Terms and conditions

Effective Date: 25/01/2019 

  1. Introduction
  1. Definitions
    • Capitalised terms have the following meanings in these terms and conditions:
      1. “App” – the “Modified” app and any related services.
      2. “Applicable Laws” – applicable laws, regulations and codes of conduct.
      3. “Appstore” – the app store from which you download the App.
      4. “Appstore Rules” – any applicable rules, policies, terms of the relevant Appstore.
      5. “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
      6. “Content” – all information of whatever kind (including Listings, posts, comments, reviews, blogs, chat, images, photos, audio, video, published, stored or sent on or in connection with our App.
      7. “Customer” – a User who uses our App with a view to buyi.ng Goods.
      8. “Goods” – Goods sold or offered for sale via our App
      9. “Listing” – any listing of Goods on the App.
      10. “Sale Contract” – contract for the sale or supply of Goods.
      11. “Seller” – a User who uses our App with a view to offering Goods for sale
      12. “User” – persons or organisations using our App (whether or not registered with us).
  1. Changes to the terms and conditions
    • We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective and/or by giving at least 14 days’ notice by email, SMS or in-app message. You will be bound by the revised agreement if you continue to use our App following the effective date shown.
  1. Use of our App
    • We grant you a limited personal non-transferable right to use our App on any applicable device owned or controlled by you in accordance with the Appstore Rules and subject to these terms and conditions.
    1. we otherwise reasonably consider to be inappropriate;
    2. publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
    3. impersonate any person or entity for the purpose of misleading others;
    4. sell access to the App;
    5. use the App with a view to providing a similar service to third parties or otherwise with a view to competing with us;
    6. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
    7. use the App for junk mail, spam, pyramid or similar or fraudulent schemes;
    8. do anything which may have the effect of disrupting the App;
    9. do anything which may negatively affect other Users’ enjoyment of the App;
    10. gain unauthorised access to any part of the App or equipment used to provide the App; or
    11. attempt, encourage or assist any of the above.
  1. Very Important
    • Our App constitutes a neutral platform whereby Sellers can offer and sell Goods to Customers. Any Sale Contract is between the Seller and the Customer concerned despite the fact that we supply services to the parties in connection with the Sale Contract. We are not a party to the Sale Contract. 
  1. Your Content 
    • You are responsible for your Content.
  1. Content of other Users
    • Before acting on Listings or other Content posted by other Users, you must make your own appropriate and careful enquiries including as to their accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any such Content. You must take appropriate professional or other advice.
  1. Third party services / advertising / websites
    • We may use third party-provided services or display third party advertising within our App and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
  1. Guidance by us
    • Any guidance or similar information which we ourselves make available on our App is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
  1. Your account
    • You must not create more than one account on our App. Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use it. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
  1. Cancellation or suspension
    • You may at any time cancel this agreement by emailing us at support@modifiedapp.co.uk from the email address linked to your account and ask us to deactivate your account
  1. Functioning of our App 
    • We do not guarantee that the App will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
  1. Liability
    • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
  1. damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement.
  2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  1. We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  1. Intellectual property rights
    • All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the App are our intellectual property or that of our partners or other Users. For the purposes of your personal use only, you may view such material on your device. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
  1. Privacy
    • You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time. You can find our policy by visiting our website; modifiedapp.co.uk
  1. Legal compliance
    • In connection with the App, you promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  1. Events outside our control
    • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
  1. Transfer
    • We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  1. English law
    • These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is info@modifiedapp.co.uk
  1. General
    • We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. (Where Apple Inc is the Appstore, Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.) The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
  1. Complaints
    • If you have any complaints, please contact us via the contact details shown below.
  1. Company information
    • Company name: Armitage Media Limited trading as “Modified”
    • Country of incorporation: England and Wales.
    • Registered number: 09904059
    • Registered office and trading address: The Masters House, 92a Arundel Strret, Sheffield, South Yorkshire, England, S1 4RE
    • Other contact information: See our website.
    • VAT number: 227 8425 92

Version 1.0

ADDENDUM APPLICABLE ONLY TO SELLERS

  1. Your Listing
    • We reserve the right in our discretion without notice to edit the text or layout of Listings and to locate or relocate Listings to the extent that we think fit including editing or removal of Content which does not meet our quality or other requirements.
  1. Your dealings with Customers
    • It is your responsibility to ensure that any terms and conditions that you wish to include as part of the Sale Contract are duly incorporated into the Sale Contract and also that you comply with any Applicable Laws in connection with the Sale Contract. You should take legal advice if appropriate.
  1. Payment 
    • We are entitled to charge you our commission fee which shall be the percentage specified by us when you set up your account with us as applied to gross payments by Customers (i.e. including VAT and delivery charges). Such commission together with any applicable VAT may be deducted from your account with our payment provider and paid to us.