Promotional Terms and Conditions
10th Birthday Sale:
- Offer #1 - Buy 2 pairs* get a 3rd FREE
*Valid until 10th of September* Discount applied to the lowest priced product. Customer must add three pairs to their cart in order for the discount to automatically apply. Excluding ModiBasics, Bundles & Gift Cards. Returns portal/Shopnow orders are excluded from this promotion. Sorry, no rainchecks.
- Offer #2 - Get $10 off your order
Use code: 10FOR10
*Minimum $50 spend, excludes Modibasics, Bundles & Gift Cards
Valid until 20th of September. Sorry, no rainchecks.
- Offer #3 - Save 30% off our top 10 styles. Offer applies to selected BLACK styles only. Excludes Modibasics, Bundles & Gift Cards. Limited Time Only.
Teen Design Competition:
●To enter this competition, entrants must be a resident of the relevant Region of the competition they enter and must be 18 years old or younger at the date of entry. All entrants under 18 years of age must have parent or legal guardian consent to participate. Only one entry from each entrant will be accepted. This must be the entrant’s own unique design to avoid breaches of intellectual property laws (see Conditions for more information about this requirement). Entries must not be submitted by Modibodi directors, officers, management and employees (or their immediate families (including step-family members and de facto spouses).
● To enter, entrants must, during the Competition Period submit a unique design of their own creation for a Modibodi Teen pant. Using our square template of (15cm x 15cm) create your own design using a maximum of 6 colours and a minimum of 2 colours, no words. Submit your entry via Typeform. The Typeform includes your name, age, address, country, and for entrants under 18 years of age, the full name, email and phone number of their parent/guardian. Entrants must also accept a statement that they and their parents/guardians (if applicable) agree for their personal information to be used as anticipated by the
Conditions of Entry:
Design Format:
● hand drawn saved as a pdf;
● photoshop saved as Ai;
● Illustrator saved as EPS; or
● Paint saved as PDF.
Final design will be created into a repeat pattern and printed on to a Modibodi Teen pant style.
Check out the example of design and print on a pant.
Note: Final design size will be altered to fit pant as a reprint pattern. Modibodi will make reasonable attempts to match original colours.
● This competition will run in the following three (3) regions: 1. Australia and New Zealand; 2. UK and 3. Europe.The competition will run from12:01am (AEDT) on 01/04/2023 to 11:59pm (AEDT) on 30/04/2023.
● This is a game of skill, not of chance: all entries will be reviewed and judged by Modibodi (or by its appointed judges) based on selected criteria such as creative merit, originality and brand suitability. Modibodi’s decision regarding all aspects of the competition, including which entries win, is final and no further correspondence will be entered into. Winners may be required take part in publicity including photoshoots and/or interviews. See Prize Conditions for further information and conditions.
● There are in total 3 major prizes to be won. One winner will be selected from each Region. Each winner in each of the Regions will receive a Modibodi voucher to the value of $200, $250 cash prize, plus a framed copy of their winning design. Note: Prize values are in AUD and are inclusive of GST.
● The winners will be contacted by 19 May 2023 by email and prize winners will be highlighted in media or published on Modibodi website and other communication channels such as social media. Please note that the winner’s name, age, Region and winning design will be announced publicly to the media. If Modibodi is unable to contact the winner (and/or the winner does not contact Modibodi) by the Claim Date, Modibodi will discard that entry and either award the prize to the next best valid entry, or in its absolute discretion, withdraw the prize un-awarded. Prize/s must be claimed by 25th May 2023.
CONDITIONS
1. Entry into this competition constitutes acceptance of these Conditions of Entry (which comprise the Schedule and these Conditions) by the entrant and their disclosed parent(s)/guardian(s).
2. All entries submitted must be the entrant’s original work. Modibodi has the right at any time to verify (or require an entrant to verify) that the entry is the entrant’s original work including by asking the entrant for appropriate identification. If in Modibodi’s opinion the entrant’s work has not been verified as their original work, Modibodi will deem that entry invalid.
3. Entries will not be returned to entrants. All entries and intellectual property contained therein become the property of Modibodi. By submitting an entry, entrants:
3.1 undertake to Modibodi that their entry is not, and its use by Modibodi will not be, in breach of any third party intellectual property rights;
3.2 agree that they assign (transfer) all copyright, moral rights and intellectual property (together ‘IP’) in the entry to Modibodi and consent to Modibodi using the entry in any way and for any purpose as Modibodi sees fits including editing, adapting, altering the entry or publishing the entry in part or whole in any media including social media and websites, and for selling products bearing the entry design or any part thereof. All sale proceeds of such will remain the property of Modibodi (subject to any donation or payment it may choose to make to its selected charity(s)); and
3.3 acknowledge and agree that to the extent permitted at law, Modibodi excludes all liability to entrants for any loss, damage, claim or expense that entrants suffer or incur in connection with this competition and the entrant releases Modibodi from any liability, cost, damage, loss or expense arising out of, or in connection with, entry into this competition and Modibodi’s use of any design entered into the competition.
4. Winners accept the transfer of IP and stated prizes as total renumeration for IP.
5. Modibodi may (but is not obliged to) determine at any time, in its absolute discretion, whether or not to publish any entries online in any media, remove any entries once published online, or amend, edit or modify any entries (or any part thereof), or disqualify or invalidate any entry including (without limitation) if Modibodi is of the view that:
5.1 the entry does not comply with paragraph 1; or
5.2 the entry otherwise breaches these Conditions of Entry, and Modibodi will have no liability to entrants if it exercises this right.
6. The information entrants and their parents/guardians provide to enter will be used by Modibodi for the purpose of conducting this competition (“personal information”). Modibodi may collect personal information or disclose such information to its related companies, contractors and agents, who may be in overseas locations such as India, to assist in conducting this competition, storing data or communicating with entrants. An entrant must not enter this competition unless they consent to their personal information being: used by Modibodi as specified in this paragraph 2; stored on Modibodi’s database; and it being used by Modibodi to contact the entrant with special offers, news and information about its products, including contacting the entrant via electronic messaging. Modibodi is bound by the Privacy Principles in the Privacy Act 1988 (Cth). Modibodi’s Privacy Policy, located at https://www.modibodi.com/pages/privacy contains information about:
6.1 how entrants or their guest/s can seek access to the personal information Modibodi holds about them and seek the correction of such information; and
6.2 how entrants or their guest/s can complain about a privacy breach and how Modibodi will deal with such a complaint.
7. Modibodi accepts no responsibility for any tax implications arising from prize winnings.
8. A prize will only be awarded to an entrant once the entrant has been validated and verified by Modibodi in accordance with these Conditions of Entry.
9. Physical prizes will be delivered by post to the winners at their nominated delivery address. Modibodi and its associated agencies and companies are not liable for any damage, loss or delay in transit to prize/s. Prize delivery will only be made to addresses located in the relevant Region of each winner.
10. Modibodi may in its absolute discretion cancel or withdraw the prize, retain the IP and will offer no substitute prize or compensation if in Modibodi’s opinion a winner behaves in a way that is contrary to law, behaves inappropriately, aggressively or offensively, or behaves in a way which may damage the reputation of Modibodi or any of its related bodies corporate or the agencies or companies affiliated with this competition.
11. If requested by Modibodi, entrants and the winner/s must participate in all promotional activity (for instance publicity, filming and photography) in relation this competition, free of charge and they consent to Modibodi using their name/s, image/s and/or voice/s in promotional material in any media for any length of time without notification, remuneration or compensation.
12. Modibodi reserves the right, in its sole discretion, to disqualify any individual who Modibodi has reason to believe has:
12.1 submitted an entry which is not in accordance with these Conditions of Entry;
12.2 breached any of these Conditions of Entry;
12.3 tampered with or benefited from tampering with the entry process or the operation of the competition;
12.4 engaged in any unlawful, fraudulent, deceptive or other improper misconduct intended to jeopardise the fairness and proper conduct of the competition and/or damage the goodwill or reputation of Modibodi or any of its related bodies corporate or the agencies or companies associated with this competition; or
12.5 acted in a disruptive manner with the intent to annoy, abuse, threaten or harass any other person.
13. Failure by Modibodi to enforce any of its rights at any stage does not constitute a waiver of those rights. Modibodi reserves its legal rights to recover damages or other compensation from such an offender.
14. Except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), Modibodi and its associated agencies and companies exclude all liability for any loss, expense, damage, personal injury, illness or death (whether or not arising from any person's negligence) that may occur from participating in this competition or as a result of accepting or using any prize. For the avoidance of doubt, this clause does not limit or affect any waiver or disclaimer signed or accepted by entrants as part of this competition.
15. These Conditions of Entry do not exclude, restrict or modify any statutory consumer rights under the Australian Consumer Law and any similar laws. However, to the extent permitted by law to do so, Modibodi makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality and suitability of a prize awarded as part of this competition and will not be responsible for breach of any such implied terms.
16. If this competition is unable to run as planned due to any cause beyond Modibodi’s reasonable control, Modibodi may in its sole discretion cancel, terminate, modify or suspend the competition or invalidate any affected entries.
17. Modibodi may run, communicate or advertise this competition using social media including Facebook and/or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants are providing their information to Modibodi and not to the social media channels. Each entrant completely releases each relevant social media channel from any and all liability.
18. These Conditions of Entry are governed by the laws of Victoria, Australia.
19. Modibodi means Modibodi Australia Pty Ltd.
Thank You Credit
The $10 Thank You credit is valid until 12pm 31st October 2023 to customers who have purchased the Australia Post delivery label through the following link https://return.auspost.com.au/MODIBODI_END_OF_LIFE_PILOT. To redeem this offer, a minimum order of $40AUD applies. This offer excludes bundle packs, sale items, gift cards, Maxi absorbency collection, Give A Pair, Ultra and PUMA x Modibodi ranges. Not available in conjunction with another offer. Offer will only be valid on the Australian site.
Mix & Match
Mix & Match pricing applies only to individual items (underwear) across Modibodi, Modibodi Teen and Modibodi Men. Discount automatically applies upon adding items to cart. Cannot be used in conjunction with another coupon code, discount or offer. In the event that another offer is available or valid code is entered at checkout, you will receive the best offer available to you. Selected styles only. Excludes bundle packs, Breastfeeding Cami, Give A Pair and gift cards.
First Order Discount
Our '10% off your first order' sign up offer is valid to new customers only upon subscribing to the Modibodi/Modibodi Teen newsletter. To redeem this offer, add 2 or more products to cart and use the code 'MBWELCOME' at checkout. This offer excludes bundle packs, sale items, gift cards, Maxi absorbency collection and Give A Pair. Not available in conjunction with another offer. Offer will only be valid on the regional website you signed up on.
- Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you will be unable to use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. - Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Modibodi’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
● modify or copy the materials;
● use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
● attempt to decompile or reverse engineer any software contained on Modibodi’s website;
● remove any copyright or other proprietary notations from the materials; or
● transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modibodi at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Disclaimer
The materials on Modibodi’s website are provided “as is”. Modibodi makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modibodi does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this website. - Limitations
In no event shall Modibodi or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Modibodi’s website, even if Modibodi or a Modibodi authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. - Revisions and Errata
The materials appearing on Modibodi’s website could include technical, typographical, or photographic errors. Modibodi does not warrant that any of the materials on its website are accurate, complete, or current. Modibodi may make changes to the materials contained on its website at any time without notice. Modibodi does not, however, make any commitment to update the materials. On rare occasions, there may be pricing discrepancies caused by technical issues outside our control. - Links
Modibodi has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Modibodi of the site. Use of any such linked website is at the user’s own risk. - Site Terms of Use Modifications
Modibodi may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use. - Governing Law
Any claim relating to Modibodi’s website shall be governed by the laws of the State of NSW without regard to its conflict of law provisions.
Should an error in product pricing occur, the product will be withdrawn from sale and correct pricing offered in accordance with Australian Consumer Law.
If a credit is given to the customer that is linked to the customer account, this transaction is final. The customer may not, under any circumstances change the payment of credit to a refund.
COMPETITION TERMS AND CONDITIONS
Modibodi™ is the “Promoter”.
- Entry
Entry is open to all Australian residents, aged 18 years and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prize), and their immediate families (“Eligible Entrants”). Entries become the property of the Promoter and can be used for future promotional purposes, social media, and press opportunities. - Refer a Friend
If the competition includes ‘refer a friend’ entries, entrants may ‘refer a friend’ to the competition by entering the friend’s name and email address on the entry form. Entrants who refer-a-friend will receive a bonus entry into the Competition for each unique, completed referral. Entrants must only use the refer-a-friend feature solely to those people whom the entrant has an existing relationship and who the entrant reasonably believes will not object to receiving information about the Competition or any other promotional material. Entrants creating false email addresses to gain more referrals will be disqualified. - The Prize
The prize is non-transferable and cannot be exchanged for other services or products. The prize can only be delivered within Australia unless specified. In the event that any prize is unavailable, the Promoter reserves the right to substitute a different prize item of equal or greater value. - The Winner
The winner of the competition will be drawn by an authorised MODIBODI representative and contacted within 48 hours of the competition ending. In the event the winner is not able to be contacted, the winner has 48 hours to respond to the promoter to claim their prize, upon which, the winner automatically forfeits their prize and a new winner will be drawn. The authorised MODIBODI representative’s decision (including any decisions as to prize distribution) is final and the Promoter will not enter into correspondence regarding the result. - Delivery
If the prize requires delivery, the Promoter will take necessary actions to have the prize delivered on the day chosen/specified, but take no responsibility for delays or damage in delivery caused by third parties. - Liability
The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.
The Promoter, its associated agencies and companies and the agencies and companies associated with this Promotion (including Blogs, Facebook, Forum & Twitter if the Promotion is conducted via a Facebook Platform, Blogs, Forum & Twitter) will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
Any prizes offered as part of a Competition will be as described by Modibodi. Prizes are not transferable and are not redeemable for cash. Taxes on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute a prize of similar value. Winners receive prizes entirely at their own risk.
By entering a Competition, entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including Facebook, Instagram, Snapchat, Twitter and/or Pinterest).
MODIBODI reserves the right to change these terms and conditions. If any changes are made, MODIBODI will publish them on this page.
By entering a MODIBODI competition, you agree to all terms and conditions as stated above.
Vouchers and Coupons
If you are sent a gift voucher we are unable to refund the original monetary amount.
Items bought using store voucher can only be exchanged or refunded through store credit, not through cash, credit card payments, PayPal or Afterpay.If you place an Order for a Product less than the value of a voucher, no refund or residual credit will be returned to you. If the credit of a voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per order.
From time to time we may release vouchers or coupons that may be used on the Site. Vouchers and coupons can only be redeemed on the Site in accordance with the special terms and conditions stated on them.
Vouchers are valid for the specified period stated on them only. Certain Products may be excluded from voucher promotions.
Vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple Products are purchased using a voucher, and one or more Products are returned, the discount is applied on a pro rata basis to each Product for the purpose of establishing refund values.
Promotions
Modibodi reserves the right to run promotions at their discretion and without warning. Coupon promotions can not be combined with other promotions, discounts or offers and excludes gift cards, sale items and bundle packs.
Modibodi cannot retroactively add a coupon or promotion to your order if you miss out or do not apply the correct coupon code.