TERMS OF SERVICE
These Terms and Conditions apply to the Venessa Diamonds website (hereinafter referred to as "the Site") that is owned, managed and operated by COMPANY SSM NAME., a company incorporated in Malaysia under registration number Company SSM NO, and all of its divisions, subsidiaries, and affiliate operated Internet sites which refer to these terms and conditions.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT HAS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU SHOULD REVIEW THIS AGREEMENT, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS IT IS A BINDING CONTRACT BETWEEN Venessa Diamonds ("WE OR US" ) AND YOU ("YOU" ).
This Agreement applies to websites owned or operated by Venessa Diamonds, individually and collectively the "Site".
By using the Site You agree to be bound by the terms in this Agreement, including the Privacy Policy, and You agree to follow the guidelines and policies that Venessa Diamonds may post on the Site or provide You from time to time. If You do not agree to all of the terms of this Agreement, You are not permitted to access or use the Site, in which You should stop using and leave the Site. You understand and agree that from time to time Venessa Diamonds may modify the terms in this Agreement, and such modifications will immediately take effect upon their posting. Your continued use of the Site after a modification or amendments to the terms indicate that you accept and agree to any changes to the Agreement that have been posted. It is imperative that you check back from time to time to see if there have been any changes to the terms contained in this Agreement. This Agreement applies to all Users of the Site, including visitors, registered Users and persons posting information or content on the Site.
1. Privacy
We care about your privacy and your data. You may refer to our Privacy Policy to learn how we keep your data safe.
2. Description of Site and Eligibility to Use Site.
The Site is a place where You can discover, compare, learn, share and shop among your favourite brands and connect your shopping and shopping recommendations with others. You are also provided with the ability at your discretion to share shopping, recommendations or product interests and ideas. In return for our display of your content You agree to grant the license contained in section 4.1.2. below. Venessa Diamonds reserves the right in its sole discretion to modify, suspend, add to, remove or discontinue all or any portion of the features offered on the Site without any liability or obligation to You or to third parties. To access the Site, you must be at least 18 years old. By using the Site You represent that you comply with this age requirement.
3. Registration; Account Security
After you register on the Site, You will be allowed to provide information about You and your shopping insight and recommendations to others. During the process of registering, you will be asked to provide information about You. The information You provide must be accurate and you agree that you will keep it current at all times. You are solely responsible for maintaining the security of your account. A password will be provided for your use and protection. You agree to safeguard your password and any user name you have selected for your account. You also agree that it is you responsibility to keep your account safe; you are not to share your username or password or let anyone else access your account. If you believe that the security of your username, password or account has been compromised, please contact our customer service immediately.
4. Posting Content on the Site
4.1. Prohibited Content and Conduct.
Venessa Diamonds does not monitor all Content posted to the Site and will not be responsible for Content posted to the Site, or any third-party sites. You acknowledge that Venessa Diamonds does not regularly monitor the accuracy or reliability of Content. Venessa Diamonds does provide Guidelines for Prohibited Content and Prohibited Conduct (below) that You agree to follow in your use of the Site. Venessa Diamonds also reserves the right at any time and for any reason to disable access to any user account or to delete, edit or modify any Content posted to the Site without any liability to You or to any third party.
i. Prohibited Content. You agree that You will not post on the Site and your postings will not include:
• Content that violates the law or anyone's right, including intellectual property rights or other proprietary rights;
• Any sort of Contact Information or private information of any third-party;
• Information that is fraudulent, misleading and false;
• any program with software viruses or any other computer code designed to disrupt, eradicate or limit the functionality of any computer or telecommunications equipment;
• explicit content that would be inappropriate for the general public;
• Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence or anything else that we may consider offensive.
ii. Prohibited Conduct. You agree that in using the Site you are not to:
• Do anything that could disable, interrupt, or mess with the proper working of the Site;
• access, use or tamper with segments of the Site that are off limits to you;
• use any bots, or any other automated means to access the Site;
• collect or use addresses, phone numbers or email addresses or other contact information (together "Contact Information") of Users of the Site without consent from such Users;
• transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
• solicit private information (including social security numbers, credit card numbers and passwords) from Users of the Site;
• provide false personal information in your profile, create more than one profile, move your profile, create a profile on behalf of others or create a page without authorization;
• offer contests, sweepstakes, coupons or other promotion through the Site without our prior written consent;
• do anything that is illegal, infringing, fraudulent, malicious or could expose the Site, its Users, or Venessa Diamonds or its partners, affiliates, subsidiaries or parent companies, or any other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part to harm or liability; or
• attempt, encourage or facilitate any of the above
4.2. Ownership of Content and Submissions.
You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content You post to the Site, subject to the non-exclusive rights that You grant to us as outlined below. You hereby grant Venessa Diamonds a worldwide, perpetual, non-exclusive, royalty free, fully transferrable, fully sub licensable, license to use, reproduce, modify, transmit, distribute (through multiple tiers), publicly perform and display, and create derivative works of or otherwise make unauthorized use of the Content in any form, media or technology now known or later developed for any purpose whatsoever, subject only to our Privacy Policy. You agree that any questions, comments, suggestions, ideas, feedback or other information that you provide Venessa Diamonds ("Submissions") are non-confidential and non-proprietary. Venessa Diamonds will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgement or compensation to You.
4.3. Ownership; Proprietary Rights
Except for User Content, all materials, content, text, graphics, icons, images, software and trademarks on the Site are the property of Venessa Diamonds or its partners or affiliates subsidiaries or parent companies, or other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, and are protected by all relevant intellectual property laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Venessa Diamonds grants You a limited and revocable license to use the Site for the purpose of shopping online, also for adding other users to your downline.
5. SHOPPING ON THE SITE
When you use the Site as a shopper ("User") the terms of the above paragraphs shall apply. As a User, you will be allowed to shop with Venessa Diamonds as well as other partner Merchants or megastores, through links that take you directly to the Partner Merchant's website. In addition, You should be advised that other terms apply to your shopping experience.
5.1 Return Policies
Venessa Diamonds general return policy
Each merchant or megastore selling products or services on Venessa Diamonds will have its own unique return policy. Before you place an order on Venessa Diamonds, please read the Seller's return policy.
We are not responsible for items lost or damaged during return shipping. If you are concerned about items being lost or damaged during shipping, please insure your package for the value of the items being returned.
You are responsible for the cost of return shipping and insurance.
While we make every effort to ensure the accuracy of each order, occasionally there may be discrepancies present. It is crucial that you examine your order thoroughly when it is received. If an error is found please contact COMPANY SSM NAME at 604-228 2833.
5.1.1. Credit Card Processing
Venessa Diamonds facilitates the processing of your purchases. We process payment transactions for your orders, and pass some information about you, such as your order details and shipping information, to the merchants responsible for fulfilling your order. You authorize Venessa Diamonds to process payment transactions on your behalf and to pass your order details and shipping or other information to the merchants responsible for fulfilling your orders. You also authorize Venessa Diamonds to make adjustments or reversals to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.
5.1.2. Partner Merchants.
Several merchants you will find on the Site will result in you being linked or redirected to the Partner Merchant site to shop and complete your transactions. Once you are linked to the Partner Merchant site, Venessa Diamonds does not have any control over or responsibility for the experience on the Partner Merchant site.
5.1.2. Limitations on Liability.
You agree that Venessa Diamonds is not responsible or liable for (i) the availability or accuracy of the resources of third party Partner Merchant sites or resources; or (ii) the content, advertising or products or services on or available from such sites. You access these links at your own risk. Our Terms of Service and Privacy Policy only apply when you are on the Site. Once you are linked to another website, you should read and understand that website's terms of service and privacy statement before shopping or revealing any personal information.
5.1.3. Product Information.
Product information and prices are provided by merchants and/or third-parties. At Venessa Diamonds we do everything we can to ensure the accuracy of the product information or prices displayed, but there may be instances where errors could occur. Please notify us of any information or pricing discrepancies so that we may notify the merchants to rectify the issue. We apologize for any inconvenience that may result from these discrepancies.
6. ELECTRONIC COMMUNICATIONS
We may communicate with you regarding the services we provide by electronic communications, including sending electronic mail to the email address you provided when you signed up; posting notices or communications on the Site and communicating with you via authorized third parties (such as Facebook). You agree that we may communicate with you by means of electronic communications regarding these Terms of Service, notice or disclosures regarding the Site, payment authorizations, and any other matter relating to your use of the Site.
7. MOBILE
There are features of the Site that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier's normal messaging, data and other rates and fees will still apply. By using these Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or any other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event You change or deactivate your mobile telephone number, You agree to immediately update your account information on the Site to ensure that your messages are not sent to the person that has acquired your previous phone number.
8. Termination and Effect of Termination
You agree that Venessa Diamonds may at any time without notice or cause refuse service, terminate any rights granted herein, terminate accounts and/or cancel orders or portions thereof in its sole discretion, including, without limitation, if Venessa Diamonds determines or discovers that any User conduct violates applicable law or is harmful to the interests of Venessa Diamonds or the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or other methods) that we have for You in our records. You will still be liable for any breaches of this Agreement and/or obligations incurred before the Agreement ends. If you continue to use the Site after termination of the Agreement your continued use will constitute your agreement to the terms and conditions then posted on the Site. The provisions entitled "Ownership of Content and Submissions", "Limitation of Liability", "Ownership; Proprietary Rights" "Indemnity", "Disclaimer of Warranties" and the Privacy Policy will survive termination of this Agreement.
9. Indemnity
As a condition of your access to and use of the Site, you agree to hold the Site and Venessa Diamonds, and its subsidiaries, affiliates, partners, and parent companies, and all other corporations into which it merges or to whom it is otherwise acquired or sold, in whole or in part, its officers, directors, employees, agents, attorneys, partners and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of this Agreement (including terms incorporated into them, e.g., the Privacy Policy and any additional Terms), and any applicable law or the rights of another person or party; (iii) any dispute You have or claim to have with one or more Users of the Site; (iv) Venessa Diamonds's resolution (if any) of any dispute You have or claim to have with one or more Users of the Site; (v) your improper authorization for Venessa Diamonds to collect, use or disclose any data or Content provided by You; and (vi) any disclosures made with your permission (including, without limitation, your consent that Venessa Diamonds disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, You fully understand and agree that: (a) Venessa Diamonds will reserve the right but not the obligation to resolve disputes between Users relating to the Site and Venessa Diamonds's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Venessa Diamonds's resolution of a dispute will be final with respect to the Site.
10. DISCLAIMER OF WARRANTIES.
USAGE OF THE SITE IS AT YOUR OWN RISK. THE Venessa Diamonds SITE, FEATURES, PRODUCTS, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW Venessa Diamonds DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION.
11. LIMITATION OF LIABILITY.
THE Venessa Diamonds SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT ALLOWED BY LAW, Venessa Diamonds WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE Venessa Diamonds SITE , INABILILTY TO USE THE SITE, ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARY MATERIALS MADE AVAILABLE ON, IN CONJUNTION WITH OR THROUGHT THE SITE, EVEN IF Venessa Diamonds OR A Venessa Diamonds AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES.
12. APPLICABLE LAW.
All disputes shall be subjected to the jurisdiction/authority of the Courts in Kuala Lumpur (Malaysia). However, we may, in our absolute discretion commence any legal actions or proceedings arising out of these terms in any other court, tribunal or other appropriate forum, and you are hereby consenting to that jurisdiction/authority.
If you have any questions or suggestions regarding our Terms Of Service or Privacy Policy, please contact us at + 604-228 2833.