Terms of Service

THE MODERN BUILDER LIMITED is a company incorporated in England and Wales with company number 15098660, whose registered office is 81 King Street c/o Accounts and Legal, Manchester, England, M2 4AH. References to "we", "us", and "our" should be read as references to The Modern Builder Limited.

We operate an online marketplace through www.themodernbuilder.co.uk, which connects self-builders with relevant parties, design tools, and cost estimation services.

1. Scope of the Service

The Service does not include any contracts to buy/sell land or build on land.
We are not a party to such contracts.
Use of our platform is governed by this agreement only.

2. Agreement Hierarchy

In the case of conflicting documents, this order of precedence applies:

The Registration Process
Any Supplemental Sheets/Addendums
These Terms and Conditions

3. Key Definitions

Account: Your user account with access to the platform.
Agreement: These terms plus any registration or supplemental agreements.
Authorised Users: Yourself or approved employees/agents (business).
Service: The features, tools, and functionality offered on the platform.
Data: Information you or your users provide through the platform.
Confidential Information: Any private or proprietary information exchanged.

(See full terms for all definitions.)

4. Access and Use

Your use must comply with these Terms.
You must not:
- Resell or reverse-engineer the Service.
- Share access credentials.
- Upload illegal or harmful content.
We reserve the right to suspend or terminate access at our discretion.

5. Content Responsibilities

You are responsible for ensuring accuracy, legality, and quality of any content uploaded.
We may remove content that violates this agreement.

6. Data Protection

We comply with the UK GDPR and Data Protection Act 2018.
Our Privacy Policy applies to your use of the platform.

7. Third-party Sites

We may link to external websites.
We are not responsible for external content or purchases.

8. Our Obligations

We will:

Provide the service with reasonable care and skill.
Aim for 24/7 availability (but downtime may occur).
Not be liable for planning permission results, land purchases, or third-party performance.

9. Your Responsibilities

Provide accurate registration information.
Fulfill self-build responsibilities (e.g., site prep, legal compliance).
Keep your network secure and updated.
Ensure authorised users follow these terms.

10. Intellectual Property

We own all IP in the platform, software, and documentation.
You retain ownership of your own non-personal data.
We own usage data collected through the platform.

11. Confidentiality

Both parties agree to protect each other's Confidential Information.
Disclosure is only allowed where required by law or mutual agreement.
Obligations survive for 5 years after termination.

12. Indemnity (Businesses Only)

You will indemnify us against:

Your breach of the agreement.
IP infringement based on your content.
Third-party claims caused by your use of the platform.

13. Limitation of Liability

Consumers: We are liable only for foreseeable loss caused by us.
Businesses:
- We exclude all implied warranties.
- We are not liable for profit, revenue, data loss, or indirect damage.
- Liability capped at £5,000 or 12 months of fees (whichever is greater).

14. Termination

Either party may terminate for material breach or insolvency.
Upon termination:
- Your access ends.
- You must pay any outstanding fees.
- We may delete your data after 30 days.

15. Force Majeure

We are not liable for events outside our control (e.g., natural disasters, wars).

16. Variations

We may update these terms with notice.
If you disagree, you may delete your account.

17. Miscellaneous

No waiver unless in writing.
Unlawful clauses will not affect the rest of the agreement.
Entire agreement replaces any prior understandings.
No partnership or third-party rights created.

18. Notices

Must be in writing via post or email.
Sent to the last known contact information.

19. Governing Law

Consumers: Governed by English law; may bring claims in local UK courts.
Businesses: Governed exclusively by English law and courts.