The
Diamond Factory
Web Site User Terms and Conditions
Access to
and use of the plusonependants.co.uk web
site (the “Web Site”) is provided
by The Diamond Factory (“The Diamond
Factory”) to you (the “User”)
subject to the following terms and conditions
(the “Terms and Conditions”).
In using this
site the User indicates his agreement
to be bound by these Terms and Conditions.
In agreeing to be bound by the Terms and
Conditions, the User agrees to be bound
by the terms and conditions of the other
documents referred to and incorporated
into these Terms and Conditions, and the
expression “Terms and Conditions”
shall be deemed to include these other
materials.
The User further
agrees that he has read and understood
these Terms and Conditions: if this is
not the case, please send any queries
by email to dorothyhood@btinternet.com.
Changes to
the Web Site
The User acknowledges
and accepts that The Diamond Factory may
from time to time alter any aspect of
the Web Site, or any of the services or
products provided through the Web Site,
as it thinks fit and without notice to
the User. Further, The Diamond Factory
may alter the Terms and Conditions at
any time without notice. The User accepts
that it will have no claim for breach
of contract or otherwise in respect of
any such alteration.
User Conduct
The User warrants
that in its use of the Web Site it shall:-
(a) use the
Web Site only for lawful purposes, and
in a manner which does not infringe the
rights of, or restrict or inhibit the
use of the Web Site by any third party;
(b) not engage
in any conduct which is unlawful, or which
may harass or cause distress or inconvenience
to any person;
(c) without
prejudice to the generality of paragraph
(b) above, not upload, post, transmit
or distribute any material or information
in which the User does not own the intellectual
property rights, or any material which
is in any way unlawful or which is potentially
harmful, threatening, abusive, libellous,
pornographic or otherwise obscene, or
racially or ethnically or otherwise objectionable;
and
(d) not upload,
post, transmit or distribute any material
or information which contains a computer
virus, or other code, files or programs
intended or having for effect to disrupt
or otherwise adversely affect the operation
of the Web Site or of other Users’
computer systems.
Disclaimer
The contents
of the Web Site (the “Contents”)
are provided to the User by way of general,
background information only. The User
should consult an appropriately qualified
adviser for advice on any specific question
or problem, and should not rely on the
accuracy of any part of the Contents.
The User accepts
and acknowledges that The Diamond Factory,
its officers, employees, agents, representatives
of any sort, and advisers shall not in
any way be liable for any damage, loss,
costs or expenses arising directly or
indirectly from the User’s downloading
of any of the Contents from the Web Site,
or its reliance on or use of any of the
Contents for any purpose.
Without prejudice
to the foregoing generality, The Diamond
Factory hereby excludes, insofar as permitted
by law, all warranties and representations,
express or implied, in respect of any
of the Contents, including but not limited
to any information, names, images, pictures,
logos and icons forming part of them,
including but not limited to warranties
of satisfactory quality, fitness for a
particular purpose, non-infringement of
third party rights or any law, compatibility,
security and accuracy.
Downtime
The User acknowledges
and accepts that computer and telecommunications
systems are not fault free and may from
time to time require periods of downtime
(being periods during which the Web Site
is not available to the User) for the
purposes of repair, maintenance and upgrading.
Accordingly,
The Diamond Factory does not guarantee
uninterrupted availability of the Web
Site, but it shall make reasonable efforts
to minimise any periods during which the
Web Site is not available. The User accepts
that he or she or it shall have no claim
for breach of contract or otherwise in
respect of any such period of unavailability.
Hypertext
Links
The Web Site
and its Contents may at points incorporate
links to the web sites and services of
third parties. Such links are provided
for the User’s convenience only,
and their provision does not constitute
an authorisation by The Diamond Factory
to the User to access such third party
web sites, nor an endorsement of the content
of such third party web sites by The Diamond
Factory.
The User acknowledges
and accepts that The Diamond Factory is
not, and shall not be held responsible
for any damages, loss, costs or expenses
arising from the use of such third party
web sites, or products or services available
through such third party web sites.
Copyright
Except where
expressly indicated otherwise, copyright
in all of the Contents of the Web Site
belongs to The Diamond Factory.
Notwithstanding
the foregoing, The Diamond Factory hereby
authorises you as a User to:-
(a) view and
display the Contents;
(b) download
the Contents and store them in your computer
(for example in the browser’s cache)
for a period not exceeding thirty days,
provided that the User also downloads
this copyright notice; and
(c) print
out the Contents, provided that the User
also prints an acknowledgement in the
form set out below and attaches it to
any printed copy of any of the Contents.
Form of Acknowledgement
Required where the Contents (or any of
them) are Reproduced
“Copyright
The Diamond Factory. Reproduced with permission.”
Trade Marks
The names
and logos identifying the Web Site and
The Diamond Factory and its products and
services are either (a) proprietary marks
of The Diamond Factory or (b) marks which
The Diamond Factory is licensed to use,
and nothing in these Terms and Conditions
shall confer on the User any licence of
any such mark or of any other intellectual
property right of The Diamond Factory,
(subject always to the above provisions
relating to copyright).
Termination
The Diamond
Factory reserves the right to terminate
forthwith, or to refuse to permit, the
use of the Web Site by any User, at any
time and at The Diamond Factory’s
absolute discretion.
General
These Terms
and Conditions shall be deemed to include
any other policies contained on the Web
Site from time to time.
These Terms
and Conditions, the Privacy Policy and
any other specific terms of use appearing
anywhere on the Web Site constitute the
entire agreement of the parties in relation
the use of this site, and the Terms and
Conditions supersede any other agreements
between the parties in this matter.
If any of
these Terms and Conditions should be determined
to be illegal, invalid or otherwise unenforceable
by reason of the laws of any state or
country in which these Terms and Conditions
are intended to be effective, then to
the extent and within the jurisdiction
in which that Term or Condition is illegal,
invalid or unenforceable, it shall be
severed and deleted from the Terms and
Conditions and the remaining Terms and
Conditions shall survive, remain in full
force and effect and continue to be binding
and enforceable.
The rights
of The Diamond Factory and the User under
these Terms and Conditions may be exercised
as often as necessary. They are cumulative
and not exclusive of either party’s
rights under the general law, and may
be waived only in writing. Delay in exercising
or non-exercise of any right is not a
waiver of that right.
Governing
Law
These Terms
and Conditions shall be governed by and
construed in accordance with the laws
of Scotland. Any disputes arising here
from shall be exclusively subject to the
jurisdiction of the courts of Scotland.
Non-Acceptance
of the Terms and Conditions
If these Terms
and Conditions are not accepted in full,
you do not have permission to access the
Contents of the Web Site and therefore
should cease using the Web Site immediately.
PRIVACY POLICY
1. Statement
of Intent
The purpose of this privacy statement
is to provide you, the User, with details
of how Plus One Pendants will collect
and use the personal data you supply to
it. Personal data is information which
relates to identifiable living individuals.
This Privacy Policy is expressly incorporated
into the Terms and Conditions of Use of
this web site.
It is the stated policy of Plus One Pendants
that it will act in accordance with current
legislation and aims to meet current best
practice with regard to the processing
of personal data.
2. Collection
of Personal Data
In using this site you can provide certain
personal data to Plus One Pendants via
email forms In agreeing to be bound by
the Terms and Conditions of the web site
(of which this Privacy Policy forms part),
you agree that Plus One Pendants can compile
and process this personal data in accordance
with this Privacy Policy.
3. Use of
Personal Data
Plus One Pendants will only use your
personal data to help it provide its goods
and services to you, and to bring you
details of other goods and services which
it believes might be of interest to you.
You agree that Plus One Pendants can use
your personal data for such purposes,
unless you inform Plus One Pendants otherwise.
No personal information supplied by you
will be transmitted to any company outside
Plus One Pendant’s group of companies,
and Plus One Pendants will not sell or
otherwise provide your personal data to
any third party without your consent under
any circumstances.
4. Storage
and Correction of Personal Data
Plus One Pendants will retain the personal
data it holds concerning you for as long
as it is current, unless you send Plus
One Pendants notice that you no longer
wish it to retain this data. Plus One
Pendants is obliged to supply you, on
request, with a copy of the personal data
it holds about you, provided that you
pay a small fee. If you wish to exercise
this right, please email dorothyhood@btinternet.com
for more details, including details regarding
the fee which is payable for exercising
such right. Should you discover any inaccuracies
in such personal information, please notify
Plus One Pendants as soon as possible
at the same address. Plus One Pendants
will then correct its records, and notify
any third parties to whom such personal
information may have been transmitted
in accordance with paragraph 4 above.
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