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These terms and conditions (referred to as this "Agreement" or "Terms and Conditions") apply to all products and services supplied by Jewellery Daily Deals
Your use of the Jewellery Daily Deals deals Website (as defined below) and/or placing of an Order with Jewellery Daily Deals shall constitute your acceptance of these Terms and Conditions.
ACCORDINGLY, YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AND, IF YOU DECIDE TO CONTINUE TO USE THE Jewellery Daily Deals DEALS WEBSITE OR DECIDE TO PLACE AN ORDER WITH Jewellery Daily Deals, YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
You may only use the Jewellery Daily Deals deals Website or place an Order if You are 18 years of age or older. If You do not agree with these Terms and Conditions, or if You are under the age of 18, You should immediately refrain from using the Jewellery Daily Deals deals Website and should not place an Order with Jewellery Daily Deals.
Generally, as explained further in Section 19 of these Terms and Condition (below), Jewellery Daily Deals acts as an agent on behalf of Merchants when providing the Voucher Service. As such, any services or products referred to on a Voucher are to be provided by the Merchant (and not by Jewellery Daily Deals) and will be subject to any terms and conditions applicable to that Merchant.
However, as explained further in Section 20 of these Terms and Conditions (below), Jewellery Daily Deals may alternatively provide goods for sale directly to its customers. Such sales will be offered as part of the "JDD Direct" services. Where this is the case, the contract for the provision of the goods shall, if your Order is accepted, be directly between You and Jewellery Daily Deals. Where the Jewellery Daily Deals Direct is applicable, this will be expressly stated as part of the order process on the Jewellery Daily Deals Website. If this is not stated as part of the order process, Jewellery Daily Deals will be providing the Voucher Service to You.
UNLESS EXPRESSLY STATED OTHERWISE ON THE Jewellery Daily Deals WEBSITE, SERVICES AND PRODUCTS WILL BE PROVIDED TO YOU BY THIRD PARTY MERCHANTS AND NOT BY Jewellery Daily Deals .
The following terms when used in these Jewellery Daily Deals deals Terms and Conditions or any document referred to herein shall have the following meaning:
"Affiliate" means in respect of a party, any company or other business entity controlled by, controlling or under the common control of that party and for the purposes of the definition of "Affiliate" "control", shall mean the direct or indirect power to direct or cause the direction of the management and policies of a company or other business entity, whether through ownership of 50% or more of the voting interest, by contract, or otherwise (and "controlling" and "controlled" shall be construed accordingly).
"Jewellery Daily Deals Direct" means Your offer to purchase items offered by Jewellery Daily Deals for sale on the Jewellery Daily Deals deals Website under the headings of 'Jewellery Daily Deals Direct' and, where the context requires, the contract formed by Jewellery Daily Deals's acceptance of such offer.
"Jewellery Daily Deals Direct" means the offering and provision of goods directly by Jewellery Daily Deals to a customer pursuant to the offerings known as the 'Jewellery Daily Deals Direct' as further described in Section 20, excluding, for the avoidance of doubt, the Voucher Services.
"Jewellery Daily Deals deals Website" means any of the websites operated by Jewellery Daily Deals for the provision of the Services, including, but not limited to www.jewellerydailydeals.co.uk and any websites of business affiliates of Jewellery Daily Deals on which Jewellery Daily Deals Vouchers are offered or on which goods are offered by Jewellery Daily Deals to a customer pursuant to the offerings known as the 'Jewellery Daily Deals Direct' as further described in Section 20.
"Merchant" means a merchant offering to sell goods and/or services at a discounted rate via the Voucher Service.
"Order" means a Jewellery Daily Deals Direct and/or a Voucher Order.
"Services" means, collectively, the Voucher Services and the Jewellery Daily Deals Direct and any other services available in the Jewellery Daily Deals deals Website. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the Jewellery Daily Deals deals Website and any entry and participation in giveaways and prize promotions offered from time to time on the Jewellery Daily Deals deals Website.
"We" or "Our" means Jewellery Daily Deals.
"Voucher" means a voucher issued by Jewellery Daily Deals to You on behalf of a Merchant which entitles You to purchase the Merchant's products and/or services at a discounted rate.
"Voucher Order" means Your offer to purchase a Voucher via the Voucher Service.
"Voucher Service" means Jewellery Daily Deals deals' the online discount voucher service operated by "Jewellery Daily Deals" via the Jewellery Daily Deals Website, consisting of information and advertising services, content and transaction capabilities provided by Jewellery Daily Deals, affiliates and business partners of Jewellery Daily Deals and other third parties.
"Web" means the public internet.
"You" means You, the end user of the Service. "Your" shall be construed accordingly.
You acknowledge that interruptions in the Jewellery Daily Deals Website and/or other events may occur that are beyond the control of Jewellery Daily Deals, and that Jewellery Daily Deals shall not be responsible for any data lost while transmitting information on the Web or otherwise. While Jewellery Daily Deals aims to make the Jewellery Daily Deals Website accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Jewellery Daily Deals, access to the Jewellery Daily Deals Website may be interrupted, suspended or terminated from time to time.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Jewellery Daily Deals Website and You will be solely responsible for all charges related thereto and for printing any Vouchers which are purchased as part of the Voucher Service. Jewellery Daily Deals shall not be liable for any damage to Your equipment resulting from Your use of the Jewellery Daily Deals Website or printing of Vouchers.
You are required to create an account in order to use the Jewellery Daily Deals Website. This is required so we can provide You with easy access to print Your Voucher Orders, view Your past purchases, modify Your preferences, and to ensure permissible use of the Jewellery Daily Deals Website and Voucher Service.
You are responsible for protecting the confidentiality of Your password(s), if applicable.
You shall ensure that Your use of the Jewellery Daily Deals Website will at all times be in accordance with all applicable laws. You agree not to post or transmit through the Jewellery Daily Deals Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Jewellery Daily Deals's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in Jewellery Daily Deals's sole discretion restricts or inhibits any other end user of the Jewellery Daily Deals Website from using or enjoying the Jewellery Daily Deals Website is strictly prohibited. You agree not to use the Jewellery Daily Deals Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Jewellery Daily Deals Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Jewellery Daily Deals. For Your protection, Jewellery Daily Deals reserves the right, in its sole discretion, to void or reverse any transaction that Jewellery Daily Deals suspects may be fraudulent. Any Jewellery Daily Deals Cash awarded in connection with such transaction may also be voided or reversed, in the sole discretion of Jewellery Daily Deals.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of Jewellery Daily Deals, its Affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All content located on or in the Jewellery Daily Deals Website is the exclusive property of Jewellery Daily Deals or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE Jewellery Daily Deals WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Jewellery Daily Deals IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and / or criminal penalties.
The Jewellery Daily Deals Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of Jewellery Daily Deals protected by copyright. Jewellery Daily Deals owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Jewellery Daily Deals and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Jewellery Daily Deals Website shall not be deemed to be in the public domain but rather the exclusive property of Jewellery Daily Deals, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Jewellery Daily Deals, unless otherwise stated.
You shall not upload, post or otherwise make available on the Jewellery Daily Deals Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Jewellery Daily Deals does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Jewellery Daily Deals Website, You warrant that the owner of such material has expressly granted Jewellery Daily Deals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant Jewellery Daily Deals the right to edit, copy, publish and distribute any material made available on the Jewellery Daily Deals Website by You.
The foregoing provisions of Section 6 apply equally to and are for the benefit of Jewellery Daily Deals, its Affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
"Jewellery Daily Deals" is a trademark of Jewellery Daily Deals. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Jewellery Daily Deals Website are the property of their respective owners.
EXCEPT FOR (i) THE WARRANTIES WHICH ARE STATED IN THESE TERMS AND CONDITIONS; AND (ii) WARRANTIES WHICH DD IS OTHERWISE REQUIRED TO PROVIDE TO YOU BY LAW (WHICH ARE KNOWN AS YOUR "STATUTORY RIGHTS"), NO OTHER WARRANTIES ARE PROVIDED BY DD IN RELATION TO THE SERVICES.
FOR ANY GOODS WHICH ARE PROVIDED AS PART OF A Jewellery Daily Deals DIRECT ORDER, WE WARRANT THAT THE GOODS ARE OF SATISFACTORY QUALITY AND ARE FIT FOR THE PURPOSE WHICH THOSE GOODS ARE COMMONLY USED.
ALL OTHER WARRANTIES WHICH CAN BE EXCLUDED BY LAW ARE HEREBY EXCLUDED BY Jewellery Daily Deals TO THE MAXIMUM EXTENT PERMISSIBLE.
IN PARTICULAR, NEITHER Jewellery Daily Deals, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE VOUCHER SERVICE OR Jewellery Daily Deals WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE VOUCHER SERVICE OR DDDEALS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, VOUCHER SERVICE OR MERCHANDISE PROVIDED THROUGH THE VOUCHER SERVICE.
NOTHING IN THIS SECTION 8 OR ELSEWHERE IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF ANY PARTY FOR (I) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
FOR THE AVOIDANCE OF DOUBT, AND AS MENTIONED ABOVE, NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.
SUBJECT TO THE FOREGOING STATEMENTS WHERE Jewellery Daily Deals DOES ACCEPT LIABILITY, THE REMAINDER OF THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE THAT THE MERCHANT (AND NOT Jewellery Daily Deals) IS THE PROVIDER OF ANY SERVICES OR PRODUCTS REFERRED TO IN A VOUCHER. ACCORDINGLY, EXCEPT AS DESCRIBED ABOVE, IN NO EVENT SHALL Jewellery Daily Deals, OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VOUCHER WITH THE MERCHANT OR THE Jewellery Daily Deals WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Jewellery Daily Deals NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE (UNLESS THEY HAVE ACTED FRAUDULENTLY OR RECKLESSLY), OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR INDIRECT OR CONSEQUENTIAL DAMAGES.
Jewellery Daily Deals IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE Jewellery Daily Deals WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY Jewellery Daily Deals. FURTHERMORE, Jewellery Daily Deals RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.
You agree to defend, indemnify and hold harmless Jewellery Daily Deals, its Affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of Your use of the Jewellery Daily Deals Website.
Jewellery Daily Deals shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Merchant deals, content, hours of availability and equipment needed for access or use. Further, Jewellery Daily Deals may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Jewellery Daily Deals reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. However, any such changes will not affect any Order which has been placed by You and accepted by Jewellery Daily Deals. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your Order was accepted.
We suggest that You re-read this Agreement from time to time in order that You stay informed as to any such changes. If we make changes to this Agreement and You continue to use the Service, You will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon Jewellery Daily Deals posting them on the Jewellery Daily Deals Website. Any use by You of the Service after such notice shall be deemed to constitute acceptance by You of such modifications.
Jewellery Daily Deals shall have the right, but not the obligation, to monitor the content of the Jewellery Daily Deals Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by Jewellery Daily Deals, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Jewellery Daily Deals shall have the right to remove any material that Jewellery Daily Deals, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. Jewellery Daily Deals does not control or endorse the content, messages or information found in any Community, and, therefore, Jewellery Daily Deals specifically disclaims any liability concerning the Communities and any actions resulting from Your participation in any Community, including any objectionable content. Generally, any communication which You post to Jewellery Daily Deals (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Jewellery Daily Deals as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Jewellery Daily Deals Website, You grant Jewellery Daily Deals the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
Information which you submit as part of the Order process will be used to complete your order and to contact you regarding its progress. It may also be used for any other purpose which you have consented to.
By posting communications on or through the Jewellery Daily Deals Website, You shall be deemed to have granted to Jewellery Daily Deals a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.
Jewellery Daily Deals may terminate this Agreement and/or the continued provision of the Services at any time. However, any such termination will not affect any Order which has been placed by You and accepted by Jewellery Daily Deals. Such Orders will be fulfilled in accordance with the terms of the Agreement that were in effect when Your order was accepted.
Without limiting the foregoing, Jewellery Daily Deals shall have the right to immediately terminate any of Your passwords or accounts in the event of any conduct by You which Jewellery Daily Deals, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
The provisions of this Section 15 as well as Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20 and 21 will survive termination of this Agreement.
Jewellery Daily Deals, similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and end users. Accordingly, Jewellery Daily Deals has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Jewellery Daily Deals. Subject to Section 8, neither Jewellery Daily Deals nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Jewellery Daily Deals Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Jewellery Daily Deals. Jewellery Daily Deals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Jewellery Daily Deals by anyone other.