Terms & Conditions

MOD Central UK

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: United Kingdom

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to MOD Central LLP, 27 Market Street Hoylake Wirral CH47 2BG.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Service refers to the Website.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to MOD Central, accessible from https://modcentraluk.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

 

Acceptable Use Policy

  1. Introduction

 

  1. Together with our website terms and conditions of use, this Policy governs how you may use this website (the Site), which is provided by us free of charge.

 

  1. References in this Policy to the Site includes the following websites and all associated subdomains and web pages:

 

www.modcentraluk.com, modcentraluk.com

 

  1. You should read this Policy carefully before using the Site.

 

  1. By accessing or using the Site or otherwise indicating your consent, you agree to use the Site in accordance with this policy and the documents referred to within.

 

  1. If you do not agree with or accept any of this Policy, you should stop using the Site immediately.

 

  1. If you have any questions about the Site, please contact us by using the following e-mail address: 

 

  1. Definitions:

 

  1.  “Policy” means this acceptable use policy and any other policies or documents supplemental to or herein contained;
  2.  “Site” means the following websites and all associated subdomains and web pages:

www.modcentraluk.com, modcentraluk.com

   III. “Content” means any text, images, video, audio or other multimedia content, software or    other information or material submitted to or on the Site;

  1. “We”, “us” or “our” means MOD CENTRAL LLP  (company registration number OC435358) the registered office of which is at:

Shift Works Suite 18, 27 Market Street, Hoylake, Wirral, CH47 2BG

  1. “You or your” means the person accessing or using the Site or its Content.

 

  1. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Policy, at any time. It is your responsibility to check this Policy periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  

 

  1. Scope of Policy
  1. You and all users of the Site (including any staff, employees and any other persons connected to MOD CENTRAL LLP) are bound by the provisions of this Policy and any other applicable policies alongside the Terms and Conditions of Use of the Site.
  2.  We seek to promote, encourage and facilitate the safe, constructive and robust use of the services and Content of the Site in the interest of you and all other users of the Site. This shall require and be dependent upon the appropriate and legal use of the technologies, facilities, services and Content made available to you and all others of the Site. 

 

  1. Acceptable Use of the Site

 

  1. The Site is for your personal and non-exclusive use only. As long as you comply with this Policy and the Terms of Use MOD CENTRAL LLP grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
  2.  The Site is primarily to be used for the following:

To provide a platform where car enthusiasts and automotive companies can co-exist.

  1.  Use of the Site in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Site.
  2. Restrictions:
  1.  As a condition of your use of the Site, you agree:
  1.  not use the Site for any purpose that is unlawful under any applicable law or prohibited by this Policy or our website terms and conditions of use;
  2.  not access the Site in any manner that is prohibited by this Policy or our website terms and conditions of use;
  3.  not to use the Site to commit any act of fraud;
  4.  not to use the Site to distribute viruses or malware or other similar harmful software code;
  5.  not to use the Site for purposes of promoting unsolicited advertising or sending spam;
  6.  not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  7.  not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
  8.  not to use the Site in any manner that harms minors;
  9.  not to promote any unlawful activity;
  10.  not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  11.  not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
  12.  not to attempt to circumvent password or user authentication methods; and
  13.  to comply with the provisions relating to our intellectual property rights and software contained in our website terms and conditions of use. 

 

  1. Using our trademarks, logos or trade names
  1. You may only use our trademarks, logos or trade names with our prior written permission. Any other use is prohibited.
  2.  In the event that you are given such permission you may only use our trademarks, logos or trade names in accordance with the strict limits of such permission and any guidelines imposed by us.

 

  1. Disputes

 

  1.  We will try to resolve any disputes with you quickly and efficiently.
  2.  If you are unhappy with us please contact us as soon as possible.
  3.  We shall always endeavour to resolve any problem or issue that may arise between you and us as efficiently and smoothly as possible, however where this is not possible and you wish to raise a formal complaint, we can be contacted in the following ways:
  1.  by post at the following address: 

Shift Works Suite 18, 27 Market Street, Hoylake, Wirral, CH47 2BG

  1.  by email using the following email address: 
  2.  by phone using the following number: 
  1.   We shall always aim to remedy your complain immediately. Where such remedy is not available immediately we shall acknowledge receipt of your complaint in writing within 21 working days of the complaint being made. Where your complaint concerns services provided by us through the Site we shall aim to give you our response within 30 days after the complaint has been received by us. Where the complaint relates to exceptional circumstances which are beyond our control, such circumstances include but are not limited to: internet service provider failure; power failure; acts of God; pandemic; epidemic; fire; flood; droughts; storms; civil unrest; collapse of buildings; earthquakes; explosion; accidents; acts of war or terrorism; or any law or actions taken by government or public authorities or any other event that is beyond our control we shall aim to respond to your complaint within a maximum of 30 working days of the complaint being made. If your complaint does not relate to any service provided by us through the Site we shall aim to provide a response to your complaint within 3 weeks of the complaint being made and where we shall take longer than 3 weeks we shall inform you of this. 
  2. If you and we cannot resolve a dispute using our complaint handling procedure, we will. 
  1.  let you know that we cannot settle the dispute with you; and
  2.  consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.  
  1. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
  2. Relevant United Kingdom law will apply to these Terms.

This policy is up to date as of: 26th August 2021

 

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