TERMS & CONDITIONS
1. WHO WE ARE
1.1 Mudataco Ltd. (“us”, “we” or “our” as context requires) is a UK business providing instant forecasts for users in the construction industry relating to waste generation including quantity, type and cost supplemented by additional data and environmental consultancy services. We are a construction-based business to business service only. We do not offer services for householders or individuals looking for domestic skip hire.
1.2 We are not a waste management services provider, nor are we waste brokers and we have no responsibility for setting or controlling the prices you search for, find or book via our ‘ConstructionWastePortal.com” website. All third party waste services are provided by independent waste management companies or brokers, and are subject to the terms and conditions imposed by those third parties once any commercial agreement between users of the website is reached.
1.3 We accept no responsibility for the failure of any party to comply with relevant national or international legislation relating to waste or other form of environmental management. We reserve the right to withdraw access to use of our website or services to any party prosecuted under environmental statutes for an indeterminate period without recompense of subscription fees.
1.4 Our consultancy services and the “ConstructionWastePortal.com” platform are provided by Mudataco Ltd., a company limited by shares and registered in Scotland with company number SC616638. Our company details including registered office address can be found here or by checking the Companies House website.
2.1 These Terms and Conditions apply to your use of this website. You should print off a copy of these Terms and Conditions for future reference.
2.2 This website is for business users only and not for consumers. You may only use this website for legitimate business purposes.
2.3 By clicking on “By using this site, you agree to our Terms and Conditions” you agree that these Terms and Conditions form a contract between you and us and you will be bound by the terms of these Terms and Conditions.
2.4 We may change these Terms and Conditions from time to time. We will give you notice of any changes by posting those changes on our website. We will not vary any terms and conditions which you previously agreed whilst using this website. However, any amended Terms and Conditions will apply to your use of this website from the date they are posted and if you do not agree with the amended Terms and Conditions, you are entitled to stop using this website at that time.
2.5 These Terms and Conditions refer to the following additional terms, which also apply to your use of our site:
2.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that someone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
3. MUDATACO PROPERTY
All intellectual property rights including but not limited to, copyright (including copyright in computer software), patents, trademarks, business names, logos, design rights, database rights, know-how, trade secrets and rights of confidence in our services including the “ConstructionWastePortal.com” platform (together, the Intellectual Property Rights) are owned by us. You further accept that you have no right to access any of our services or platforms in source-code form. You accept that by using our services or platforms that you do not acquire any right, title or interest in our services or platforms except for the access rights granted to you by us in acceptance of these terms.
4. WASTE SERVICES PROVIDER PRICING AND CREDENTIALS ACCURACY DISCLAIMER
4.1 Your use of our “ConstructionWastePortal.com” platform is entirely at your own risk. The accuracy of prices advertised by waste management companies or waste brokers is entirely their responsibility, and although we request that pricing and service capability is up to date and accurate, we make no representations, warranties or guarantees, whether express or implied, that the content of our site or that prices advertised on our site are accurate, complete or up to date and do not accept any responsibility for the reliability or accuracy of such. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resource.
4.2 It is your responsibility to ensure that all information you supply to us or enter onto this website is complete and accurate, so please double-check your information before submitting it.
4.3 You will need to answer a number of questions in order to compare or obtain a quote for any product or service. These questions are designed to ensure that we and all relevant product or service providers have all of the information necessary to provide you with accurate, appropriate and timely information relating to the products and/or services in which you are interested.
4.4 Price ranges which are “saved” upon completion of a search must remain valid for 30 calendar days. Waste management services providers retain the right to honour or refuse advertised rates should there be significant market changes between rates being “saved” and “bought” e.g. increases in price during a 3-month tender duration. Where a waste management company’s credentials are different from those claimed and displayed by their Star Rating, we ask that you notify us here. We do not provide any advice in relation to any products or services on this website or generated from searches on this website, nor do we provide a recommendation or endorsement of product or service providers.
4.5 If you are purchasing or using a product or service provider's website directly you should also read their terms and conditions. The product or service provider's terms and conditions will cover any transaction or agreement between you and the product or service provider, whereas these Terms and Conditions agreed with us relate only to your use of this website. We do not accept responsibility or liability for the content of any third party website, as this is outside of our control.
4.6 In order to purchase any of the products or services described on our website you must contact the product or service provider. When a price is shown on this website you will also find a direct link to the product or service provider's website. For some products or services you may need to or choose to complete your transaction over the telephone. The product and contact details of the product or service provider are listed on their website(s).
5. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
5.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
5.2 We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
5.3 In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
6. USER PAGE CONTENT, PRIVACY AND USE
6.1 Your user page must only be created in compliance with applicable law and for legitimate purposes. In creating your log-in account and password, you agree that you are responsible for keeping those details confidential and secure. If you become aware or suspect for any reason that the security of your details has been compromised, please let us know here as soon as you can.
6.2 Our services and our “ConstructionWastePortal.com” platform are not intended for use by anyone under the age of 16, and no one under the age of 16 is permitted to provide any personal email or other information on any of our platforms. If we learn that we have collected such information inadvertently, that information will be deleted instantly and the user page will be taken down.
6.3 The following conditions of use apply:
a) Any photographs or logos used in the creation of your user page must be free from any copyright, trademark or intellectual property rights constraints and company logos must only be used with full permission;
b) Photographic content must not be offensive, obscene, defamatory or otherwise objectionable;
c) You must not use our Services or the “ConstructionWastePortal.com” website in a manner which may cause damage of any form to us or bring us into disrepute;
d) You must not attempt to decompile or engineer any of our software or applications, nor must you attempt to access any waste management services providers page for illegitimate purposes;
e) You must not interfere with our systems in a way that could damage, disable, overburden, impair or compromise our systems or their security or that of other users or those external agencies whose websites are linked to ours;
f) You must not introduce or transmit any disruptive code, virus, worm, Trojan horse, authorisation key, license control utility, software lock or any other malicious or false message to or from any of our systems;
g) You will not gather, extract, download, reproduce and/or display or advertise on any other website, other online or off-line service or otherwise, any material on or from this website, including but not limited to information relating to insurance prices, whether that information has been gained by the use of spiders, data mining, trawling or other 'screen scraping' software or system used to extract data; and
h) You must not claim or attempt to claim that any of Our Services or platforms as being the property, product or intellectual property of anyone other than Mudataco Ltd.
6.4 If you breach any of the clauses set out at 6.3 above, we may take such action as we deem appropriate, including denying you access to this website, bringing legal proceedings against you and disclosing such information to appropriate legal and/or regulatory bodies.
7. PAYMENT OF REGISTRATION AND SUBSCRIPTION FEES
7.1 Registration and annual subscription fees must be paid in full via card or invoice at the time of registration or date of renewal. A VAT receipt will be issued to users once payment is received. Registration and subscription fees apply on a “per Company” basis and not per user. When you are within 28 days of the subscription expiring you can “Re-Subscribe”. You can do so by selecting “Re-Subscribe” button. As with the subscription you can pay for your “re-subscription” via invoice or card. The expiry date will then be set 1 year on from your current subscription expiry date.
7.2 There is no automatic renewals functionality as the application does not store card details. Therefore, if your subscription does lapse you will be automatically un-subscribed. The pricing range displayed upon completion of your search reflects the most competitive pricing in that geographic area based on your search parameters. The price range reflects various levels of waste production estimates. When the construction contractor clicks “Accept Rates” they are committing to engage the chosen waste contractor to provide waste management services for the project.Our commission of 2.5% plus VAT of the standard practice level is paid by the waste contractor, paid in full via card or invoice at the point of acceptance prior to contact details for both user parties being released.
8. WASTE DATA ENTRY AND USE
8.1 Upon completion of a project, anonymised project data will be uploaded to allow the forecasting dataset for that geographic area to mature. The only information used will be the first portion of the postcode i.e. AB1 instead of AB1 2CD, the GIFA, project type and the relevant waste data. Neither the commercial value of the project or the estimated waste revenue will be identifiable within the project dataset.
8.2 Additionally, users will have the option to voluntarily upload historic data from previously completed projects in the same way. The same criteria outlined above will apply to this activity. There are no fees for doing so, but you will need to create an account so that we can monitor for rogue or invalid data being entered and for eliminating spamming.
9. WASTE COMPANY SERVICE LEVELS AND CREDENTIALS
9.1 “ConstructionWastePortal.com” is a website and host advertiser which compares the prices and service capabilities on offer from waste management companies and waste brokers across the United Kingdom. We do not offer advice in relation to the prices or capabilities offered to or by website users, nor do we offer preferential treatment, positioning, recommendations or endorsements of any company.
9.2 Your search results will reflect the most competitive price offered by a 5-star waste company to a 1-star waste company, with the star rating reflecting their respective level of capability. Half a star is awarded for each of the following, with star totals of 1.5, 2.5 etc. rounded up to the next whole number:
ISO 9001 accreditation;
ISO 14001 accreditation;
Achilles or Construction Line accreditation;
Membership of the Environmental Services Association or the Resource Management Association Scotland;
Site support or Technical support (WM3);
Waste Transfer Notes linked to invoicing;
Online reporting capability;
PAS402 Reporting; and
System-to-system data transfer capability.
10. YOUR PERSONAL DATA
10.1 We will comply with all applicable data protection legislation from time to time in force in respect of the personal data we collect from you.
11. UPLOADING CONTENT TO OUR SITE
11.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Our Acceptable Use Policy.
11.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in Our Acceptable Use Policy.
11.6 You are solely responsible for securing and backing up your content.
11.7 We do not store terrorist content
12.1 We do not guarantee that our site will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
13. LINKING TO OUR SITE
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3 You must not establish a link to our site in any website that is not owned by you.
13.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
13.5 We reserve the right to withdraw linking permission without notice.
13.6 The website in which you are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy.
13.7 If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.