By using the services provided, and accessing the miJEWELER network, you agree to the Terms of Use. All disclaimers of warranty and limitations of liability in this agreement apply to miJEWELER as defined above. The term "Service" refers to the services provided on the miJEWELER network. The term "User" includes the individual or company applying for or subscribed to the Service.
Changes
This Terms of Use may be changed from time to time. Such changes will be posted in the subscribers' Control Panel and may, at times, be signed off on before accessing the Service.
The User Agrees To The Following
Use
the Service in any way that violates the laws or jurisdiction in
which the user resides.
Access the service in any unauthorized
manner including but not limited to reverse engineering computer code
or the underlying logic of the pricing and trading system. Access the
system for the purpose of copying the software, logic, look and feel,
or any features of the system for use in any competitive system.
Disturb, interfere or disrupt the service, computer hardware or
software providing the Service, including automatic downloads of
queries via Users computer programs and/or use or access of the
service in any manner for which it has not been designed or
authorized. Upload, post, email, transmit or make available anything
that contains computer codes, viruses, files or programs that
interrupt, destroy, or limit the functionality of any computer
software, hardware or other equipment. Attempt or obtain unauthorized
access to any part of the Service or computer system. Transmit any
program or virus through or into the computer hardware or software
used or provided by the Service. Violate any Trademark, Copyright,
agreement, Terms of Service, or Terms and Conditions associated or
not associated with the Service.
Technical Difficulties
From time to time technical difficulties may render the service inoperable. miJEWELER does not guarantee uninterrupted service and accepts no liability for any such interruption. miJEWELER makes no warranty that (I) the service will meet the user's requirements, (II) the service will be uninterrupted, timely, secure or error free, (III) the results that may be obtained from the use of the service will be accurate or reliable (IV) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations and (V) any errors in the software will be corrected.
Limitations of Liability
The user expressly understands and agrees that miJEWELER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if miJEWELER has been advised of the possibility of such damages), resulting from (I) the use or inability to use the Service (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alterations of your transmissions or data (IV) statements of conduct of any third party as the result of any use of the service (V) and all other matter relating to the service. miJEWELER shall not be liable for any loss, damage or expense resulting from any error or omission in the information provided by miJEWELER or its Service or from use of the service even if caused by or resultant from the negligence or bona fide error on the part of its employees, agents and consultants or other fault (except fraud, willful misconduct or gross negligence) of miJEWELER. miJEWELER shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any error in or omission from the information provided by the service, even if advised of the possibility of such damages. miJEWELER does not guarantee the accuracy of the product pricing and gives full notice that prices are based on subjective opinion of market prices, market conditions. Use of the service is at your risk; the service is provided on an "as-is" and "as- available" basis. miJEWELER expressly disclaims all warranties of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Any material downloaded or otherwise obtained through the use of the service is done at the user's own discretion and risk and the user will be solely responsible for any damage to their computer system or loss of data that results from the download of such material. No advice or information, whether oral or written, obtained by the use from miJEWELER shall create any warranty not expressly stated in these terms and conditions. Any or all warranty is strictly limited to the individual subscriber that has registered and paid for the service. No warranty of any kind is extended to any third parties. miJEWELER offers free as well as subscriber based services ("the Services").
Notification of Changes
This policy may be revised over time as new features are added to the Services or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only 30 days after we post an amended Privacy Policy. We will post the amended Privacy Policy in subscriber Control Panel so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone.
miJEWELER Service may include links to third party Web sites. These sites are governed by their own privacy statements, and miJEWELER is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party Web sites should review the privacy statement of these sites before providing them with personally identifiable information.
Privacy
miJEWELER takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail in Paragraph 3 below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy. This Privacy Policy applies to all services that are hosted on the miJEWELER Service, whether the services are offered by miJEWELER, by its subsidiaries, or by its affiliates. By using the miJEWELER Service you agree to accept the Privacy Policy and Terms of Use. By applying for any of the subscription services offered through miJEWELER, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. Your personal information will be stored and processed on our computers in The Netherlands. miJEWELER will hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register for the Services.
Information Collected
To subscribe to the Services, you must provide company details, address, phone number, tax identification, trade references, bank information and e-mail address. This required information is necessary for us to approve your subscription and to process transactions or to contact you should the need arise in administering your subscription.
Transaction Information
When you list product for sale or purchase, or use the Services in any way, we record information related to each transaction, including the amount of the transaction. We retain this information for each of your transactions through miJEWELER. We also collect the Internet address (IP address) of the computer or device you use to access your miJEWELER account, in order to help detect possible instances of unauthorized transactions.
Information About You From Third Parties
In order to protect the Service against potential fraud, we may verify with third parties the information you provide. In the course of such verification, we receive personally identifiable information about you from such services. This may include background and credit checks by obtaining information about you and your business from a credit bureau or a business information service such as Dun & Bradstreet and Jewelers Board of Trade. If you incur a debt to miJEWELER, we will generally conduct a credit check by obtaining additional information about you from a credit bureau. miJEWELER, at its sole discretion, also reserves the right periodically to retrieve and review a business and or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.
Additional Verification
If we cannot verify the information that you provide we may ask you to send us additional information via email, fax or mail (such as your drivers' license, credit card statement, and/or a recent utility bill or other information linking you to the applicable address), or to answer additional questions online to help verify your information.
Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you arrive at or leave the miJEWELER Service, we automatically receive the web address of the site that you came and are going to. We also collect information on which pages of our Service you visit while you are on the network, the type of browser you use and the times you access our Web site. We use this information only to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with miJEWELER. We do not track the Web sites that you visit before or after you leave miJEWELER.
Our Use of "Cookies"
miJEWELER uses cookies to enhance the browsing experience. Cookies are small pieces of information saved by your browser onto your computer. Cookies are used to remember various aspects of a visit. This information is used by miJEWELER to guarantee a consistent and uninterrupted experience. Cookies will allow revisits without losing settings. We do not use cookies to save personal information for outside uses.
Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Service Agreement. We may, over time, delete these records if permitted by law.
Questionnaires, Surveys and Profile Data
From time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
Disclosure of Information
We collect, store and process your personal information on servers located in The Netherlands. We use the information we collect about you in order 1) to provide our services and process your transactions, 2) to provide customer service, 3) to determine your eligibility to receive special trading privileges or products and 4) to improve our products and services.
Disclosure to Other miJEWELER Subscribers
If you are a subscriber, your name, Company name, telephone numbers and e-mail address in addition to any other information related to your business may be displayed to other miJEWELER Service subscribers. However, your credit card number, bank account and other financial information will NEVER be revealed to anyone except with your express written permission or if we are required to do so pursuant to a subpoena or other legal process.
Disclosure to Third Parties
miJEWELER will not sell or rent any of your personally identifiable information to third parties. miJEWELER will not share any of your personally identifiable information with third parties except in the limited circumstances described below, or with your express permission (and with other miJEWELER subscribers as described above). These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared. We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. A. We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you). B. We share aggregated statistical data with our business partners or for public relations. For example, we may disclose that our subscribers represent a certain gross sales amount or a certain number of retail consumers. We may also disclose a specific percentage of our users have addresses in Texas. However, this aggregated information is not tied to personally identifiable information. C. We share your information with our parent, subsidiaries, affiliates and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.
Our Contacts with miJEWELER subscribers
We communicate with users on a regular basis via e-mail to provide requested services, and we also communicate by phone or letter. We use your e-mail to send information, transaction confirmations and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. We also use your e-mail address to send you other types of communications that you can control, including miJEWELER updates and newsletters.
Internet Address Information
We use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.
Use of Information and Our Services
In order to facilitate transactions between miJEWELER subscribers, our Service allows you limited access to other users' contact or shipping information. As a subscriber you have contact access to other miJEWELER subscribers which include, but may not be limited to, email address, subscriber address, subscriber phone numbers, references, and other contact or shipping information. By consenting to the applicable Terms of Service, you agree that, with respect to other users' personally identifiable information that you obtain through the miJEWELER Service you will only use this information for: (a) miJEWELER-related communications that are not unsolicited commercial messages, (b) using services offered through miJEWELER (e.g. product sales, shipping or insurance), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must provide subscribers with the opportunity to remove them selves from your database and review any information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another miJEWELER subscriber to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access. miJEWELER does not tolerate spam. Therefore, without limiting the foregoing, you may not add a miJEWELER subscriber to your mail list (email or physical mail) without their express consent after adequate disclosure, even if said user has previously made a purchase from you. We strictly enforce our Anti-Spam Policy.
Information Security
miJEWELER is committed to handling your customer information with high standards of information security. We restrict access to your personally identifiable information to employees and subscribers who need to know certain information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with regulations to guard your nonpublic personal information. The security of your subscription to any of the Services also relies on your protection of your password. You may not share your password with anyone. miJEWELER will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the website. Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to miJEWELER immediately. If you do share your miJEWELER password with a third party for any reason, the third party will have access to your account, Control Panel and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, contact us immediately.