A. Acknowledgement and Acceptance
- This Agreement outlines the terms and conditions governing your access to and use of the website www.perfectring.ie (“the Site”). By accessing and/or using the Site you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at firstname.lastname@example.org
- Your agreement with the Site will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Common Terms”.
- Your agreement with the Site will also include the terms and conditions of any order forms, quotations, invoices, payment terms memoranda and commercial documents together with Legal Notices applicable to the Services, called the “Additional Terms” in addition to the Common Terms. For ease of reference collectively the Common Terms and Additional Terms are referred to below simply as “the Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- Perfect Ring Ltd. reserves the right at any time and from time to time, to modify or amend this Agreement or the Terms and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the perfectring.ie website constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by the Terms.
- If there is any contradiction between what the Additional Terms say and what the Common Terms say, then the Additional Terms shall take precedence in relation to that Service.
- In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
- You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by the Site in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that the Site will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Site of any party under the law, or
(b) you are a person barred from receiving the Services under the laws of the Ireland or other countries including the country in which you are resident or from which you use the Services.
- Before you continue, you should print off or save a local copy of the Terms for your records.
- You understand and agree that if you use the services of the Site after the date on which the Terms have changed, the Site will treat your use as acceptance of the updated Terms.
- If there is any contradiction between what the English language version of the Terms says and what any translation thereof says, then the English language version shall take precedence.
- Where appropriate in these conditions references to “the Site” shall mean “www.perfectring.ie” and/or Perfect Ring Limited as the context may require.
- You agree that the Site may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on it.
B. Provision of Services
- The Site may innovate form time to time in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which the Site provides may change from time to time without prior notice to you.
- As part of any continuing innovation, you acknowledge and agree that the Site may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at its sole discretion, without prior notice to you. You may stop using the Services at any time. Other than your termination of the contract one month’s notice you do not need to specifically inform the Site when you stop using the Services.
- You acknowledge and agree that if the Site disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that while the Site may not currently have set a fixed upper limit on the number of transmissions you may send or receive through it or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by the Site of its Internet Service Provider at any time, at their respective discretion.
C. Accessing the Service
- In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to the Site will always be accurate, correct and up to date.
- You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of Ireland or other relevant countries).
- You agree not to access (or attempt to access) any of the services of the Site by any means other than through the interface that is provided.
- You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to or with the Site).
- Unless you have been specifically permitted to do so in a separate agreement with Site, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
- You agree that you are solely responsible for (and that the Site has no responsibility to you or to any third party for) any breach of your obligations under these terms and for the consequences (including any loss or damage which the Site may suffer) of any such breach.
D. Your Password
- You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Site and it services.
- Accordingly, you agree that you will be solely responsible to the Site for all activities that occur under your account.
- If you become aware of any unauthorised use of your password or of your account, you agree to notify the Site immediately at email@example.com.
E. Privacy and your personal information
- You acknowledge that the normal usage by the Site of your personal information shall be consider “fair usage” under the Data Protection Acts 1988 and 2003 and the regulations made hereunder.
- The Site operates as a portal for the display and sale of jewellery and associated items. From time to time the Site may be requested or required by law to assist with any inquiry or investigation concerning the authenticity, source, origin or destination any goods or items displayed on it. As part of the co-operation required the Site will provide the relevant Authority or authorised party such information as may be lawfully required including the source or origin of the goods, supplier, purchaser, source, destination, IP address all parties connected to it, their names and addresses. By your acceptance of these terms and condition (and such alterations and changes as may be made from time to time) and for the purposes of the Data Protection Acts 1988 and 2003 (and the Regulations) you agree and authorise the use of your personal information for this purpose.
- You agree to the use of your data in accordance with the Site’s privacy policies.
F. Use of Material and Content
- The content of the Site not provided by suppliers such as text, graphics, images and software other material (called “the Material”) is protected by copyright pursuant to Irish and European Union copyright laws and international conventions. The owner of the copyrights and trademarks is Perfect Ring Ltd (https://www.perfectring.ie).
- You are prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials on this site or the software or materials relating thereto in whole or in part. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
- You may view, print and download a single copy of the material on the Site solely for your personal, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material.
- Unauthorised use of the Material may violate copyright, trademark and other laws
- If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material and further the Site reserves the right to discontinue your use and access to any of the products or services listed.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services of the Site (except for those items provided by the Site itself) are the sole responsibility of the person or corporate body from which such content originated. All such information is referred to below as the “Content”.
- You should be aware that Content presented to you as part of the services provided by the Site, including but not limited to advertisements and sponsored Content within the Site may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Site (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owners of that Content, in a separate agreement.
- The Site reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service it provides. For some of the services, the Site may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that suppliers and users may find objectionable.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Material, Content or services provided by the Site.
- Unless you have been expressly authorised to do so in writing, you agree that in using the services of the Site, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
- The Material may contain inaccuracies or typographical errors. Perfectring.ie makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. In particular perfectring.ie makes no warranties or representations as to the accuracy, reliability or quality of any Jewellers descriptions made available from the Site or as to the availability for purchase any jewellery. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.
- Perfect Ring Limited shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
- Perfect Ring Limited does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or the material results in the need for servicing or replacing equipment or data, Perfect Ring Limited assumes no responsibility whatsoever for those costs.
- The site and material are provided on an “as is” and “as available” basis without any warranties of any kind. Perfect Ring Limited and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. Perfect Ring Limited and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.
H. Licences from the Site
- Where the Site uses original software for the purposes of the provision of its services, it gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you as part of the Services provided (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by the Site, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, de compile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law.
- You may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Sometimes when you use the Site, you may (as a result of, or through your use of its services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.
- If so, the Terms do not affect your legal relationship with these other companies or individuals.
I. Your Content & licence from you
- You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give the Site perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Site.
- This licence is for the sole purpose of enabling the Site to display, distribute and promote the Site and/or the services it provides and to sub-license such rights through multiple tiers of sub-licenses.
- You agree that this licence includes a right for the Site to make such Content available to other companies, organisations or individuals with whom the Site has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
- You understand that the Site, in performing the required technical steps to provide its services to our users, may transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit the Site to take these actions.
- You confirm and warrant to the Site that you have all the rights, power and authority necessary to grant the above licence.
- As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
- You must not do the following things:
- post material in circumstances that breach the criminal law:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
- post material that reveals trade secrets, unless you own them or have the permission of the owner
- post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity
- post a sexually-explicit image
- post advertisements or solicitations of business; or
- impersonate another person or entity
- use the website for link building purposes or posting multiple links to your website
- You agree not to use the Site or use or cause or permit any Material or Content to be used:
- so as to jeopardise or prejudice the operation, quality or integrity of the Site or any other use which might be deemed by Perfect Ring Limited to be harmful to the business of Perfect Ring Limited, its reputation or the commercial exploitation of the Site
- for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material
- to harvest or otherwise collect by any means any material or information (including without limitation email addresses or details of rings) from the Site otherwise than as authorised in this Agreement or
- to monitor, mirror or copy any material without the prior written consent of Perfect Ring Limited
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious program contrary to the terms and conditions of any Internet Service Provider whose services you may use.
J. Software updates
- The Software which you use may automatically download and install updates from time to time from the Site. These updates are designed to improve, enhance and further develop the services of the site and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Site to deliver these to you) as part of your use of the services.
K. Disclaimer of Consequential Damages
1. In no event shall Perfect Ring Limited, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not Perfect Ring Limited is advised of the possibility of such damages.
L. Links to and from Other Web Sites
- Perfect Ring Limited does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorses any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
- Perfect Ring Limited does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement. Perfect Ring Limited may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by Perfect Ring Limited will not be challenged by User. Perfect Ring Limited has no liability or responsibility to Users for performance or non-performance of such activities. Perfect Ring Limited reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which Perfect Ring Limited otherwise deems to be in breach of these Terms and Conditions of Use.
M. Limitation of Liability
- Unless otherwise expressly provided in a Software Licence or Legal Notice, the aggregate liability of Perfect Ring Limited to you for all claims arising from the use of the Site or Material (including Software) or any Content is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.
1. You agree to defend, indemnify, and hold harmless Perfect Ring Limited, its officers, directors, employees and jewellers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. Perfect Ring Limited shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
O. Export Control
- You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
P. Third Party Sites
- Any disputes or questions relating to materials, products, services or merchandise from linked sites or fulfilment or delivery thereof and the quality, suitability and fitness for purpose of such Materials should be directed to the relevant third party website and you acknowledge that Perfect Ring Limited shall have no responsibility, obligation or liability whatsoever in relation to such Materials.
- The Terms will continue to apply until terminated by either you or the Site as set out below.
- If you want to terminate your legal agreement with the Site, you may do so by (a) notifying the Site at any time with one months notice in writing and (b) closing your accounts for all of the services which you use, where the Site has made this option available to you. Your notice should be sent, in writing, to the Site address which is set out at the beginning of the Terms.
- The Site may at any time, terminate its legal agreement with you if:
- Payment due by you for the provision of the Services have not been received within 30 days of the date of invoice
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
- The Site is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
- Any partner with whom the Site offers or may at any time offer the Services to you has terminated its relationship with the site or ceased to offer services to you; or the Site is transitioning to no longer providing the services to users in the country in which you are resident or from which you use the service or at all; or
- the provision of the services to you by the Site is, in the Site’s opinion, no longer commercially viable
- For any reason on delivery of one month’s notice in writing of the termination of the Agreement.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Site have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and termination shall further be without prejudice to the rights of either party to pursue the other for any antecedent breach hereof.
- The Site is controlled by Perfect Ring Limited from its location within Ireland. Perfect Ring Limited makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing,
- Perfect Ring Limited may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and Perfect Ring Limited may bring enforcement proceedings in another state on foot of an Irish judgment.
- If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
- Any changes to this Agreement will be posted on the Site and will take immediate effect.
- You agree that if the Site does not exercise or enforce any legal right or remedy which is contained in the Terms (including such changes as may be made from time to time) (or which the Site has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Site’s rights and that those rights or remedies will still be available to the Site.
- Perfect Ring Limited may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
- You acknowledge and agree that each member of the group of companies of which the Site is now or at any time in the future the parent or a subsidiary, shall be third party beneficiaries to these terms and conditions (and as may be changed from time to time) and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these terms and conditions which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the terms.
© COPYRIGHT Perfect Ring Limited 2016. ALL RIGHTS RESERVED.