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    Terms

 

GENERAL TERMS. Jewellers trade operates the www.jewellerstrade.com Web site (the "Site"). This Membership Agreement is effective upon receipt and acceptance of a Member Application Form by jewellers trade and shall continue until either party terminates the Agreement. It constitutes a contract between you (the "Member") and, jewellers trade and govern the use of the Site. Either party may terminate this Agreement at any time, for any reason, upon written notice to the other party. Member agrees that , jewellers trade in its sole discretion, shall have the right to terminate Member's access to the Site at any time, for any reason, and that jewellers trade shall not be obligated to disclose such reason to Member. Termination of Member's access to the Site is sufficient notice of termination of this Agreement.

LOCATION OF SITE. Jewellers trade operates the Site from its offices located in Birmingham England. Those choosing to use the Site do so on their own initiative, and it is their responsibility to conform to all applicable local laws. Any claim related to the Site and the elements it contains, or arising from the use of the Site, is governed by the applicable laws in the United Kingdom.

ACCESS AGREEMENT. This Agreement is not a transfer or a license of any of jewellers trade’s rights. By accessing the Site, Member expressly acknowledges acceptance of the terms of this Agreement. Member agrees that jewellers trade has the right to deny any individual access to the Site. Unauthorized access to the Site is expressly forbidden. The Site is protected under Copyright Laws.

RESTRICTIONS RELATED TO USE. Except as otherwise specified in one or another section of the Site, no element of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted by any means, without prior written permission of jewellers trade or the owner of the copyright. You are permitted to display or download Site elements, but only for non-commercial purposes and only as long as you do not modify these elements and retain all copyright and other proprietary notices that they contain. The trademarks and logos used or displayed on the Site are trademarks, registered or not, by jewellers trade or third parties. Nothing in the Site may be interpreted so as to grant, directly or indirectly, the use of a trademark reproduced on the Site without the prior written permission of the trademark owner. The copy or reproduction of any software made available by jewellers trade (the "Software") is strictly forbidden jewellers trade reserves all rights not expressly allocated hereunder. The provisions of this section shall survive the termination of this Agreement.

CONFIDENTIAL DISCLOSURE. Member understands and agrees that information disclosed through the Site includes trade secret and proprietary information belonging to jewellers trade. Member agrees not to copy or disclose to third parties, in whole or in part, any portion of the information or Software. Member also agrees that all username and password supplied to the Member are non-transferable and may only be used by those parties expressly named in this Agreement. The provisions of this section shall survive the termination of this Agreement.

LIMITATION OF LIABILITY. THE SITE AND THE ELEMENTS IT CONTAINS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, JEWELLERS TRADE DISCLAIMS ALL RESPONSIBILITY AND PROVIDES NO GUARANTEE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ASSUMES NO LIABILITY FOR LOSSES INCURRED IN THE USE OR APPLICATION OF THE SOFTWARE OR THE DATA CONTAINED THEREIN. IN ADDITION, JEWELLERS TRADE MAKES NO REPRESENTATION WITH REGARD TO THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE ELEMENTS REPRODUCED ON THE SITE, OR WITH REGARD TO THE RESULTS OBTAINED FROM THE USE OF SUCH ELEMENTS. WHILE JEWELLERS TRADE DOES EVERYTHING POSSIBLE TO ENSURE THAT THE SITE CONTAINS NO ERRORS, JEWELLERS TRADE DECLINES ALL RESPONSIBILITY WITH REGARD TO ANY ERROR THAT MAY BE FOUND ON THE SITE. JEWELLERS TRADE, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES, BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, RELATED TO USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF DATA OR PROFIT RESULTING FROM USE OF THE ELEMENTS OF THE SITE, OR FROM THE INABILITY TO USE THESE ELEMENTS AND ANY DAMAGES ARISING OUT OF THE SALE, SERVICE, FURNISHING PERFORMANCE OR USE OF ANY INFORMATION, DATA OR MATERIALS SOLD OR PROVIDED UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

USE OF THE INFORMATION. Jewellers trade uses the information collected from the site only to better serve its members. Among the information, member's name, address, telephone number, fax number, email address, "For Sale messages" and "Wanted messages" information are available to all members. Every member may also have access to the information related to the searches for parts made by a member through the "Database Search" function.

Jewellers trade will not distribute or make known the inventory of Member except through the use of the functions on Site, or the "Inventory Power" search engine. In addition, the complete inventory of Member cannot be downloaded or made available to another member or third party. The information associated to Member's "Direct Messages" is strictly confidential and is available only to the members to which it is destined. All information referring to Member's use of the Site and/or features is highly confidential and is not shared with third party companies or individuals. Furthermore, all activities such as spamming, multiple posting of same for sales messages or wanted messages etc. and any other abuse of existing functionalities will not be tolerated. As a condition of Member’s use of the Site, Member warrants to that Jewellers trade it will not use the Site for any purpose that is unlawful or prohibited by this Agreement and by the applicable laws.

SERVICE FEES. Member agrees that Jewellers trade, in its sole discretion, shall have the right to modify any portion of its fee structure for any reason, at anytime without prior notice.

APPLICABLE LAW. By using the Site, you agree to comply with all applicable laws and all applicable regulations. This Agreement, and all related transactions, shall be governed by the laws of the United Kingdom. The parties hereby agree to the exclusive jurisdiction of the courts of the United Kingdom.

MISCELLANEOUS

Amendments. Jewellers trade may modify the terms and conditions of this Agreement at any time, without prior notice, by posting the amended terms and conditions on the Site, such posting constituting notice. All amended terms shall be effective immediately upon such notice.

Waiver of Rights. No failure on the part of any party to exercise or to fully exercise, any right under this Agreement shall operate as a waiver of such right. No single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. Any waiver of, or consent to depart from, the requirements of any provision of this Agreement shall be effective only if it is in writing and signed by the party giving it, and only in the specific instance and for the specific purpose for which it has been given.

Severability. If any provision of this Agreement shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision and such jurisdiction and shall not in any manner affect or render invalid or unenforceable such provision in any other jurisdiction or any other provision of this Agreement in any jurisdiction.

Commitment to do any other act. The parties hereby commit to sign any documents and to fulfil any other requirements to give full effect to the present Agreement.

Successors. This Agreement shall endure to the benefit of and shall be binding upon parties hereto and the successors or permitted assigns of each.

Headings. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

QUESTIONS. Should you have any questions concerning the present Membership Agreement, please contact us.

ENGLAND:

Jewellers trade is protected by TradeLock Password Protection © Copyright 1996-2006 - All Rights Reserved.

Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the User Agreement.

Payment must be sent on receipt of goods and payment will be made as soon as funds are cleared.

 
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