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TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

 

AGREEMENT TO OUR LEGAL TERMS

 

 

We are Jade Jewellers (Retail shop), in Malta at 23A Vjal il-Helsien, Zebbug, Malta ZBG2072.VAT number  MT11993620.

Weoperatethewebsitehttp://www.jadejewellersmalta.com (the'Site'),aswellasanyother related products and services that refer or link to these legal terms (the 'LegalTerms') (collectively,the'Services').

We provide the latest jeweller ytrends and designs

You can contact us by phone at +356463833 ,email  [email protected],or by mail to 23A Vjal il-Helsien ,Zebbug ,ZBG2072 ,Malta.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') ,and Jade Jewellers ,concerning your access to and use of the Services. You agree that by accessing the Services, you have read,understood ,and agreed to be bound by all of the Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. In our sole discretion,were serve the right to make changes or modifications to the service Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated'date of these Legal Terms, and you waive any right to receive specific notice of eachsuch change. You are responsible for periodically reviewing these Legal Terms to stayinformed of updates. You will be subject to, and will be deemed to have been madeaware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.The Services are intended for users who are at least 18 years old .Persons under the age of 18are not permitted to use or register for the Services. Were commend that you print a copy of the se Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PRODUCTS
  5. PURCHASES AND PAYMENT
  6. RETURN POLICY
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENCE
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERN IN GLAW
  15. DISPUTERE SOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONICCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. MISCELLANEOUS
  23. CONTACT US

1.  OUR SERVICES

The information provided when using the Services is not intended for distribution or use by anyperson or entity in any jurisdiction or country where such distribution or use would be contrary tolaw or regulation or which would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to access the Services fromother locations do so on their own initiative and are solely responsible for compliance with locallaws,ifand tothe extentlocallaws areapplicable.

2.  INTELLECTUAL PROPERTY RIGHTS Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including allsource code, databases, functionality, software, website designs, audio, video, text,photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks,and logos contained therein (the'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various otherintellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercialuse only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES'section below,we grant you a non-exclusive,non-transferable,revocable license to:

access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the services and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express prior written permission.If you wish to make any use of the Services, Content, or Marks other than as set out in this section or else where in our Legal Terms, please address your request to:[email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor so the Services,Content,or Marks and ensure that any copyright or proprietary notice appear sor is visible on posting, reproducing, or displaying your content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to usingour Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, orother information about the Services ('Submissions'), you agree to assign to us all intellectualproperty rights in such Submission. You agree that we all own this Submission and be entitledto its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post,send, publish, upload, or transmit through the Services any submission that is illegal, harassing,hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,sexually explicit,false,inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

warrant that any such Submission is original to you or that you have the necessary rights andlicenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your submissions;and warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us forany and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights,or (c) applicable law.

3.  USER REPRESENTATIONS

By using the Services,you represent and warrant that:

(1)  you have the legal capacity and you agree to comply with the se Legal Terms;

(2)  you are not a minor in the jurisdiction in which you reside

; (3) you will not access the Services through automated or non-human means, whether througha bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current or future use of theServices(or any portion thereof).

4.  PRODUCTS

We make every effort to accurately display the colors, features, specifications, and details of theproducts available on the Services. However, we do not guarantee that the colors, features,specifications, and details of the product will be accurate, complete, reliable, current, or free ofother errors, and your electronic display may not accurately reflect the actual colors and detailsof the products. All products are subject to availability, and we cannot guarantee that the items will be in stock.We reserve the right to discontinue any products at any time for any reason.

Prices for all products are subject to change.

5.  PURCHASES AND PAYMENT

We accept the following forms of payment:

-Visa

-Mastercard

You agree to provide current, complete, and accurate purchase and account information for allpurchases made via the Services. You further agree to promptly update account and paymentinformation, including email address, payment method, and payment card expiration date, sothat we can complete your transactions and contact you as needed. Sales tax will be added tothe price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our solediscretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the samepayment method, and/or orders that use the same billing or shipping address. We reserve theright to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,  resellers,or distributors.

6.  RETURN POLICY

All sales are final and no refund will be issued.

7.  PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial end eav or s exceptthose that are specifically end or se d or approved by us.

As a user of the Services,you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly orindirectly, a collection, compilation, database, or directory without written permission from us.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the services,including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and / or the Content contained there in.

Disparage,tarnish,or other wise harm,in our opinion,us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.Use the Services in a manner in consistent with any applicable law so rregulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,including excessive use of capital letters and spamming(continuous posting of repetitive text),that interferes with any party uninterrupted use and enjoyment of the Services or modifies,impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments ormessages, or using any data mining, robots, or similar data gathering and extraction tools.Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive oractive information collection or transmission mechanism, including without limitation, cleargraphics interchange formats ('gifs'), 1×1pixels, web bugs, cookies, or other similar devices(sometimes referred to as spyware or'passive collection mechanisms'or'pcs').

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to theServices,or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript,or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up apart of the Services.

Except as may be the result of a standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including without limitation, any spider,robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting user names and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user  accounts by automated mean so underfalse pretenses.

Use the Services as part of any effort to compete with us or otherwise use the services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Sell or other wise transfer your profile.

Use the Services to advertise or offer to sell goods and services.

8.  USER-GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or on the Services, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites.As such,any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing,downloading, or copying of your Contributions do not and will not infringe the proprietary rights,including but not limited to the copyright, patent, trademark, trade secret, or moral rights of anythirdparty.

You are the creator and owner of or have the necessary licenses, rights,consents,releases,and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and the se Legal Terms.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate,or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials,pyramidschemes,chainletters,spam,mass mailings,or other form so solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous,or otherwise objectionable (as determined by us).

Your Contributions do no tridicule,mock,disparage,intimidate,or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.

Your Contributions do not violate any applicablelaw,regulation,or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or other wise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of the se Legal Terms, orany applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in,among other things,termination or suspension of your rights to use thes ervices.

9.  CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any information andpersonal data that you provide following the terms of the Privacy Policy and your choices(including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions tothe Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10.  SERVICES MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Services for violations of theseLegal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,violates the law or the se Legal Terms, including without limitation, reporting such user to law

enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict accessto, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessivein size or are in any way burden some to our systems, and (5) otherwise manage the Services ina manner designed to protect our rights and property and to facilitate the proper functioning ofthe Services.

11.  PRIVACY POLICY

We care about data privacy and security. Please review o ur Privacy Policy:www.jadejewellersmalta/privacy.By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Malta. If you access the Services from any other region of the world with laws orother requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malta, then through your continued use of the Services, you are transferring your data to Malta, and you expressly consent to have your data transferred to and processed in Malta.

12.  TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUTLIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHTTO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE LIABILITY, DENY ACCESS TOAND USE OF THE SERVICES, TO ANY PERSON FOR ANY REASON FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THE SE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.WE MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SERVICES OR DELETE

ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name of any third party,even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action,including without limitation pursuing civil,criminal, and injunctive redress.

13.  MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time orfor any reason at our sole discretion without notice. However, we have no obligation to updateany information on our Services. We also reserve the right to modify or discontinue all or part ofthe Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the services, resulting ininterruptions, delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reason without notice toyou. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the services during any downtime or discontinuance ofthe Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections,updates,or releases in connection there with.

14.  GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Malta, and the use ofthe United Nations Convention of Contracts for the International Sales of goods is expresslyexcluded. If your habitual residence is in the EU, and you are a consumer, you additionallypossess the protection provided to you by obligatory provisions of the law in your country to theresidence. Jade Jewellers and yourself both agree to submit to the non-exclusive jurisdiction ofthe courts of Malta, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Malta, or in the EU country in which youreside.

15.  DISPUTE RESOLUTION Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to theseLegal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us(individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt tonegotiate any Dispute (except those Disputes expressly provided below) informally for at leastfifteen (15) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in   Strasbourg,and which are inforce at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shallbe Valletta, Malta. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Malta.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures;and (c)there is no right or authority for any Dispute to be  brought in a purported representative capacity on behalf of the general public or any otherpersons.

Exceptions to Informal Negotiations and Arbitration

 

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;and(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16.  CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the informationon the Services at any time,without prior notice.

17.  DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULL ESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,INCONNECTION WITH THE SERVICES AND YOUR USE THERE OF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANT INSO  REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED  TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS,MISTAKES,OR IN ACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHAT SO EVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,

(5)ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAYBE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPER LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18.  LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO

THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.

19.  INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from and against any loss,damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, madebyany third party due to orarisingoutof:

(1)use of the Services; (2) breach of these Legal Terms; (3) any breach of your representationsand warranties set forth in these Legal Terms; (4) your violation of the rights of a third party,including but not limited to intellectual property rights; or (5)any overt harmful act toward anyother user of the Services with whom you connected via the Services. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusive defense and controlof any matter for which you are required to indemnify us, and you agree to cooperate, at yourexpense, without the defense of such claims. We will use reasonable efforts to notify you of anysuch claim, action, or proceeding which is subject to this indemnification upon becoming awareofit.

20.  USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmitor that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21.  ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to you electronically,via email and on the Services, satisfy any legal requirement that such communication be inwriting. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,POLICIES,AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR

VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of creditsby any mean so the than electronic means.

22.  MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us.Our failure to exercise or enforce any right or provision of these Legal  Terms shall not operateas a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by anycause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment,or agency relationship created between you and us as a result of these Legal Terms or use ofthe Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You here by waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties here to to execute the se Legal Terms.

23.  CONTACT US

 

 

In order to resolve a complaint regarding the Services or to receive further information regarding the use ofthe Services, please contact us at:

Jade Jewellers

23A Vjal il-Helsien

Zebbug, Malta ZBG 2072

Malta

Phone:+356463833

[email protected]