Terms and Conditions

Use of the Website and The Rock Trading Services


1. INTRODUCTION

1. Access to and use of the Website www.therocktrading.com ("Website") are activities governed by these Terms and Conditions of Use ("TEC"). Access, use and any other interaction with this Website imply the reading, knowledge and acceptance of this TEC by the user.

2. Users acknowledge that proof of participation in the services provided by The Rock Trading, through the use of the Website, is the computer recording of the confirmation of the clicks of acceptance of these TECs, the Anti-Money Laundering Policy, the Risk Policy and the Privacy Policy.

3. The Website, with the domain https://therocktrading.com, any second-level domains, accessible via each page of the Website and the contents published therein, except as specified in art. 14, as well as any API (Application Programming Interface) to access specific contents of the Website or widgets containing data from the Website itself are the property of The Rock Trading S.r.l., with registered office in Galleria del Corso, 2, 20122, Milan, Tax Number - VAT Number: IT-10120840961, registered in the Milan Companies Register No. 2507359 ("TRT").

4. The use of the Website, including, but not limited to, registration with the Website, opening an account, accessing the private area, sending material to the Website and using any of the services offered through the Website, qualifies the visitor as a User of the Website and implies full and unconditional acceptance of these TECs.

5. These TECs, the AML Policy, the Risk Policy, the Privacy Policy, the FAQ represent the legal disclaimer of the Website and the Contract Regulation governing the relationship between the User and TRT. In the event of conflicting provisions between these TECs and any of the above documents, the provisions of the latter shall prevail.

6. For any requests for assistance with the Website or the use of the services, the User may visit the "Support" area of the Website and access the "ticketing" system. Before opening a new ticket, the User is invited to verify that the FAQ does not already answer his/her question.

7. Users undertake to inform TRT of unauthorized or non-compliant use of the Website, even in breach of these TECs, by sending an e-mail to documents@therocktrading.com, specifying the data that enables the identification of the content of the unauthorized or non-compliant Website, or of the party who used the Website in an unauthorized or non-compliant manner.

2. INTELLECTUAL PROPERTY RIGHTS

1. The contents of the Site, by way of example, the platform, the DAAs (Data as a Services: web service that makes data available to the User in different formats and for different applications), formulae, source code, images, photos, sounds and videos, documents, drawings, images, logos and any other material, in any format, published on the Website, including menus, web pages, the graphics, colors, schemes, tools, fonts and design, diagrams, layouts, methods, processes, functions and software which are part of the Website are protected by copyright and any other intellectual property right of TRT and other rightholders. The complete or partial representation of the Website and its contents in any form is forbidden without prior written consent by TRT.

2. TRT is entitled to authorize or forbid the direct or indirect, temporary or permanent representation, in any way or format and shape, in whole or in part, of the Website and content thereof.

3. The User undertakes to comply with the copyright of those who publish contents on the Website. Furthermore, the User is not authorized to use, in any way and form, the contents of the Website and any single work protected by copyright and any other intellectual property right. By way of example and not limited to, the user may not alter or, in any other way, modify the contents and copyrighted works without the consent of TRT and, where necessary, of each author of the works published on the Website.

3. TRADEMARKS AND DOMAIN NAMES

1. The name "The Rock Trading" is a trademark currently under registration owned by TRT, which, together with the domain name and all the elements and contents referred to in Article 2, is covered by national legislation and international agreements on copyright and intellectual property.

2. TRT is the sole owner of the "TRT" logos and trademarks and any other trademark covering the words "the rock trading", including the domain name "therocktrading.com".

3. The User is not authorized, without prior consent of TRT, to use these trademarks to identify products or services, even if different from TRT's ones.

4. Any use of trademarks not in compliance with the law, as not authorized, is forbidden. Furthermore, it is forbidden to use the trademarks and any other sign on the Website to take unfair advantage from this distinctive feature or the reputation of these trademarks or otherwise to the detriment of those trademarks and the owners thereof.

4. SCOPE AND COST OF SERVICE

1. TRT provides, mainly, the services of a virtual currency service provider, offering Users, on a professional basis, services aimed at using, exchanging, storing and converting virtual currencies from or into legal tender currencies. In particular, TRT provides blockchain services to Users: an internet platform enabling the purchase and sale of tokens or any other existing virtual or mathematical currency, and the conversion of virtual or cryptographic currencies to each other or to legal tender currencies and vice versa.

2. "Virtual currencies" means digital value representation, not issued by a central bank or public authority, not necessarily linked to legal tender currency, used as a means of exchange to purchase goods and services and transferred, stored and electronically negotiated. Virtual currencies available for purchase, sale or conversion on the Website are only those supported by the Website and communicated to the User by TRT in a dedicated section of the Website; by way of example but not limited to, https://www.therocktrading.com/en/exchange/currency, which will be regularly updated to include new virtual currencies and delete those no longer processed.

3. TRT, as fee for the services provided through the Website, will charge the user fees according to the terms and procedures specified in the relevant section of the Website "Fees".

4. While using the services under these TECs, the User acknowledges and agrees that: (a) TRT does not act as its representative, nominee, broker, intermediary, agent, financial advisor, investment expert or trustee; and (b) the information provided through the Website does not represent advice or recommendations on investments, nor on financial instruments or products.

5. Through the Website, TRT does not offer financial instruments or financial products, nor does it manage User funds, nor provide investment services, payment services, nor any other service or activity the provision of which is limited by current Italian legislation to persons authorised by the Financial Market Supervisory Authority, or by other authorities empowered to issue such authorizations or in any case to supervise such activities and services. By way of example, it should be noted that TRT does not provide, through its platform, any activity of management of financial markets, multilateral or organized trading systems, with the specific exclusion of any activity and/or service involving the trading or exchange of financial instruments (as defined by Legislative Decree 58/98 Consolidated Law on Finance, Annex 1).

6. No information, analysis or other material on the Website represents an opportunity to sell or purchase financial products and/or financial instruments, nor does it constitute a form of investment advice, nor is it suitable to provide grounds for any investment decision.

5. WEBSITE SERVICES: FEATURES AND RESTRICTIONS ON USE

1. Website services are subject to Italian and European law, except for the provision of hosting services or other services necessary to use the Website, provided by third parties, to which conditions of use relating to these services apply.

2. The User may access the Website exclusively for personal or business purposes connected to one of the activities provided by TRT pursuant to art. 4 and to the extent specified in these TECs. If the user, through the Website or other conduct, intentionally or accidentally jeopardizes the functionality of the Website, TRT shall have the right to take all necessary measures to protect the Website and its systems.

3. The use of the services of the Website, due to its very nature, is based on the need to carry out legal transactions, enter into agreements and purchase and sale transactions electronically. Users hereby undertake to be fully aware that acceptance by electronic means shall represent a valid and binding consent. Any expressions of consent or acknowledgement relating to TRT notifications of termination, policy and contract changes, and so on, fall under the same regime.

4. The Website is intended for use by natural persons over 18 years old under Italian law or by non-physical persons (entities) duly incorporated, resident or with registered office outside countries not included in the scope of the provisions specified below.

5. By accessing the Website and opening an account, the User represents and warrants: (i) to accept these TECs, (ii) to be at least 18 years old, (iii) to be in full capacity to accept these TECs, (iv) to use the Website for transactions involving only the purchase, sale or exchange of virtual currencies and legal tender currencies, (v) to have read and accepted Risk Policy, Privacy Policy and Anti-Money Laundering Policy, and (vi) to be a resident natural person or representative of a legal person other than an individual with registered office in Italy or in any country not excluded from the services offered on the Website, as indicated below.

6. The Website, TRT services and the use thereof are offered and may be used by natural or legal persons resident or having registered office within the countries covered by the Single Euro Payment Area (SEPA) and the list of countries, extra-SEPA, updated from time to time in the FAQ section. The Client represents he/she is aware and accepts that in the event of misleading statements or in any case of conduct in breach of the aforementioned restrictions on use of the Website and services: (i) TRT shall interrupt the services provided, and shall suspend all operations, notifying accordingly the relevant authorities.

7. The User of the Site is not permitted to:
  • (a) use the Website in a way that causes or may cause damage to the same Website or may compromise its performance, availability or accessibility;
  • (b) use the Website in any unlawful, illegal, fraudulent or harmful manner or in connection with any purpose or activity whatsoever considered unlawful, illegal or fraudulent;
  • (c) use the Website to copy, store, host, transmit, send, use, publish or distribute any material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or any other malicious software;
  • (d) carry out any systematic or automated data collection activity (including, inter alia, scraping, extraction and collection of data) on or in relation to the Site without the express written consent of TRT, except for collection activities provided for by the use of the API;
  • (e) access or otherwise interact with the Site using robots, spiders or other automated tools, except for search engine indexing, or with the express written consent of TRT, or if related to API use;
  • (f) circumvent, or attempt to circumvent, any restrictions on access to the Website;
  • (g) alter, modify or distribute to third parties any material contained in the Website.
8. Notwithstanding the above, users are allowed to forward any TRT newsletters to third parties in electronic format.

9. TRT is entitled to restrict access to certain areas or to the entire Website at its discretion. In addition, TRT is entitled, at any time, to modify the procedures and the functioning of the Site, to introduce new methods of use, new conditions of use and additional obligations relating to the use of services. Such changes will be communicated to the email address or through the User account and may also involve an amendment to TECs, pursuant to art. 15.

6. WEBSITE REGISTRATION

1. An account may be registered on the Website by filling in and submitting the registration form on the Website; to access the services of the Website, and in particular the activity of converting virtual currencies from or into legal tender currencies, it is also necessary to complete the verification process described in Article 8 and in the Anti-Money Laundering policy.

2. The User guarantees that all information provided to TRT through or in relation to the Website is true, accurate, updated and complete, assuming the resulting civil and/or criminal liability should it be ascertained that the information provided was incorrect or - indeed - misleading.

3. TRT is entitled to request the user, at any time and at its sole discretion, to provide further information to allow the correct operation and provision of services.

4. By registering to the Website, the User agrees that all TRT communications are transmitted to the User by e-mail, messaging services to the details provided during registration (e-mail, tel, etc.) or by means of specific and targeted alerts.

5. The User agrees not to use any account other than his/her own, nor to access the account of others, nor to help others to obtain unauthorized access.

6. The User agrees not to allow third parties to use his/her account to access the Website.

7. The creation or misuse of accounts by a User will result in the immediate suspension and subsequent closure of all accounts linked to them, as well as the closure of all purchase or sale orders that may still be pending.

7. USE OF WEBSITE SERVICES

1. Use of the Website services requires the use of suitable devices owned by the user and access to an Internet connection.

2. Before accessing the services of the Website, the User is recommended to read and understand the risk policy.

3. In order to place orders to buy or sell virtual currencies and legal tender currencies, the User, registered on the Website, shall transfer virtual currencies or legal tender currencies ("Asset availability") on a dedicated account, the accessing, using and managing methods are detailed and illustrated in a specific section of the Website. In order to carry out this activity, TRT also makes use of third parties authorized to provide banking or payment services, subject to supervision by the relevant sector authority.

4. Availabilities transferred by the user to the account specified by TRT are used exclusively for the purchase and sale of virtual or legal tender currencies. On the Website, the User may view the balance of Availabilities and place an order to make transactions within the blockchain. The Site is not to be considered a virtual wallet.

5. To purchase or sell virtual currencies, the User must place an order (purchase or sale) with TRT. To this end, the User, registered on the Website, must follow the instructions provided on the order setting page, indicating at least the type of transaction (purchase/sale) and the amount of the same.

6. Availabilities on the account at the Website may only be withdrawn by transfer to the same account from which were sent at the time of the first deposit of virtual currencies or legal tender currencies.

7. The User is solely responsible for the use of all elements and services of the Website. TRT, in particular, is not responsible for the origin of virtual currencies uploaded to user accounts through the Website.

8. AML REQUIREMENTS

1. When registering on the Website, the User is required to provide any necessary information and/or documents that TRT deems, in its sole discretion, to be suitable to maintain compliance with any law, regulation and internal policy (see the Anti-Money Laundering Policy adopted by TRT).

2. During the account verification process, the User must provide all documents that will be required. In particular, by registering an account on the Website, the user agrees to provide TRT, or another party delegated to carry out the anti-money laundering obligations imposed by law on behalf of TRT, with updated, accurate and complete information as required by the registration process, as well as to keep this information updated.

3. In the event of anomalous or not completely transparent operations on the User's account, TRT may request further information from the User, including but not limited to document authentication, and may also freeze all transactions pending the performance of the appropriate checks on the account.

4. TRT is entitled to block, suspend and close accounts of Users who have not been properly verified, notwithstanding any useful efforts by TRT to contact the User and urge the completion of the due verification process.

5. Documents, data, photos and other information material collected during the registration and verification of an account are subject to the retention requirement that TRT has to comply with under the anti-money laundering regulations, also using the services offered by a third party provider.

6. TRT applies regular checks on user accounts also through the request to provide information on the origin of the Assets if and when expressed or converted into virtual currency or legal tender currency. In addition, TRT is entitled to block or freeze any User account, at its discretion and without prior notice, in case of suspected illegal origin of the Assets.

9. ACCOUNT SECURITY

1. The User must keep the password to access the Site confidential and take all reasonable and appropriate measures to keep safe: (i) any device associated with the e-mail address at which he/she registered for his/her account, (ii) any private keys and (iii) the user name, password and any other credential for access or identification relating to his/her account on the Website.

2. The User is responsible for maintaining the confidentiality of the information in his/her account, including passwords and transactions that are published on the account, and should take all reasonable measures to protect his/her account and the Assets and other funds available on the Website, by activating all security procedures available on the Website. Furthermore, the User is liable for any harmful consequence or damage that may arise for TRT or for third parties as a result of incorrect use, loss, theft of such information.

3. The user undertakes to inform TRT immediately in writing to the following email address: legal@therocktrading.com, should he/she become aware of any unauthorized use of his/her account or should he/she become aware of any disclosure of his/her password or other information that could lead to an unauthorized use of his/her account. The user is also obliged to notify TRT in writing immediately regarding any other security breaches.

4. The User is responsible for any activity resulting from any error or negligence in keeping confidential his/her password and other personal information related to his/her account. The User will be held responsible for any loss or damage resulting from any errors or negligence.

5. Should the User breach any of the foregoing provisions, TRT may suspend and subsequently close the account and the User shall be liable for any losses incurred by TRT or any other user of the Website.

10. CLOSURE, SUSPENSION AND BLOCKING OF AN ACCOUNT

1. Without prejudice to what is specified in other clauses of these TECs, TRT may at any time, at its own discretion, without prior notice or explanation, including, without limitation, in the event of attempts to obtain unauthorised access to the Website, for other security reasons or for breaches of TECs or other documents referred to therein, may:
  • suspend, restrict, terminate or close a User's account or the services to which he/she has access;
  • freeze an account, block the use of deposits and the functions of the Website, also on the recommendation of the judicial or tax authorities;
  • terminate the account, without prejudice to the possibility, if permitted by law, for the User to transfer his or her Assets to other accounts;
  • deny access to the Website and/or a User account;
  • take any technical measures or legal action to prevent the user held responsible for breaches from further using the Website and services.

11. DORMANT ACCOUNT

1. In the event that the User's account is dormant for a period of at least 12 months and Assets are available on the account, TRT will require the User to communicate the bank account details in the User's name to which the Assets are to be transferred, once converted, should they not be, into legal tender currency. If the User has not provided TRT with the destination details of the assets, which may have been converted into legal tender currency, despite TRT's reminders and after 30 days from the first notification, TRT shall arrange for the transfer of the available assets by means of the so-called "Real offer". In this case, TRT shall convert the virtual currencies into legal tender currencies independently, if necessary, and in accordance with the terms and conditions set out in the relevant legislation, shall formalize the offer of the sums to the User through a notary public or other public official, and shall then, in the event of failure to accept the offer, deposit the amounts with another bank and notify the User of the deposit at the same time. In cases where this solution is difficult to apply, TRT will seek alternative solutions to establish contact with the User and transfer the sums to the latter. All costs related to these activities are borne by the User.

12. CONFIDENTIALITY AND DATA PROTECTION

1. Upon accessing the Website, TRT (or Google Analytics on behalf of TRT) may place data files called cookies on the computer or other device used to access the Website (so-called technical cookies). TRT makes use of these technologies to recognize Users as occasional users or registered users, to customize the Website and advertising, to measure promotional effectiveness and to collect information on the computer or other access devices, to reduce risks, to help prevent fraud and to promote trust and confidence.

2. Users are invited to read carefully the privacy policy which also applies in the event of Users accessing or registering to the Website without using the relevant services. The privacy policy specifies how TRT collects and uses personal data for whatever purpose.

13. LIABILITIES AND WARRANTIES

1. TRT makes no representations or warranties with regard to the "legal disclaimer" on the Website.

2. The Website is supported by appropriate security measures based on current standards.

3. TRT (and/or its members, and/or banking and financial partners, and/or employees and/or partners) cannot be considered liable for loss or damage to Users' computers during use of the Website, or for incorrect or inappropriate use of the Website by third parties, or due to the hosting service provider.
TRT shall not be liable for any damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, or any other loss resulting from negligence or willful misconduct or misuse of the Website by the User.
Risks arising from the use of the services of the Website are the sole responsibility of the User.

4. TRT is not responsible for any damage resulting from the inaccessibility of the services on the Website or from any damage caused by viruses, damaged files, errors, omissions, interruptions to service, content erasure, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or faulty functioning of the User's equipment.

5. TRT is not responsible for delays or shortcomings in the process of transfer of funds by the banking system, or in the verification of transactions by the networks underlying each virtual currency.

6. TRT cannot be considered liable if it temporarily suspends deposits or credits for force majeure events.

7. These TECs do not exclude or limit liability for fraud, breach of TECs, or any other liability which cannot be limited or excluded by law.

8. Notwithstanding the above, where and if applicable, TRT's overall liability - in relation to claims based on damaging events that are the immediate and direct consequence of the use of the Website and/or the services by the individual User, both for contract and for any offence (including negligence) - may in no case exceed: (a) Assets available on the account minus any amount for commissions and fees payable by the user; or alternatively (b) 100% of the amount of the transactions claimed by the user in the agreed form and within the agreed terms, minus any amount for commissions and fees due to TRT and payable in relation to such transaction(s).

14. NETWORK SERVICES PROVIDED BY THIRD PARTIES

1. The existence of a link to other sites, or the use of services or applications provided by third parties, including the hosting service, does not in any case imply the existence of any relationship between TRT and the owner of the website or portal from which or to which the link is made, or through which the use of the Website is determined.

2. TRT is not responsible for the contents or services made available to the public on the Website through the hyperlink, or through the use of applications provided by third parties. Furthermore, TRT assumes no responsibility for damage or loss resulting from the content, information, opinions, products and services offered on other websites accessible via links on the Website.

3. TRT is not responsible for the use of such third party services, links or applications by its own Users and for any release of confidential information by these Users.

4. TRT is entitled to revoke, at any time and without notice, any link to other websites and/or the accessibility of third party applications through its Website.

5. Links and contents of the Website are attributable only to TRT with reference to contents directly managed by TRT, as specified in these TECs, since the latter is not able to manage information linked to third party websites and/or applications, or is legitimately entitled to represent acceptance of other information or services offered on a linked website. The User is therefore recommended to pay attention when connecting to third party websites, through the links on the Website and is encouraged to read carefully their terms of use and privacy regulations.

15. AMENDMENT OF TECs AND DOCUMENTS REFERRED TO THEREIN

1. TRT is entitled to modify or integrate all or part of these TECs, the commissions and the documentation referred to therein, at any time and at its complete and exclusive discretion. New TECs are binding as soon as they are published on the Website, in the dedicated section.

2. The User will be notified of any changes in advance through his/her account or by email and is invited to accept the same. Following such notification, it is User's responsibility to review the terms of the amended conditions.

3. In the event of refusal or delay in accepting the changes, TRT shall be entitled to close, suspend or block the user account in accordance with Art. 10. The user accepts and acknowledges from now on that TRT cannot in any way be held liable towards the User and/or third parties for the suspension or termination of the Website services due to the customer's refusal to accept the amendments.
The use of the Website following the publication of a notice of modification implies, however, acceptance of the modifications by the User and all subsequent transactions carried out by the latter are subject to the new contractual terms.

16. SETTLEMENT OF DISPUTES

1. Users resident in an EU State, for all disputes or claims arising out of or in connection with these TECs, including disputes relating to their validity, breach, resolution or voidness, and for any disputes or claims arising out of or in connection with the use of the Website, may benefit from online dispute resolution through the use of the ODR platform, provided by the European Committee, allowing, within 30 days, in agreement with TRT, to identify the out-of-court settlement authority having jurisdiction in Italy, as well as to use the procedure made available by the said authority directly through the platform concerned, available in all EU languages.

2. Before accessing the ADR procedure referred to in the previous paragraph, the User undertakes to submit a complaint directly to TRT by email to legal@therocktrading.com. TRT is entitled to reply within 60 days following the date of receipt of the complaint by the User.

GLOSSARY

Assets Availability: transfer of virtual or legal tender currencies owned by the User on a dedicated account.
Virtual Currency Services Provider: any natural or legal person providing services to third parties, on a professional basis, for the use, exchange, storage and conversion of virtual currency from or into legal tender;
Website: www.therocktrading.com;
TEC: terms and conditions of use of the Website and The Rock Trading Services;
TRT: The Rock Trading S.r.l., with registered office at Galleria del Corso, 2, 20122, Milan, Tax Number - VAT Number : IT-10120840961, registered with Milan Companies Register No. 2507359;
Virtual currencies: digital representation of value, not issued by a central bank or public authority, not necessarily linked to a legal tender currency, used as a means of exchange for the purchase of goods and services and transferred, stored and electronically negotiated.
Last Update: 26-Apr-2018 12:00am