PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Your use of paviliondiamondsinternational.com (collectively the “Website”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using the Website, you signify your acceptance of these Terms and Conditions.
Pavilion Diamonds International Inc. also referred to as (“PDI”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Website. Your continued use of the Website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The Website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of PDI, and/or its third party providers (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of PDI and/or the applicable Third Parties. Pavilion Diamonds International Inc., paviliondiamondsinternational.com, and all other PDI related trademarks and design marks displayed on the Website (collectively, the “Trademarks”) are registered and common law trademarks of PDI. Other trademarks and design marks appearing on this Website are trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of PDI or such other party that may own the applicable trademarks.
Use of Website
Neither the Website nor its content may be, in whole or in part, copied, reproduced, “mirrored” on a server, republished, uploaded, posted, transmitted, distributed, sold, rented, licensed, sub-licensed, in whole or in part, without the written permission of PDI, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Website. The use of such content on any other web site or in any environment of networked computers is prohibited.
You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Website: (1) constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law; (2) which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or (3) otherwise use this Website in a manner which is contrary to law or electronic etiquette, or which would adversely impact use of the Website or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.
In its sole discretion, in addition to any other rights or remedies available to Pavilion Diamonds International Inc. and without any liability whatsoever, PDI at any time and without notice may terminate or restrict your access to any component of the Website.
User name and password
Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. PDI recommends that you choose a password that is unique to you and not easily guessed by others.
All login names and passwords remain the property of PDI, and may be cancelled or suspended at any time by Pavilion Diamonds International Inc. without any notice or liability to you or any other person. PDI is not under any obligation to verify the Pavilion Diamonds International Inc. Actual identity or authority of the user of any login name or password.
You must immediately notify PDI of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Except as explicitly provided in these Terms and Conditions as amended from time to time, PDI and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Website and/or any content provided on the Website, all of which are provided on an “as is” and “as available” basis. Although reasonable efforts are used to ensure that the Website will be current and will contain no errors or inaccuracies, information contained on the Website may contain typographical or other errors. PDI and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaim all warranties and conditions in respect of the Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Pavilion Diamonds International Inc. and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website. In no event shall PDI or any of the Third Parties, nor their respective directors, employees, agents, representatives, successors and assigns, be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, the operation of the Website, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of the Website for purchases) even if advised of the possibility of damages. In any event, you agree that PDI’ aggregate liability for damages shall be limited to $100.00.
You shall indemnify and save harmless PDI and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Website or any violation of these Terms and Conditions by you or users of your account.
PDI reserves the right to change, update, delete or remove any content from the Website, in whole or in part, at its sole discretion, at any time, without notice.
The Website contains links to web sites owned or operated by other entities which are not associated or affiliated with PDI or the Third Parties. PDI is not responsible for the accuracy, reliability or currency of the information provided by external sources. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by PDI or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. PDI and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk.
Framing of the Website or any of its content in any form and by any method is strictly prohibited. Links to the Website must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Website.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on the Website.
In the event that any part of a provision(s) of these Terms and Conditions is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extent possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of these Terms and Conditions is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the remainder of these Terms and Conditions. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void, such determination shall not affect the validity and enforceability of any other remaining provisions.
PDI is a corporation under the laws of Ontario. The Website is physically maintained and operated by PDI within the Province of Ontario, Canada. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and should be treated as an Ontario contract without reference to the principals of conflicts of law. All disputes arising from or in connection with the Website shall be subject to the jurisdiction of the courts of the Province of Ontario. You adhere to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate any legal proceeding arising out of or in connection with the Website. Any disputes shall be submitted to the non-exclusive jurisdiction of the Courts of Ontario.
In case you are a visitor to this Website who reads, accepts, and agrees to the French language version of these Terms and Conditions, you confirm and acknowledge that the English language version of these Terms and Conditions will govern in the event of any inconsistency between the English and French versions.