Terms & Conditions
Terms & Conditions
Consent: By accessing and/or using our website, you agree to be bound by these Terms of Use. Please read these terms carefully and discontinue use of our website immediately if you do not agree.
Changes: We may modify these Terms at any time and in our sole discretion by posting the modified Terms on our Website. We encourage you to visit our website periodically to ensure that you are aware of our current Terms. The materials and information on this website (Content) are subject to change without notice. We do not undertake to keep our website up to date and we are not responsible if any content is inaccurate or out of date.
License to use our website: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our website in accordance with these terms. Any other use is prohibited without our prior written consent.
Prohibited Conduct: You may not do or attempt to do anything that is illegal, prohibited by laws applicable to our Website, that we would consider inappropriate, or that may bring us or our Website into disrepute, including (without limitation): Anything that would constitute a violation of a person's privacy (including uploading private or personal information without a person's consent) or other legal rights to use our website to defame, harass, threaten, intimidate or offend a person, interfere with a user's use of our website, tamper with or alter our website, knowingly transmit any virus or other disabling feature or damage or interfere with our website, including (without limitation) the use of
Trojan horses, viruses, piracy or programming routines that may damage or interfere with our website, use our website to send unsolicited email, facilitate a third party to do any of the foregoing, or assist a third party to exclude competitors: You may not use our website, including the Content, in a manner that competes with our business.
No commercial use: our website is for personal, non-commercial use only. You may not use our Website or the Content for any commercial purpose, including advertising or activities to generate advertising revenue on your own website or other platform, without obtaining a license from us to do so.
Information: The content is not exhaustive and is for general information purposes only. It does not take into account your specific needs, goals or circumstances and is not advice. We use reasonable efforts to ensure the accuracy and completeness of the Content, but make no representations or warranties with respect to the Content to the extent permitted by law.
Intellectual Property: Unless otherwise stated, we own or license all right, title and interest (including intellectual property rights) in our website and all content. Your use of our Website and access to the Content does not grant or confer upon you any right, title or interest in or to our Website or the Content. You may not: Copy or use, reproduce, transmit, distribute, disseminate, sell, publish, broadcast or disclose to any third party any Content, in whole or in part, infringe any intellectual property rights relating to our Website or the Content, including (but not limited to) altering or modifying any Content, embedding any Content in frames or on other websites or platforms, or creating derivative works from the Content.
User Content: You may post, upload, publish, broadcast or transmit relevant information and content (User Content) on our website. By posting User Content on or through our Website, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, display, copy, adapt, modify, distribute, license, sell, transmit, communicate, publicly perform, publicly display, broadcast, transfer, access or otherwise exploit it on, through or by means of our Website.
You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that you either are the sole and exclusive owner of all User Content or that you have all rights, licenses, consents and releases necessary to grant us the rights to such User Content (as defined in these Terms). neither the User Content nor the posting, User Content nor our use of the User Content on, through or by means of our Website infringes, misappropriates or violates any third party's intellectual property rights, publicity rights or privacy rights or results in a violation of any applicable law or regulation. We do not endorse or approve of any User Content and are not responsible for it. We may remove User Content at any time (in our sole discretion).
Third Party Websites: Our Website may contain links to websites operated by third parties. Unless otherwise expressly stated, we do not control, endorse, or approve of, and are not responsible for, the content of such websites. You should satisfy yourself as to the suitability of such websites.
Discontinuance: we may discontinue all or any part of our website at any time without notice. We may also bar any person from using our website at any time and in our sole discretion. We will not be liable for any liability you may incur as a result of or in connection with such suspension or exclusion.
Warranties and Disclaimers: To the fullest extent permitted by law, we make no
representations or warranties in relation to our website or the Content, including (without limitation) that it will be complete, accurate, reliable, up to date, fit for a particular purpose, that access will be uninterrupted, error free or free from viruses, that our website will be secure and that you read, use and act upon our website and the Content at your own risk.
Limitation of liability: to the fullest extent permitted by law, we shall not be liable for any loss, damage or expense suffered by you or any third party arising out of or in connection with the use of our website and/or the Content and/or the unavailability, interruption or discontinuance of our website and/or the loss or corruption of data and/or the inaccuracy, incompleteness or obsolescence of the Content, whether direct or indirect and/or actual, contingent, prospective or conditional (Liability).
Indemnification: you must fully indemnify us and hold us harmless from any liability we may incur as a result of or in connection with your use of our website or any breach by you of these terms or applicable laws. This indemnification is a continuing obligation, independent of any other obligations under these Terms, and will survive termination of these Terms. It is not necessary for us to suffer or incur any liability before we may assert a right to indemnification under these Terms.
Termination: These Terms will continue until terminated by us, which we may do at any time without notice to you. In the event of termination, all restrictions imposed on you by these Terms and the limitations of liability set forth in these Terms will survive.
Disputes: In the event of a dispute arising out of or in connection with these Terms (Dispute), the party asserting a Dispute must notify the other party in writing, detailing the Dispute and proposing a resolution. Within seven days of receipt of the notice, the parties, through their officers or agents (who have authority to bring about resolution on behalf of the party), shall meet at least once to attempt to resolve the Dispute or otherwise agree in good faith on how to resolve the Dispute. All aspects of such conference, other than the fact
that the conference took place, shall be confidential. If the parties do not settle the dispute within 21 days after receipt of the notice, or (if the dispute is not settled) do not agree on another method of settling the dispute, the dispute may be submitted by either party (by written notice to the other party) to the Court.
Termination: If any provision of these Terms is held to be invalid, void, illegal or
unenforceable, such provision shall be construed as narrowly as possible to make it valid or enforceable. If it is not possible to construe a provision (in whole or in part), the provision (or portion of the provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of the provision or the other provisions of these Terms.
Jurisdiction: Your use of our website and these Terms shall be governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and all courts having jurisdiction to hear appeals in such courts, and waive any right to object to the institution of proceedings in such courts.
Our website may be accessed throughout Australia and overseas. We make no
representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of the country in which you access our website.
This Privacy Policy describes how your personal information is collected, used and shared when you visit or make a purchase from www.theluxejewellers.com
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your browser, IP address, time zone, and certain cookies installed on your device. When you browse the Site, we also collect information about the individual web pages or products you view, the websites or search terms that referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as "Device Information."
We collect device information using the following technologies:
- Cookies" are data files placed on your device or computer that often contain an
anonymous unique identifier. For more information about cookies and how to disable them, please visit http://www.allaboutcookies.org.
- Log files" track actions taken on the Website and collect data such as your IP address, browser type, Internet service provider, referring and exit pages, and date and time stamps.
- "Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the Site.
When you make a purchase or attempt to make a purchase through the Site, we also collect certain information from you, including your name, billing address, shipping address, payment information (including credit card number), email address, and telephone number. We refer to this information as "Order Information."
When we refer to "personal information" in this Privacy Policy, we are referring to both information about individuals and order information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We generally use the Order Information we collect to fulfill orders placed through the Site (including processing your payment information, arranging for shipping, and sending you invoices and/or order confirmations). In addition, we use this order information to:
- Communicate with you;
- Review our orders for potential risk or fraud.
- If it is consistent with the preferences you have communicated, we may send you information or advertising about our products or services.
We use the device information we collect to investigate potential risks and fraud (particularly your IP address) and more generally to improve and optimize our website (for example, by creating analytics about how our customers browse and interact with the website and to evaluate the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your personal information with third parties who help us use your personal information as described above. For example, we use Shopify to run our online store - you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to understand how our customers use the website - you can read more about how Google uses your personal data here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIORAL ADVERTISING
As described above, we use your personal information to provide you with targeted advertising or marketing communications that we believe may be of interest to you. For more information about how targeted advertising works, please visit the Network Advertising Initiative ("NAI") training page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You may opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en us/resources/policies/personalized-ads
In addition, you may opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at http://optout.aboutads.info/.
DO NOT TRACK
Please note that if we see a "Do Not Track" signal from your browser, we will not change our website's data collection and use practices.
YOUR RIGHTS
If you are a resident of United States, you have the right to access the personal information we hold about you and to request that we correct, update or delete your personal information. If you wish to exercise this right, please contact us at the contact details provided below.
If you are a resident of United States, please also note that we process your data to fulfill a contract with you (e.g., if you place an order through the Site) or to fulfill our legitimate business interests as set forth above. Please also note that your data will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
If you place an order through the Site, we will retain your order information for our records until you ask us to delete that information.
CHANGES
We may update this Privacy Policy from time to time to reflect, for example, changes in our practices or other operational, legal or regulatory reasons.
Consent: By accessing and/or using our website, you agree to be bound by these Terms of Use. Please read these terms carefully and discontinue use of our website immediately if you do not agree.
Changes: We may modify these Terms at any time and in our sole discretion by posting the modified Terms on our Website. We encourage you to visit our website periodically to ensure that you are aware of our current Terms. The materials and information on this website (Content) are subject to change without notice. We do not undertake to keep our website up to date and we are not responsible if any content is inaccurate or out of date.
License to use our website: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our website in accordance with these terms. Any other use is prohibited without our prior written consent.
Prohibited Conduct: You may not do or attempt to do anything that is illegal, prohibited by laws applicable to our Website, that we would consider inappropriate, or that may bring us or our Website into disrepute, including (without limitation): Anything that would constitute a violation of a person's privacy (including uploading private or personal information without a person's consent) or other legal rights to use our website to defame, harass, threaten, intimidate or offend a person, interfere with a user's use of our website, tamper with or alter our website, knowingly transmit any virus or other disabling feature or damage or interfere with our website, including (without limitation) the use of
Trojan horses, viruses, piracy or programming routines that may damage or interfere with our website, use our website to send unsolicited email, facilitate a third party to do any of the foregoing, or assist a third party to exclude competitors: You may not use our website, including the Content, in a manner that competes with our business.
No commercial use: our website is for personal, non-commercial use only. You may not use our Website or the Content for any commercial purpose, including advertising or activities to generate advertising revenue on your own website or other platform, without obtaining a license from us to do so.
Information: The content is not exhaustive and is for general information purposes only. It does not take into account your specific needs, goals or circumstances and is not advice. We use reasonable efforts to ensure the accuracy and completeness of the Content, but make no representations or warranties with respect to the Content to the extent permitted by law.
Intellectual Property: Unless otherwise stated, we own or license all right, title and interest (including intellectual property rights) in our website and all content. Your use of our Website and access to the Content does not grant or confer upon you any right, title or interest in or to our Website or the Content. You may not: Copy or use, reproduce, transmit, distribute, disseminate, sell, publish, broadcast or disclose to any third party any Content, in whole or in part, infringe any intellectual property rights relating to our Website or the Content, including (but not limited to) altering or modifying any Content, embedding any Content in frames or on other websites or platforms, or creating derivative works from the Content.
User Content: You may post, upload, publish, broadcast or transmit relevant information and content (User Content) on our website. By posting User Content on or through our Website, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, display, copy, adapt, modify, distribute, license, sell, transmit, communicate, publicly perform, publicly display, broadcast, transfer, access or otherwise exploit it on, through or by means of our Website.
You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that you either are the sole and exclusive owner of all User Content or that you have all rights, licenses, consents and releases necessary to grant us the rights to such User Content (as defined in these Terms). neither the User Content nor the posting, User Content nor our use of the User Content on, through or by means of our Website infringes, misappropriates or violates any third party's intellectual property rights, publicity rights or privacy rights or results in a violation of any applicable law or regulation. We do not endorse or approve of any User Content and are not responsible for it. We may remove User Content at any time (in our sole discretion).
Third Party Websites: Our Website may contain links to websites operated by third parties. Unless otherwise expressly stated, we do not control, endorse, or approve of, and are not responsible for, the content of such websites. You should satisfy yourself as to the suitability of such websites.
Discontinuance: we may discontinue all or any part of our website at any time without notice. We may also bar any person from using our website at any time and in our sole discretion. We will not be liable for any liability you may incur as a result of or in connection with such suspension or exclusion.
Warranties and Disclaimers: To the fullest extent permitted by law, we make no
representations or warranties in relation to our website or the Content, including (without limitation) that it will be complete, accurate, reliable, up to date, fit for a particular purpose, that access will be uninterrupted, error free or free from viruses, that our website will be secure and that you read, use and act upon our website and the Content at your own risk.
Limitation of liability: to the fullest extent permitted by law, we shall not be liable for any loss, damage or expense suffered by you or any third party arising out of or in connection with the use of our website and/or the Content and/or the unavailability, interruption or discontinuance of our website and/or the loss or corruption of data and/or the inaccuracy, incompleteness or obsolescence of the Content, whether direct or indirect and/or actual, contingent, prospective or conditional (Liability).
Indemnification: you must fully indemnify us and hold us harmless from any liability we may incur as a result of or in connection with your use of our website or any breach by you of these terms or applicable laws. This indemnification is a continuing obligation, independent of any other obligations under these Terms, and will survive termination of these Terms. It is not necessary for us to suffer or incur any liability before we may assert a right to indemnification under these Terms.
Termination: These Terms will continue until terminated by us, which we may do at any time without notice to you. In the event of termination, all restrictions imposed on you by these Terms and the limitations of liability set forth in these Terms will survive.
Disputes: In the event of a dispute arising out of or in connection with these Terms (Dispute), the party asserting a Dispute must notify the other party in writing, detailing the Dispute and proposing a resolution. Within seven days of receipt of the notice, the parties, through their officers or agents (who have authority to bring about resolution on behalf of the party), shall meet at least once to attempt to resolve the Dispute or otherwise agree in good faith on how to resolve the Dispute. All aspects of such conference, other than the fact
that the conference took place, shall be confidential. If the parties do not settle the dispute within 21 days after receipt of the notice, or (if the dispute is not settled) do not agree on another method of settling the dispute, the dispute may be submitted by either party (by written notice to the other party) to the Court.
Termination: If any provision of these Terms is held to be invalid, void, illegal or
unenforceable, such provision shall be construed as narrowly as possible to make it valid or enforceable. If it is not possible to construe a provision (in whole or in part), the provision (or portion of the provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of the provision or the other provisions of these Terms.
Jurisdiction: Your use of our website and these Terms shall be governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland and all courts having jurisdiction to hear appeals in such courts, and waive any right to object to the institution of proceedings in such courts.
Our website may be accessed throughout Australia and overseas. We make no
representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of the country in which you access our website.
This Privacy Policy describes how your personal information is collected, used and shared when you visit or make a purchase from www.theluxejewellers.com
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your browser, IP address, time zone, and certain cookies installed on your device. When you browse the Site, we also collect information about the individual web pages or products you view, the websites or search terms that referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as "Device Information."
We collect device information using the following technologies:
- Cookies" are data files placed on your device or computer that often contain an
anonymous unique identifier. For more information about cookies and how to disable them, please visit http://www.allaboutcookies.org.
- Log files" track actions taken on the Website and collect data such as your IP address, browser type, Internet service provider, referring and exit pages, and date and time stamps.
- "Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the Site.
When you make a purchase or attempt to make a purchase through the Site, we also collect certain information from you, including your name, billing address, shipping address, payment information (including credit card number), email address, and telephone number. We refer to this information as "Order Information."
When we refer to "personal information" in this Privacy Policy, we are referring to both information about individuals and order information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We generally use the Order Information we collect to fulfill orders placed through the Site (including processing your payment information, arranging for shipping, and sending you invoices and/or order confirmations). In addition, we use this order information to:
- Communicate with you;
- Review our orders for potential risk or fraud.
- If it is consistent with the preferences you have communicated, we may send you information or advertising about our products or services.
We use the device information we collect to investigate potential risks and fraud (particularly your IP address) and more generally to improve and optimize our website (for example, by creating analytics about how our customers browse and interact with the website and to evaluate the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your personal information with third parties who help us use your personal information as described above. For example, we use Shopify to run our online store - you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to understand how our customers use the website - you can read more about how Google uses your personal data here: https://www.google.com/intl/en/policies/privacy/. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIORAL ADVERTISING
As described above, we use your personal information to provide you with targeted advertising or marketing communications that we believe may be of interest to you. For more information about how targeted advertising works, please visit the Network Advertising Initiative ("NAI") training page at
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You may opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en us/resources/policies/personalized-ads
In addition, you may opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at http://optout.aboutads.info/.
DO NOT TRACK
Please note that if we see a "Do Not Track" signal from your browser, we will not change our website's data collection and use practices.
YOUR RIGHTS
If you are a resident of United States, you have the right to access the personal information we hold about you and to request that we correct, update or delete your personal information. If you wish to exercise this right, please contact us at the contact details provided below.
If you are a resident of United States, please also note that we process your data to fulfill a contract with you (e.g., if you place an order through the Site) or to fulfill our legitimate business interests as set forth above. Please also note that your data will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
If you place an order through the Site, we will retain your order information for our records until you ask us to delete that information.
CHANGES
We may update this Privacy Policy from time to time to reflect, for example, changes in our practices or other operational, legal or regulatory reasons.