Terms & Conditions
TERMS & CONDITIONS
This web site (this "Site") is provided by TIVON ("TIVON"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with TIVON. In case of inconsistency between these Terms and Conditions and any other agreement you may have with TIVON, the other agreement shall prevail, but only to the extent of the inconsistency.
CHANGES TO TERMS & CONDITIONS
Tivon Fine Jewellery works to keep the site up to date but cannot guarantee that this site and its contents are completely free of technical errors. By using this site, you acknowledge that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with this site. We are also not liable for any damages associated with use of this site however caused, incorrect prices or information.
If you are not satisfied with the site, then please email us with your comments. However, your only legal recourse is to stop using the site.
Customers are legally entitled to cancel an order within 7 working days of receipt of the product and to return it for a full refund. However, our Complete Satisfaction Promise extends your ability to return an unsatisfactory online purchase for up to 14 days. The cool-off period does not extend to 'Tailor-Made' orders which is defined as a bespoke service, requiring items to specially be made up as per your order, in which case such items cannot be returned to stock.
Tivon Fine Jewellery cannot guarantee that the sale and delivery of its goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions.
This site and its contents will not constitute the basis for any contractual commitment between Tivon Fine Jewellery and any prospective customer in any jurisdiction in which the solicitation of interest or the offering of or sale of products by Tivon Fine Jewellery would contravene any applicable local, regional or national legislation. No prospective customer should seek to make any order through the site from jurisdictions in which it would be illegal for Tivon Fine Jewellery to sell products.
Your use of this site and any contract between you and Tivon Fine Jewellery for the sale of products shall be governed by and shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.
PERMITTED & PROHIBTED USES
The Site may be used only for lawful purposes. You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, TIVON grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of TIVON; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from TIVON; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation an TIVON employee or agent, an authorized user of TIVON Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters who post on the Site, including any solicitation by any of our competitors of Recruiters who post on the Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. TIVON will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
TIVON reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in TIVON’s sole discretion is objectionable or in violation of these Terms and Conditions.
EXCLUSION OF OUR LIABILITY / INDEMNITY
As a condition of use of the Website and the content of it that use is at the user's own risk. We are not liable to you or any third party for any loss or damage suffered as a result of any use of the Website, including but not limited to direct loss, indirect or consequential loss, and loss of profit, howsoever caused (whether arising out of any negligence or breach of these User Terms or otherwise), even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention (but not including death or personal injury resulting from our negligence).
The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or in taking (or refraining from) any action.
We accept no responsibility for the content of any advertising material, and individual advertisers are solely responsible for the content of material, which is submitted to us, including ensuring compliance with any applicable legislation.
We make no warranty that the Website (or any website which is linked to the Website) is free from computer viruses or any other malicious or impairing computer programs, and you should take your own precautions in this respect.
We do our best to provide uninterrupted access to the Website, but we do not guarantee it and accept no liability for any failure to do so.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach by you of these User Terms or your use of the Website. We reserve the right at our own expense to assume the exclusive defence of any matter otherwise subject to indemnification by you and as such you agree to co-operate with our defence of such claim.
Apart from our ability to terminate the Website or any services provided on the Website or restrict your access to them with immediate effect for your breach of the letter or spirit of any of these User Terms, without prejudice to any other accrued rights, we may also terminate the Website or services provided without prior notice to you where: (i) there is a regulatory or statutory change limiting our ability to provide the Website; (ii) any event beyond our reasonable control prevents us from continuing to provide the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); (iii) we consider in our sole discretion that you are abusing the provision of the Website or the services provided thereon or are otherwise acting in breach of these terms. Without prejudice to the foregoing, we reserve the right to remove any material on the Website including, without limitation, any user name, email or message board notice posted on the Website which we in our sole opinion deem unsuitable.
We reserve the right to change these User Terms from time to time, and to notify you by posting the User Terms so changed on the Website. The User Terms so revised will take effect one week after the date of such posting (or such later date as we indicate in such posting). If you do not wish to be governed by the revised User Terms, you must cease to use the Website.
We reserve the right to assign or subcontract any or all of our rights and obligations under these User Terms to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website. You may not without our prior written consent assign or dispose of any rights or obligations arising under these Terms.
Nothing in these User Terms shall be construed as constituting a legal partnership or joint venture between you and us.
In the event of conflict or inconsistency between the English version of these User Terms and any translation provided by us the English version shall prevail.
In the event that any term of these User Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these User Terms shall remain valid and enforceable.
Please note that images appearing on the website are larger than the actual live goods and have been increased in size for viewing purposes. Items delivered may vary slightly from the images displayed on the website.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in England, in English and governed by the laws of England & Wales. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the UK and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.