Website Terms and Conditions 2024
Information about Casa by Moda
Moda Living Ltd ("We", "Casa by Moda" and “Moda Living”); is a Company registered in England and Wales under registration number 09109087.
The registered office is Castlegarth Grange, Scott Lane, Wetherby, LS22 6LH.
Our VAT number is 518385821.
Terms of website use
The website www.casabymoda.com is operated by Moda Living. Please read these terms of use carefully before you start to use the website. By using our website, you indicate that you accept these terms of use and those covered within our GDPR Privacy Policy. If you do not agree to these conditions, please refrain from using Casa by Moda's website.
Reliance on information posted & disclaimer
The content on our website is provided for general information purposes only and does not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
Moda Living Ltd and Casa by Moda do not accept any responsibility for any loss which may arise from accessing, or reliance on, the information on this website and to the fullest extent permitted by English law, we exclude all liability for loss or damages directly or indirectly arising from use of this website.
Accessing our website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if, for any reason, our website is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Casa by Moda website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on the website for commercial purposes without obtaining a licence to do so from Moda Living or our licensors. If you print off, copy or download any part of our website in breach of these terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Website changes
Moda Living aims to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:- loss of income or revenue;- loss of business;- loss of profits or contracts;- loss of anticipated savings;- loss of data;- loss of goodwill;- wasted management or office time;- and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.Information about you and your visits to our website
Moda Living process information about you in accordance with our privacy policy. By using our website, you consent to such processing, but have the right to withdraw your consent at any time and you warrant that all data provided by you is accurate.
Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website 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 website will cease immediately.
Moda Living will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
Links from Casa by Moda’s website
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Moda Living has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website.These terms of use, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
Trade marks
Moda Living A Design For Life & Device is a UK registered trade mark with registered trade mark number UK00003081315 of Moda Living Limited.
Variations
Moda Living may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.
Your concerns
If you have any concerns about material which appears on our website, please contact us by email or by post: The Compliance Manager, Moda Living Ltd, Central House, Beckwith Knowle, Otley Road, Harrogate HG3 1UG. Telephone 01423 560200 or at [email protected].
Thank you for visiting the Casa by Moda website.
Read our pet policy here.
Read our Modern Slavery and Human Trafficking statement here.
Cookies:
Moda uses cookies to personalise content and adverts, to provide social media features and to analyse visitor traffic. Cookies are a string of information that the website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Those website visitors who do not wish to have cookies placed on their computer should decline when the website prompts, however the Moda website will still add a single cookie.
Moda may also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Moda also uses cookies for technical purposes, this includes allowing the website to perform certain functions, and for performance purposes, in order to collect information on how you interact with the website which can then be used to improve the website’s functionality.To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
The Casa by Moda website uses the following cookies:
Performance cookies
GA - This cookie name is associated with Google Universal Analytics - which is a significant update to Google's more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. Expires after two years.
GID - This cookie name is associated with Google Analytics. It is used by gtag.js and analytics.js scripts and according to Google Analytics this cookie is used to distinguish users. Expires after one day.
GAT - This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes.
Targeting cookies
_fbp - Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. Expires after three months.
fr - Used by Facebook contains browser and user unique ID combination, used for targeted advertising. Expires after three months.
YSC - used by YouTube, this cookie is set by YouTube to track views of embedded videos. Expires after a Session.
VISITOR_INFO1_LIVE - used by YouTube, the cookie is set by YouTube to keep track of user preferences for YouTube videos embedded in sites; it can also determine whether the website visitor is using the new or old version of the YouTube interface. Expires after 6 months
GPS - used by YouTube to determine your location, expires after 30 minutes.
IDE – used by doubleclick.net, the cookie carries out information about how the end user uses the website and any advertising that the end user may have seen before visiting the said website. Expires after 12 months.
What cookies does this Site place?
When you visit the Site, the following cookies may be placed on your computer:
Google Analytics Cookies:
How to manage your cookie settings
You can block or erase cookies from your computer if you want to (your browser's help screen or manual should tell you how to do this), but certain parts of the Site are reliant on the use of cookies to operate correctly and may not work correctly if you set your browser not to accept cookies
Most browsers are automatically set to accept cookies and you should be able to restrict or disable them if you wish by adjusting the settings on your browser (your browser's help screen or manual should tell you how to do this). However, certain parts of the Website are reliant on the use of cookies to operate correctly and may not work correctly if you set your browser not to accept cookies. We do not use 'spyware', that is web bugs or hidden identifiers or other similar devices to gain access to information, store hidden information or to trace your activities. For more information about cookies and instructions on how to adjust your browser settings to restrict or disable cookies, see the website www.allaboutcookies.org/
For more information please contact:
The Data Protection Officer
Moda Living
Central House, Beckwith Knowle, Otley Road Harrogate HG3 1UG
Telephone: 01423 560200 or email: [email protected]
1 – Scope
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The 2018 Data Protection Act and the UK General Data Protection Regulation (UK GDPR), along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data and protect against the unlawful processing of personal data.
This Privacy Policy is for Moda Living Ltd, SFH Manco Ltd (Casa by Moda), SFH Opco Ltd (Casa by Moda), and for other trading names, which are all listed below:
Moda Life Management Ltd - ICO registration ZA817563
SFH Manco Ltd - ICO registration ZB589504
SFH Opco Ltd - ICO registration ZB580416
Moda Living Ltd - ICO registration ZA817519
Angel Gardens Opco Limited, Angel Gardens, Manchester - ICO registration ZA600499
Broad Street Opco Limited, The Mercian, Birmingham - ICO registration ZB284248
Soyo Opco Limited – New York Square, Leeds - ICO registration ZB332956
Springside Opco Limited – The McEwan, Edinburgh - ICO registration ZA831163
Tower One Opco Limited – The Lexington, Liverpool - ICO registration ZA831156
For the purposes of data protection and this Privacy Policy all entities will be referred to as Moda. In the event of any differences in data processing the relevant company name will be used in full.
Moda is pleased to provide the following information:
2 - Who we are
Moda is a developer and operator of homes for rent in the UK.
3 - Personal data
a) The business uses the information collected from you to provide quotations, make telephone contact and to email you information concerning your enquiry. For those with tenancy agreements with Moda, additional information may need to be collected. Only that information necessary for Moda to fulfil its contractual obligations will be collected.
b) For marketing purposes, Moda may use the contact details provided by you to respond to your enquiries including making telephone contact and emailing information to you which we believe may be of interest to you.
c) When you make initial contact, including through website enquiries, you consent to Moda maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. At all times, the business will work hard to be fully UK GDPR compliant
d) Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence, when you visit us, from phone calls and details of your visits to our website, including but not limited to personally identifiable information like Internet Protocol (IP) addresses.
e) The business will only collect the information needed so that it can provide you with the services it provides; Moda does not sell or broker your data.
f) Casa by Moda Residents are required to use the Casa App called MyCasa for certain building activities, which is a contractual part of your tenancy agreement. More details concerning the Privacy Policy about MyCasa are contained in a separate policy document titled Data Privacy Extra MyCasa, which will appear on the MyCasa app and on the Casa by Moda website.
g) Telephone calls may be recorded for training and security reasons and this will be announced at the start of the call. Where recorded, call data is retained no longer than six months unless it is required longer for legal reasons.
h) Further information exclusively pertaining to data protection and employees is covered in their employment contract and the Company Handbook.
4 - Legal basis for processing any personal data
To meet our contractual obligations to residents and legitimate interests when responding to enquiries concerning the services provided.
For potential and existing residents Moda seeks your explicit consent to the sharing of your data with certain third parties, but only where special categories of personal data are involved such as in certain circumstances medical information, which it may need to share to protect you or supply the services it is contracted to provide you. Moda will only share data where necessary to provide the services it is contracted to provide, to enforce our contractual rights and to protect residents from harm as part of our duty of care.
5 - Legitimate interests pursued by the business
To promote Moda’s building and home for rent. Communications may include direct mail, email, newsletters, telephone calls, social media and any other channels to reach those who may be interested in renting or using the facilities provided by the business.
6 – Your agreement
Through agreeing to this Privacy Policy, you are agreeing to Moda processing your personal data for the purposes outlined. You can withdraw agreement at any time by using the postal or email address or telephone number provided at the end of this Privacy Policy.
7 – Disclosure
Moda will keep your personal information safe and secure, although our administration team will have access to your contact details so that they can manage your account. Some of the services used to support the business such as marketing, website management, the MyCasa App, legal and debt collection services are outsourced from third-party suppliers.
Moda will always put in place with these third-party suppliers a processing agreement and will only share personal information with them where required to meet your requirements or to support our legitimate interests or contractual obligations.
In certain circumstances the business may need to disclose your Personal Information to meet legal, regulatory or valid governmental requests.
Moda may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.
8 - Retention policy
Moda will process personal data for the duration of any business dealings and will continue to store only the personal data needed for up to eight years after any contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details and/or liabilities. For more details a copy of Moda’s Document Retention Schedule is available on request.
9 - Data storage
Data is predominantly processed within the UK and through HubSpot a US based supplier. For your protection HubSpot and Moda have signed Standard Contractual Clauses to allow overseas data transfers. Certain personal data is also held within Microsoft SharePoint for Business.
10 - Your rights as a data subject
At any point whilst Moda is in possession of or processing your personal data, all data subjects have the following rights:
• Right to information - you can ask for information about what data is being processed and the rationale for such processing.
• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that Moda refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.
At your request, Moda can confirm what information it holds about you and how it is processed.
11 - You can request the following information:
• Identity and the contact details of the person or organisation that has determined how and why to process your data.
• Contact details of the data protection officer, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of Moda and information about these interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• How long the data will be stored.
• Details of your rights to correct, restrict, object to processing and rights to erasure.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority (ICO).
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
12 - To access what personal data is held, identification will be required
Moda will accept the following forms of ID when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months.
A minimum of one piece of photographic ID listed above and a supporting document is required. If Moda is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to [email protected] or by phoning 01423 560200 or writing to us at the address below:
13 - Complaints
In the event that you wish to make a complaint about how your personal data is being processed by Moda you have the right to complain to us. If you do not get a response within 30 days you can complain to the ICO.
The details for each of these contacts are:
Casa by Moda and Moda Living
Attention: The Data Protection Administrator
Central House, Beckwith Knowle, Otley Road, HG3 1UG
Telephone: 01423 560200 or email: [email protected]
ICO
Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Telephone: 0303 123 1113 or email: https://ico.org.uk/global/contact-us/email/
For further information on Data Privacy relating to the MyCasa app, please click here.
Your reservation payment will be non-refundable in the following circumstances:
We will refund your money, in full, if Casa by Moda decides to withdraw for any reason or is unable to enter into the tenancy.
Your first month’s rent is due as a single transaction via direct debit, as standard, before your move-in date. Please note we do not have the facilities to accept cash. Please speak to the leasing team for other payment requirements.
We will contact you again to confirm balances due before move in.
You acknowledge that we will use your name, address and contact details for the purposes of progressing your application and subsequently for notifying your council tax, water and energy suppliers at the property and for the purposes of setting up your accounts with them.
It is important that you read and understand the above terms and conditions and please contact us directly or seek independent advice if further help is needed.