Terms & Conditions
1. THIS AGREEMENT
1.1 This Agreement.
This Agreement is a legal document which sets out your rights and obligations, and those of e-Rocks.com ("e-Rocks", "we" or "us"), in relation to the services offered by e-Rocks Ltd through the e-Rocks.com site (together "e-Rocks Services"). Registration for the e-Rocks Services is free but by registering for the e-Rocks Services you become a Member and agree to the terms of this Agreement, and you re-affirm that agreement every time you use any e-Rocks Service. We recommend that you print out a copy of this Agreement, keep it in a safe place, and consult it whenever you propose to transact through any e-Rocks Service. You should be aware that this Agreement may change from time to time in accordance with clause 1.3 below.
1.2 Entire Agreement.
This Agreement includes:
- the rules which govern the different types of transaction which can be engaged in using e-Rocks Services ("Transactions"), namely our Auction Rules and Buying Rules
- any terms and conditions or rules of use set out for clause 2, Other Services, specifically uploaded content, communication with other users and general conduct/use of e-Rocks.
Together these contain the whole of the agreement between e-Rocks and you concerning the e-Rocks Services and they replace all earlier agreements and understandings with you.
1.3 Changes to this Agreement.
e-Rocks reserves the right to change this Agreement from time to time, and post the new version on the e-Rocks.com site. When we do so, we will notify you of this fact on the main screen (www.e-Rocks.com). Any new version of these terms and conditions will take effect, and will govern all activity on or through the e-Rocks Services and the Member's relationship with e-Rocks, commencing 28 days after the date of such posting (or such later date as e-Rocks indicates in the posting). If you do not wish to be governed by the new version of the Agreement, you may notify us within the above period of 28 days, and then from the date when the new version takes effect, you must cease to use any e-Rocks Services. Our Transaction Rules may be changed with more immediate effect, as mentioned in clause 5.1 below.
1.4 Place of Performance and Applicable Law.
· e-Rocks Ltd is registered in England with registered office at 7 St. Georges Yard, Castle Street, Farnham, England, GU9 7LW and registration number of 08162653. Every Transaction shall be deemed performed in England and Wales for sellers based in the United Kingdom or European Union.
· You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
2. OTHER SERVICES
e-Rocks or its affiliates may offer non-Transaction services or benefits ("Other Services") to Members through the e-Rocks Services. Your use of those Other Services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the e-Rocks Services, any failure by you to comply with a material provision of the terms or rules governing our Other Services will amount to a material breach of this Agreement.
You undertake to register for the e-Rocks Services using your correct name, address and any other requested details. For the purposes of a proposed Transaction, you may be asked to enter details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card both at the time when you enter its details and when you seek to use it, and (b) you have available sufficient funds to cover all charges incurred on it in the course of your activities on the e-Rocks Services.
If any of the information you enter becomes incorrect or is superseded, then you must update your e-Rocks account before continuing to bid/purchase; this is done by logging in and going to my "My Profile".
3.2 Other Conditions
To enter into any Transaction, you must be legally able to enter into contracts for sale or purchase of the Items in question.
4.1 Use of Personal Data
We do not store any personal financial information on this site.
4.3 Confidentiality by Members
Unless otherwise agreed with e-Rocks, you agree not to use any information regarding other Members that is accessible from the e-Rocks Service or disclosed to you by e-Rocks or another Member (for example, using Members' email addresses for the purposes of spamming or harassment) except to enter into and complete Transactions through the e-Rocks Service, or except as otherwise expressly permitted by this Agreement.
4.4 Copyright and posting on e-Rocks
By submitting your images/content on e-Rocks you are agreeing to the following:
1/ You can confirm that you own the copyright or have permission to post each image you send us. Using images/content created by other people may be infringing copyright and it is your responsibility to check first, and liability rests with you if any copyright issues arise.
2/ You retain the copyright to your content and agree that we may feature your content in whole or in part on e-Rocks or e-Rocks content posted on other media.
3/ Your images and content remain on permanent loan to e-Rocks therefore cannot be deleted if you close your account or otherwise membership ceases with us,
4/ We will not use your images for any other purpose without first seeking your permission.
5. TRANSACTIONS & THEIR RULES
5.1 Our Rules
Our Rules. The e-Rocks Services may offer you the opportunity to participate in the following types of Transaction, governed by its own Transaction Rules:-
1. Auction Rules
2. Buying Rules
The descriptions of, methods of participating in, and rules governing each kind of Transaction are set out in the relevant Transaction Rules, referred to above. You must ensure you understand the way that each Transaction works on the e-Rocks Services - by reading and understanding the relevant Transaction Rules - before you participate in any Transaction of that type. As we develop the services we offer, we may change our Transaction Rules from time to time, both to add (or delete) specific types of Transaction, or to alter the way that individual Transactions are conducted. Therefore, you should keep up-to-date with the content of our Transaction Rules.
6. GENERAL TRANSACTION ISSUES
For the avoidance of doubt the general transaction rules also apply to all user content, contributions and postings onto the site or using e-Rocks branded systems offered in our service.
6.1 Relevant Content
The content of statements posted by Sellers in their Listings or otherwise, or by buyers, must be directly relevant to the subject-matter of the Transaction, and not relate to anything else. For example, such statements must not be used as a means of general communication with one or more other Members and may not be used to advertise or promote anything which is not the subject of the specific Transaction. If you include a hypertext link to another site in a Listing, the linked site must satisfy this relevancy test; but in any event, you acknowledge that we will be entitled to remove, or require the removal of, any such links at our discretion. [See Seller Standards Help for further information]
6.2 Moderation Service
Via our Moderation service, Registered users (Members) can comment upon the service they have received from other Members in certain types of Transaction. All such comments must be accurate and fair, and must comply with the requirements of clause 6.5 below.
6.3 Seller's legal ownership
By including any subject-matter in a Listing (an "Item"), you assert that you are legally entitled to pass ownership in that Item.
6.4 Accuracy of Listing
You must accurately describe each Item in the Listing you provide for inclusion on the e-Rocks Services and you are liable for any errors or omissions in your description. Any brand name or other indication of origin or manufacture which you include in the Listing must be completely accurate, and not capable of misleading any Member. [See Seller Standards Help for further information]
As the Seller, you are responsible for ensuring that the sale of any Item, the Listing itself, and all activity or communication (including use of Moderation Service) you make in connection with any Transaction will not (a) be capable of infringing the intellectual property or other rights of any person or entity, (b) breach any applicable law, whether criminal, tortious or otherwise, or (c) be offensive, obscene, pornographic, insulting, false, unreliable or misleading.
6.6 Specific Prohibited Items
By way of expansion upon clause 6.5 above (but without limiting its content), unless you have e-Rocks's specific consent to do so, you must not endeavour to buy or sell, or advertise for sale in a Listing, any of the following prohibited items, which we will update from time to time.
6.7 Correct Use of Categories
You must place a Listing only in the e-Rocks Services category into which the Item in question naturally fits (and not in any other categories). Where appropriate, and subject to the possible payment of additional charges which may be notified to you at the time, you may be permitted to place a Listing in more than one such category.
[Currently e-Rocks only offers one category, this clause will become relevant as the Services expand.]
6.8 Seller's Terms and Conditions
It is the Seller's obligations to communicate to actual or potential buyers all of the contractual terms and conditions which apply to any Transaction.
6.9 e-Rocks Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the e-Rocks Services are owned by e-Rocks (or its affiliates). You must not use any of those intellectual property rights, or the e-Rocks Services, except to the extent necessary to create Listings, engage in Transactions, and conduct other authorised activities, in the manner anticipated in this Agreement.
i. The Seller agrees to pay to us the fees we specify for Listings, for their promotion on the e-Rocks Services (if such promotion is requested by the Seller), and for Transactions. Details of our fees are contained, or referred to, in the relevant Transaction Rules. You acknowledge and agree that e-Rocks is entitled to alter the amount or the basis of the calculation of its fees from time to time, provided that such amount or basis is clearly stated at the time when the relevant Listing is created.
ii. Fees payable for Listings will not under any circumstances be rebated or refunded to the Seller.
iii. Where fees have been paid but a transaction has been voided via mutual agreement within the Moderation Service a credit to this value will be given to the Seller in the following invoice.
iv. We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be specified at the time such service is made available.
v. If the Seller does not pay fees on time, we may suspend or terminate (at our discretion) e-Rocks services provided to you; and/or we may charge late payment fees and collection costs of $20 – collected in the Sellers nominated currency.
vi. Current Fees Schedule
The prices of all Items must be inclusive of VAT (where VAT is applicable), unless otherwise stated.
8. e-Rocks’s ROLE
8.1 e-Rocks's Role
e-Rocks is not and cannot be responsible for the behaviour of, or the Items offered for sale or supply by, the Seller - whether it is an individual or a business. e-Rocks has no control over or responsibility for the quality, safety, or legality of Items, the truth or accuracy of Listings, whether the Seller can or will supply and pass good title to any Item, or whether purchasing Members can or will pay for them.
e-Rocks will pre-screen Listings or Items included in them and will reserve the right to remove any item for whatever reason we deem fit (as set out in further clauses in Section 8) [See Seller Standards Help for further information]
e-Rocks is not a party to any Transactions, and only provides the technical means, and a venue, for Transactions to be initiated or conducted. Also, e-Rocks cannot and does not control the completion or validity of Transactions; even though Members are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of a Members' obligations under this Agreement. Therefore, you should exercise no lesser degree of caution in entering into Transactions - whether as a Seller or buyer - than you would exercise when entering into a similar transaction offline.
8.2 Operation of e-Rocks Services
e-Rocks reserves the right to cancel or withdraw Listings, to close Transactions which are conducted through e-Rocks Services early, to extend them, or to terminate entire services, where we have compelling legal or technical reasons to do so (including technical difficulties experienced by e-Rocks, a Seller or on the Internet). Where practical, we shall provide reasonable advance notice to you of any such steps e-Rocks is to take. There may also be times when this site, or others through which e-Rocks Services are offered, become unavailable, whether on a scheduled or unscheduled basis. You acknowledge that we are not contractually (or in any other way) bound or required to make available to you any of the e-Rocks Services, or this or any other site.
8.3 Withdrawal of Listings/Transactions
Each Member acknowledges that we are entitled, but not obliged, to withdraw any Listing or Transaction which appears - based on information received from third parties or other Members - to be in breach of this Agreement.
8.4 Misuse of e-Rocks Services
e-Rocks reserves the right to suspend or terminate any Member's account which is or appears to us to be in persistent or material breach of this Agreement (including, without limitation, through the provision of false registration details or other misuse of e-Rocks Services), and to suspend or withdraw all Listings and Transactions associated with such accounts. Any person who holds such a suspended or terminated account must not re-register for e-Rocks Services without our prior consent.
8.5 Checks of Listings
e-Rocks may from time to time, but has no obligation to, check whether items in any Listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by e-Rocks or third parties, law enforcement authorities, or historical data available to e-Rocks.
8.6 Concerns about Listings
Each page where a Listing appears includes a facility for reporting to us legitimate concerns you may have about that Listing - in particular, that the Item(s) appearing there may infringe legitimate intellectual property rights, or other applicable laws. We encourage Members to use that facility.
9. e-Rocks’s LIABILITY
9.1 To the extent that the law permits, you release e-Rocks, its agents and employees from all liability arising out of or in connection with any Listing or Transaction, including (without limitation) all claims and demands relating to Listings, uncompleted or completed Transactions, or Items offered for sale or supply, or actually sold or supplied, through or in connection with any Listing or Transaction.
9.2 Reasonable control
e-Rocks shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
9.3 Maximum liability
Without limiting the preceding clause, the liability of e-Rocks under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £100, or (b) an amount equal to the sums paid or payable by or to you in the Transaction(s) to which such liability relates, regardless of the cause or form of action.
9.4 Non-excluded Liabilities
Nothing in this Agreement limits e-Rocks's liability for death or personal injury resulting from e-Rocks's negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify e-Rocks against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through your e-Rocks account.
10.1 Assignment. e-Rocks reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If we exercise this right, we shall name the assignee or subcontractor on the main screen (www.e-Rocks.com) and you will be entitled to terminate this Agreement immediately. You may not, without the written consent of e-Rocks, assign or dispose of this Agreement.
10.2 Severability. 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.