Terms and Conditions

These terms and conditions (together with the documents referred to, in them) are application to this application ("the App"), which is published by or on behalf of Jewellery Trader Limited ("Jewellery Trader" or "We" or "Us") a company registered in England and Wales under company number 10530485 whose registered office are at London Diamond Bourse (L D B) 100 Hatton Garden. London. England. EC1N 8NX. By accessing our website ("JewelleryTrader.London") and downloading or otherwise accessing the App you agree to be bound by the following terms and conditions ("Terms") and our website and mobile phone privacy policy. If you have any queries about the App or these terms, you can contact us by any of the means set out in clause 12 of these terms. If you do not agree with these terms, you should stop using the App immediately, as your use of it will amount to the acceptance of the Terms of its use. Jewellery Trader offers this App, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Jewellery Trader is hosted on Apple’s IOS and (what is the web platform). They provide us with the online e-commerce platforms that allow us to provide this platform for sellers and buyers to use.

APP AND WEBSITE TERMS

By agreeing to these terms of service, you represent that you are at 18 years old or over and are of sound mind and body.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of our service to you.

The App and website is made available for your own commercial use if you are a trade user or personal use if you are a public user. The App must not be used for any illegal or unauthorised purpose by either user.

Services are defined as a digital platform provided for trading an item, specifically jewellery, gold and other precious metals and stones for Trade Users to sell to public users. Terms of service are defined as all those terms and conditions contained herein relating to the provision services.

ACCESSING THE WEBSITE AND APP

You may use the App and website but we reserve the right to withdraw or amend the information that we provide on the App without notice. We may also suspend access to the App or close it indefinitely at any time.

We will not be liable if for any reason the App is unavailable at any time or for any period.

When using the App, you must comply with the provisions of our prohibited use clause.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on the App and website.

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to Jewellery Trader or its group companies. All rights are reserved.

You can view, print or download extracts of the material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Jewellery Trader’s express permission.

The trademarks, service marks, and logos ("Trade Marks") contained on or in the App are owned by Jewellery Trader or its group companies or third party partners of Jewellery Trader. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the trade marks without the prior written consent of future or the relevant group company or the relevant third party partner of Jewellery Trader.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the App (including, the release of new tools and resources). Such new features services shall also be subject to these Terms of Service.

LINKS TO THIRD PARITES AND ADVERTISING

The App and website may contain links to websites operated by third parties ("Third Party Websites"). Jewellery Trader may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Jewellery Trader does not have any influence or control over any such third party websites and, unless otherwise stated, is not responsible for and does not endorse any third party websites or their availability or contents.

ADVERTISING IN THE APP AND WEBSITE

We accept no responsibility for adverts contained within the App and the website. If you agree to purchase goods and/or services from any third party who advertises on the App or website, you do so at your own risk. The advertiser, not Jewellery Trader, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

User

We accept no responsibility for contents or any use adverts placed on the App or the Website by trader.

Public User

Are consumers who, for all intents and purposes, are not using the App for any commercial aim in trading or advertising items for sale.

Liability

Jewellery Trader is not liable to the public user for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any Trader user or public user in connection with the App or in connection with the use, inability to use, or results of the use of the App, any websites, Apps or third party linked to it and any materials posted on it.

Jewellery Trader’s liability and responsibility as a platform for the public users, is limited to its execution and access of the platform subject to the prohibited uses policy, and relevant good and serves acts.

Trader User

Business users are for all intents for all intents and purposes, parties who are using the App for a commercial aim in trading or advertising items for sale.

It is prohibited in the blurb or image to advertise or specify two or more items that are not part of a set;

It is prohibited to enter a website address or any details that advertise another platform. Contact details for Jewellery Trader users are restricted to telephone numbers and email address. Any images or information used by a trade user must have permission to use all and any of the intellectual property applicable, and trader user indemnifies Jewellery Trader from any breaches or damages caused by unauthorised use of a trademark, image, information or any other intellectual property right. We reserve the right to edit or delete any information published that may infringe on intellectual rights. Jewellery Trader agrees to handle personal data of users in accordance with the data protection clause.

Liability

Jewellery Trader’s liability and responsibility as a platform, is indemnified by the Trader user, for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the App or in connection with the use, inability to use, or results of the use of the App, any websites, Apps or third party linked to it and any materials posted on it.

Jewellery Trader 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, 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.

Our maximum aggregate liability to you under a contract is a sum equal to the price paid by you for the services for of any individual advertisement.

Information

A potential trader user, must supply an application to Jewellery Trader before becoming a trader user on the App or website proof of business address, an email address and telephone number. Jewellery Trader has the discretion to award trader user status to any applicant or terminate the status of trader user with immediate effect, if in Jewellery Trader’s sole discretion there are any breaches of the terms and conditions in this agreement, Apple’s terms and conditions, bankruptcy or any acts of insolvency or any misconduct or complaints against them.

PROHIBITED USES POLICY

You may only use the website and the App for lawful purposes.

Prohibited use of the services with its content includes:

If your use breaches any applicable law or regulation whether local, national or international; if your use is unlawful or fraudulent; if your use harms, or could harm, minors in any way; to send spam materials to other people; to knowingly introduce or transmit viruses, trojans, worms, logic bombs or other harmful codes which is malicious or technologically harmful; gaining or attempt to gain, unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App;

Attacking the App via a denial-of-service attack or a distributed denial-of service attack or do anything that could disable or impair the website; you must not interfere with or circumvent the security features of the service or the website and its content; and modifying, adapting, translating or reversing engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these terms or by law.

In addition if you breach any provisions of the computer misuse act 1990 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.

We reserve the right to terminate your use of the service or the website for violating any of the prohibited uses and your right to use the website will cease immediately. In the event of termination for whatever reason, the company shall not be liable for any refund, tokens or equivalent value on whatsoever basis.

You agree to indemnify Jewellery Trader and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these terms or applicable Laws.

DATA PROTECTION

Jewellery Trader and the trader user agrees that it shall, in relation to personal data processed in connection with this agreement (Public User Data): process the public user data in accordance with the data protection act 1998 (1998 Act) and any other applicable data protection legislation;

• process the public user data only so far as is necessary for the purpose of performing its obligations under this agreement;
• not to disclose or allow access to public user data other than by its employees, the App and website platform providers or third parties engaged to perform obligations pursuant to this agreement, and ensure that such employees or third parties are subject to written contractual obligations concerning the public user data which are no less onerous than those imposed by this agreement; and
• use all reasonable efforts to assist the other party to comply with such obligations as are imposed on that party by the 1998 Act. This includes the obligation to:
• provide the other party with reasonable assistance in complying with any subject access request served under section 7 of the 1998 Act;
• promptly inform the other party about the receipt of any subject access request;
• not disclose or release any public user data in response to a subject access request without first consulting with and obtaining the consent of the other party; and
• give notice to any data subject whose personal data may be processed under this agreement (including prospective public and trade users as well as those with whom it enters into contracts) of such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them (including personal data contained in any customer list) may be retained by or, as the case may be, transferred to the other party. In addition, each party shall obtain any necessary consents for such processing under the 1998 act. Where one party (data processor) acts as data processor on behalf of the other (data controller) in relation to the public user data, the data processor shall:
  • Maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the data controller by the seventh data protection principle set out in the 1998 act; and only process app data for and on behalf of the data controller for the purpose of performing its obligations under, and in accordance with, this agreement and only on written instructions from the data controller to ensure compliance with the 1998 act.
  • Each party agrees to provide the other with contact details of at least one employee as point of contact for all issues arising out of the 1998 act.
  • Each party shall indemnify the other against all claims and proceedings and all liability, loss, costs and expenses incurred by the other as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of that party's unauthorised processing, unlawful processing, destruction of and/or damage to any franchise data processed by that party, its employees or agents.
  • In this clause data controller, data processor, data subject, personal data and processing shall have the same meanings as set out in the 1998 Act, and process shall be construed accordingly.
  • Jewellery Trader shall extend its duty to trader user in relation to data protection clauses as given to public user.

SOFTWARE UPDATES

Jewellery Trade reserves the right to update the App and website from time to time. If it does so, the updated version will be effective immediately, with the current terms are available through a link in the App or website to this page as stated above.

Jewellery Trader will not be liable for any loss, directly or indirectly of information after and during the update of the App or website. Further to it, Jewellery Trader will not be liable if your mobile phone, tablet, computer or other device is no longer compatible with the software on such hardware or if the software you use is no longer compatible in using the App or website.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Jewellery Trader’s failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by future in writing.

Unless otherwise expressly stated, nothing in the terms shall create any rights or any other benefits whether pursuant to the contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, future and its group of companies.

COMPLAINTS AND IN-APP INTERACTIONS

We reserve the right, but are not obligated, to unilaterally or by receiving a complaint to limit the services to any person or legal entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We do not warrant the legitimacy or authenticity of any potential user you may meet or commercial deal you are expecting to execute or arrange. Furthermore as a user you will be liable personally for any liability arising from any commercial dealing. This is merely a hosting platform and we are not liable for any consequences arising from your decision to this site.

Jewellery Trader reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

PRICE AND PAYMENT

All purchases of the App occur within the App enabling the trader user to place their item for a cost of the number of tokens set by Jewellery Trader from time to time ("Tokens") and are subject the term and conditions the App’s platform provider. The value of the Token is governed at the time it is purchased, and its value maybe altered at the discretion of Jewellery Trader.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our App. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PRIVACY POLICY

Your submission of personal information, through the App is governed by our privacy policy. Jewellery Trader will only use your personal information in accordance with the terms of our privacy policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the App are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of any of its contents.

The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy and any of the material on the App may be out of date at any given time. We are under no obligation to update the App or its contents at any time.

Nothing in these terms of use is intended to detract from your rights (if any) as a public user.

LIABILITY

The use of the App is at your own risk. We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the App or in connection with the use, inability to use, or results of the use of the App, any websites, Apps or third party linked to it and any materials posted on it.

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, 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.

OUR LIABILITY TO ALL USERS

Nothing in these terms shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.

Unless otherwise expressly stated, nothing in the terms shall create any rights or any other benefits whether pursuant to the contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, future and its group of companies.

SEVERABILITY

If any court or competent authority decides that any Terms of Service is invalid, unlawful or unenforceable that provision shall be deemed deleted and the remaining provisions will continue in full force and effect.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us by email or in writing that you no longer wish to use our services, prior to the delivery of your artwork or within the 14 day return period.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time with notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).

Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.

NOTICES

All notices given by you to us must be given to Support@Jewellerytrader.london We may give notice to you at the email that you provide to us when placing an order and notice will be deemed received and properly served immediately after sending where sent by email.

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a Force Majeure Event.

A force majeure event means acts, events, omissions or accidents beyond our reasonable control, including but not limited to acts of God, extreme adverse weather conditions or natural disaster, war, threat of or preparation for war, terrorist attack, riots, compliance with any law, regulation or directive, failure of machinery, computers or vehicles, any labour dispute, non-performance by suppliers or subcontractors and interruption or failure of utility or transport service.

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 England and Wales.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the terms of service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website prior to your purchase. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the terms of service should be sent to us at hello@Jewellerytrader.London.