Rock Intention Terms and Conditions (”Agreement” / ”Terms of service” / ”Terms”)

 

  1. Introduction

 

Rock Intention Malta Limited (”Rock Intention ”) is a Maltese company.

Each time you use or access this website (the ”Service”), you agree to be bound by the terms and conditions of this Agreement, as amended from time to time with or without notice, and without any liability. Rock Intention has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and Rock Intention makes no commitment, express or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service. By using the Service, you are automatically subject to any rules and guidelines applicable, including those stated below. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including the policies and terms linked to or otherwise referenced in this Agreement.

By using the Service, you agree to and accept these Terms of Service. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service. By continuing to access or use the Service after any change or amendment, you agree to be bound by the modified Terms of Service.

 

  1. User Account, Service disclaimer and Service Interruptions

You may wish or be required to establish an Account with Rock Intention to use the Service, except for those portions of the websites which Rock Intention allows users to access without registration. You may establish one or more additional Accounts, provided that your existing Account is in good standing and you are otherwise in full compliance with this Agreement. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of Rock Intention.

You agree to provide accurate, current and complete information about yourself as prompted by the registration form (”Registration Data”) and to use the account management tools provided to keep your Registration Data accurate, current and complete.

You must choose an account name to identify yourself to Rock Intention in connection with your Account (your ”Account Name”), which will also serve as the name for your graphical representation within the Service under this Account. You may not select as your Account Name any name that Rock Intention determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that Rock Intention determines in its discretion to be vulgar, offensive, or otherwise inappropriate. Rock Intention reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use or deletion of any Account Name.

You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account (or Accounts) as described below.

At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person’s use of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.

The Service contains links to or otherwise allows connections to third-party websites, servers, and online services or environments that are not owned or controlled by Rock Intention. You agree that Rock Intention is not responsible or liable for the content, policies, or practices of any third-party websites, servers, online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, online services or environments.

In more detail, through our Service/website we offer comparison services offered via third party websites which are linked to via our website. Where this is the case you will be bound by the third party’s terms and conditions. You will not be charged for using our website. Instead, when you use our Service/website to buy a service from a third party, that third party pays a commission to us.

Rock Intention may on occasion need to interrupt the Service with or without prior notice. You agree that Rock Intention will not be liable for any interruption of the Service (whether intentional or not).

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Rock Intention owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. Rock Intention will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers.

  1. Intellectual Property

Rock Intention owns all intellectual property rights in and to the Service including the software, the websites and the servers, and in and to our trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the ”Rock Intention Marks”). You acknowledge and agree that Rock Intention and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein.

 

  1. Modifications to Service

Rock Intention reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rock Intention shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

  1. Changes to this Agreement

Rock Intention may, from time to time, as it deems fit in its utmost discretion update, modify, alter or change this Agreement and we encourage you to periodically review it. If we change this Agreement we will post the new version on the website. Your continued use of the Service constitutes your agreement to this Agreement and any updates.

 

  1. Severability, assignment

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

You may not assign this Agreement or your Account (if applicable) without the prior written consent of Rock Intention. You may not transfer or sublicense any licenses granted by Rock Intention in this Agreement without the prior written consent of Rock Intention. Rock Intention may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.

 

  1. Disclaimer of Warranties and Limitation of Liability

We are not responsible to you for:

  1. any reliance that you may place on any material or commentary posted on our Service. Please note that nothing contained in our website/Service or the material published on it is intended to amount to advice on which you should rely; or
  2. Any losses you suffer because you cannot use our website at any time; or

iii.     any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or

  1. Any errors in or omissions from our website/Service; or
  2. any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website/Service; or
  3. 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/Service or to your downloading of any material posted on it, or on any website linked to it; or

vii.    the privacy policies and practices of other linked third party websites, even if you access them using links from our website/Service; or

viii.   Any unauthorised access or loss of personal information that is beyond our control.

ROCK INTENTION EXPRESSLY MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, FIT FOR PURPOSE AND NON-INFRINGEMENT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROCK INTENTION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS; MISTAKES; INACCURACIES; LOSS OF DATA;  DISRUPTION OF SERVICE; PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR HARDWARE FAILURES; WHILST USING THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Indemnity

By using the Service, you hereby agree to indemnify, defend, and hold Rock Intention and its affiliates and their employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by you of the terms of this Agreement.

 

  1. Suspension and termination of your account

You may terminate this Agreement by stopping to use the Service or by closing your Account at any time for any reason (if applicable). In such event, Rock Intention shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

Rock Intention may suspend or terminate your Account if you violate this Agreement, along with any or all other Accounts held by you or otherwise related to you as determined by Rock Intention, and your violation of this Agreement shall be deemed to apply to all such Accounts. Upon termination of your Accounts, this Agreement between us will be automatically terminated and you may not re-subscribe through other or future Accounts you or others may set up.

We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Rock Intention or any third party.

If Rock Intention elects to generally suspend or discontinue the Service, in whole or in part, for any reason, Rock Intention may suspend or terminate your Accounts. In such event, you acknowledge that Rock Intention will have no liability to you in connection with such suspension or termination.

The following terms will survive any termination of this Agreement: Sections 3, 6, 7, 8 and 10.

 

  1. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Malta, notwithstanding any differences between the said applicable legislation and legislation in force at your location.

By using the Service, you accept that any proceedings or litigation brought by you against Rock Intention must be brought in Malta, only, and you agree to this jurisdiction and location.

These Terms (together with our Privacy Policy) represent the entire agreement between you and us relating to your use of our Service. These terms also supersede any previous agreements, including previous terms and conditions of our website.