OVERVIEW
Please read these Terms of Service carefully before accessing or using our website.
This website is operated by Merlin Goldsmith & Jewellery Pte Ltd (“Merlin Goldsmith”). Throughout the site, the terms “we”, “us” and “our” refer to Merlin Goldsmith.
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”). 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 and your use shall be deemed consent and acceptance of all terms, conditions, policies, and notices stated here by you. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
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. You can review the most current version of the Terms of
Service at any time on this page. 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.
1. GENERAL TERMS OF USE
1.1 By agreeing to these Terms of Service, you represent that you are at the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; or if you are not of the age of majority, that you have obtained the consent from your parent or legal guardian to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright
laws).
1.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
1.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.5 A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.6 We reserve the right to refuse service to anyone for any reason at any time.
2. ACCURACY OF INFORMATION
2.1 This site may contain promotional information. These materials are 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.
2.2 We take all reasonable efforts to ensure that all information posted on the site shall be accurate. However, we shall not be responsible if the information made available on this site
is not accurate, complete or current. Such information includes, but is not limited to typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times, and availability.
2.3 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's
display of any colour will be accurate.
2.4 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
2.5 We do not undertake any obligation to update any information on our site and reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on the website is inaccurate at any time without prior notice (including after you have submitted your order).
3. MODIFICATIONS TO THE SERVICE AND PRICES
3.1 Prices for our products are subject to change without notice.
3.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.3 We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
4. ACCOUNT INFORMATION, ORDER PLACEMENT AND BILLING
4.1 You may be required to set up an account for use of our Services and you agree to provide current, complete and accurate purchase and account information for all purchases made on
our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
4.2 We reserve the right to refuse registration of or to cancel your account at our sole discretion.
4.3 You shall be responsible for maintaining the confidentiality of your password.
4.4 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.5 You represent that you shall not:
a) Open or use any account with the intent to impersonate that person; or
b) Open or use any account, subject to any rights of a person other than you without
appropriate authorization.
4.6 We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
5. THIRD-PARTY LINKS
5.1 Certain content, products and services available via our Service may include materials from third-parties.
5.2 We may also include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our
control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. 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.
5.3 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.
6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
6.1 Where you have posted any 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.
6.2 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.
6.3 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 the 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.
7. PERSONAL INFORMATION AND COOKIES POLICY
7.1 Your submission of personal information through the website is governed by our Privacy Policy. Please see here for our Privacy Policy.
7.2 This website uses cookies. A cookie is a small text file that we send to your internet browser so that we are able to recognise your browser when you return. Cookies can collect data on the use of this website such as which pages are visited and the duration of a user session. When you use the website, the cookie sends data to us. We do not retain a cookie longer than necessary We use session cookies and permanent cookies:
A session cookie can track usage such as the webpages you visit and what options you use. When you close the internet browser, the session is ended and the cookie is deleted.
A permanent cookie enables the website to recognize you at a subsequent visit.
7.3 Merlin Goldsmith stores cookies that are essential in providing the functionalities of the website. If you do not wish to receive any cookies at all, you may set your browser to refuse cookies all together. Please note that in that case you may no longer be able to use all the functionalities of the website.
7.4 Non-strictly necessary cookies: Only if you have given prior consent, we shall use cookies that are not strictly necessary for providing the functionalities of the Website. Through such non-strictly necessary cookies we collect information about your use of the website and remember your preferences. Examples of collected information are which pages are visited and the length of a user session. Through these cookies we aim to improve your user experience of our website. If you do not consent to cookie being placed, these cookies will be blocked.
8. PROHIBITED USES
8.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 the Service of this 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 the Service or this website, other websites, or the Internet.
8.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All intellectual property rights subsisting in respect of this website belong to us or for which consent had been obtained for use on this website.
9.2 You undertake that:
a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this website and the contents, software, materials, or the Services in whole or in part;
b) You shall only download or copy the content (and other items displayed on this website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such content; and
c) You shall not store any significant portion of any content in any form. Copying or storing of any content other than personal and non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such contents copyright notice.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
10.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
10.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
10.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and & 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
10.5 To the fullest extent permissible by law, in no case, shall Merlin Goldsmith, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Merlin Goldsmith, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. TERMINATION
13.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
13.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
13.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
15. NON-WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
16. CONSTRUCTION
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17. NO THIRD-PARTY RIGHTS
This Agreement does not give rights to any third parties who are not party to this Agreement. The provisions of the Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to this Agreement.
18. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
CONTACT INFORMATION
Questions about the Terms of Service or collection, use, disclosure and storage of your Personal Data should be sent to us at sales@merlingoldsmith.com.