Terms & Conditions
These terms and conditions of use (together with the documents referred to in it) (the "Terms") govern your use of the www.sbdiamond.com website or mobile applications used by you either privately or in our boutiques (the “Website”).
The Website is operated by South Beach Diamonds, Corp. (South Beach Diamond, we, our, us).
These Terms also apply to interactive features, widgets, applications, content or downloads that are owned or controlled by South Beach Diamond, are available through the Website or that interact with the Website and post these Terms. These Terms do not apply to any other website or any offline activities by South Beach Diamonds, Corp. (unless specifically stated).
These Terms apply to:
(1) all users of the Website; and
(2) all purchasers of our products made through the Website.
1. Conditions of Use
1.1.1 shall ensure that your use of the Website is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body;
1.1.2 must not use the Website:
22.214.171.124 in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;
126.96.36.199 in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety;
188.8.131.52 for any unlawful purpose whatsoever, including fraud or terrorism;
184.108.40.206 in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including, but not limited to, uploading pornographic, obscene or indecent material onto the Website);
220.127.116.11 in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy;
18.104.22.168 in any way which promotes discrimination or is likely to incite hatred;
22.214.171.124 in conjunction with any commercial purpose; or
126.96.36.199 in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.
1.2 We may delete or remove any content that has been uploaded in breach of these Terms and/or we may refuse to process any order for products.
2. Accessing the Website
2.1 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of the Website, or our entire Website, to users.
2.3 You are responsible for making all arrangements necessary for you to have access to the Website.
2.4 As part of registering for the Website, you may be asked to provide a username and password. The username, password or any other piece of information are provided as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. You will be responsible for any losses incurred as a result of unauthorised access due to a failure to keep your username and password secure. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. Suspension and termination
3.1 We may suspend or terminate your use of the Website:
3.1.1 if we believe that your use of the Website may cause us to be in breach of our regulatory requirements;
3.1.2 if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated our (or any third party's) rights;
3.1.3 if you are in breach of any of the material terms of these Terms and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or
3.1.4 at any time on 14 days' written notice.
3.2 The provisions entitled "Warranties and disclaimers", "Liability and indemnity" and "Other general provisions" will survive termination of these Terms.
4. Events outside our control
We shall not be liable for any delay or failure to perform any of our obligations under these Terms insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.
5. Warranties and disclaimers
5.2 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. To the maximum extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
5.3 The Website is provided on an ‘AS IS’ basis and:
5.3.1 you acknowledge that the Website may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these Terms;
5.3.2 you remain responsible for your own hardware, content and any other data uploaded onto the Website and you remain solely responsible for making back-ups to protect your content and any other data contained on your account;
5.3.3 we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the Website, provided always that we will maintain security policies and procedures in accordance with good industry practice; and
5.3.4 we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties.
6. Liability and indemnity
6.1 The material displayed on the Website is provided for general information purpose only without any guarantees, conditions or warranties as to its accuracy. Although strictly prohibited, content may be displayed on the Website which is unlawful or offensive. If you become aware of this please contact us without delay.
6.2 To the maximum extent permitted by law, we and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of or in connection with the use of or access to the Website (which includes without limitation) any errors or omissions contained in the Website or if the Website is unavailable and we shall not be liable for any direct or indirect:
6.2.1 economic losses (including without limitation loss of use, revenues, data, profits, contracts, opportunity, business, business interruption or anticipated savings);
6.2.2 loss of goodwill or reputation; or
6.2.3 special, incidental, indirect consequential loss or damage, suffered or incurred arising out of or in connection with your use of the Website.
6.3 To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of the Website, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the value of the products that you purchase from us through the Website.
6.4 Nothing in these Terms shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation or wilful misconduct, nor any other liability which cannot be excluded or limited under applicable law.
6.5 As a user, you agree to indemnify us against all costs, liabilities, expenses, losses or damages which we may sustain or incur in connection with:
6.5.1 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the intellectual property rights of any third party; and
6.5.2 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the privacy of any individual.
7. Intellectual property rights
7.1 South Beach Diamond has created this Website to provide information about its company and products for your personal use. You may download one computer copy or print one copy of the material on this Website for your own non-commercial, educational, private or domestic use only, provided that proprietary notices such as copyright© or trademark™ are neither modified, nor deleted or changed. You should assume that everything you see or read on the Website (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) is copyrighted and protected under treaty provisions and national copyright laws worldwide, unless otherwise noted.
7.2 You are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare or use any derivative or second hand works based on South Beach Diamond Material in any way for any public or commercial purpose. Furthermore, the South Beach Diamond Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use South Beach Diamond Material will automatically terminate and any copies made of South Beach Diamond Material must be immediately destroyed. Any unauthorised use of South Beach Diamond Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7.3 Any communication or material that you transmit to South Beach Diamond via the Website or by electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by South Beach Diamond. By sending communications to South Beach Diamond, you automatically grant South Beach Diamond a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by South Beach Diamond and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
7.4 Furthermore, South Beach Diamond enjoys a worldwide reputation for both the design and manufacture of high quality jewellery and watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect South Beach Diamond’s creations. As a result, South Beach Diamond cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that South Beach Diamond may already be working on similar ideas. Consequently, you are advised that South Beach Diamond is not interested in receiving ideas or other proposals that you may wish to submit.
7.5 We are the owner or the licensee of all intellectual property rights in the Website and South Beach Diamond Materials, including but not limited to:
7.5.1 patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;
7.5.2 all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and
7.5.3 applications, extensions and renewals in relation to any of these rights.
7.6 All trademarks, logos and service marks (collectively the "Trademarks") which appear on this Website are registered and unregistered South Beach Diamond trademarks or are licensed for use by South Beach Diamond by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of South Beach Diamond or such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
7.7 Our status (and that of any identified contributors) as the authors of South Beach Diamond Material on the Website must always be acknowledged.
7.8 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. The Website changes regularly
South Beach Diamond reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the home page of the Website, and that your use of the Website after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward.
9. Information about you and your visits to the Website
10. Viruses, hacking and other offences
10.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
11. Linking to the Website
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any Website that is not owned by you.
11.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
12. Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and do not imply endorsement by South Beach Diamond of those sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
To the maximum extent permitted by law, these Terms shall be governed by and construed in accordance with the laws of USA without regard to its conflicts of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of New York, United States of America.
14. Other general provisions
14.1 Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of South Beach Diamond. South Beach Diamond makes no representation that the South Beach Diamond Material is appropriate or available for use in every country of the world. You use this Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to South Beach Diamond Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Website may describe products that are not available worldwide.