Terms & Conditions Of Use of JewelConnect

The website www.jewelconnect.com, any store specific JewelConnect website and all associated systems and data (collectively referred to in these Terms and Conditions as "JewelConnect"), are provided by VRB Internet Solutions Ltd. & Incom Technical Solutions Inc. (hereinafter "VRB/INCOM") and are governed by the terms and conditions that follow ("Terms & Conditions"). The Terms & Conditions constitute an agreement between you and VRB/INCOM, and by using JewelConnect, you agree to be bound by this agreement.

VRB/INCOM reserves the right to change or modify the Terms & Conditions at its sole discretion. Any such change or modification will be effective immediately upon being posted on www.jewelconnect.com. Your use of JewelConnect at any time after the Terms & Conditions have been changed or modified as set out above will constitute your agreement to any and all amendments.

Free Use Of System

JewelConnect is a new type of internet jewelry marketing system that is made available to the general public free of charge. JewelConnect IS NOT AN ON-LINE SHOPPING CART. It simply relays information about the items displayed thereon provided by the manufacturer (not the retailer). Upon selecting an item of interest, the system will refer you to retailers of the item in the area or areas that you designate. This enables you to make direct contact with the selected retailer(s) for information regarding availability and pricing of the item. JewelConnect should therefore only be used for reference and research only. VRB/INCOM cannot and does not guarantee that any specific item will be available from any of the retailers identified by the system.

Please note that ITEMS CANNOT BE PURCHASED DIRECTLY FROM THE MANUFACTURER. Furthermore, since each retailer prices its items differently, all item prices, descriptions, sources and other information regarding a specific item and as displayed on JewelConnect are subject to change at any time, without notification, and may differ from that provided by the retailer. Furthermore, since the information displayed on JewelConnect is provided to VRB/INCOM by the manufacturer, VRB/INCOM cannot and does not represent or warrant the accuracy of this information.

Links to Other Websites

JewelConnect may, from time to time, display links to third party websites. VRB/INCOM does not monitor or have any control over the content of any such third party websites and therefore can make no guarantee as to the accuracy or completeness of the content of these sites.

Privacy and Use of User Information

VRB/INCOM does not collect information that personally identifies users, except when a user knowingly provides such information on a voluntary basis, such as filling in one of our Contact Us forms. Any personal information so provided is collected and maintained solely by VRB/INCOM. VRB/INCOM will not disclose any personal information to outside parties unless the user has either explicitly or implicitly provided such information for the purpose of providing same to third parties, such as specific jewelry retailers. It is the user's choice whether he or she provides such information, however, such choice may restrict the user's ability to take advantage of many of JewelConnect's features.

One of the features of JewelConnect is putting its users in contact with specific jewelry retailers in his or her area. If you decide to provide any personal information directly to any specific retailer to whom you may have been directed by JewelConnect, VRB/INCOM shall not be responsible for any subsequent use or misuse of that information by the retailer or any other third party.

Any user under the age of eighteen (18) years must be sure to obtain their parents' or guardians' permission before sending any information about themselves (name, address, email address, etc.) to VRB/INCOM via JewelConnect.

Users should also be aware that VRB/INCOM does perform statistical analyses of user behaviour and characteristics in order to measure interest in the use of the various sections of JewelConnect so as to improve website design and navigation and to gather marketing information. However, only aggregated data from these analyses, not individual data, is used for these purposes.

JewelConnect may, from time to time, display links that take you to other sites that may collect personally identifiable information about you. These Terms & Conditions do not cover third party data collection practices and VRB/INCOM does not assume any responsibility for the actions of third parties.

Users should be aware that certain non-personal information and data may be automatically collected through JewelConnect through the operation of what are called "cookies". "Cookies" are small files that identify an individual computer's browser entering a website. They allow the site to track that browser's movement through the site over several sessions. Through cookies, a website can recognise repeat users, facilitate the user's access to and use of the site, and allow a site to track usage behaviour that will allow content improvement. We use cookies only for the purposes mentioned above and will not use them to identify users or to track other usage. If you do not want a cookie placed on your computer as a result of using JewelConnect, you may disable cookies altogether by modifying the "Preferences" section of your Internet browser. Note that it is possible that some aspects of JewelConnect may be unavailable to you if you choose this option. If you have no problem accepting cookies, but wish to be informed of their appearance, you may turn on a warning prompt by modifying the cookie warning section also located in the "Preferences" section of your Internet browser.

VRB/INCOM has put in place security measures in place to attempt to protect against the loss, misuse and/or alteration of user data under our control. In all cases, the information is retained in secured facilities and protected from unauthorized access. Only authorized employees who have a need to know your information for the purposes of facilitating user use of the JewelConnect features have access to the information a user may choose to provide. While VRB/INCOM cannot guarantee that loss, misuse, or alteration of the data will not occur, it will make every effort to prevent any such unfortunate occurrences.

Intellectual Property Rights

All content of JewelConnect, including, without limitation, the JewelConnect logo, all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of VRB/INCOM, or its licensors, and is protected by all applicable provincial and federal intellectual property protection laws. You may not, without the prior written authorization of VRB/INCOM, take any of the following actions:

  1. Re-sell or use commercially any part of JewelConnect;
  2. Collect and/or use any product listings, pictures or descriptions displayed on JewelConnect for commercial purposes;
  3. Distribute or permit any public performance or public display of any part of JewelConnect;
  4. Modify or otherwise make any derivative use of any part of JewelConnect;
  5. Use any automated means to access, monitor or interact with any part of JewelConnect, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
  6. Download (other than the page caching) of any part of JewelConnect except as expressly permitted by the website(s);
  7. Cause to appear any pop-up, pop-under, exit windows, expanded buttons, banners, advertisement or anything else which minimizes, covers, or frames or inhibits the full display of our websites;
  8. Use any part of JewelConnect in any way that interferes with the normal operation of our system.

VRB/INCOM reserves the right to restrict your access to JewelConnect and pursue all remedies available to it under the law in the case of any of the above unauthorized actions.

Advertisements and Promotions

VRB/INCOM may run advertisements and promotions from third parties on JewelConnect. Your business dealings or correspondence with, or participation in promotions of, advertisers other than JewelConnect, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. VRB/INCOM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-VRB/INCOM advertisers on JewelConnect.

Disclaimer of Warranty

VRB/INCOM makes no warranties of any kind, express or implied, in relation to the items and their associated information as displayed on JewelConnect, including (without limitation), implied warranties of merchantability, fitness for any particular purpose or title. VRB/INCOM does not represent or warrant that JewelConnect, or any part thereof, is free of viruses or other harmful components.

General Limitation of Liability

In no event shall VRB/INCOM, its directors, shareholders, employees or agents be liable for any damages or injury, however caused, in connection with your use of JewelConnect.

Applicable Law and Forum for Disputes

The Terms & Conditions and your use of JewelConnect are governed by, and will be construed in accordance with, the laws of the Province of Ontario, Canada, and this agreement shall be deemed to be performed within the Province of Ontario. You agree that the Courts of the Province of Ontario shall be the only forum in which any action at law or in equity, arising out of or relating to the Terms & Conditions or your use of any part of JewelConnect, may be commenced. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of the Province of Ontario over any claim, suit, action or proceeding arising out of your use of JewelConnect or these Terms & Conditions.

Severability

If any provision of these Terms & Conditions shall be deemed unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity or enforceability of any remaining provisions.

VRB/INCOM 16/7/2013

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