Terms and Conditions | Modern

Introduction

Please read these terms and conditions carefully before using modernb2b.co operated by Modern Media Limited, Company Number: 07121345 and VAT Number: GB987 0620 91 having our registered office at Modern Media Limited, Unit 3, Green Farm Business Park, Latteridge, BS37 9TS (the “Website”). By accessing or using the Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on the Website from time to time and the Site Policies.

If you have any other queries on how to use the Website, please phone 0117 332 6700 (Lines open Monday to Friday from 09:00 – 5:30). You can also email us with a brief outline of your problem.

Please:

  • Read through these terms and conditions carefully before using the Website.
  • Print a copy for future reference.
  • Read our Privacy Policy and Cookies Policy section on our Site Policies regarding your personal information.

General

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

This Website, any content contained herein and any contract brought into being as a result of usage of the Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

Definitions

‘Conditions’ means these terms and conditions.
‘We/us/our’ means Modern Media Limited.

‘Website’ means the Website located at modernb2b.co or any subsequent URL which may replace it or sit alongside it.
‘United Kingdom’ means England, Wales, Scotland, Northern Ireland and the Channel Islands.
‘You/your’ means a user of the Website.
‘Working days’ mean Monday to Friday (excluding public holidays in the United Kingdom).

Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable 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.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

No licence is granted to you in these Conditions to use any trade mark of modernb2b.co or its affiliated companies.

Website

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.

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.

We reserve the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. change these Terms and Conditions and the Site Policies from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions and Site Policies have been changed.

 

Liability and Indemnity

Notwithstanding any other provision in the Terms and Conditions, nothing in these Terms and Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

  1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  2. any loss of goodwill or reputation; or
  3. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Terms and Conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.

Force Majeure

We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.

Privacy Policy

In order to monitor and improve customer service, we sometimes record telephone calls.

You can find full details of our Privacy Policy in the Site Policies and Cookie Policy on the Website.

Third Party Rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

External Links

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
1.1. the privacy practices of such websites;
1.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
1.3. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Governing Law and Jurisdiction

The Website is controlled and operated in the United Kingdom.

The Terms and Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

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