MODERN METHODS CONSTRUCTION CENTRE LTD
TERMS & CONDITIONS
1 INFORMATION ABOUT US
1.1 www.mmccentre.com (the "Website") is a site operated by the Modern Methods Construction Centre Ltd (“MMC Centre Ltd”, "we", "us"). Our trading address is at Modern Methods Construction Centre Ltd, PO Box 1082, Appleton, Warrington, Cheshire WA4 9HT.
1.2 Please also refer you to our Privacy Policy.
2. APPLICATION OF TERMS AND CONDITIONS
2.1 These terms and conditions set out the basis on which the user ("you") can use the website and on which we supply any of the products listed on the website (the "Products"). Please read them carefully as they contain important information.
2.2 By using the website you confirm your agreement to our terms and conditions, including our Privacy Policy. If you do not agree to these terms and conditions, you should cease to use the website immediately. You are authorised to view and download the website for your personal use only.
2.3 All other terms and conditions, express, implied or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect your statutory rights.
3. REGISTRATION
3.1 You warrant that the information which you provide as prompted by the website's registration form ("Registration") to register is true, accurate, current and complete. You shall maintain and promptly update the Registration Data and notify us of any changes to your user profile to keep it true, accurate, and complete. All personal data which we collect will be treated in accordance with our Privacy Policy.
3.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
3.3 You are fully responsibile for maintaining the security and for keeping confidential your username and password and you shall be fully responsible for all activities that occur under your username and password, whether by you or by anyone else using your account.
3.4 You agree to inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your username and password and until we are so notified you will remain liable for any unauthorised use of your account.
4.0 WEBSITE LISTING
4.1 Registration is Free
4.1.1 If you wish to have unrestricted use of the website and access to services which we deem are accessible on payment of a fee, you will be required to register with us and pay the appropriate fee notified to you via the website.
4.2 Profile Listings
4.2.1 You can create and maintain your own company profile within the Modern Methods Construction Centre Ltd website.
4.2.2 If you have already registered, you may wish to update your profile
4.3 STANDARD PROFILE - Free
4.3.1 A standard profile allows you to add your
- Company name
- Company Address & Contact Details
- Company overview (200 words)
- Select one category from the Supplier directory
4.3.2 A standard profile allows you to add your company contact details to one category on MMC Centre Ltd website. This is a two-step process. You will be required to register first of all. You will then be sent an email with your registration details and password, which you will require to edit your profile.
4.3.3 Any changes to your profile will be screened before being published. This process normally takes 24 - 48 hours.
4.4 ENHANCED VALUE PROFILE- £299 (+ VAT) per annum
4.4.1 An enhanced value profile allows you to add your:
- logo (150 pixels by 150 pixels maximum)
- company web address with a link to your website
- Company overview (200 words)
- product information (200 words)
- product image (250 pixels by 250 pixels)
- a brief case study to demonstrate the use of your products (including an image)
You can also add your company to all the relevant categories on the MMC Centre. Your company will be listed, with other enhanced listings, at the top of all the relevant categories.
An enhanced listing is subject to an annual subscription of £299.00 plus VAT per year
4.4.2 An enhanced listing is subject to an annual subscription fee.
4.5 ADVERTISE (Home Banner & Sector Banner)
4.5.1 MMC Centre Ltd operates a banner advertising system whereby you can choose to sponsor one or more categories. Advertising banners are displayed on a rotational basis.
4.5.2 You will be required to supply a full banner measuring no more than 468 pixels wide by 60 pixels high.
4.5.3 You will be able to manage the advertising campaign for your company on-line.
4.5.4 Advertising banners are subject to an annual subscription
4.5.5 Costs for Banner Advertising is as follows:
Home Banner: Home page & all categories - £720 (+VAT) per annum
Sector Banner: Appears only in your chosen category - £480 (+VAT) per annum
5. ORDERS
5.1 All orders for Standard and Enhanced Profiles and Advertising shall be pursuant to these terms and conditions.
5.2 You place the order for your Products on the Website by pressing the "Confirm" button. You are able to correct errors in your orders up to that stage in the ordering process. You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
5.3The fee(s) shall be payable immediately on the date of our acceptance of your registration (which we shall notify you of via e-mail) and shall, at our sole discretion, be non-refundable. Where you wish to pay the fee by credit or debit card, you hereby confirm that you are the owner, holder and authorised user of the credit or debit card specified by you on our registration form and you agree that we are authorised to take payments from your account as and when they become due. You further agree that this authorisation will remain in effect until you revoke it in writing to us.
5.4 An order submitted by you shall be deemed to be accepted by us when your payment transfer has been accepted.
5.5 Where you wish to pay by invoice, we shall issue an invoice on our acceptance of your registration. All such invoices are payable within 28 days of the date of the invoice.
5.6 At the end of the period for which the fee was payable, we shall send you a renewal notice and this agreement will be renewed when you purchase a further subscription through the website.
5.7 Should you be in breach of any other contract you have with us, we are entitled to terminate the Contract immediately and without notice; and in such circumstances we will have no obligation to fulfil any existing obligations to you under the Contract.
5.8 We are entitled to refuse any order placed by you and will not be required to provide an explanation.
6. RISK AND TITLE
6.1 Access to create and maintain your own company profile within the Modern Methods Construction Centre Ltd website will only pass to you when we receive full payment of all sums due in respect of all of the Products ordered by you.
7. CONSUMER RIGHTS
7.1 You may cancel an Order at any time within seven working days. If you wish to cancel your order, you must notify us in writing of your intention to cancel within seven working days after our acceptance of your registration. Upon receipt of such notification, we shall refund the order fee and terminate your account with us.
8. PRICE AND PAYMENT
8.1 The price of the Products will be in Sterling as quoted on our site from time to time, except in cases of obvious error. If we discover an error in pricing we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. Where payment has been taken in respect of an order, a refund will be issued in respect of any overpayment made by you.
8.2 We are under no obligation to provide you with a Product at an incorrectly advertised price which is lower than the correct price for the Product, if the price is obvious and could have reasonably been recognised by you as error in pricing.
8.3 All fees payable are exclusive of VAT, which will be added to the total amount due as set out in our Costs Guide, and all fees including VAT shall be paid in full without deduction or withholding.
8.4 We reserve the right to change the price of the Products and billing methods at any time. We shall notify you of all such changes at your renewal date and your continuing use of the website and our products and services will constitute acceptance of such changes. We reserve the right to terminate your account immediately without further notice if you do not accept any such changes or fail to pay our invoices. Changes in price will not affect orders which have already been accepted.
8.5 Payment for all Products should be by credit or debit card. Your credit or debit card will not be charged until we notify you via e-mail of our acceptance of your registration. By placing an order you consent to payment being charged to your credit/debit card account as provided on the order form. Alternatively, you may pay by cheque made payable to Modern Methods Construction Centre Ltd but this will delay your listing on the website.
8.6 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer through the PROTX system, which we use to process payments on the Website. If the issuer of your payment card refuses to, or for any reason does not authorise payment to us we will not provide the Products you have ordered, nor process your order. We will not be liable for any delay or non-delivery of Products in these circumstances.
9. DELIVERY
9.1 It is your responsibility to ensure that your company details, contact, website and e-mail address details are correct.
9.2 Any dates quoted for provision of the Products are approximate only and we shall not be liable for any delay in providing access to enable you to create and maintain your own company profile within the Modern Methods Construction Centre Ltd website however caused.
9.3 We aim to provide access to enable you to create and maintain your own company profile within Modern Methods Construction Centre Ltd website immediately once you have placed your order.
9.4 If you order Products from outside the UK, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. You should contact your local customs office for further information before placing your order.
9.5 Please also note that you must comply with all applicable law and regulations of your country. We will not be liable for any breach by you of any such laws.
9.6 If we fail to provide Products you have ordered in the 30 days following the date accepted, we will inform you that we are unable to complete the order, and will reimburse you any sums you have paid in respect of your order. Such reimbursement will contribute our entire liability arising out of our inability to supply the Products.
10. CANCELLATION OF PRODUCTS
10.1 We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the date we receive your notice of cancellation of Products or the date we confirmed to you via email that you were entitled to a refund.
11. LIMITATION OF LIABILITY
11.1 This website contains information about Modern Methods Construction Centre Ltd and our advertisers and is for general information purposes only. Whilst we endeavor to keep the information up-to-date and correct, no warranty is given or implied as to the accuracy, completeness, reliability or suitability with respect to the website or the information, services and products contained on the website for any purpose. Potential customers wishing to have a website listing should contact MMC Ltd to confirm up-to-date information relating to MMC Ltd only. Enquiries regarding other website links should be sent to the relevant website advertiser.
11.2 Visitors to MMC Centre Ltd website who rely on the information contained in our website or any part of it do so at their own risk. We accept no liability in respect of any loss or damage suffered as a result of any visitor’s reliance on any information placed on our website by any third party.
11.3 You agree to release, indemnify and hold harmless MMC Centre Ltd, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this website.
11.4 Under no circumstances will MMC Centre Ltd be liable for any losses or damage arising from the use or inability to use this website or its contents, for any loss of income or revenue, loss of business, loss of opportunity, loss of profits or contracts, deterioration of goodwill or injury to reputation and like loss, loss of anticipated savings, loss of data, disaster recovery costs, administrative costs, or for losses suffered by third parties; or any indirect, consequential loss, special or exemplary damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if such loss was reasonably foreseeable, known or otherwise or MMC Centre Ltd had been advised of the possibility of the same.
11.5 MMC Ltd does not warrant that functions contained in the website content will be uninterrupted or error free, or that any downloads will be free of viruses. MMC Ltd does not warrant that defects in the website will be corrected, or that the website or the server that makes it available are free of viruses or bugs.
11.6 Nothing in these terms limits or excludes your statutory rights within the United Kingdom where you deal as a consumer.
12. WRITTEN COMMUNICATIONS
12.1 By using our website, you accept that communication will be mainly electronic. We may contact you by e-mail and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.2 Correspondence should be sent to us at info@mmccentre.com. We may reply to you at either the e-mail or postal address you provide to us when placing an order. Correspondence will be deemed received and properly served immediately after an e-mail is sent, or three days after the date of posting of any letter. In proving the serving of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the recipient’s specified e-mail address.
13. COPYRIGHT & INTELLECTUAL PROPERTY
13.1 The Website content is protected by copyright, The trade marks, logos, and service marks ("Marks") displayed on the website are the property of MMC Centre Ltd or other third parties. You are not permitted to use the Marks without the prior written consent of MMC Centre Ltd or such third party that may own the Marks.
13.2 Subject to this clause and the other obligations upon you contained in these Terms, you may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited.
13.3 MMC Centre Ltd does not warrant that your use of any intellectual property posted on the website will not infringe any third party property rights.
14.CONTRIBUTIONS TOTHE WEBSITE
14.1 Where you submit any contribution to the website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant MMC Centre Ltd a royalty-free license to use your contribution on our website or in any other manner as MMC Centre Ltd considers appropriate. MMC Centre Ltd may remove your contribution at any time without notice to you.
14.2 You warrant that your contribution;
14.2.1 is your own original work or that you have the right to make it available to MMC Centre Ltd for the purposes specified above
14.2.2 is not unlawful, including without limitation defamatory, blasphemous or obscene
14.2.3 does not infringe any third party privacy, intellectual property, contractual or other proprietary right.
14.3 You will indemnify MMC Centre Ltd against all losses, damages and other expenses that may be incurred by MMC Centre Ltd as a result of your breach of the above warranty.
15. THE WEBSITE
15.1 The Website is intended normally to be available at all times. MMC Centre Ltd will not be liable for any failure to achieve this level of availability.
15.1 MMC Centre Ltd will not be liable or responsible for any failure or delay to provide our website services caused by events outside our reasonable control including, Force Majeure Events.
15.2 The website includes descriptions of Products sourced from third parties. Whilst we will attempt to ensure that the advertiser’s company details available on the website at any time are correct, it is the responsibility of the advertiser to ensure that all Product descriptions and prices are accurate and true, and MMC Centre Ltd will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
15.3 All details, descriptive matter and specifications of the Products on the website are for the sole purpose of giving an approximate description of the Products only.
15.4 Whilst we shall endeavour to ensure this website is available 24 hours a day, the website may be suspended temporarily and without notice outside our control and in circumstances of system failure, maintenance or repair and for other reasons. We cannot accept liability if for any reason it is unavailable for any period of time.
15.5 You agree MMC Centre Ltd may, in its sole discretion, at any time terminate your access to the website. We may also change, suspend or discontinue any aspect of the website, including the availability of any features, information, database or content or restrict access to parts or all of the website without notice or liability.
15.6 If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, we have the right to suspend or terminate your account and refuse any and all current or future use of the website.
15.7 You agree to use the web Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
16. LINKS TO OTHER WEBSITES
16.1 MMC centre Ltd website provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of MMC Centre Ltd which you may wish to visit. We have not attempted to verify their truth or accuracy and do not review or endorse those websites and have no control over their content. We do not accept any responsibility for them or their content and you access any such links entirely at your own risk.
16.2 These sites may independently send you cookies and collect data and information. MMC Centre Ltd is not responsible for and does not accept any liability for their actions.
17. LINKS FROM OTHER WEBSITES
17.1 Registered members, advertiser, sponsors and partner organisations of MMC Centre Ltd can link to this website by linking directly to the initial home page. Persons providing access to this website via a link from a third party website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services available through the source web site.
17.2 Under no circumstances will MMC Centre Ltd be liable for links from other websites and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website homepage at any time and for any reason.
17.3 Anyone providing links to this website, whether by link or otherwise, is responsible for bringing our Terms of Use to the attention of the users. We will not liable for their failure to do so.
18 JOB ALERTS
18.1 Registered members, sponsors, advertisers, partner organisations, etc and users on this website are responsible for ensuring that material submitted for inclusion in this website complies with all relevant laws and regulations.
18.2 This website acts as a venue for both jobseekers and employers to post job searches and opportunities for candidates respectively. We do not screen or censor the listings offered and have no control over the accuracy of the listings or get directly involved in the actual transaction between employers and candidates and therefore we do not accept liability in respect of any loss or damage suffered as a result of any users’ reliance on any information placed on our website by any third party. You acknowledge therefore that any reliance on material posted by other users on this website will be at your own risk and you accept all risks associated in dealing with other such users.
18.3 In the event that you have a dispute with one or more users, you agree to release us, indemnify and hold harmless MMC Centre Ltd, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with such disputes.
19. OBLIGATIONS AND RESTRICTIONS
Your use of and activities upon the website must not:
19.1 be false, inaccurate or misleading;
19.2 infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
19.3 be fraudulent;
19.4 be in breach of any applicable laws or regulations, licences or third party rights;
19.5 interfere in any way with the proper working of the website and, in particular, you must not circumvent security, tamper with, hack into or disrupt the operation of the website or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998; and
19.6 cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement and understanding between us in respect of the matters referred to herein and shall, except in the case of fraud, supersede, and no reliance shall be placed upon, any prior agreement, understanding or arrangement between us, whether oral or in writing in respect of the subject matter of these terms and conditions.
20.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.2 We reserve the right to revise and amend the website information (including, without limitation, these Terms and Conditions) at any time and you are required to read the current information each time you access the Website and you accept the updates if you continue to use the website after variation.
22.3 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable in whole or in part, the remaining terms and conditions shall continue to be valid as to all other provisions and the remainder of the affected provision.
22. LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.