Terms of Service
Missjewelryfactory TERMS OF SERVICE/TERMS & CONDITIONS (“AGREEMENT”)
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.Missjewelryfactory.com (“the Site”) operated by Missjewelryfactory (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.Missjewelryfactory.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Missjewelryfactory without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
TERMS OF USE DO NOT APPLY TO SOFTWARE, PRODUCT OR SERVICE OFFERINGS
These Terms of Use do not apply to any product or service we offer for sale on the Site. Those products or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
Missjewelryfactory is not responsible if information made available on this Site is not accurate, complete, or current. The material on this 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 this Site is at your own risk. This 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 content of this 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. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third-Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.
MATERIALS YOU SUBMIT
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 this 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 Missjewelryfactory and its affiliates 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 Missjewelryfactory is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Missjewelryfactory and its affiliates the right to use the name you submit in connection with such material if they so choose. 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 Missjewelryfactory for all claims resulting from content you supply.
CONDUCT ON THE SITE
Some features on this Site may 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 this Site may require the 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 Missjewelryfactory immediately. Missjewelryfactory may assume that any communications Missjewelryfactory receives under your password have been made by you unless Missjewelryfactory receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent.
INTELLECTUAL PROPERTY
The Site and its original content, graphic, images, videos, features, and functionality are owned by Missjewelryfactory and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
LINKS TO OTHER SITES
Our Site may contain links to third-party sites that are not owned or controlled by Missjewelryfactory.
Missjewelryfactory has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
PRODUCT INFORMATION
We here at Missjewelryfactory handcraft all of our items based on options that a customer may order on the following main options (such as design, size, type of metal used, the color of the metal used, quality of metal, quality of diamonds, the color of diamonds, etc.) from there we will develop our custom product for our clients and customer including but not limited to pendants, bracelets, necklaces, custom engagement and wedding rings, and more.
SHIPPING INFORMATION
Please see our Shipping Information.
REFUNDS AND EXCHANGES
All Sales are subject to our Return and Exchange Policy.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access, or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.
support@Missjewelryfactory.com
ARBITRATION
For any disputes or discrepancies you may have with Missjewelryfactory, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators, in turn, shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the www.Missjewelryfactory.com website are Copyright © 2019 Missjewelryfactory and/or its suppliers, affiliates, and partners. All rights reserved.
Disclaimer: The images, products, services, and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied, and shall remain under Missjewelryfactory possession unless agreed upon by Missjewelryfactory and user/client.
Missjewelryfactory SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Missjewelryfactory takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products, or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TRADEMARKS
Missjewelryfactory ™ and www.Missjewelryfactory.com™ is a registered trademark of Missjewelryfactory. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
NO WAIVER
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and Missjewelryfactory’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision
Notices and procedure for making claims of copyright infringement
DISCLAIMERS
YOUR USE OF THIS 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. Missjewelryfactory 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 THIS 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 Missjewelryfactory OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. Missjewelryfactory 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.
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 Missjewelryfactory NOR ITS AFFILIATES, 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 SITE YOU ACCESS THROUGH A LINK FROM THIS 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, iGT 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 Missjewelryfactory, ITS AFFILIATES 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 Missjewelryfactory 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 iGT IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND Missjewelryfactory 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.
ENTIRE AGREEMENT AND ADMISSIBILITY
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Missjewelryfactory with respect to the subject matter Missjewelryfactory and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or this Site, please contact us via any of the following:
Emailing us at: service@missjewleryfactory.com
Company name: MISS JEWELRY CO., LTD
Registration number: 67162340
Registered office address:FLAT/RM B 10/F LEE MAY BVILD工 NG 788-790 NATHAN ROAD MONGKOK KL (This is NOT a returning address)