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TERMS & CONDITIONS

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Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

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This website is provided by Vancouver Island Jewellers (Dievert’s Jewellers). By using this website or by placing any purchase orders using the website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

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This website is not intended for persons under 18 years of age. We do not knowingly collect or store information on children under 18 years of age from our website. If we learn that a child has requested email communication without his or her parent's consent, we immediately, upon parental request, remove all information concerning the child from our database.

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ACCOUNT TERMS

By registering with the Website you can access or view the prices, product inventories, andbsubmit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

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ACCEPTABLE USE

You shall not do any of the following or permit any other third parties to do any of the following:

(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;

(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

(d) Account sharing, including, without limitation, letting third parties use your account and password.

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MODIFICATION OF THESE TERMS & CONDITIONS

Vancouver Island Jewellers (Dievert’s Jewellers) reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

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PAYMENT

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.

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ELECTRONIC COMMUNICATIONS

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

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COPYRIGHT AND LICENSES

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Vancouver Island Jewellers (Dievert’s Jewellers). All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Vancouver Island Jewellers (Dievert’s Jewellers).

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LICENSE

Vancouver Island Jewellers (Dievert’s Jewellers) grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Vancouver Island Jewellers (Dievert’s Jewellers). You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Vancouver Island Jewellers (Dievert’s Jewellers).

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You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

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Vancouver Island Jewellers (Dievert’s Jewellers) authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

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DISCLAIMER AND LEGAL NOTICE

This website and related information is provided by website on an as is and as available basis and is subject to change or deletion without notice. Vancouver island jewellers (dievert’s jewellers) makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, vancouver island jewellers (dievert’s jewellers) disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Vancouver island jewellers (dievert’s jewellers) does not warrant that this website, its servers, or email sent from website are free of viruses or other harmful components. Vancouver island jewellers (dievert’s jewellers) will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Website uses reasonable efforts to include accurate and up-to-date information on this website. Vancouver island jewellers (dievert’s jewellers) assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, vancouver island jewellers (dievert’s jewellers) shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Certain provincail laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

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THIRD PARTY LINKS

For your convenience Vancouver Island Jewellers (Dievert’s Jewellers) may provide, links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Vancouver Island Jewellers (Dievert’s Jewellers) does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Vancouver Island Jewellers (Dievert’s Jewellers) sponsors, endorses, is affiliated or associated with any linked third party websites.

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APPLICABLE LAW

By visiting the Website, you agree that the laws of the province of British Columbia, Canada, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Vancouver Island Jewellers (Dievert’s Jewellers).

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DISPUTES

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in the Province of British Columbia, Canada. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, and subcontractors from and against any and all damages, costs and expenses (including, without limitation, attorneys’ fees) incurred as a result of your use of this website or breach of these TERMS OF USE.

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GENERAL TERMS

The Terms of Use constitute the entire agreement between you and us relating to your use of the Website and the Content. We reserve the right to investigate actual or potential violations of the Terms of Use and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information we deem necessary or appropriate relating to user profiles, email addresses, usage histories, posted materials and IP addresses. We reserve the right to seek any and all remedies available at law and in equity for violations of the Terms of Use. The Terms of Use will be governed by the laws of the Province of British Columbia Canada without giving effect to its laws, rules or principles regarding choice or conflict of laws. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

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