Terms and Conditions for Access to The Basilica of Mosta Content

Effective Date: 28 July 2025

Please read these Terms and Conditions carefully before making a donation and accessing the digital content related to The Basilica of Mosta. By making a donation and proceeding to view the content, you agree to be bound by these Terms and Conditions, our Privacy Policy, and our Cookie Policy. If you do not agree with any part of these terms, please do not proceed.

1. Definitions

  • “Foundation” refers to The Rotunda Foundation, the entity responsible for the maintenance and preservation of The Basilica of Mosta.

  • “User,” “You,” “Your” refers to the individual accessing or attempting to access the digital content.

  • “Website” refers to the online platform through which the digital content of The Basilica of Mosta is made available.

  • “Content” refers to all digital materials, including but not limited to images, videos, virtual tours, text, and other media related to The Basilica of Mosta, accessible via the paywall system.

  • “Donation” refers to the monetary contribution made by the User to the Foundation to gain access to the Content.

2. Acceptance of Terms

By clicking “Pay by Card” or any similar button to make a Donation and access the Content, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

3. Donations and Payments

  • Nature of Donation: Your payment is a voluntary donation to The Rotunda Foundation, intended to support the ongoing maintenance, preservation, and restoration efforts of The Basilica of Mosta, and to fund related educational programmes. While access to the Content is contingent upon this Donation, it is primarily a charitable contribution.

  • Payment Process: Donations are processed through a secure third-party payment gateway. The Foundation does not directly collect or store your full payment card details.

  • Donation Amount and Access: The specified donation amount (e.g., €1.00 for a single purchase) grants you access to the Content for a limited period, as indicated at the point of donation (e.g., “Access lasts for 24 hours”).

  • Refund Policy: All Donations are generally non-refundable. In the event of a technical error resulting in an unintended duplicate payment or if you are unable to access the Content due to a verified technical issue on our part, please contact us at [email protected] within 7 days of the Donation to discuss a potential resolution. Each request will be reviewed on a case-by-case basis.

  • Security: We employ reasonable security measures to protect your personal and payment information during the transaction process. However, no online transaction can be guaranteed to be 100% secure.

4. Access to Content

  • Grant of Access: Upon successful processing of your Donation, the Foundation grants you a limited, non-exclusive, non-transferable, revocable licence to access and view the Content for the specified duration (e.g., 24 hours).

  • Permitted Use: The Content is provided solely for your personal, non-commercial viewing and enjoyment.

  • Prohibited Uses: You agree not to:

    • Copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any part of the Content.

    • Circumvent, disable, or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content.

    • Use the Content for any commercial purpose, including but not limited to selling, licensing, or otherwise exploiting the Content for profit.

    • Attempt to gain unauthorised access to any part of the Website, other accounts, computer systems, or networks connected to the Website.

5. Intellectual Property Rights

  • All intellectual property rights, including copyrights, trademarks, and other proprietary rights in the Content, the Website, and The Basilica of Mosta itself, are owned by or licensed to The Rotunda Foundation.

  • The names, logos, and trademarks displayed on the Website are the registered and unregistered trademarks of The Rotunda Foundation or third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on the Website without the written permission of The Rotunda Foundation or such third party that may own the trademarks displayed on the Website.

6. User Obligations

  • You warrant that all information you provide during the donation process is accurate, current, and complete.

  • You agree to comply with all applicable laws and regulations in your use of the Website and Content.

  • You are responsible for maintaining the confidentiality of any access credentials provided to you and for all activities that occur under your access.

7. Disclaimer of Warranties

The Website and Content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Foundation does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by applicable law, The Rotunda Foundation, its directors, employees, agents, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Content; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Indemnification

You agree to defend, indemnify, and hold harmless The Rotunda Foundation and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Website and Content, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted by you on the Website.

10. Privacy Policy

Your use of the Website and Content is also governed by our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. Please review our Privacy Policy [Insert Link to Privacy Policy Here] to understand our practices.

11. Changes to Terms

The Foundation reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

12. Termination

We may terminate or suspend your access to the Content immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Malta, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the courts of Malta.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and The Rotunda Foundation regarding your access to and use of the Content.

16. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: [email protected]

Disclaimer: This document is a general template and should not be considered legal advice. The Rotunda Foundation must consult with legal professionals in Malta to ensure these terms are fully compliant with all applicable Maltese and European Union laws and regulations, especially regarding e-commerce, consumer rights, and data protection (GDPR). Specific details, such as the exact duration of access and refund policy, should be tailored to the Foundation’s specific operational model.