Website Terms of Use
When using the BARRYGEMS website
Introduction
Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices, and disclaimers contained in this document or referred to in this document (known collectively as the Website Terms of Use).
Your use and/or continued access to the website constitute your agreement to these terms.
If you do not agree to these terms and conditions, you must not use or access the website.
We reserve the right to amend these terms at any time. The amended terms of use will be effective immediately upon being posted to the website.
Since you will be bound by the amended terms and conditions upon posting, you should visit this page periodically to review the terms of use.
If you breach any of these terms we may terminate your right to use and access the website.
Purchasing of Products
If you purchase any of the products that are available from our online store at barrygemsjewellery.com, then the terms will also apply in addition to others.
Intellectual property rights
We own the intellectual property rights (including copyright, contents, and trademarks) on this website.
You must not copy, modify, transmit or adapt the contents of the website including the website, otherwise, you infringe on our intellectual property.
All materials displayed on the website, including without limitation to; all information, text, photographs, illustrations, artwork, and other graphic materials are the property of BARRYGEMS.
BARRYGEMS and all its entities including the website are protected by copyright, trademark, and other intellectual property laws.
All Content may be downloaded, viewed, and printed for your personal, non-commercial use only and provided that all content is intact and in the same form as presented on the website (including all copyright, trademark, and other proprietary notices).
Except as permitted above, you must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any content to any third party without the express prior written consent from our head office.
Privacy
All personal information that you supply in connection with our website will be collected, used, disclosed, and managed by us according to the terms of our Privacy Policy.
You consent to our dealing with your personal information under the Privacy Policy.
You also agree to use the website under any other policies that we publish on the website from time to time.
Your Comments and Posting Policy
When using the website you must not do any of the following;
Use any electronic communication feature of the website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by us in our sole and absolute discretion.
You must not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining written permission from the owner of such rights.
Collecting or Storing Personal Data About Other Users
You must not use our website for any commercial purpose unless expressly approved by BARRYGEMS in writing.
Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Website; or
You must not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of the website or any computer software or hardware, or telecommunications equipment.
From time to time on certain areas of our website you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials (User Content).
Your user content must be in English. We or our content moderators may delete comments in other languages from time to time if we deem them inappropriate for viewing.
It is your responsibility to ensure that your User Content is not in any way racist, defamatory, in breach of anyone’s privacy or any other legislation and that you use respectable language.
By using the above features, you agree that you will not do any of the following;
Submit or post any content that is unlawful, harmful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by us.
Submit or post any content that contains personal information about any individual, violates the privacy of any person, or includes anything that you are under a contractual obligation to keep private or confidential.
Impersonate any person or organization, including without limitation, the personnel of BARRYGEMS, or misrepresent an affiliation with another person or organization.
Submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of our website, or a feature of the website.
If you provide personal information about yourself through our website, we will collect, hold, use and disclose that personal information under our privacy policy.
Your Agreement
You understand and agree that you have no ownership rights to any account you may have with us or other access to the website, your user content, or other features contained on the website.
We may cancel your account and delete all user content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.
We hold no liability for any information removed from our website and reserve the right to permanently restrict access to the website or a user account.
For greater certainty, and without limiting the effect of the foregoing, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user content, or to request a user to modify or edit his or her user content, if a complaint or notice of allegedly infringing materials is received concerning the user content, or for any other reason.
By displaying, publishing, submitting, or otherwise posting any user content on or through the website (and other entities), you hereby irrevocably grant to us a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such user content in any media now known or developed in the future without the requirement to make payment to you or to any third party or the need to seek your or any third party permission.
Further, you waive all moral rights in and to all user content that you post, upload, or otherwise submit to or through, the website and other related channels in favour of BARRYGEMS.
This license and waiver of rights include the right to host, index, cache, distribute, and tag any user content, as well as the right to sublicense user content to third parties, including other users, for use on other media or platforms known or developed in the future, such as for use on mobile phones, or in video, music, software or other computer programs.
You retain all ownership rights you hold in your user content, and you retain any right to use your content in any way you choose, subject to these terms and the license described in these Website Terms of Use.
Disclaimer
While we endeavor to take reasonable care in preparing and maintaining the information on the website, we make no representation about the accuracy, reliability, adequacy, completeness, or timeliness of the content, including the price of any products available for purchase from barrygemsjewellery.com.
The content may contain inaccuracies or typographical errors. The content is subject to change at any time without notice and may not be up to date or accurate at the time you view it. The use of the Website and Content is at your own risk.
Exclusion of Warranties
Any warranties concerning any products that you purchase from our online store at barrygemsjewellery.com will be determined under the terms of sale.
To the maximum extent permitted by applicable law;
We do not warrant that we are able to prevent any illegal, harmful, or inappropriate use, modification, or alteration of the website, or that it will give notice of such use, modification, or alteration.
Your use of the website and the information on it is at your own risk, and the website and its contents are provided on an "as is" basis without any warranties of any kind.
We may change the website or limit or terminate your access to the website at any time without notice.
We make no representation that the contents of the Website comply with the laws of any country outside Australia.
If you access the website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
Limitation of liability
Any liability related to any products that you purchase from our website will be determined under the terms of sale listed above.
To the extent permitted by law and without limiting any non-excludable consumer rights you may have, we will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive loss or damages of any nature whatsoever, including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with our website, or any use of or access to, or any inability to use or access, the website.
Compliance with all applicable laws
You acknowledge and agree that you will be solely responsible for ensuring that your use of the website complies with all laws that apply to you.
Hyperlinks
Our website contains hyperlinks and other redirectors to other internet websites operated, controlled, or produced by third parties.
The linked third-party sites are not under the control of BARRYGEMS and we are not responsible for the contents of any sites that may be hyperlinked.
These links are provided solely for your convenience and do not indicate any endorsements from us. You access any such linked site(s) entirely at your own risk.
We exercise no control over the quality, safety, or legality of the products or services advertised or sold and statements made through any linked sites.
The material on any hyperlinks, including product information and prices, are the responsibility of the operator of the linked site.
Any purchases or dealings you have with any third-party sites found on our website are done at your own risk.
BARRYGEMS is not a party to any transaction between you and any linked sites.
Submissions
Any material that you send to use on or via the website will be deemed non-confidential and non-proprietary.
This includes any data, questions, comments, suggestions, ideas, or other information, material, or property.
BARRYGEMS and its related bodies will be entitled to use and or all of it for any purpose without compensation to you, including for reproduction, disclosure, transmission, commercialisation, product development, publication, broadcast, and posting.
Interference With The Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the website or any material or content displayed on the website.
Governing Law and Disputes
These terms are governed by and construed under the laws of the State of Queensland, Australia.
By using our website, you agree that any dispute arising in connection with these terms and conditions, or your use of the website, will be resolved under the law applying in the State of Queensland.
You unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia.
Miscellaneous
If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect. All rights not expressly granted are reserved.