Terms & Conditions and Terms of Use of the site

GENERAL TERMS AND CONDITIONS

Understanding Jewellery

Understanding Jewellery Sàrl, Avenue Gratta-Paille 2, c/o MAZARS SA, 1018 Lausanne, is the operator of the website Understanding Jewellery, accessible from www.understanding-jewellery.com.

We offer you a subscription that provides access to a comprehensive guide to the history of jewellery and gemstones, (“Understanding Jewellery content”) streamed over the Internet.

We would like to present our General Terms and Conditions – which include our Terms of Service – to you below, which we apply to govern your use of our service as well as all orders placed by you via our website.

Parts of these General Terms and Conditions, which should be emphasized, are printed in bold. The latest version of our General Terms and Conditions applies to your purchases on Understanding Jewellery on the date of order.

Please note that we may amend or change our terms and conditions at any time.

With your order, you are deemed to have accepted our General Terms and Conditions.

• CONCLUSION OF CONTRACT

Contracting party: When ordering Understanding Jewellery content your contracting party is Understanding Jewellery Sàrl, Avenue Gratta-Paille 2, c/o MAZARS SA, 1018 Lausanne.

Binding Order: The presentation of services and products advertised in the website is only an invitation to place an order. Only by clicking on the displayed confirmation button (e.g., “confirm” or “order”) do you place a binding order for the content or articles on the order page.

Confirmation of order: We will confirm the receipt of your order promptly by email after the order has been placed. A binding contract is only concluded upon receipt of the order confirmation.

Deadlines: If working days are herein indicated as deadlines, we understand this to mean all days from Monday to and including Friday, with the exception of Public Holidays.

• MEMBERSHIP AND SUBSCRIPTION

Your Understanding Jewellery subscription will continue until terminated. To use our service, you must have Internet access and an Internet-connected device, and provide us with one or more Payment methods. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment method (see “Cancellation” below). You will be informed of the automatic renewal 2 weeks before the expiration of the current subscription.

• BILLING CYCLE AND PAYMENTS

Billing cycle: The subscription fee for our service will be charged to your Payment method on the specific payment date indicated on the “Account” page. The length of your billing cycle is one year. This means that you are paying for a service that will last at least one year. The membership will then be automatically renewed from year to year if you do not cancel it.  Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date.

Payment methods: To use our service you must provide one or more Payment Methods. You authorise us to charge any Payment method associated to your account in case your primary Payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment method. For some Payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment method. Local tax charges may vary depending on the Payment method used. Check with your Payment method service provider for details.

Updating your Payment methods: You can update your Payment methods by going to the “Account” page. We may also update your Payment methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment method(s).

Cancellation: You can cancel your Understanding Jewellery membership at any time, and you will continue to have access to our service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched Understanding Jewellery content. To cancel, go to the “Account” page and follow the instructions for cancellation. You can also cancel by sending us an email, using: info@understanding-jewellery.com, indicating that you wish to cancel. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page.

Changes to the price and subscription plans: We reserve the right to change subscription plans and prices at any time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you and will not affect current subscriptions.

• WARRANTY AND LIMITATION

General: Our liability for our own fault as well as that of our employees, legal representatives and other agents is limited to intent. You understand and agree that our service is provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

In no event will we, as well as our employees, legal representatives and other agents be liable for any loss of use, loss of data, loss of business, loss of profits or damage to devices. Our liability is in any event limited to the amounts paid by you to us during the prior twelve months in question.

• TERMS OF SERVICE

Overview: We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service apply to all users of the site. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes

Age: You must be at least 18 years of age to use our service. Minors may only use the service under the supervision of an adult.

General conditions: We reserve the right to refuse service to anyone for any reason at any time. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Intellectual Property: All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than user-provided content, is owned by us.

License: Our service is for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Understanding Jewellery membership, we grant you a limited, non-exclusive, non-transferable right to access our service and view Understanding Jewellery content. Except for the foregoing, no right, title or interest shall be transferred to you.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these General Terms and Conditions) content and information contained on or obtained from or through our service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our service; use any robot, spider, scraper or other automated means to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible through our service; insert any code or product or manipulate the content of our service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the service.

Updates: Our service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Understanding Jewellery content.

Optional tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these General Terms and Conditions.

Third-party links: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, inaccuracies and omissions: Occasionally there may be information on our website or in our service that contains typographical errors, inaccuracies or omissions that may relate to Understanding Jewellery content, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in our service or on any related website, including without limitation, content and pricing information, except as required by law. No specified update or refresh date applied in our service or on any related website, should be taken to indicate that all information in our service or on any related website has been modified or updated.

Prohibited uses: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our service or any related website for violating any of the prohibited uses.

• DATA PROTECTION

We are responsible for the collection, processing and use of your data and must ensure compliance with the law. We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and our privacy policy.

We invite you to read our privacy policy, which you can find on our website www.understanding-jewellery.com/privacypolicy. There we will inform you which data is collected on our website and how it is used. You will also find out how you can check the accuracy of this information and how you can arrange for us to remove this data.

• GOVERNING LAW AND JURISDICTION

Governing law: Substantive Swiss law shall apply to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply and are herewith excluded.

In the case of contracts for a purpose which cannot be attributed to the business or commercial activity of the entitled party (contract with consumer), this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has his/her habitual residence is not excluded.

Place of jurisdiction: With regard to consumers, the place of jurisdiction shall be the Swiss domicile of the consumer. In respect of transactions with business customers, the place of jurisdiction for all legal disputes concerning these General Terms and Conditions and individual contracts concluded under their application shall be our registered seat. In this case we are also entitled to bring an action at the (place of) residence of the customer.

Dated: Lausanne,  22 June 2021