Terms of Use

  1. Definitions

    Content means anything you or other users upload, post, provide or share.

    Intellectual Property Rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are regis-tered or unregistered (anywhere in the world).

    Material means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on our site.

    Site means masterjewellers.co.uk, any subdomain or any other website operated by us.

    “we”, “us”, “our” or “CMJ” means The Company of Master Jewellers Limited a company registered in Eng-land and Wales with registration number 01488011 which has its registered office at Somers House, 25 Somers Road, Rugby, Warwickshire, CV22 7DG; and may, depending on the context, also include the fol-lowing companies:

    1. DU, Digital and Design Communications Ltd a company registered in England and Wales with reg-istration number 10025419 which has its registered office at Somers House, 25 Somers Road, Rugby, CV22 7DG:
    2. Somers Distribution Limited a company registered in England and Wales with registration number 10118578 which has its registered office at Somers House, 25 Somers Road, Rugby, CV22 7DG; and
    3. I-Synergy Hosting Limited a company registered in England and Wales with registration number 09407466 which has its registered office at Somers House, 25 Somers Road, Rugby, England, CV22 7DG
  2. General
    1. We own and operate the Site.
    2. You must be a retail member or approved supplier of the CMJ to register for user accounts on our site. Please see our join us pages for information on how to become a partner with CMJ.
    3. Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.
    4. Please refer to the following additional terms, which may also apply to your use of our site:
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we col-lect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
      2. Our Cookie Policy, which sets out information about the cookies on our site.
      3. Our Membership Terms and Conditions, which set out the terms and conditions for being a member of the CMJ.
    5. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
  3. Your Rights and Obligation in relation to the Site
    1. You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
    2. Your permission to use the Site is personal to you and non-transferable. If you choose, or you are provided with, a user login, password or any other piece of information as part of our security pro-cedures, you must treat such information as confidential. You must not disclose it to any third-party.
    3. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
      1. use the Site for any fraudulent or unlawful purpose;
      2. use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
      3. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
      4. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such net-works;
      5. transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the oper-ation of, or to monitor the use of, any hardware, software, or equipment;
      6. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
      7. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
      8. remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
      9. frame or mirror any part of the Site without our express prior written consent;
      10. create a database by systematically downloading and storing Site content;
      11. use any manual or automatic device in any way to gather Site content or reproduce or cir-cumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search en-gines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
      We reserve the right to revoke these exceptions either generally or in specific instances.
    4. If you choose to access our site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
    5. You are responsible for all activity on your user account. If you know or suspect that anyone other than you knows your user identification code or password, you must notify us immediately.
    6. You are also responsible for ensuring that all persons who access our site through your internet con-nection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    7. It is your responsibility to update and maintain changes to your information on the applicable CMJ membership information pages. CMJ is entitled to rely on any information you provide to us.
  4. Our Rights and Obligation in relation to the Site
    1. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a re-stricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
    2. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing up-grades to or carrying out essential maintenance on the Site.
    3. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
      1. all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
      2. any and all liability to you, whether arising under these Terms of Use or otherwise in connec-tion with your use of the Site.
      The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, in-cluding (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
    4. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
    5. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  5. Intellectual Property Rights in the Site
    1. The Intellectual Property Rights in the Site and the Content and Materials within the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
    2. We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
    3. Nothing in these terms grants you any legal rights in our site or the content within it other than as necessary to enable you to access our site. You agree not to adjust to try to circumvent or delete any notices contained on our site (including any intellectual property notices) and in particular in any digi-tal rights or other security technology embedded or contained within our site.
    4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    5. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must return or destroy any copies of the materials you have made.
  6. Links to the Site
    1. You may link to the homepage of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link to our site in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or other-wise), you agree that you will disable and remove any such link promptly upon our request.
    4. Where our site contains links to other sites and resources provided by third-parties, these links are provided for your information only. We have no control over the contents of those sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and we accept no legal responsibility for any content, material or infor-mation contained in them.
    5. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
    6. Our site may include third-party content. This third-party content has not been verified or approved by us and we are not liable or responsible for any such content. The views expressed by any third-party on our site do not represent our views or values.
    7. If you wish to complain about information and materials uploaded by other users please contact us.
  7. Uploading content to our site
    1. Whenever you use a feature that allows you to upload Content to our site, or contact other users of our site, you must comply with the standards set out in these terms of use.
    2. Any Content you upload to our site will be considered non-confidential and non-proprietary. You re-tain all of your ownership rights in your Content, but by submitting your Content, you grant us and each of our group companies a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, trans-ferable licence to use, store, copy, reproduce, edit, adapt, distribute, prepare derivative works of, display, make available and communicate your Content (in whole or in part) or incorporate it in works in any other form now or in the future. You warrant that you have the right to grant this licence.
    3. You waive your moral rights to the extent permitted by law in your Content. This means that we do not need to identify you as the author of any Content and you cannot object to any derogatory treatment.
    4. You will indemnify us on a full indemnity basis against any by a third-party that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the standards set out in these terms of use.
  8. Events beyond our control
    We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial dis-putes; breakdown of systems or network access; or flood, fire, explosion or accident.
  9. Rights of third parties
    No one other than a party to these terms has any right to enforce any of these terms.
  10. Disputes
    If you are unhappy with us please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently but if you and we cannot resolve a dispute using our complaint han-dling procedure, we will let you know that we cannot settle the dispute with you.
  11. Validity of these terms
    If any part or provision of these terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
  12. Applicable law and jurisdiction
    1. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute relating to these terms, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scot-land, you may also bring proceedings in Scotland.
    2. If you are a member, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree that the courts of England exclusive jurisdiction over any dispute relating to these terms.
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