Terms of Service
Club Modena (hereinafter referred to as “Club Modena”, “we”, “us”, or “our”) is a website analytics and advertising technology business based in Sydney, Australia.
Club Modena offers various services, each described below in section 4 below. The “Monitor” service, “Identify” service and “Prospect” service (collectively referred to as the “Services”) are accessible through “www.clubmodena.com” (the “Website”).
Both “Customer” and “you” refer to you and the entity you represent, for which you affirm that you have the authority to represent, and by accepting these terms, you agree to be bound by them.
By utilizing the Services, you acknowledge your understanding of, and agreement to these Terms of Service (the “Terms”). Your continued use of the Services after any revisions to these Terms constitutes your acceptance of such revisions.
Please review these Terms carefully before using the Services. If you do not agree to these Terms, you are not permitted to use the Services.
1. REGISTRATION PROCESS
To register an account with Club Modena, you must provide accurate and complete registration information, including your full name or company name (as applicable), department, role, and website (domain name). By registering for our Services, you consent to provide your Personal Data in accordance with our Privacy Policy.
If you are an individual, you must be at least 18 years of age (or the legal age in your jurisdiction) to register for our Services.
Upon completion of the registration process, you will receive a confirmation email containing your chosen information to the email address provided.
2. USER ACCOUNT SECURITY
Club Modena’s support staff may occasionally log into the Service under your account to maintain or improve service, including providing technical or billing assistance.
To deactivate your account, please contact us at “hello@clubmodena.com”.
3. THIRD-PARTY SERVICES
Our Services are integrated with certain third-party applications, websites, and services (“Third-Party Services”) to provide content, products, and/or services to you. Your use of these Third-Party Services is governed by their respective terms and conditions and privacy policies. Club Modena is not responsible for the behavior, features, or content of any Third-Party Services.
4. SERVICES
The “Monitor” service utilizes a tracking script to collect data from visitors to the Customer’s website. The “Identify” service provides real-time identification of companies using IP-to-company mapping. The “Prospect” service reveals the decision makers from companies which are discovered during our “Identify” service.
Customers select and subscribe to one of our available Subscription Plans during the registration process. Subscription fees are payable monthly or annually, with automatic renewal periods corresponding to the chosen plan length.
Subscription fees can be paid using the provided payment options. Late payment may result in additional charges in accordance with applicable provisions.
The Subscription Plan will be automatically renewed unless canceled at least 30 days prior to the expiry date. Cancellation requests must be submitted through the Platform.
5. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
Ownership and all intellectual property rights in the Services or any content on the Services, including patents, design rights, copyrights, trademarks, trade secrets, and proprietary know-how, are vested in Club Modena or its licensors. Use of trademarks appearing on the Services is prohibited.
By accepting these Terms, you grant Club Modena the right to use your name, trademark, and/or a hyperlink to your website for providing the Services and for marketing Club Modena products and Services.
6. UNAUTHORIZED USE/NO INTERFACE
You agree not to use any method, device, software, or routine to harm others or interfere with the functioning of the Services. Additionally, you agree not to use the Services for any unauthorized purpose, including posting unlawful, threatening, abusive, harassing, or defamatory content.
7. NO WARRANTIES
The Services and content therein are provided “as is” and “as available”. We make no warranties, expressed or implied, and hereby disclaim any warranty 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. We do not warrant the accuracy, reliability, or results of the content accessible through the Services.
8. EXCLUSION OF LIABILITY
Except in cases of gross negligence or intent, Club Modena shall not be liable for any direct or indirect losses or damages arising from the Services or the use thereof, even if notified of the possibility of such damage.
We do not guarantee the security of information transferred via the Services. Additionally, we are not responsible for the content of third-party websites linked to the Services.
9. CHANGES TO THE SERVICES
You acknowledge that Club Modena may modify the Services, including adding, deleting, or changing features, in its sole discretion. We may be obliged to alter, modify, or reduce the extent of the Services due to legal requirements or governmental decisions, for which we shall not be liable.
10. USE OF PERSONAL DATA
By using our Services, you consent to our collection and use of personal data in accordance with our Privacy Policy.
11. CANCELLATION POLICY
Customers must submit a formal cancellation request by emailing us at “hello@clubmodena.com”.
Upon submission of a cancellation request, customers will receive a confirmation email. Cancellation requests must be submitted in a timely manner to discontinue services.
Club Modena reserves the right to update or modify the cancellation policy at any time.
12. GOVERNING LAW AND DISPUTES
These Terms and the Services are governed by the laws of Australia, excluding its conflict of law rules.
Any dispute arising from these Terms or the Services shall be settled by arbitration administered by the Arbitration Institute of Australia (AIA). The place of arbitration shall be Sydney, Australia, and the language used in the proceedings shall be English.
The Parties agree that all arbitral proceedings will be kept strictly confidential, covering all information disclosed during the proceedings. However, disclosure may be allowed to safeguard rights or if required by law.