Welcome to BeRocket

1. Hi, we’re BeRocket and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘BeRocket’ it’s because that’s who we are and we own and run the BeRocket site.

2. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the BeRocket sites is conditional on your acceptance to be bound by these terms.

3. The items on BeRocket are owned by us. We provide a platform; we take ownership of the items and get any rights to use the items.

How browsing and membership works

4. Browsing: You need to be 13 years or over to browse the BeRocket site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our site whether or not you’re a member.

Membership

5. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission and this adult will be responsible for all your activities.

6. Benefits: Membership is free. When you become a member you get an BeRocket account. Your membership will allow you to ‘buy’ (license) items from BeRocket and participate in our support forums.

7. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address). Your membership is not transferrable. You are responsible for any use of the BeRocket site that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our site so please take the time to review this section and the BeRocket Terms carefully.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on BeRocket.

8. What you're buying:

  1. License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the BeRocket to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on BeRocket. Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license for your requirements.
  2. Item support: BeRocket can choose whether or not to support certain items.  All supported items include a support period.
  3. Buyer services: When you ‘buy’ an item you also receive services from BeRocket like buyer support and other related buyers services.

9. The total price for an item on BeRocket is made up of:

  1. Item price: The item price is made up of a license fee (for the license you choose for the item).
  2. Handling fee: In some transactions on BeRocket the total price may include a handling fee. See handling fee for the details about the handling fee.
The list price is made up of the item price and buyer services fee, and is the price you see on an item page.

Transacting as a buyer:

10. You can make payments in one way: you can 'Add to cart' and then open cart and 'Buy'.

11. When you buy items you will be redirected to a payment method provider (a ‘payment agent’), and you may be required to pay a handling fee charged over the item price.

12. Currency conversion costs: You are responsible for all costs of currency conversion relating to your BeRocket account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from BeRocket, which we have no control over.

13. Terms of buying: When you buy an BeRocket item you’re doing so on the following terms:

  1. you promise to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we do not promise that any particular item will continue to be available on BeRocket so you should download and save the item as soon as you buy it;
  4. once you buy an item and you pay the item price, you acquire a non- exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. BeRocket retains ownership of the item;
  6. your relevant details may be provided to BeRocket in order to facilitate the transaction, for example for invoicing and item support services;
  7. we have the right to enforce against you the terms of the license that you have acquired from an BeRocket.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

14. What BeRocket promise you about items: BeRocket promises you that:

  1. BeRocket own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
  2. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  3. the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  4. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

This is what BeRocket is promising you when you buy an item.

15. Taxes:

  1. Prices and fees are inclusive of transactional taxes where relevant (like sales tax, VAT and GST), except for the following (which will be added as part of the total price buyers see before finalising a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
  2. You are responsible for paying all other fees and taxes associated with your use of BeRocket wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

16. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be refunded and you must not use the item.

Refunds

17. Given the nature of downloadable digital items, we do not generally offer a refund on a purchase unless required relevant consumer protection laws.

18. We will assess refund requests on their merits, considering the digital nature of BeRocket items and the type of item preview that was available before purchase. There is no obligation to provide a refund in situations like the following:

  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed from BeRocket (we advise you to download items as soon as you buy them to avoid this situation).

19. If we decide to issue a refund, this will be done using the same manner used to make the purchase. So if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.

It is important that you understand how refunds work on BeRocket.

20. For refunds you need: create post on items support page with detailed explanation or send message via Contact Us page with plugin name and detailed explanation.

Intellectual Property

21. What we own: We own all the BeRocket contents that we have put on BeRocket (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the BeRocket site, and copyright, trademarks, designs and other intellectual property on BeRocket. We own all the trademarks, logos, service marks and trade names on BeRocket (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our BeRocket Content or use any of our intellectual property in any way not expressly stated in these terms.

22. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that members do the same.

Our use of your information

23. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us in connection with providing the BeRocket site and their services, including marketing activities.

24. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the BeRocket will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the BeRocket, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the BeRocket to any other person.

Playing fair

25. Prohibited Conduct: BeRocket is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on BeRocket but you promise that you will not:

  1. use a false email address, impersonate others, or misrepresent your affiliation with others;
  2. attempt to gain unauthorised access to computer systems or content through the BeRocket;
  3. attempt to contact other members through the BeRocket or use any information gained from the BeRocket with the intention to make a private arrangement that would otherwise be made using the BeRocket;
  4. enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms;
  5. use information gathered from or through the BeRocket in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site);
  6. attempt to or actually interrupt, negatively impact or alter the BeRocket operation in any way;
  7. use the BeRocket or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
  8. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the BeRocket, other than in accordance with these terms or the license for the item.

26. We strongly recommend that you don’t make your contact details public on the BeRocket or in any communications via the BeRocket site. Contact details include your name, email address.

27. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the BeRocket and any content might result in liability to us or anyone else.

Linking apps made by others

28. Linking to the BeRocket: We’d be delighted if you decide to link to BeRocket from other sites but you have to link to a full version of a page as seen by someone navigating directly to the BeRocket site and looks the way we’ve intended and not link directly to an image hosted on BeRocket. That includes no “in-line” linking methods resulting in images hosted on BeRocket being displayed on other sites. You must not “frame” any BeRocket pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the BeRocket be discontinued, and to revoke your ability to link to the BeRocket.

29. Links from the BeRocket: The BeRocket site may contain links to other sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

30. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with BeRocket. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

31. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for site members who follow our reasonable rules and treat other site members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of BeRocket complies with these terms. We can suspend or terminate your BeRocket account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms. If we do decide to permanently terminate your BeRocket account you must not apply for a new account as unfortunately you will no longer be welcome in our site.

Our indemnity to you

32. We provide BeRocket and the items on BeRocket. We are liable and responsible for:

  1. our use of the BeRocket;
  2. the services, messages, BeRocket Content, software or other information we send through BeRocket;
  3. BeRocket Content breaching of any intellectual property rights belonging to others;
  4. our breach of these terms;
  5. our breach of any industry code, regulation or law that applies.

Your indemnity to us

33. You are liable and responsible for:

  1. your use of the BeRocket;
  2. the items, message, content, information, software or other materials you send through BeRocket;
  3. your content breaching any intellectual property rights belonging to others;
  4. your breach of these BeRocket Terms;
  5. your breach of any license of an item;
  6. your breach of any industry code, regulation or law that applies.

34. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous Your indemnity to us and you agree to indemnify us, our directors, officers, employees and agents from all losses.

This means that you protect us from costs and claims that happen because of your actions on the site.

35. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

36. Availability: We strive to have the BeRocket available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the BeRocket, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how BeRocket works. We will not be liable to you for any loss you suffer as a result of these things.

37. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

38. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option, to either replacement or paying the cost of replacement.

39. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.

40. Changes to BeRocket Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.

41. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

42. Applicable Laws: We control and operate the BeRocket from our offices in Ukraine. The laws of Ukraine govern these user terms, and you submit to the jurisdiction of the courts there.

Definitions

Buy:

includes downloading an item that is made available for free on BeRocket or that is purchased for you by another member.

Buyer:

a member who ‘buys’ items on BeRocket.

BeRocket content:

is all the content that we have put on BeRocket site and includes the design, compilation, and look and feel of the BeRocket, and copyright, trademarks, designs and other intellectual property on the BeRocket (unless otherwise stated and excluding content owned by others).

BeRocket:

When we refer to the ‘BeRocket’ we’re talking about BeRocket site

BeRocket account:

what you receive when you become a Member which gives you access to BeRocket site.

Handling fee:

the fee buyers may pay when using a payment method.

Item price:

the price buyers pay for the license to use an item.

Item support:

the support an BeRocket agrees to provide for an item.

Items:

digital goods found on BeRocket like WordPress plugins, WordPress themes and other.

List price:

the price you see on an item page on BeRocket, which is made up of the item price and buyer services fee.

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to BeRocket.

Payment method:

any payment agent.

Total price:

the price the buyer will pay in total, which consists of the item price, BeRocket's buyer handling fee (if applicable) and any taxes that may be added.

Your content:

everything that you post on the BeRocket, or send via the BeRocket to other members and to us including items, files, communications and materials.