THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE BEYOND JEWELLERY WEBSITE. BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.

AMENDMENTS

Beyond Jewellery may amend this Agreement at any time by posting a new agreement in place of this one. The amended agreement shall become effective as soon as it is posted. Your continued use of Beyond Jewellery's website following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of Beyond Jewellery's website. This Agreement may not otherwise be amended.

LICENSE

You are granted a non-exclusive and non-transferable license to use and access Beyond Jewellery’s website.

ACCESS

In order to access and use the Beyond Jewellery website you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on Beyond Jewellery's computer systems, shall constitute an infringement of Beyond Jewellery's intellectual property and an unlawful use of Beyond Jewellery's assets.

USER CONDUCT

Beyond Jewellery is very concerned about the privacy and safety of all users, especially children.

You shall not:

• submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind;
• use Beyond Jewellery's website to commit any dishonest act, act of fraud or any act which infringes any third party rights;
• submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
• submit any information or link to any material which is defamatory, libellous, harassing or threatening of or to any person or organization;
• submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
• submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
• undertake any activity which creates liability or damage or potentially creates liability or damage to Beyond Jewellery or its computer systems or its service providers.

You agree not to use any spider, robot or other automatic means to search or monitor the content of Beyond Jewellery's website. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with Beyond Jewellery's software or website or their use by any other user. You agree not to cause any unreasonable burden or load on Beyond Jewellery's software or its computer systems.

SERVICES

You agree that Beyond Jewellery will not be liable for any delay or unavailability of the Beyond Jewellery website or related services, whether due to an act or omission of Beyond Jewellery or an act or omission of any third party.

USER SUBMISSIONS

Beyond Jewellery may make available to you the ability to submit information to the website. You agree that all of your submissions will be in compliance with this Agreement.

Beyond Jewellery's posting of any information or link does not mean that Beyond Jewellery agrees that the information or link complies with this Agreement or that Beyond Jewellery agrees with the content of the information or link.

While Beyond Jewellery may review each submission, it does not thoroughly review the information or the third party website that a link may resolve to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding Beyond Jewellery's review, you agree to indemnify Beyond Jewellery and other users for any loss or damage that Beyond Jewellery or any user may suffer as a result of the posting of any information that you submit.

CONTENT

Some information or links posted to Beyond Jewellery's website may be offensive to you or incorrect or misleading.

Some portions of the Website allow users to post information. However, even if Beyond Jewellery reviews and posts a submission to its website it does not mean Beyond Jewellery endorses the same. All such postings remain the sole responsibility of the person who submitted such information. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been posted. Under no circumstances will Beyond Jewellery be liable in any manner for the same.

Beyond Jewellery may change, add to or delete from its website at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.

INTELLECTUAL PROPERTY

Beyond Jewellery has certain protectable proprietary rights in its software and website, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Beyond Jewellery website other than for personal use.

 WARRANTY DISCLAIMER

THE BEYOND JEWELLERY WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. BEYOND JEWELLERY MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE BEYOND JEWELLERY WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. BEYOND JEWELLERY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.

LIMITED LIABILITY

IN NO EVENT SHALL BEYOND JEWELLERY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE BEYOND JEWELLERY WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF BEYOND JEWELLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL OTHER CIRCUMSTANCES BEYOND JEWELLERY'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (JMD).

INDEMNITY

You agree to hold Beyond Jewellery, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our website, your use of our website, or your violation of these terms of use.

NO AGENCY

The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.

NO WAIVER

Beyond Jewellery's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT

The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of Beyond Jewellery's software, website.  No representative of Beyond Jewellery is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.

TERMINATION

Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.

GOVERNING LAW

This Agreement, the relationship between you and Beyond Jewellery and your use of Beyond Jewellery’s websiteand the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the country of Jamaica, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Beyond Jewellery which in any way concerns this Agreement or the use of Beyond Jewellery’s website shall be brought exclusively in the courts of Jamaica. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Beyond Jewellery is headquartered in Jamaica.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS

Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.

 [End of Document]