Terms & Conditions of Use

By Using Our Website You Accept These Terms of Use

 

Please read these Terms of Use carefully and ensure that you understand them before using Our Website. These Terms of Use, together with any other documents referred to herein (unless otherwise stated), set out the terms of use governing your use of this website www.rocks-off.com (Website). It is recommended that you print a copy of these Terms of Use for your future reference.

These Terms of Use were published on 15/12/2023 and last updated on 15/12/2023. Your agreement to comply with these Terms of Use is indicated by your use of Our Website. If you do not agree to these Terms of Use, you must stop using Our Website immediately. You will also be required to accept these Terms of Use if you sign up for an Account.

The following documents also apply to your use of Our Website:

• Our Privacy Policy, available at rocks-off.com/pages/privacy-policy. This is also referred to below in Parts 3, 7, and 17.
• Our Cookie Policy, available at rocks-off.com/pages/cookie-policy. This is also referred to below in Part 17.
• If you purchase goods from Us, Our Terms and Conditions of Sale, available at https://rocks-off.com/pages/sale-terms-and-conditions, will apply to the sale. These terms are also referred to below in Parts 13 and 14.

 

1. Definitions and Interpretation
   1.1.  In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”	an account required to access certain features on Our Website, as set out in Part 7;
“Contact Tools”	any online communications facility that We make available on Our Website enabling you to contact Us including, but not limited to the contact form (https://rocks-off.com/pages/contact) and live chat;
“Content”	any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website;
“User”	a user of Our Website;
“User Content”	Reviews, comments, photos and videos shared by Users on Our Website; and
“We/Us/Our”	Rocks Off Limited

 

2. Who We Are
   2.1.  Our Website is operated by Rocks Off Limited. We are a limited company registered in England and Wales with company number 04763811. Our registered office address is 63 Broad Green, Wellingborough, Northamptonshire, NN8 4LQ and Our main trading address is Rocks Off Limited Unit C, Northfield Point, Cunliffe Drive, Northfield Avenue, Kettering, NN16 9QJ.
   2.2.  Our VAT number is 823 5183 39.
3. How to Contact Us and Your Use of Our Contact Tools
   3.1.  To contact us by email, please email us at customersupport@rocks-off.com or to contact us by telephone, please call us on 01536 527292.
   3.2.  You can also contact Us using Our Contact Tools.
   3.3.  We may monitor any and all communications made using Our Contact Tools.
   3.4.  Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.

 

4. Access to Our Website
   4.1.  Access to Our Website is free of charge.
   4.2  You must be at least 18 years of age to use Our Website. By using Our Website and agreeing to these Terms of Use, you represent and warrant that you are at least 18 years of age.
   4.3  It is your responsibility to make the arrangements necessary in order to access Our Website.
   4.4  Access to Our Website is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Website (or any part of it) at any time. We do not guarantee that Our Website will always be available or that access to it will be uninterrupted.
   4.5.  You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

 

5. Changes to Our Website

We may alter and update Our Website (or any part of it) at any time (e.g to reflect changes to Our products, improve the user experience and to reflect Our business priorities). If We make any significant alterations to Our Website (or any part of it), We will try to give you reasonable notice of the alterations.

 

6. Changes to these Terms of Use
   6.1.  We amend these Terms of Use from time to time. Every time you wish to use Our Website, please check these terms to ensure you understand the terms that apply at that time. Any changes made to these Terms of Use will apply to your use of Our Website the first time you use it after the changes have been implemented. You are advised to check this page every time you use Our Website.
   6.2  If any part of the current version of these Terms of Use conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

7. Accounts
   7.1.  Certain features on Our Website, including the ability to purchase goods from Us does not require an Account, but you may wish to create an Account to store your personal details and to make the ordering and checkout process easier.
   7.2.  Only Users aged 18 or over may create an Account.
   7.3.  When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
   7.4.  We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.
   7.5.  It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please change your password immediately and/or contact Us using the details above in Part 3.
   7.6.  You must not use another person’s Account.
   7.7.  All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy.
   7.8.  If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on Our Website requiring an Account. Deleting your Account will result in the removal of your information from Our Website. For further details about the retention and deletion of personal data, please refer to Our Privacy Policy.
   7.9.  If you delete or request your Account to be deleted, any User Content that you have shared on Our Website will remain on Our Website unless you contact Us using the contact details in Part 3 above to request deletion. All other personal details will be deleted.
   7.10.  We may disable your Account if, in Our reasonable opinion, you have breached these Terms of Use.
   
   
8. International Users

Our Website is intended for users in the United Kingdom only. We do not warrant or represent that Our Website or its Content are available in other locations or are suitable for use in other locations.

 

9. How You May Use Our Website and Content (Intellectual Property)
   9.1.  With the exception of User Content (please refer to Part 10), all Content included on Our Website and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
   9.2.  Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). You may access, view, and use Our Website in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Website (or any part of it) for caching (this usually occurs automatically).
   9.3.  You may print one copy and download extracts of any page(s) from Our Website for personal use only.
   9.4.  You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Website must not be used separately from accompanying text.
   9.5.  You may not use any Content (including User Content) from Our Website for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable.
   9.6.  Our status as the owner and author of the Content on Our Website (or that of identified licensors or Users, as applicable) must always be acknowledged.
   9.7.  If you print off, copy, download, share or repost any part of Our Website in breach of these Terms of Use, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

 

10. User Content
    10.1.  An Account is required for the submission of User Content to Our Website.
    10.2.  All User Content and communications with other Users on Our Website must comply with Our Terms of Use.
    10.3.  You warrant that you will comply with Part 9.2 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
    10.4.  We are not responsible for any loss of User Content submitted to Our Website. It is your sole responsibility to secure and backup your User Content.
    10.5.  All User Content is considered non-confidential and non-proprietary.
    10.6.  We may reject, reclassify, or remove any User Content from Our Website where, in Our sole opinion, it violates Our Terms of Use.
    10.7.  We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
    10.8.  User Content is not approved or verified by Us before it is displayed on Our Website. The opinions, views, and values expressed in User Content on Our Website are those of the relevant Users and do not represent Our opinions, views, or values.
    10.9.  If you wish to make a complaint about any User Content, please contact Us using the details above in Part 3.
    10.10.  If you wish to remove User Content, you may do so by contacting Us using the contact details in Part 3 above. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
    10.11.  User Content on Our Website and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    10.12.  You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Website, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote Our Website.

 

11. Links to Our Website
    11.1.  You may link to any page on Our Website. Linking to other pages on Our Website requires Our express written permission.
    11.2.  Links to Our Website must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
    11.3.  You must not link to Our Website in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
    11.4.  Your link should not use any logos or trademarks displayed on Our Website without Our express written permission.
    11.5.  You must not frame or embed Our Website on another Website without Our express written permission.
    11.6.  We reserve the right to withdraw linking permission without notice.
    11.7.  If you wish to link to or make any use of content on our Website other than that set out above, please contact Us using the details above in Part 3.

 

12. Links to Other Websites
    12.1.  Links to other Websites may be included on Our Website. Unless expressly stated, these Websites are not under Our control. We accept no responsibility or liability for the content of third-party Websites.
    12.2.  The inclusion of a link to another Website on Our Website is for information purposes only and does not imply any endorsement of that
    12.3.  Website or of its owners, operators, or any other parties involved with it.

 

13. Disclaimers
    13.1.  The content on Our Website is provided for general information purposes only. Nothing on Our Website constitutes professional advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website. We make reasonable efforts to ensure that Our Content on Our Website is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Website. Please refer to Our Terms and Conditions of Sale.
    13.2.  If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Website and Content.

 

14. Our Liability
    14.1.  The provisions of this Part 14 apply only to the use of Our Website and not to the sale of goods. The sale of goods is governed by Our Terms and Conditions of Sale.
    14.2.  Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
    14.3.  Our Website is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our Website for any commercial or business purposes and that We shall have no liability to you for any business losses as set out below.
    14.4.  We only provide our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    14.5.  If you are a business user (i.e. you are using Our Website in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Website or the use of or reliance upon any Content (including User Content) included on Our Website.
    14.6.  If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

15. Viruses, Malware, and Security
    15.1.  We exercise reasonable skill and care to ensure that Our Website is secure and free from viruses and malware; however, We do not guarantee that this is the case.
    15.2.  You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
    15.3.  You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Website.
    15.4.  You must not attempt to gain unauthorised access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
    15.6.  You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    15.7.  By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Website will cease immediately in the event of such a breach.

 

16. Acceptable Usage of Our Website
    16.1.  You may only use Our Website in a lawful manner:
    a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
    b) You must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent; and
    c) You must not use Our Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
    16.2  If you fail to comply with the provisions of this Part 16, you will be in breach of these Terms of Use. We may take one or more of the following actions in response:
    a)  Suspend or terminate your right to use Our Website;
    b)  Issue you with a written warning;
    c)  Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
    d)  Take further legal action against you, as appropriate;
    e)  Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
    f)  Any other actions which We deem reasonably appropriate (and lawful).
    16.3  We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 15.6) in response to your breach.

 

17. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy.

 

18. Communications from Us
    18.1.  If We have your contact details and/or if you have an Account, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Website or to these Terms of Use, or to your Account.
    18.2.  We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. Alternatively, you can contact Us using the contact details in Part 3 above to request that We no longer send you marketing material. If you opt out of emails from Us, it may take up to 48 hours for your request to take effect and you may continue to receive emails during that time.
    18.3.  For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

19. How to complain about or report content

If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact Us immediately using the details above in Part 3.

 

20. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Use to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you. Your rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.

 

21. Law and Jurisdiction
    21.1.  These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    21.2  Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Use or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

 

 

December 2023.