Terms and Conditions
Last updated 28 Jan 2025.
Welcome to Modula Market, (“us,” “we,” the “Company” or "Modula Market").
1. Acceptance of Terms of Use Agreement.
By creating a Market Market account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, and (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase products we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on Modula Market, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
Authority to Agree to these Terms.
If you are a company or organization, both you and the person who signs up on your behalf, represent and warrant that this person has the authority to bind your company or organization.
2. Template Ownership.
The templates (henceforth, "Item" or "Items") on Modula Market are owned by the respective rights holder (ie. the author). They are licensed to you under the terms of the Modula Market License (as amended from time to time) at the direction of authors.
By downloading an Item you do not acquire ownership of the Item itself, only a license to use that Item. Items are subject to specific terms of use, and these terms are set out in the Modula Market License.
3. Browsing.
You need to be 16 years or over to browse Modula Market. We don’t knowingly collect any information from anyone aged under 16 years. When browsing Modula Market, these terms and conditions, and any other applicable guidelines, policies and instructions (which are available in our Help Centre), apply to any use of Modula Market whether or not you’re a member.
4. Becoming a Member.
You need to be 18 years or over to become a Member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
5. Item Purchases.
When you purchase an Item it must be used in accordance with the Modula Market License.
6. Your Responsibility.
You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). You are responsible for any use of Modula Market that occurs in conjunction with your username and password (if applicable) so keep your password secure and don’t let any other person use your username or password, or any associated identity provider authentication. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
7. Item Information
The description of Items published on our site, and any associated links, have been provided to us by authors. While we have made reasonable efforts to check the accuracy of the descriptions, Item authors are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for their products or services.
8. Currency.
You are responsible for all costs of currency conversion relating to your Modula Market purchase(s). Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from Modula Market, which we have no control over.
9. Taxes.
a. The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Invoiced amounts will indicate whether or not the price is inclusive of transactional taxes.
b. You are responsible for paying all other fees and taxes associated with your use of Modula Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
10. Refunds.
Given the nature of digital content, we do not generally offer a refund on a purchased Items unless we have made changes to these terms that materially affect you to your detriment, or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund you should open a help request.
We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
a. you have changed your mind about your purchase;
b. you made a purchase by mistake;
c. you do not have sufficient expertise to use the Items made available;
d. you ask for goodwill; or
e. you can no longer access any of your desired Items because they have been removed from Modula Market (we advise you to download Items as soon as you license them to avoid this situation).
If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Modula Market offered to you when completing your purchase.
11. Transaction Disputes.
If, as a Member, you lodge a dispute with a payment provider or your bank, this will result in a freezing of your Modula Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
12. Intellectual Property.
a. What we own: We own all the content that we have put on Modula Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Modula Market site, and copyright, trademarks, designs and other intellectual property on Modula Market. We own all the trademarks, logos, service marks and trade names on Modula Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
b. What we don’t own: We do not own the Items on Modula Market; the Item authors do. However, we have the right to sublicense the Items to you on the terms of the Modula Market License.
13. Copyright.
Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content on Modula Market infringes any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.
Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Modula Market including copyright and other rights.
Use of your information
14. Privacy.
We respect your privacy and process your information in accordance with our Privacy Policy.
Our Privacy Policy explains how we deal with your information.
15. Confidential Information.
We value your information and take reasonable precautions to protect it. While using Modula Market, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through Modula Market to any other person.
16. Linking to Modula Market.
We reserve the right to insist that any link to Modula Market be discontinued, and to revoke your ability to link to Modula Market.
17. Links from Modula Market.
The Modula Market platform and Item downloads may contain links to other non-Envato sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
18. Eligibility, suspension or termination.
Being a Member is not an automatic right, it is a benefit for those who follow our terms and policies. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Modula Market complies with these terms. We can suspend or terminate your account at any time for any reason (acting reasonably of course) including:
a. if you breach these terms;
b. if you act in a way that does not align with the values of our community; or
c. if you act in a way that could cause us or others harm.
If we do decide to permanently terminate your account you must not apply for a new account.
19. Pricing.
Authors may change the price of their Item(s) at any time and without notice.
20. Liability and indemnity - between us and Members.
You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Modula Market, any Item or the products or services forming part of any Third Party Offer (excluding any losses we incur arising out of our own gross negligence, wilful misconduct or breach of contract).
To the extent permitted under the law, Modula Market, the Items and all Third Party Offers are made available to you on an “as is" basis. Subject to clause 20, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
21. Our Liability.
Our liability to you in connection with Modula Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
a. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense, except where such loss is caused by our gross negligence, wilful misconduct or breach of contract; and
b. our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your Modula Market Items in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
22. Our Availability.
We strive to have Modula Market available to you 24 hours a day, seven days a week, however occasionally you may not be able to access Modula Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Modula Market works, including the kinds of Items available on Modula Market. Where possible, we will give you reasonable prior notice of these changes. The Company will not be liable to you for any loss you suffer as a result of these things.
23. Consumer laws.
In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, and otherwise to the maximum extent permitted by law, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
24. Restrictions.
We may block you, cancel, or refuse to process a payment if we reasonably believe there is a risk associated with you, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your Envato accounts you use on other Envato sites. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
25. US-specific controls.
Modula Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Modula Market Items to a U.S. sanctioned country or to anyone on the SDN list.
26. Relationship between the parties.
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
27. Notices.
Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
28. Changes to these terms.
We may change these terms (including the Modula Market License) at any time and, if we make changes, we will take reasonable steps to let our Members know about the changes before they take effect. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment we will give you reasonable prior notice about the change, before it takes effect, and you may cancel your Modula Market account in accordance with section 22 above. However, if you continue to use Modula Market after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of Items, could have a material effect on the amount of value you get out of Modula Market. The removal of individual items or a minor clarifying change to the Modula Market License will not typically have a material effect on you to your detriment.
29. Interpretation.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
30. Applicable Laws.
We control and operate Modula Market from our offices in Australia. The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.