cannot guarantee that your device’s display will accurately reflect actual product colours.
We reserve the right, where permitted by law, to limit sales to any individual, geographic region, or jurisdiction on a case-by-case basis.
We may restrict product quantities, modify descriptions, adjust pricing, or discontinue products at any time at our discretion. Any product offer is void where prohibited by law.
We do not guarantee that products, services, or information purchased through the Service will meet your expectations, nor do we guarantee that Service errors will be corrected.
We reserve the right to refuse or cancel any order. We may limit quantities purchased per person, household, or order. These limits may apply to orders associated with the same account, payment method, billing address, or shipping address.
If an order is modified or cancelled, we may attempt to notify you using the contact details provided at checkout.
We may refuse or restrict orders that appear to be placed by resellers, distributors, or dealers.
You agree to provide accurate, complete, and up-to-date purchase and account information. You agree to promptly update your account details to ensure transactions can be completed and communications delivered.
Please refer to our Refund Policy for additional details.
We may provide access to third-party tools that we do not control or monitor.
These tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. We accept no liability for issues arising from your use of third-party tools.
Your use of optional tools is at your own risk and subject to the third-party provider’s terms.
Any new tools or services introduced in the future will also be subject to these Terms.
Our website may contain links to third-party content, websites, or services.
We are not responsible for evaluating or verifying the accuracy of third-party content and do not assume responsibility for third-party materials, products, or services.
We are not liable for damages arising from transactions conducted on third-party websites. You should review third-party policies before engaging with them.
If you submit content—whether requested or unsolicited—you agree that we may use, edit, publish, distribute, translate, or otherwise utilise such content without restriction.
We are not obligated to maintain confidentiality, provide compensation, or respond to submissions.
We may remove content that we determine to be unlawful, defamatory, offensive, or in violation of intellectual property or these Terms.
You are responsible for ensuring that your submissions do not violate third-party rights or contain unlawful or harmful material.
Personal information submitted through the website is governed by our Privacy Policy.
Occasionally, the website may contain errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, availability, or other information.
We reserve the right to correct errors and to update or cancel orders where information is inaccurate, including after an order has been submitted, to the extent permitted by law.
You are prohibited from using the website or Service:
(a) for unlawful purposes;
(b) to solicit unlawful acts;
(c) to violate any laws or regulations;
(d) to infringe intellectual property rights;
(e) to harass, abuse, discriminate, or harm others;
(f) to provide false or misleading information;
(g) to transmit malware or harmful code;
(h) to collect personal data without authorisation;
(i) to spam, scrape, crawl, or phish;
(j) for obscene or offensive purposes;
(k) to compromise security features.
We may terminate your access for violations of these prohibitions.
We do not represent, warrant, or guarantee that your use of the Service will be uninterrupted, timely, secure, or free from errors. We do not warrant that the results obtained from using the Service will be accurate or reliable.
To the fullest extent permitted by applicable law, you agree that your use of the website and the Service is at your sole risk. The Service and all products and services delivered through it are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
To the maximum extent permitted by law, My Modomart, including our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors, shall not be liable for any injury, loss, claim, direct or indirect damages, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product purchased using the Service.
Nothing in these Terms excludes, restricts, or modifies any guarantees, rights, or remedies that you may have under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded.
You agree to indemnify, defend, and hold harmless My Modomart and our parent companies, subsidiaries, affiliates, partners, directors, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, and representatives from and against any claim, demand, liability, loss, damage, cost, or expense (including reasonable legal fees) made by any third party.
This obligation applies where such claim or demand arises out of or relates to your breach of these Terms of Service, your violation of any applicable law or regulation, or your infringement of the rights of any third party, including intellectual property rights.
This indemnification obligation survives the termination of your use of the Service.
If any provision of these Terms of Service is determined to be unlawful, invalid, void, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
To the extent that any provision cannot be enforced in full, the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
Any obligations or liabilities incurred by either party prior to termination shall survive termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our Services, or by ceasing to access and use our website.
We may terminate or suspend your access to the Service immediately, without prior notice, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. In such circumstances, you will remain responsible for all outstanding amounts due up to and including the date of termination, and we may deny you access to the Service (or any part of it).
Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies, guidelines, or operating rules posted by us on the website or in relation to the Service, constitute the entire agreement and understanding between you and My Modomart regarding your use of the Service. They supersede and replace any prior or contemporaneous agreements, communications, proposals, or understandings, whether oral or written, between you and us, including any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and interpreted in accordance with the laws of Australia.
Where permitted by law, any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts and tribunals of Australia, and you expressly consent to that jurisdiction.
Nothing in this section limits, excludes, or modifies any rights you may have under the Australian Consumer Law or other mandatory consumer protection legislation.
You may review the most current version of these Terms of Service at any time by visiting this page.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Service by posting revisions to our website. It is your responsibility to review this page periodically to stay informed of any updates.
Your continued access to or use of the website or the Service following the publication of changes constitutes your acceptance of those changes.
Thank you for shopping with My Modomart.
Feel free to Contact us – we're ready to assist you!
Store Name: My Modomart
Address: 126 Greeves St, Fitzroy VIC 3065, Australia
Email: info@mymodomart.com
Phone: +61480009676
Customer Service: Monday to Friday 9:00 AM - 5:00 PM (AEST/AEDT)
Response Time: We aim to get back to you within one business day.