7. Our Website and your use
7.1 All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Products or otherwise, belongs to us. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions or use of this Website.
7.2 We have made reasonable endeavours to ensure that the information and content provided on this Website are accurate and current at the date of publication, and that the photographs of the Products listed on this Website are represented accurately (including the size, colour, cut and overall appearance of the Product). However, you acknowledge and agree that:
(a) some Products may appear different in real life in comparison to the images displayed on this Website due to the innate difficulties with photographing jewellery or loose stones, for example, the Product may appear smaller or bigger than their actual size or that the colour or the intensity of the colour of the Products may be different;
(b) information to certain Products may have been inaccurately described by our supplier which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and
(c) subject to clause 8 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
7.3 We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be suspended, at our sole discretion, for any reason. You are responsible for obtaining access to this Website, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access this Website.
7.4 Subject to clause 8 and to the extent permitted by law and, except as provided by these Terms and Conditions, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
(a) your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
(b) your use of, or you not being able to use this Website;
(c) any defects in this Website.
7.5 To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of this Website, your sole remedy is to exercise your rights under clauses 8, 9 or 10.
(a) copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website except expressly authorised by us;
(b) utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
(c) remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
(d) remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
(e) create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
(f) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
(g) engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
(h) attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
(i) remove, cover or otherwise obscure any form of advertisement included on this Website;
(j) interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website;
(k) use this Website to endorse or promote concepts that are hateful or disparaging towards any race, religion, political affiliation, gender, sexual orientation or nationality or otherwise offend any person;
(l) publish, link to or disseminate any content which is unlawful, obscene, indecent, offensive or inappropriate; or
(m) impersonate any other person or entity or share information which reasonably identifies another person without their consent.
7.8 Any publication of electronic mail addresses on this Website is to facilitate communications relating to our functions and business and must not be inferred as consent by us or the relevant addressee to receiving unsolicited commercial electronic messages.
7.9 You acknowledge and agree that you release, discharge and indemnify us from and against any claim or demand which may be brought against or made upon us by you or any third party in connection with your use of this Website.
7.10 You acknowledge and agree that your use of this Website is at your own risk. We make no warranties, guarantees or representations that this Website is free from any computer virus. We are not responsible to you or anyone else for any loss or damage which may be incurred in connection with the transmission of computer viruses.
7.11 To the extent permitted by law, we will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Website results in the need for servicing or replacing of any equipment, we will not be liable for those costs to the extent permitted by law.