General Terms and Conditions of Use

General Terms and Conditions of Use

 

Terms and conditions for the supply of goods through the JOUD’S JEWELLERY online store (joudsjewelry.com).

These Terms and Conditions shall apply to all contracts entered by JOUD’S JEWELLERY (“JOUD’S JEWELLERY”, “we”, “our”, or “us”).

By placing your order and visiting the website with us you are accepting these Terms and Conditions.

Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service, “Terms & Conditions”), including those additional terms and conditions and policies referenced herein.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions carefully before using this Website.

The user acknowledges having been informed upon accessing this Website of the existence of the Website’s General Terms and Conditions of Use.

Consequently, any continued use of the Website signifies the user's full acceptance of these General Terms and Conditions of Use.

 

SITE ACCESS AND CHANGES

Our website changes regularly and access to this site is permitted temporarily. We aim to update our site regularly and may change the content at any time, including the product details and pricing without notice.

If the need arises, we may suspend access to our site, or close it indefinitely.

Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Ensured that all persons who access our site through your Internet connection are aware of these terms and that they comply with them. 

INFORMATION ABOUT US

This Website is operated by Intouch agency fzo ( www.intouchagency.com ) OUR RIGHT TO VARY THESE TERMS OF USE We may revise these Terms of Use at any time by amending this page.

Please check this page from time to time to ensure you are aware of any changes we have made, as they are binding on you.

Your continued use of the Website after any such changes are posted will be considered acceptance of such changes.

Notwithstanding the foregoing, a notice of any changes may be by email to you at the last email address you provided us or by other means, consistent with applicable law.

 

CHANGES TO OUR WEBSITE

We may update our website from time to time and may change the content at any time.

However, please note that content on our website may be out of date and we are under no obligation to update it.

We do not guarantee that our website, or any content on it, will be free from errors or omissions.

 

ACCESSING OUR WEBSITE

Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or uninterrupted.

Access to our Website is permitted temporarily. We may suspend, withdraw, discontinue, or change all or any part of our website without notice.

We will not be liable to you if for any reason our website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.

Ensured that all persons who access our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

 

YOUR ACCOUNT AND PASSWORD

You may register for an account on our website.

If in registering for an account, we provide you with a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential.

You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or for any other purpose or reason, without notice or liability to you.

If you know or suspect that anyone other than you know your user identification code or password, please promptly contact us at https://joudsjewelry.com/pages/contact-jouds-jewelry

We may use information that you have provided to us to contact you about products or services which we feel may be of interest to you, subject to your rights under applicable law.

 

INTELLECTUAL PROPERTY RIGHTS

Joud’s Jewellery and/or its licensors own all rights, titles, and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code, and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the content on the Website, including but not limited to any copyrights, trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein.

Your use of the Website does not grant you ownership of any content on the Website.

Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to these Terms of Use, Joud’s Jewellery grants you a limited, revocable, non-sublicensable, and non-transferable license to use the Website and the materials contained thereon only for your personal, domestic, and private use.

 

You must not use any part of the content on our website for commercial purposes without obtaining a specific license to do so from us or our licensors.

If you print off, copy, or download any part of our website in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. TRADEMARKS “Joud’s Jewellery”, and the logo are registered trademarks of CAJ DIAMONDS DMCC. More generally, the trademarks, logos, service marks, and trade names (individually, a “trademark” and collectively, the "Trademarks") displayed on the Website or content available through the Website are registered and unregistered trademarks of Joud’s and others and may not be used unless authorized by the trademark owner.

All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission or that of the third-party trademark owner.

Your misuse of the trademarks displayed on the Website is strictly prohibited.

 

PROHIBITED CUSTOMER ACTIVITY

Unless expressly permitted in these Terms of Use or with our written consent, you may not copy, reproduce, distribute, publish, enter a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the contents of this Website. You agree not to use our website for any commercial or business purposes.

You shall not: (I) engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content or make unauthorized use thereof.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

 

NO RELIANCE

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our website is accurate, complete, or up to date.

We also try to accurately display the colours of the products you see on the Website.

However, we cannot guarantee that the colours you see on your monitor will be accurate.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold JOUD’S JEWELLERY and CAJ DIAMONDS DMCC, and its respective subsidiaries and affiliates, and its and their respective directors, officers, employees, and agents (collectively, the “Joud’s jewellery”) harmless from any claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any, content, information, software or other materials through the Website, or your breach or violation of the law or these Terms of Use, excluding the gross negligence or wilful misconduct of the Joud’s jewelry.

Joud’s jewelry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Joud’s jewellery’s defense of the such claim.

This indemnification obligation shall survive the termination or expiration of these Terms of Use and your purchase of any products.

Disclaimer of warranty and limitation of liability to the maximum extent permitted by applicable mandatory laws, this website and its content are provided “as is” excluding any warranties of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any such warranties, express and implied.

We do not warrant that the website or the services, content, functions, or materials contained therein will be timely, secure, uninterrupted, or error-free, or that defects will be corrected.

We make no warranty that the website will meet the user’s requirements.

No advice, results, or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited by applicable laws.

We will not be liable to you and/or any user for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise, and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, our website; and/or use of or reliance on any content displayed on our website. please note that in particular and to the maximum extent permitted by applicable law, in no event, including but not limited to negligence, shall we, any of our affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any other indirect, special, incidental, consequential, exemplary or punitive loss or damage arising from, or directly or indirectly related to, use of the website even if foreseeable. to the maximum extent permitted by applicable law, in no event shall the total aggregate liability of the protected entities for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the website or any product ordered via the website exceed, in the aggregate, the amount paid by you to us for the purchase of products via the website which product(s) is the subject of the claim.

This section and sections c and d shall not apply to the event that we engaged in gross negligence, fraud, wilful or reckless misconduct, or where such section(s) violates an established right of a consumer under the law.

Further, we do not in any way exclude or limit our liability for:  (a) fraud or fraudulent misrepresentation; or  (b) any matter that by law may not be limited or excluded. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any content on it, or on any Website linked to it Different limitations and exclusions of liability will apply to liability arising because of the supply of any products or services by us to you, which will be set out in our Terms and Conditions of Supply of Products.

 

PROHIBITION ON UPLOADING CONTENT TO OUR WEBSITE

You may not upload content to our website or contact other users of our website. If you upload content to our website or contact another user of our website in contravention of these Terms of Use: we will immediately remove any posting you make on our website (if relevant); and we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our website.

We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our website.

If you upload content to our Website or contact another user of our Website, we may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their legal rights (including, without limitation, intellectual property rights, or their right to privacy).

 

LINKING TO OUR WEBSITE

Our website must not be framed on any other website. If you wish to make any use of the content on our website, you must obtain our prior written consent. Please contact us through this link . 

 

VIRUSES

We do not guarantee that our website will be secure or free from bugs or viruses. You configured your information technology, computer programs, and platform to access our website.

Please ensure that you use virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful.

You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.

By breaching this provision, you may commit a criminal offense. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them.

In the event of such a breach, your right to use our website will cease immediately.

 

THIRD-PARTY WEBSITE LINKS

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only and shall not be construed in any way as an endorsement by us of the linked website or resources. Please note these websites have their privacy policies and terms of use, which you should read before accessing the third-party websites.

We have no responsibility for the content of those websites or pages and accept no liability for any losses whatsoever that may be incurred because of any linking to the same.

 

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the party’s intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.

 

APPLICABLE LAW

These Terms of Use are governed by and shall be interpreted under the laws of the UAE without regard to any conflict of law provision.

 

VENUE AND JURISDICTION

You agree to bring all claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use exclusively in Courts located in UAE and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these Terms of Use.

These General Terms and Conditions of Use are governed by UAE law.

Should any dispute arise about the application and/or interpretation of these General Terms and Conditions of Use, the User may have recourse to contractually agreed on mediation proceedings or to any other method of alternative dispute resolution.

Any so-called consumer disagreement or dispute may be resolved amicably via mediation, a brief description of the facts and evidence confirming that they first tried to solve the dispute with Joud’s Jewellery should be shown as evidence.

The User remains free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.

If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Use shall be submitted to the jurisdiction of the competent court of the User’s place of residence.

If either Party decides not to act against the other Party in the event of a breach of any one of its obligations set out within these General Terms and Conditions of Use, this may not be interpreted for the future as a waiver of the obligation in question.