Terms and Conditions

Welcome to Jacob Jewellery!

These Terms and Conditions of Service (“Terms and Conditions”) outline the rules and regulations and govern  the use of Jacob Jewellery’s websites, located at www.jacobjewellery.ca, www.jacobjewellery.com, www.bijouteriejacob.com, and www.bijouteriejacob.ca, its related mobile applications and social media applications (collectively the “Websites”).

Please read these Terms and Conditions before using the Websites. By accessing and using the Websites you accept these Terms and Conditions and policies contained herein.  You are not authorized to use the Websites if you do not agree to all of the Terms and Conditions stated herein.

This Agreement shall begin on the date hereof.

Rules of Construction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all other agreements  and policies mentioned on the Websites: “Client”, “You” and “Your” refers to you, the person logging onto  the Websites and compliant to the Company’s terms and conditions. “The Company”, “Websites”, “Jacob Jewellery”, “Jacobjewellery.ca”, “Jacobjewellery.com”, “Bijouterie Jacob”, “Ourselves”, “We”, “Our” and “Us”, refers to Jacobjewellery.ca’s head office as well as its affiliates, if any, “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Applicable Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of the province of Quebec.

The parties attorn to the exclusive jurisdiction of the courts of the Province of Quebec regarding any disputes, controversy or claim relating to the interpretation or enforcement of this Agreement.

Cookies

We employ the use of cookies. By accessing Jacobjewellery.ca, you agree to the use of cookies and are in agreement with the Jacobjewellery.ca Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Websites to enable the functionality of certain areas to make it easier for people visiting our Websites. Some of our affiliate/advertising partners may also use cookies.

License and Use of Material on Websites

Jacobjewellery.ca has created its various Websites in order to provide information about its Company and its products for your personal use only. Although considerable efforts have been made to ensure that the visual representations of Jacobjewellery.ca products displayed on the Websites are representative of color, design, style, etc., slight variations, distortions and / or differences may appear from the original product due, for example, to technical problems such as the settings of your browser or your computer. Consequently, Jacobjewellery.ca cannot be held responsible for any apparent differences between the images of the products represented on the Websites and the original products.

Unless otherwise stated, Jacobjewellery.ca and/or its licensors own the intellectual property rights for all material, content and document (“Material”) on the Websites. All intellectual property rights are reserved. You may access, print and/or download the material from the Websites for your personal use only subject to restrictions set in these Terms and Conditions.

 It is strictly prohibited to:

  • Republish Material from Jacobjewellery.ca.
  • Sell Material from Jacobjewellery.ca.
  • Reproduce, duplicate or copy Material from Jacobjewellery.ca.
  • Redistribute Material from Jacobjewellery.ca.
  • Modify, display or otherwise develop derivative or second-hand works based on Jacobjewellery.ca Material or to use said Material in any way whatsoever for public or commercial purposes.
  • In addition, Jacobjewellery.ca Material may not be displayed or communicated on any other platform, in a networked environment or on any other digital platform, for any purpose whatsoever.

In the event of a breach of any of these Terms of Conditions, your authorization to use Jacobjewellery.ca Material will automatically terminate and all copies made of said Material must be immediately destroyed. Any unauthorized use of a Jacobjewellery.ca’s Material may violate the laws relating to copyright, trademarks, confidentiality and publicity laws, as well as the regulations and statutes relating to communications.

Trademarks

In general, all trademarks, logos and service marks (collectively the “Trademarks”) that appear on the Websites are registered, unregistered or otherwise protected Trademarks of Jacobjewellery.ca. All other marks are proprietary marks and have been registered by their respective owners.

No use of Jacobjewellery.ca’s logo or other artwork will be allowed for linking absent a trademark license agreement. Nothing contained on the Websites should be interpreted as granting, implicitly or explicitly, a license or a right to use any trademark without the prior written consent of Jacobjewellery.ca or the third-party owner of the trademark. The misappropriation of any trademark displayed on the Websites, or any other content on the Websites, is strictly prohibited, except as otherwise provided herein.

Unsolicited Communication

Certain parts of the Websites offer an opportunity for users to post and exchange opinions and information. Any unsolicited communication or material that you transmit to Jacobjewellery.ca through the Websites or through social media, email or otherwise, including, without limitation, data, questions, answers, comments, suggestions or others (“Comments”), will be treated as non-confidential by Jacobjewellery.ca. Jacobjewellery.ca does not filter, edit, publish or review Comments prior to their presence on the Websites. Comments do not reflect the views and opinions of Jacobjewellery.ca, its employees, agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Jacobjewellery.ca shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Jacobjewellery.ca reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, defamatory, libelous, offensive, indecent, unlawful, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You agree to post the Comments on our website and have all necessary consents to do so;
  • The Comments do not breach any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
  • The Comments will not be used to solicit or promote business or present commercial activities or unlawful activity.

By sending Comments to Jacobjewellery.ca, you hereby automatically grant Jacobjewellery.ca a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, edit, publish, translate, distribute, display and authorize others to use, reproduce, edit and publish, translate, distribute and display  any of your Comments, alone or as part of other works, in any and all forms, formats or media.

Hyperlinking our Content

The following organizations may link to our Websites without prior written approval:

  • Search engines;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations. We may approve, but are not obligated to, link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Jacobjewellery.ca; and (d) the link is in the context of general resource information.

If you are interested in linking our Websites, you must inform us by sending an e-mail to Jacobjewellery.ca. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. We will get back to you within reasonable delays.

IFrames

Without prior approval and written permission, you may not create IFrames around our Webpages.

Reservation of Rights

We reserve the right to request that you remove all IFrames, links or any particular link to our Websites. You agree and undertake to immediately remove all links and IFrames from our Websites upon request. We also reserve the right to amend these Terms and Conditions and it’s linking policy at any time. By continuously linking to our Websites, you agree to be bound by and follow these linking Terms and Conditions.

Removal of links from our website

If you find any link on our Websites that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

Limitation of Responsibility; Indemnification

You will indemnify Jacobjewellery.ca and its affiliates, their successors, assigns, and each of their directors, officers, employees and agents (the “Indemnified Parties”) and hold them harmless against all actions, loss, proceedings, liability, claims, damages, costs and expenses arising from the performance of Jacobjewellery.ca’s duties (unless arising from Jacobjewellery.ca’s fraud, willful misconduct or bad faith) and including any action or liability brought against or incurred by the Indemnified Parties in relation to or arising out of any breach of this Agreement by the Client or third-party. This indemnity shall survive the termination or suspension of this Agreement.

Jacobjewellery.ca makes an effort to ensure that the information provided is accurate. However, Jacobjewellery.ca does not guarantee, implicitly or explicitly, that the Material appearing of the Websites is accurate, exhaustive, reliable, complete or that the Material will not infringe the rights of third parties.  Jacobjewellery.ca also does not guarantee, implicitly or explicitly that the Websites will remain available or that the Material on the Website is up to date.

Jacobjewellery.ca does not guarantee that the use of its Websites is virus free and if any damages were to ensue as a result, Jacobjewellery.ca will not be responsible for the repair costs.

Unless otherwise required by law, Jacobjewellery.ca cannot be held responsible for direct or indirect damage, of any nature, cause, origin or consequence whatsoever, resulting from the use of the information available on the Websites or in connection with the use of said information or access to the Websites, or held responsible for any loss of use, interruption of activity, loss of profits or data, whatever the form of the action.

Please note that in some jurisdictions, consumer protection laws may not allow certain exclusions or limitations of warranties or liability and, therefore, some of the above exclusions and limitations may not apply.

Privacy Policy

You acknowledge and agree that Jacobjewellery.ca may, in the course of providing its regular services hereunder, collect or receive financial and other personal information about you.

Termination and Suspension of Agreement

You agree that Jacobjewellery.ca may, without prejudice to its other rights, automatically modify, terminate or suspend your access and use of the Websites, without notice, in the event of your breach of any of the provisions of this Agreement, or by any violation by you of the rights of Jacobjewellery.ca, its affiliates or a third party. You agree that Jacobjewellery.ca cannot be held liable to you or any third party as a result of such modification, suspension or termination. The provisions of this Agreement will survive termination of these Terms and Conditions.