1. About these terms
These Website Terms of Use apply to the MOD5 website at mod5.com.au and associated MOD5 web pages. MOD5 is a registered business name of Division 22 Pty Ltd (ABN 85 670 745 838). References to “MOD5”, “we”, “us” or “our” mean Division 22 Pty Ltd trading as MOD5.
By using the website, you agree to these terms. If you do not agree, do not use the website.
2. Wholesale information and enquiries
MOD5 supplies automotive film and related products to professional installers and other eligible trade customers. The website provides wholesale product information, technical resources and enquiry facilities. It does not provide private vehicle installation bookings, accept online payments or complete product orders online.
Submitting an enquiry, trade-access application, sample request or Founding Installer application:
- does not create a supply contract;
- does not guarantee trade approval, stock availability, pricing or delivery;
- does not reserve products;
- does not require MOD5 to make or accept an offer; and
- does not appoint the applicant as an authorised representative, agent or exclusive installer.
A supply contract is formed separately through an accepted quotation, invoice, approved account arrangement, written order confirmation or other written acceptance by MOD5.
3. Product and technical information
We take reasonable care when preparing product descriptions, specifications, technical resources and other website content. However, product ranges, specifications, appearance, availability and supporting documentation may change; images may not reproduce colour, finish or scale exactly; and performance can depend on product selection, substrate, vehicle, preparation, installation, maintenance, environment and use.
Technical resources are general information and are not a substitute for current product instructions, professional assessment or applicable legal requirements. You must check current product documentation and confirm suitability before ordering, recommending or installing a product. Do not rely on superseded, archived or third-party information.
We do not make performance claims beyond those expressly published or included in an accepted transaction document.
4. Installer and trade-customer responsibilities
Installers and trade customers are independent businesses. They are responsible for:
- assessing product suitability for the intended vehicle, surface and application;
- following current storage, preparation, installation, curing, maintenance and removal instructions;
- maintaining appropriate training, equipment, licences and insurance;
- complying with vehicle, glazing, road-use, workplace, consumer and other applicable laws;
- making accurate representations to their customers;
- providing their own quotations, invoices and workmanship warranties; and
- managing their own customer relationships.
Nothing on the website creates an employment, partnership, franchise, agency or joint-venture relationship between MOD5 and an installer or trade customer.
Vehicle-film requirements may differ by jurisdiction and application. The installer and vehicle owner must confirm the requirements that apply to the proposed installation. Any specific limitation stated on a product page or technical document must be observed.
5. Quotations, orders and supply terms
Website content is not a binding offer to supply. Prices shown on trade materials are subject to confirmation. Unless expressly stated otherwise, wholesale prices exclude GST, freight and installation.
Accepted orders are governed by the quotation, order confirmation, invoice, account arrangement and MOD5 Wholesale Supply Terms supplied or incorporated before the transaction is accepted.
If website information conflicts with a specific written transaction document, the accepted transaction document applies to that transaction, subject to applicable law.
6. Acceptable use
You must not:
- use the website unlawfully or fraudulently;
- submit false, misleading, defamatory, infringing or malicious material;
- impersonate another person or business;
- attempt to gain unauthorised access to the website, private inbox or related systems;
- introduce malware or interfere with website availability or security;
- scrape, reproduce or commercially exploit website content without permission; or
- use MOD5 content or branding in a way that falsely suggests endorsement, appointment or affiliation.
We may restrict access reasonably necessary to protect the website, other users or MOD5 systems.
7. Intellectual property
Unless otherwise stated, the website and its text, graphics, branding, photographs, technical resources and design are owned by or licensed to MOD5.
You may view, download or print a reasonable amount of website content for legitimate product evaluation, installer training or customer education connected with MOD5 products. You must not materially reproduce, modify, republish, sell or distribute website content, or remove ownership notices, without prior written permission.
Use of MOD5 branding by an approved trade customer is subject to any separate brand or installer guidelines provided by MOD5.
8. Third-party links and services
The website may link to third-party websites, platforms or resources. Those services are controlled by their operators and are subject to their own terms and privacy practices. A link does not by itself mean that MOD5 endorses the third party or accepts responsibility for its content, security or availability.
9. Website availability
We aim to keep the website accurate, secure and available, but do not guarantee uninterrupted or error-free operation. We may reasonably maintain, update, suspend or withdraw website features. Changes to the website do not change an already accepted supply contract unless the parties agree in writing or the applicable contract permits the change.
10. Liability and non-excludable rights
Nothing in these terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded or limited, including rights that may arise under the Australian Consumer Law.
To the extent permitted by law, MOD5 is not liable for indirect or consequential loss arising solely from:
- temporary website unavailability;
- unauthorised or unlawful use of the website by another person;
- reliance on general website information without checking current product documentation or suitability; or
- third-party websites or services outside MOD5’s control.
This limitation does not apply to the extent loss was caused by MOD5’s negligence, wilful misconduct, breach of an applicable non-excludable obligation or misleading representation.
11. Privacy
Our Privacy Policy explains how we collect, use, disclose and protect information associated with the website and trade enquiries. Submitting an enquiry authorises its use for assessing and responding to that enquiry. It does not, by itself, authorise unrelated direct marketing.
12. Changes to these terms
We may update these terms prospectively when the website, business or applicable requirements change. The version published when you use the website applies to that use. An update does not retrospectively change an accepted supply contract unless the parties agree or applicable law permits the change.
13. Governing law
These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.
14. Contact
Division 22 Pty Ltd trading as MOD5
ABN 85 670 745 838
12 Fink Street
Williamstown North VIC 3016
Australia
Email: info@mod5.com.au
Phone: 0430 090 692