Terms and Conditions
Last updated on: 19th June 2019
These are the terms of service for the service provided by House.MT. If you want to make use of any of the services provided by House.MT you must agree to these terms by checking the check box that indicates your acceptance of these terms and conditions on registration.
“Account” shall mean an account with House.MT to use the Services.
“House.MT”, “Us”, “We” or “Our” shall mean House.MT (house.mt).
“Data”, “Content” or “Materials” shall mean content, data, information, know-how and confidential information relating to Your business or store, some of which may not be publically available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries’ business, system, processes, software and services as the case may be.
“Terms” or “Agreement” shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with House.MT.
“You”, “Your” or “Account Owner” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who is agreeing to be legally bound to the terms contained in this Agreement.
“Service” or “Services” shall mean the commercial services that We offer to You and which are set out in detail on the Website.
“Subscription” shall mean one of the different subscription packages through which You can use the Services
“Website” shall mean the website hosted at an IP address corresponding to the domain https://house.mt
2.1 Subject to your payment of the Fees, we grant you the right to make use of our Services in accordance with these Terms.
2.2 We will provide the Services to you in accordance with these Terms provided that you have paid the Fees when they were due, and that you have agreed, and complied with your obligations under these Terms.
2.3 The Services are only provided to persons who can form a legally binding contract under the applicable law.
3. Account Terms
3.1 You must be over 18 years of age or at least the age of majority in the jurisdiction where you reside, or from which you use these Services in order to be able to have an account with House.MT.
3.2 You acknowledge that House.MT will use the email address provided as the primary source of communication. And you are responsible to make sure that the email is correct and up-to-date.
3.3 The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms and Conditions and will be the person who is authorized to use, update and change the Subscription for the account provided by House.MT.
3.4 If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.
3.5 You are responsible for using a secure password as suggested by our guidelines when registering the account. You are also responsible for keeping this password secure. House.MT cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You agree to immediately notify Us of any unauthorized use of Your password or any similar breach of security.
3.6 You are responsible for all the activity and Content on your account.
3.7 A breach or violation of any terms in this Agreement as determined in sole discretion of House.MT will result in an immediate termination of your Services.
4. General Conditions
4.1 You acknowledge and agree that House.MT may amend these Terms of Service at any time by posting the relevant amended and restated Terms and Conditions on House.MT’s website, such amendments to the Terms and Conditions are to be effective as of the date of posting. You will also be notified via email of such amendments at least 7 calendar days before posting. Your continued use of the Services after the amended Terms and Conditions are posted on House.MT’s website constitutes your agreement to, and acceptance of, the amended Terms and Conditions. If you do not agree to any changes to the Terms and Conditions, you are asked to stop using House.MT’s Services.
4.2 You may not use any of the Services provided by House.MT for an illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction, or the laws of Malta. Failure to doing so may result into Account termination with immediate effect.
4.3 House.MT and You as a client are independent businesses that are not operating in partnership or in any kind of principal/agent or employer/employee relationship, nor in any other relationship of trust to each other.
5. Limitation of Liability
5.1 We will not be liable to You for our failure to deliver any of our Services for any reason that is beyond our reasonable control.
5.2 House.MT does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5.3 House.MT does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
5.4 In no event shall House.MT or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms and Conditions. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, House.MT partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates, or your violation of any law or the rights of a third party.
5.5 You expressly understand and agree that House.MT shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, turnover, goodwill (whether direct or indirect), business opportunities, anticipated savings, data or other intangible losses resulting from the use of or inability to use our Services.
5.6 You understand the use of the Services provided by House.MT is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or conditions, express, implied or statutory.
6. Waiver and Complete Agreement
6.1 The failure of House.MT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
7. Intellectual Property Rights
7.1 We do not claim any intellectual property rights over the Materials you provide to House.MT Services. All Materials you upload remains yours.
7.2 By uploading Materials, you agree to allow other internet users to view the Materials uploaded to House.MT services. You agree that House.MT can review all the Materials submitted to its Service, although we are not obligated to do so.
7.3 House.MT shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your account to promote the Service. If you would like to refrain from allowing us to use such information you must write to us via email to [email protected]
8. Data Processing
8.1 You understand that your data (not including credit card information) may not be transferred over secure connections. The data may be transmitted over various networks to conform and adapt to any technical requirements of connecting networks or devices.
9. Fees and Payment
9.1 You agree that to reply with a quote to a request on the system you will utilize credits. Credits are purchased upfront and are only used when you, the service provider, decides to initiate communication with the requester. No credits are used for receiving the requests.
9.2 We reserve the right to suspend our Services or to terminate the Contract and the Account if you do not pay the Fees when they are due. We may, at our discretion, suspend the provision of the Services to You temporarily for the duration of any period in which the payment of Fees is overdue and will not be obliged to repay any portion of the Fees paid or to reduce the Fees chargeable for any period during which the Service has been suspended.
9.3 Credits are non-refunds.
10. Cancellation and Termination
10.1 You may cancel your Account at any time by following the instructions in the dashboard provided by House.MT.
10.2 Upon termination of the Services by either party for any reason:
10.2.1 House.MT will cease providing you with the Services and you will no longer be able to access your Account
10.2.2 You will no longer have access to the data stored on your account
10.2.3 You will not be entitled to any refunds of any Fees, pro rata or otherwise.
10.2.4 Any outstanding balance owed to House.MT for your use of the Services through the effective date of such termination will immediately become due and payable in full.
10.3 We reserve the right to modify or terminate any of House.MT’s Services or Your Account for any reason, without prior notice at any time.
11.1 All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
12. Governing law and jurisdiction
12.1 These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
For further information about these Terms, please contact us at [email protected]