TOMADE JEWELRY

TERMS OF USE


These terms of use (“Terms of Use”) tell you about the terms and conditions on which you may use our website www.tomade.com (“our site”).

Please read these Terms of Use carefully before you start to use our site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them.

1. INFORMATION ABOUT US

1.1 www.tomade.com is a website operated by tomade Limited (we, our, us). We are registered in Hong Kong.

2. PURCHASE OF PRODUCTS FROM tomade.com

2.1 The purchase of any products through our site is governed by our terms of sale.

3. YOUR PERSONAL INFORMATION

3.1 When contacting us through the site, you may provide certain personal information. We process information about you in accordance with our privacy policy.

4. YOUR ACCOUNT AND PASSWORD

4.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.

4.2 We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

4.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at [email protected]

5. UNBOXED

5.1 As part of our site, we offer a feature called Unboxed which allows you to create a profile, connect with other users of our site and share opinions and experiences and content around any products you have purchased from us or any our products you like or are interested in buying.

5.2 To use Unboxed, you will need to set up an account and create a profile. You may connect to Unboxed with a third-party service (e.g., Facebook) and you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.

5.3 When you make a purchase on our site, we will display our catalogue image of the purchase on a searchable map as a way of showing the approximate location of the delivery address you give when making a purchase. We do not disclose any personally identifiable information on our map and only display our catalogue image of the purchase you made by reference to the postcode of the delivery address.

5.4 If you have created a profile on Unboxed and have opted to be contacted by our users through our searchable map or Unboxed, our users will be able to message you to ask you questions or obtain your feedback about your purchases.

5.5 If you have not created a profile on Unboxed, our users may contact us wishing to speak to you about your purchases as a result of using our searchable maps as described in clause 5.3 above and we will contact you to ask if you are willing to speak to another user. If you are, you will be prompted to create a profile on Unboxed and the user will be able to message you. You may also opt out of receiving our communications concerning contact from other users and Unboxed at any time.

6. USER CONTENT

6.1 You confirm that images, sounds, text or information that you share or create (“User Content”) whilst using Unboxed will meet the Rules of Acceptable Use (as below).

6.2 You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence and sub-licence the User Content anywhere and in any form for the purposes of operating our site and business.

6.3 Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our privacy policy.

6.4 We do not check or moderate any User Content before it is added to Unboxed. We may later check, moderate, reject, refuse or delete any User Content if we believe that it breaks any of the Rules of Acceptable Use.

7. RULES OF ACCEPTABLE USE

7.1 In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of Unboxed and any other interactive feature of our site (the “Rules of Acceptable Use”).

7.2 When using our site you must not: (a) circumvent, disable or otherwise interfere with any security related features of the site or features that prevent or restrict use or copying of the content accessible via the site; (b) give any false information in your account details; (c) take another person’s identity without that person’s permission or misrepresent you are acting on behalf of a person, entity or organisation; (d) use the site if we have suspended or banned you from using it; (e) send junk, spam or repetitive messages; (f) engage in any illegal or unlawful conduct; (g) modify, interfere, intercept, disrupt or hack the site; (h) misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the site, any site user’s equipment or have a detrimental impact on any site user’s experience of using the site; (i) collect any data from the site other than in accordance with these Terms of Use; (j) submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive; (k) abuse, harm or bully another site user, member of our staff or person; (l) submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or (m) submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).

7.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use the site; (b) immediate, temporary or permanent removal of any User Content; (c) issuing of a warning to you; (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7.4 The responses described above are not limited and we may take any other action we reasonably deem appropriate.

8. NOTICE AND TAKE DOWN POLICY

8.1 If you believe that content available through the site:

(a) infringes your rights or any rights of a third party you represent; or

(b) otherwise breaches the Rules of Acceptable Use,

please tell us immediately by using the reporting tool that appears next to each comment within the site.

8.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.

8.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.

9. LIMITED LICENCE

9.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:

(a) making commercial use of our site's content;

(b) reproduction of the Made name, logo, trade marks or any other content available on our site; and

(c) downloading or copying any of our site content for yourself or for a third-party.

9.2 If you wish to make any use of material on our site other than that set out above, please contact: [email protected].

10. DISCLAIMER AND LIABILITY

10.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.

10.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.

10.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.

10.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.

10.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.

10.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.

10.7 If you are browsing our site as a consumer, then nothing in these Terms of Use or any additional terms limits any consumer’s legal rights which cannot be changed by these Terms of Use.

10.8 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury due to our negligence or for any liability for our fraud or fraudulent misrepresentation.

11. LINKS AND LINKING

11.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.

11.2 You may link to our home page (www.tomade.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.

12. VARIATIONS

12.1 We may revise these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we make.

13. SEVERABILITY

13.1 If any of these Terms of Use is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.

14. JURISDICTION AND APPLICABLE LAW

14.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. These Terms of Use are governed by English law.

15. FEEDBACK

15.1 If you would like to provide feedback on our site, please contact us at [email protected].

COMPETITION TERMS

These competition terms (“Competition Terms”) set out the terms and conditions applicable to each prize draw, competition or other prize promotion (each, a "Competition") that we run.

The details of each Competition that we are currently running are set out in Section A below. If you wish to enter a Competition, the relevant Competition-specific terms in Section A will apply. In addition, the general terms set out in Section B will apply to every Competition that we run.

SECTION A – CURRENT COMPETITIONS

Facebook Competition - How many pieces of stationary

Any Competition described in this Section A will be governed by the terms set out in this Section A and also the general terms set out in Section B below.

1. INTRODUCTION

1.1 This Competition is open to residents of the UK (including Northern Ireland) aged 18 or over at the date on which they enter the Competition, except for employees of tomade.com, its group companies, agents or anyone professionally connected with this Competition and any member of their respective immediate families.

1.2 Entry to the Competition opens on Monday 14th March 2016, 8am and closes on 12noon Friday 18th March 2016. 1.3 No purchase is necessary to enter the Competition.

2. HOW TO ENTER THE COMPETITION

2.1 To enter the Competition, comments below the Facebook video post with the correct answer.

2.2 Only one entry is permitted per person.

3. WINNERS

3.1 One winner will be selected at random from all eligible entries on Monday 21st March 2016 using a random computerised programme.

3.2 Winners will be notified via a comment under their correct answer on the Facebook post and will be asked to send their email address via private message on Facebook.

4. PRIZES

4.1 There is a total of 1 prizes available to be won: £100 tomade.com gift voucher with no minium spend, vaild for 6 months

5. CONDITIONS

5.1 In the event that tomade.com is unable to contact a winner within 2 working days of the relevant draw, tomade.com reserves the right to award the prize to an alternative winner selected at random

5.2 The gift voucher code will be send via email to the winner.The prize(s) will be delivered within 30 working days from a valid acceptance of the prize.

SECTION B – GENERAL COMPETITION TERMS

1.1 By entering a Competition, all participants will be deemed to have accepted the relevant Competition-specific terms and conditions in Section A above and the general terms and conditions set out in this Section B. All entry instructions form part of these terms and conditions.

2. CONDITIONS

2.1 No entries received after the closing time will be eligible to win a prize.

2.2 In order to enter a Competition that is only run online you must have an Internet connection and in order to enter a Competition that is only run through a social media platform, you must have an account with that social media platform.

2.3 Should the prize for a Competition be unavailable, a prize of equal or greater value will be substituted. There is no cash alternative available. Prizes are non-transferable and cannot be resold. tomade.com reserves the right to substitute an alternative prize of equal or greater value. Unless otherwise agreed in writing by tomade.com, the prize will only be awarded to the winner.

2.4 Each winner agrees to participate in reasonable publicity as may be required by tomade.com in respect of the Competition. tomade.com reserves the right to publish each winner's name, photograph and county on its website, Facebook page and/or Twitter account or to publicise the prize-giving presentation within a year of the closing date.

2.5 Each winner's name and county are available on request by emailing [email protected].

2.6 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.

2.7 All costs and expenses not included within the prizes are the responsibility of the winner(s).

2.8 tomade.com reserves the right at any time, in its absolute discretion, to:

2.8.1 verify the eligibility of any participant (including their age (if the Competition has age restrictions) and place of residence);

2.8.2 disqualify any participant found to be abusing or tampering with the operation of the Competition or entering using fraudulent means, or who the promoter believes to have acted in breach of these terms and conditions; and

2.8.3 disqualify participants who do not give correct contact details or those who make an entry on someone else's behalf;

2.8.4 if a Competition is being run on one or more of tomade.com's social media platforms, disqualify any participant posting an entry or a comment to tomade.com's social media platforms from time to time that is, in tomade.com's opinion, inappropriate, offensive or upsetting to other participants, fans of tomade.com or directly aimed at tomade.com, or contrary to applicable law, and to remove any such entry or comment.

3. LIABILITY

3.1 To the fullest extent permitted by law, tomade.com excludes liability for any losses, damages or claims incurred by any person in connection with the Competition or receipt or misuse of any prize.

3.2 Except as otherwise required by applicable law, tomade.com accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.

3.3 If a Competition is being run on one or more of tomade.com's social media platforms or another third party's platform, that Competition is not in any way sponsored, endorsed or administered by, or associated with that social media platform or third party (as applicable). Participants acknowledge that such social media platform or third party (as applicable) shall not have any liability to them in connection with that Competition.

4. GENERAL

4.1 Any decision of tomade.com in respect of a Competition is final. For questions regarding a Competition, email [email protected].

4.2 tomade.com reserves the right to extend, withdraw, alter or suspend a Competition or these terms and conditions (including the terms in Section A relevant to the Competition) at any time if circumstances beyond its control make this unavoidable.

4.3 All personal data submitted in connection with a Competition will be processed by tomade.com for the purposes of administering and managing that Competition and prizes (where applicable) and verifying the eligibility of each participant. tomade.com is committed to protecting the privacy of all participants. Data that is collected from or about participants will be used in accordance with tomade.com's Privacy Policy.

4.4 Any images are an illustrative example and do not show the exact prize(s).

4.5 Each Competition and these Competition Terms (including the Competition-specific terms in Section A and the general terms in this Section B), and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each participant irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with any Competition or these Competition Terms.