1.1 TheModernMan.com, its owner and representatives will be referred to as "TheModernMan.com", "we" or "our" throughout these terms and conditions ("Terms").
1.2 Access to and use of the website www.TheModernMan.com ("the Website"), its contents and use of all products and services available via the Website or associated products or services ("collectively the "Products") is subject to these Terms.
1.3 Accessing the Website or using the Products indicates that you have read, understood and agree to be bound by the Terms.
1.4 We reserve the right to review and change any of the Terms, without notice, by updating the Terms at our absolute discretion. Any such changes take immediate effect from the date of their publication on this page.
2. Products and Access to the Website
2.1 We shall use reasonable endeavours to provide continuing availability to the Website, but you expressly acknowledge and accept that access to the Website is provided on a temporary basis.
2.2 We reserve the right to, at any time and at our absolute discretion without prior notice to you: a) to temporarily suspend the operations of, or restrict access to, the Website or part thereof for updating, maintenance, upgrading purposes or any other purpose whatsoever that TheModernMan.com deems appropriate; or b) to withdraw or vary any of the content on the Website or available from the Products; or c) to amend the Products without notice; or
2.3 You expressly acknowledge and accept that TheModernMan.com will not be held liable for any loss, liability or damages arising from the unavailability of the Website at any time or for any period or for any service interruptions.
3. Prices, Orders and Payment
3.1 All amounts referred to in these Terms are in Australian Dollars and are exclusive of GST.
3.2 Products will not be shipped or made accessible to you for download unless you pay for them in full.
3.3 All Products to be supplied by us to you are described on the Website.
3.4 You are liable for any and all third party costs that arise in relation to the provision of the Products, including but not limited to, shipping, downloading, server and packaging costs.
3.5 We may charge you interest on any overdue amounts at the rate of 12% per annum, calculated monthly. This does not apply to monthly payment options and subscriptions.
3.6 If you do not pay for any Product provided to you, we may engage the services of a debt collection organisation, legal practitioners or other entities to assist us in recovering that debt and add the debt recovery costs to the amount of any outstanding debt.
3.7 No order may be cancelled except with our prior written consent and on terms which will indemnify us against all losses.
4.1 The delivery times made known to you for delivery of any of Products ordered by you from us via the Website or otherwise are estimates only and we are not be liable for late delivery or non-delivery.
4.2 TheModernMan.com is not liable for any loss, damage or delay occasioned to you arising from late or non-delivery of any Products ordered by you.
4.3 TheModernMan.com is not responsible to you, or any person claiming through you, for any loss or damage to any Products in transit caused by any event of any kind by any person (whether or not we are legally responsible for the person who caused or contributed to that loss or damage).
4.4 TheModernMan.com must provide you with e-mail confirmation of your purchase records if necessary to commence legal action against carriers provided you: a) have notified both us and the carriers in writing immediately after loss or damage is discovered on receipt of the Products; and b) lodge a claim for compensation on the carrier within three (3) business days of the date of receipt of the Products.
5. Refund Policy
5.1 Subject to clauses 5.2 and 5.3, TheModernMan.com offers a full, 30-day money back guarantee on all Products.
5.2 If you are not satisfied with any of the Products you have purchased from TheModernMan.com, you may request a refund by contacting us here. This request must be made within 30 days of purchasing the Products.
5.3 If you request a refund for a Products which have been shipped to you: a) the refund will be reduced by the amount of costs associated with restocking the Products at our warehouse; and/or b) if the Products are not in the same condition they were in at the time they were shipped to you, the refund will be reduced by the amount of costs associated with restoring the Products to their condition at the time they were originally shipped to you.
5.4 If you do not make your request for a refund in accordance with this clause: a) TheModernMan.com is not under any obligation to accept any Products returned by; and b) TheModernMan.com may accept Products returned by you on terms to be agreed in writing in each individual case.
5.5 If TheModernMan.com agrees to accept returned Products from you pursuant to this clause, you must return the Products as directed by us.
5.6 You will not be entitled to a refund if you have previously requested a refund for anything from The Modern Man.
6.1 If you elect to submit testimonials to us via the Website in any form, including but not limited to, text audio and video, you expressly acknowledge, accept and agree that you have: a) Submitted that testimonial voluntarily; b) All testimonials submitted to us become the property of TheModernMan.com; c) We may use the testimonials for marketing and other purposes at our absolute discretion; and d) To the maximum extent permitted by law, we are not liable for any claims made by you or any other person arising from or in connection with the use of or truthfulness of any testimonials, including but not limited to, break up of a relationship, loss of employment, loss of money, physical harm, embarrassment, mental harm, death, ostracism.
7. Copyright and Intellectual Property
7.1 TheModernMan.com is the sole proprietor of all intellectual property embodied in or connected to TheModernMan.com, the Website and the Products ("the Intellectual Property").
7.2 The Website, the Products and all its related Products are subject to copyright. All material on the Website is protected by copyright under the laws of Australia and protected internationally under those laws.
7.3 TheModernMan.com retains all rights, title and interest in and to the Website (including all text, graphics, logos, button icons, video images, audio clips, writings and software) and all related content. Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you.
7.4 You may store, print and display the content supplied by or accessible from the Website and/or the Products for your personal use only. You are not permitted to use any such content for or in connection with any business or commercial enterprise.
7.5 You must not broadcast, publish or republish, up-load to a third party, transmit, post, show or play in public, distribute or otherwise reproduce in any format, adapt or change, alter, reverse engineer, modify, translate, decompile, disassemble or create derivative works of the Intellectual Property and/or the content supplied by or accessible from the Website and/or the Products without our prior written consent.
7.6 You acknowledge that this condition has permanent effect.
8. Liability & Indemnity
8.1 Subject to the Trade Practices Act 1974 (Cth) as amended from time to time ("TPA"), TheModernMan.com's total liability for breach of a condition or warranty implied by the TPA or for any loss, damage or reliance shall be limited to: a) In the case of goods, either replacement of goods, repair of goods, or a refund of the price paid for the goods (as determined by us); b) In the case of services, either supply of the services again or a refund of the price paid for the services (as determined by us).
8.2 All warranties, conditions and representations, whether express or implied (other than express warranties stated by us in writing), are excluded except where the law prohibits exclusion or limitation of liability. To the fullest extent permitted by law, TheModernMan.com is not liable to you for any loss, indirect, special, consequential, general or similar damages arising from or in connection with your use of, testing or reliance on the content supplied by or accessible from the Website and/or the Products, your use of, testing or reliance on any advice provided to you on a 'one-on-one' basis, your accessing, using or transacting on the Website, any negligence by us, or for any claim made against you by any other party.
8.3 You expressly acknowledge and agree that TheModernMan.com, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors are not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages incurred or suffered by you as a direct or indirect consequence of your accessing, using or transacting on the Website or your use of, testing or reliance of the content available or accessible from the Website or the Products or your use of, testing or reliance on any advice provided to you on a 'one-on-one' basis.
8.4 You expressly acknowledge and agree that to the maximum extent permitted by law, TheModernMan.com is not liable for any direct, indirect, incidental, special, consequential or any other form of damage incurred or suffered by you as a direct or indirect consequence of you providing any personal information (including but not limited to, your name, address, email address and credit card details). This includes, but is not limited to, loss or damage suffered as a result of spam mail, theft or used for an unauthorised purpose.
8.5 You expressly agree to indemnify, keep indemnified and hold TheModernMan.com harmless from and against any claim brought against TheModernMan.com by a third party resulting from the provision of the Products by TheModernMan.com to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by you as a direct or indirect consequence of your accessing, using or transacting on the Website or your use of or reliance on the content available or accessible from the Website or the Products.
8.6 You expressly agree to indemnify TheModernMan.com in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by TheModernMan.com, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by you and/or any willful, illegal or negligent act or omission by you.
If you breach any clause of these Terms or part thereof, TheModernMan.com is entitled to exercise its rights to the full extent of the laws of the State of Victoria, Australia, and to obtain the relief and remedies available to it at law or in equity. This law protects TheModernMan.com worldwide.
10. Dispute Resolution
10.1 If a dispute arises out of or relates to these Terms, except where urgent interlocutory relief is sought, neither party may commence legal proceedings unless: a) The party claiming a dispute has given written notice of the dispute to the other; and b) Both parties endeavour, in good faith, to resolve the dispute expeditiously by any means upon which they mutually agree.
10.2 If the dispute remains unresolved within 30 days after notice has been given under 10.1(a), a mediator will be appointed by the President of the Law Institute of Victoria or his/her nominee and the parties will bear the costs associated with the mediation equally.
10.3 If the dispute is not resolved via mediation, either party may institute legal proceedings concerning the subject matter of the dispute.
11.1 You understand and agree that the material accessible and available from the Website and the Products provides informational content about women and dating based on anecdotal experience only. That material is of a general nature only and does not take into account your personal circumstances or needs.
11.2 You acknowledge and agree that use of, testing or reliance on any material, ideas or concepts or content accessible or available from the Website and/or the Products is at your own risk and that you are solely responsible for any consequences of such use or reliance.
11.3 All material accessible or available from the Website and/or the Products, is provided to you "as is" and "as available" without warranty or condition of any kind.
11.4 You understand and agree that any advice that is provided to you that is specific to your personal circumstances (including but not limited to by way of phone coaching, e-mail or one-on-one course participation in seminars or workshops) is based on anecdotal experience only. You further acknowledge and agree that use of, testing or reliance on any such advice is at your own risk and that you are solely responsible for any consequences of such use or reliance.
11.5 Neither TheModernMan.com, nor its affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the Website, its use, its content, any products or services available from the Website or any of the Products. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: a) Participating in any activity in reliance of any material accessible or available from the Website and/or the Products associated with TheModernMan.com (such as, but not limited to: Approaching women, going on dates). b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records. c) Costs incurred as a result of you using the Website, and/or any of the Products. d) If any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website. e) For any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11.6 TheModernMan.com does not exclude or limit the application of any provisions of any statute where to do so would contravene the statute or cause any part of this clause to be void. 12. Severability If any clause or part of any clause in these Terms is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
13. Whole Agreement
These Terms constitute the entire agreement between the parties and there are no other representations, promises, warranties, covenants or undertakings between the parties that apply to the subject matter of these Terms.
14. Waiver or Variation
14.1 A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
14.2 The exercise of a power or right does not preclude: a) its future exercise; or b) the exercise of any other power or right.
14.3 The variation or waiver of a clause or clauses in these Terms or a party's consent to a departure from a clause by another party will be ineffective unless in writing and executed by all relevant parties. (Execution on behalf of TheModernMan.com must is only effective if executed by a director of TheModernMan.com).
14.4 A waiver of a breach or default of any clause in these terms shall not be construed as a waiver of any succeeding breach of the same or any other clause, nor shall delay or omission to exercise or avail oneself of any right from the power or privilege available under these Terms operate as a waiver to any breach or default of these Terms.
15.1 Headings in these Terms are for convenience only and do not affect the construction of these Terms. Words in the singular also include the plural and vice versa.
15.2 In the event that a provision of these Terms is held to be invalid or unenforceable, that provision will be read down and the remaining provisions of these Terms will remain in full force and effect.
15.3 These Terms are governed by the laws in force in the State of Victoria and both parties hereby submit to the exclusive jurisdiction of the Courts of that State.