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TERMS AND CONDITIONS OF USE

This website www.16diamonds.com (“Website”) is owned and operated by “www.16diamonds.com

1. Acceptance and Compliance

1.1
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (known collectively as “Terms and Conditions”).  By accessing the Website you agree to the Terms and Conditions.  16diamonds.com may amend the Terms and Conditions and modify or discontinue, temporarily or permanently, the Website at any time with or without notice or explanation.  You agree that 16diamonds.com will not be liable to you or any third party as a result of such modification or discontinuation.  Amended Terms and Conditions will have immediate effect.

2. Use of Website

2.1
The Website and its content are made available for your personal, non-commercial use.  You may not download, reproduce, modify, copy, distribute, show in public or commercially exploit any of the materials or content of the Website without prior written permission from www.16diamonds.com.
2.2
You may not use the Website for any of the following purposes:
any activity which is unlawful, illegal or immoral including the making, transmitting or electronic storing of materials protected by copyright without the owner’s permission; or any activity which violates or interferes with the Website or the rights of www.16diamonds.com.
2.3
www.16diamonds.com reserves the right to suspend or terminate your access to the Website and/or suspend or cancel your registration at any time, with or without notice or explanation. All restrictions imposed on you, disclaimers and limitations on liability set out in the Terms and Conditions will survive termination.

3. Access outside of Hong Kong

 
www.16diamonds.com makes no promise that the content of the Website is appropriate or available for use in locations outside Hong Kong. If you choose to access the Website from locations outside Hong Kong, you do so at your own risk and are responsible for compliance with any relevant local laws.

4. Copyright and other Intellectual Property

4.1
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights. All content of the Website and any corresponding intellectual property rights belong to 16diamonds.com and/or its agents and representatives unless indicated otherwise on the Website. Nothing contained in the Website should be construed as granting any license or right of use of any trademark or other intellectual property right belonging to www.16diamonds.com or a third party.

5. Account and Password

5.1
When you complete the registration form on the Website, you shall be provided with your own member’s account and password. You agree to keep your password secure and confidential. You shall be responsible for maintaining the confidentiality of your account and password and shall be fully responsible for all actions that are carried out under your account. You shall immediately notify 16diamonds.com of any unauthorised use of your account and/or failure to keep your password secure or confidential, or any other security / safety issues.
5.2
www.16diamonds.com reserves the right to reject your registration at its sole and absolute discretion.
5.3
www.16diamonds.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 5.

6. Transactions with Advertisers

6.1
www.16diamonds.com shall not be liable for any loss of information or damage arising from any services, communications and/or business dealings contributed by any service provider or advertiser to 16diamonds.com or from any participation by any service provider or advertiser with 16diamonds.com in respect of any promotional activity, including but not limited to the payment and/or delivery of goods and services or any other related transactions and services.

7.  Users' rights

7.1
You agree not to modify, exploit, rent, loan, sell and/or distribute any service or software provided by 16diamonds.com or any service provider or advertiser in respect of the Website, in whole or in part, and whether with or without any creative derivative works, unless you have obtained the prior written consent of 16diamonds.com or the relevant service provider or advertiser.
7.2
www.16diamonds.com shall grant you a personal, non-transferable and non-exclusive right to use any service or software provided by 16diamonds.com or any service provider or advertiser in respect of the Website on a single computer only.
7.3
Without prejudice to Clauses 7.1 and 7.2, you agree to use any software provided by 16diamonds.com or any service provider or advertiser in respect of the Website for reference purposes only. You shall not modify such software, reverse engineer or reverse assemble or otherwise attempt to discover any source code or sell, assign or provide such software or any of its modified versions to any third party.

8. Indemnity

8.1
You agree to indemnify and hold 16diamonds.com, its officers, directors, agents, and/or employees harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees) incurred or suffered by 16diamonds.com in connection with or arising from your breach of the Terms and Conditions and/or your use of the Website or the services provided by the Website.

9. Disclaimer and Liability

9.1
Nothing on the Website should be construed as the giving of advice or the making of a recommendation. It should not be relied on as the basis for any decision or action.
9.2
Whilst all reasonable care is taken to keep the content current, the content of the Website may become out of date from time to time and may contain inaccuracies or typographical errors. The use of the Website and content is at your own risk and 16diamonds.com disclaims all warranties to the extent permitted by law.
9.3
Due to the nature of the internet, availability of the Website may be subject to interruption, transmission blackout, delay and incorrect data transmission. 16diamonds.com shall not be liable for lack of availability, failures of internet connectivity, breach of security, other faults or computer viruses that may be downloaded with materials from the Website.
9.4
To the extent permitted by law, 16diamonds.com shall also not be liable for any direct or indirect, consequential, incidental or special loss, including loss of revenue or income, profit, diminution in value or loss of business reputation or opportunity, exemplary or punitive damages, costs, claims or expenses incurred arising out of or in connection with:

(i) any use of, or inability to use the Website or its content or software or from any action taken, or omitted to be taken, as a result of using the Website or accessing its content;

(ii) any service provided by 16diamonds.com, including but not limited to the provision of any goods purchased through the Website, data, information or related services, or the exchange of any goods and/or services;

(iii) any unauthorised access or alteration to your account on the Website; and

(iv) any service provided by any third party by any means.

10. Illegal Acts

10.1
You are strictly prohibited from using a false name or a credit card which you know to be invalid to order any goods. You shall be prosecuted if you are caught willfully entering an erroneous or fictitious order.

11. Governing Law

11.1
The Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong.

12. Miscellaneous

12.1
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect.
12.2
If you breach the Terms and Conditions and 16diamonds.com waives the breach, www.16diamonds.com will still be entitled to enforce its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
12.3
You agree that 16diamonds.com may collect, store, and use your personal data in accordance with 16diamonds.com’s Privacy Policy. You acknowledge and agree to be bound by the terms of 16diamonds.com’s Privacy Policy, a copy of which can be found [here].