Effective Date: October 14, 2015
Kate King Jewellery may change the content of the Site, including all text, data, information, recordings, graphics, images, icons and any other content (collectively, the “Content”) at any time without notice. These Terms and Conditions may be revised by Kate King Jewellery Ltd. at any time without notice. Please review the Terms and Conditions regularly as your continued use of the Site will constitute your agreement to any changes. You will find the date of the last revision of the Terms and Conditions at the top of the page.
THIS SITE DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE
The Content of this Site is provided for general information purposes only. The information provided on the Site is not intended as medical advice, nor is it to be used as a prescription for the use of gemstones as a form of treatment for any physical, psychological, emotional, or medical issues without the advice of a physician. It is in no way a substitute for medical advice. As such, the Content is not intended to replace consultations with a healthcare professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Kate King Jewellery expressly disclaims any liability directly or indirectly from the use of or any errors or omissions in the information provided. The nature of this information is to assist in the quest for spiritual and emotional growth and well-being. In the event you choose to use this information Kate King Jewellery assumes no responsibility for your actions.
Accuracy, Completeness and Timeliness of Information on the Site
Kate King Jewellery has used reasonable efforts to ensure the information provided on this Site is accurate when posted. However, Kate King Jewellery does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the Content on this Site. The views or opinions expressed in the Content on this Site do not necessarily reflect those views or opinions of Kate King Jewellery. Kate King Jewellery does not endorse or recommend any products, services, techniques or procedures mentioned on this Site.
Kate King Jewellery is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Use of Materials on the Site
All content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Kate King Jewellery, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Kate King Jewellery, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Kate King Jewellery reserves the right to refuse or cancel any person’s registration for the Site, remove any person from the Site or prohibit any person from using the Site for any reason whatsoever. Kate King Jewellery, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Kate King Jewellerys sole discretion. Kate King Jewellery neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties not affiliated with Kate King Jewellery.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Kate King Jewellery reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Kate King Jewellery may be entitled at law or in equity.
Materials You Submit
All information submitted to Kate King Jewellery via the Site shall be deemed and remain the property of Kate King Jewellery and Kate King Jewellery shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to Kate King Jewellery.
You agree that any information submitted to Kate King Jewellery does not infringe the intellectual property rights, including copyright, trade-mark, trade secret or patent rights, of any third party and you grant Kate King Jewellery the right to provide access to the information on the Site.
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Kate King Jewellery an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Kate King Jewellery is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Kate King Jewellery. You grant Kate King Jewellery the right to use the name you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Kate King Jewellery for all claims resulting from content you supply.
Conduct on the Site
Some features that may be available on the Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on the Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Kate King Jewellery immediately. Kate King Jewellery may assume that any communications the company receives under your password have been made by you unless the company receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Kate King Jewellery. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Kate King Jewellery’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Kate King Jewellery’s express written consent.
Sales on this Site are subject to our RETURN POLICY.
YOU ARE HEREBY INFORMED THAT KATE KING JEWELLERY HAS ADOPTED AND REASONABLY IMPLEMENTED A POLICY THAT PROVIDES FOR THE TERMINATION IN APPROPRIATE CIRCUMSTANCES OF SUBSCRIBERS AND ACCOUNT HOLDERS OF KATE KING JEWELLERY’S SYSTEM OR NETWORK WHO ARE REPEAT COPYRIGHT INFRINGERS. IF YOU BELIEVE YOUR COPYRIGHT OR THE COPYRIGHT OF A PERSON ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT HAS BEEN INFRINGED, YOU MAY NOTIFY OUR COPYRIGHT AGENT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. KATE KING JEWELLERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KATE KING JEWELLERY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KATE KING JEWELLERY NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, KATE KING JEWELLERY’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KATE KING JEWELLERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KATE KING JEWELLERY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH KATE KING JEWELLERY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND KATE KING JEWELLERY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JURISDICTION AND APPLICABLE LAW
Any dispute arising out of or in connection with this Site, or this arbitration agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be Calgary, in the Province of Alberta, Canada.
The language to be used in the arbitral proceedings shall be English.
The governing law of these terms shall be the substantive law of the Province of Alberta and the Federal Laws of Canada applicable therein.
ENTIRE AGREEMENT AND ADMISSIBILITY
IF ANY PROVISION OF THIS AGREEMENT IS UNLAWFUL, VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THE AGREEMENT WILL REMAIN IN PLACE.
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Information provided to Kate King Jewellery by virtue of this Site will be received by Kate King Jewellery on a non-confidential basis. We recommend the use of appropriate security, antivirus and other protective software.
Kate King Jewellery assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site and does not warrant that the Site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties.
This Site may contain links to websites and servers maintained by third parties over whom Kate King Jewellery has no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by Kate King Jewellery of the content of such third party sites. Kate King Jewellery makes no representations regarding the content or accuracy of materials on such third party websites.
The failure of Kate King Jewellery to enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any such provision or right.
You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. If you violate any of the Terms and Conditions, your limited license to use the Content will automatically terminate. You must immediately cease your use of the Site and destroy any copies of the Content or any portion thereof.
HOW TO CONTACT US
Kate King Jewellery
#226, 10816 MacLeod Trail SE
Calgary AB T2J 5N8
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