Terms & Conditions.
1. Agreement to terms and conditions
Acceptance of Terms and Conditions
The website moderaconstructions.co.uk ("the website") is owned and operated by Modera Constructions Ltd. References to "we", "us", or "our" are references to Modera Constructions Ltd. We are a company registered in England and Wales (company number 12179419), our VAT number is XXX XXX XXXX and our registered office and address for correspondence is:
Modera Constructions Ltd
1st & 2nd Floor
138 South Street
Romford
RM1 1TE
Use of Website
Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
Statutory Rights
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 19th May 2021.
Other applicable terms
In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions.
2. Interpretation
In these terms and conditions:
"we" means Modera Constructions Ltd; and
"you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Website use
You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 4.1.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at info@moderaconstructions.co.uk
4. Intellectual Property Rights
Website
All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
"User Material" refers to all information and content that a user submits or enters to the website (including text, files, images, photos, video, sounds and musical or literary works). If you provide us with any feedback, reviews, suggestions, ideas or information (including your User Material) regarding the website or our service ("Feedback"), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
External Links
From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
5. Availability of website
5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.
6. Warranties and representations
You warrant and represent to us that:
you are legally capable of entering into binding contracts;
you have full authority, power and capacity to agree to these terms and conditions;
7. Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8. Assignment
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
9. No Waivers
9.1 No breach of any provision of a contract under these Terms and Conditions will be waived except with the express written consent of the party not in breach.
9.2 No waiver of any breach of any provision of a contract under these Terms and Conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
10. Severability
10.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
10.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. Third party rights
A contract under these Terms and Conditions is for our benefit and yours and is not intended to benefit or be enforceable by any third party except where a third-party acts on our behalf at our request and with our express written consent.
The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.
12. Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes relating to these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13. Statutory and regulatory disclosures
We will not file a copy of these Terms and Conditions specifically in relation to each user or customer. We recommend that you consider saving a copy of these Terms and Conditions for future reference.
These Terms and Conditions are available in the English language only.
14. Contacting us
If you have any questions or concerns about our terms & conditions, or about any part of our service we are always happy to help.
You can: email us: info@moderaconstructions.co.uk or write to us at:
Modera Constructions Ltd
1st & 2nd Floor
138 South Street
Romford
RM1 1TE
If you have been in touch and are unhappy with our final resolution, you can refer your complaint to an Alternative Dispute Resolution ("ADR") provider. Although we have no obligation to use an ADR provider, you can call the UK ADR Helpdesk on 03454 04 05 06 for further assistance.
Alternatively, you can refer the complaint to the EU Commission's Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/odr