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Terms &
Conditions
Thaigem.com
provides its services subject to the following terms, conditions,
and provisions ("Terms & Conditions"). By accessing, viewing, or
using this site, you indicate that you understand these Terms &
Conditions and accept them as the legal equivalent of a signed,
written contract, binding you to these Terms & Conditions.
Thaigem.com reserves the right to change these Terms & Conditions
at any time for any reason, and your continued use of this site
following any modifications will be considered acceptance of such
modifications. |
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1. |
Copyright. Unless
otherwise indicated, all content on this site, including text, graphics,
images, and logos, is the property of Thaigem.com or its content
suppliers and is protected by United States and international copyright
laws and regulations. In addition, Thaigem.com owns a copyright
on this site as a collective work or compilation, and in the selection,
coordination, enhancement, and arrangement of the site's content.
Except as expressly provided herein, Thaigem.com does not grant
any expressed or implied right to you. Thaigem.com actively and
aggressively enforces its intellectual property rights to the fullest
extent of the law. The contents of this site are "Copyright
© 1999-2005, Thaigem Global Marketing Limited. All rights reserved."
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Trademarks. Thaigem.com and other names, graphics, logos, and icons identifying Thaigem.com or its products or services are the proprietary marks
of Thaigem Global Marketing Limited. These trademarks may not be
used in connection with any product or service that is not Thaigem.com's,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Thaigem.com. All
other trademarks not owned by Thaigem.com that appear on this site
are the property of their respective owners.
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3. |
License. These
Terms & Conditions provide you with a personal, revocable, nonexclusive,
nontransferable license to use this site conditioned on your continued
compliance with these Terms & Conditions. You may use this site
solely for your personal use, and you may download a single copy
of the materials from this site only for personal, noncommercial
use, as long as you agree not to remove any copyright, trademark,
or other proprietary notices from the materials downloaded. Except
as expressly provided herein, you may not modify, copy, distribute,
broadcast, transmit, reproduce, publish, license, transfer, sell,
mirror, frame, deep link, or otherwise use any information or material
obtained from or through this site without the prior written permission
of the material's owner. As a condition of your use of this
site, you warrant to Thaigem.com that you will not use this site
for any purpose that is unlawful, unauthorized, or inconsistent
with these Terms & Conditions, and you agree that this license to
use the Thaigem.com website will terminate immediately upon your
violation of this warranty. Thaigem.com reserves the right to terminate
your access to this site and its content at any time, with or without
notice, at our discretion.
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Disclaimers.
While Thaigem.com endeavors to provide the most accurate, up-to-date
materials available, the information, materials, products, and services
available on this site may include inaccuracies, typographical errors,
or outdated information. Moreover, Thaigem.com may make modifications
or changes to the site or the information, materials, products,
and services described in this site at any time, for any reason.
Thaigem.com is not responsible for and need not honor typographical
or pricing errors on the site; Thaigem.com reserves the right to
refuse or cancel orders at any time, including but not limited to
orders that contain incorrect prices or product descriptions, orders
in which Thaigem.com believes the customer has violated applicable
law, and orders that Thaigem.com believes are harmful to Thaigem.com
or its affiliates. Thaigem.com also reserves the right to limit
the number of items purchased or orders placed through this site.
You assume the sole risk of making use or relying on the information,
materials, products, and services available on this site. Thaigem.com
makes no representations about the suitability, completeness, timeliness,
reliability, legality in your jurisdiction, or accuracy of the information,
materials, products, and services described or contained in this
site for any purpose. All information, materials, products, and
services are provided "as is" without warranty of any
kind, including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title, and noninfringement. In
no event shall Thaigem.com be liable for any indirect, punitive,
consequential, incidental, or special damages arising out of or
connected with the use of this site or with the delay or inability
to use this site, for any information, materials, products, and
services obtained through this site, or otherwise arising out of
the use of this site, whether such damages are based in contract,
tort, strict liability, or otherwise, even if Thaigem.com has been
advised of the possibility of such damages. Some states and jurisdictions
do not allow the exclusion or limitation of liability for incidental
or consequential damages, so the above limitations may not apply
to you. Notwithstanding the foregoing, your sole remedy for any
liability related to the use of this site shall be limited to the
amount you paid in connection with the subject matter in dispute.
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5. |
Returns.
Returns must be received within 30 days from shipment. All returns
must be in their original condition and "Lots/Parcels" must be
returned in their entirety. Thaigem.com reserves the right to
reject returned item(s) if the above conditions are not met.
Insurance is not refundable, and there will be a return
transaction fee deducted on all return orders (this varies
depending on type of payment). |
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6. |
Disclosure of Treatment.
The majority of gemstones traded internationally have undergone
some form of treatment. While you should always assume treatment
when purchasing gemstones, for more information on the particular
treatments used in the gemstones sold at Thaigem.com please access
our Globally
Accepted Gemstone Treatments page or email
support@thaigem.net. |
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Submitted Jewelry
Designs. Where rights have previously been unassigned, Thaigem.com
claims all rights to all jewelry designs submitted. By submitting
a jewelry design with unassigned rights to Thaigem.com, you grant
Thaigem.com full rights to re-produce for sale, modify or distribute
your design. |
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8. |
Commissions.
Referral Rewards Commissions are only awarded on successful
transactions (i. e. transactions where the goods are retained or
replacements issued). Commissions are based on the total value of
purchase excluding shipping and are not awarded for purchases
where a monetary refund is issued post return and will not be
issued in cash. Commissions will be credited to your account and
made available for use upon expiry of the commissionable
transaction's 40 day-inspection period. Any returned items
purchased in full or in part using Referral Rewards credits are
eligible for replacement only, no cash refunds will be issued on
such returned items. Thaigem.com reserve the right to remove any
Commissions awarded as a result of fraudulent activities. Please
note that Commissions are only awarded for direct purchases at
www.thaigem.com and will be deleted from our
system if not redeemed within 1 year. |
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Gift
Certificates. Gift Certificates are non refundable. The gift
amount will be credited to the recipient's account and made
available for use at Thaigem.com with no expiry date. Any returned
items purchased in full or in part using Gift Certificates are
eligible for replacement of the item only, no cash refunds will be
issued on such returned items. Please
note that Gift Certificates are only awarded for direct purchases at
www.thaigem.com and will be deleted from our
system if not redeemed within 1 year. |
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Linked Sites.
This site contains links to sites owned and maintained by persons
or entities other than Thaigem.com. Thaigem.com does not regularly
review materials posted, or products or services offered, on the
web sites to which this site is linked. Thaigem.com does not necessarily
endorse all of the materials, products, and services available on
such linked sites, and Thaigem.com expressly disclaims responsibility
for the contents of any linked site, the accuracy of any information
contained in a linked site, and the quality of the products and
services offered at any linked site. Any decision to view the contents
of any linked site is solely yours and is made at your own risk. |
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Submissions.
Thaigem.com welcomes your comments about your experiences shopping
with us and your suggestions about how to improve this site. Any
comments, ideas, suggestions, information, or any other content
you contribute to Thaigem.com or this site (including the name you
submit with any content) will be deemed to include a royalty-free,
perpetual, irrevocable, nonexclusive right and license for Thaigem.com
to adopt, publish, reproduce, disseminate, transmit, distribute,
copy, use, create derivative works from, display worldwide, or act
on such content, without additional approval or consideration, in
any form, media, or technology now known or later developed for
the full term of any rights that may exist in such content, and
you waive any claim to the contrary. You represent and warrant that
you own or otherwise control all of the rights to the content that
you contribute to this site and that use of your content by Thaigem.com
will not infringe upon or violate the rights of any third party. |
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Indemnity. You
agree to indemnify, defend, and hold harmless Thaigem.com, its affiliates,
and all of their employees, agents, officers, directors, proprietors,
partners, representatives, shareholders, servants, attorneys, accountants,
predecessors, successors, and assigns from and against any and all
claims, proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys' fees and litigation
expenses) relating to or arising from your use of this site or any
breach by you of these Terms & Conditions. |
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Applicable Law.
By visiting Thaigem.com, you agree that the laws of Singapore,
without regard to principles of conflict of laws, will govern these
Terms & Conditions and any dispute of any sort that might arise
between you and Thaigem.com or its affiliates. |
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14. |
Local Laws.
Thaigem.com makes no representation that materials in this site
are appropriate or available for use in other locations, and access
to them from territories where any of the contents of this site
are illegal is prohibited. Further, Thaigem.com makes no representation
that the products and services available for sale or use on this
site are appropriate or available for use in other locations, and
use or purchase of such products or services from territories where
such purchase or use is illegal is prohibited. If you choose to
access or make purchases from this site from other locations, you
do so on your own volition and are responsible for compliance with
any applicable local laws. |
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15. |
Entire Agreement.
These Terms & Conditions, together with Thaigem.com's shipping
policy, privacy policy, returns policy and other rules and policies
posted on the site, which are hereby incorporated as if set forth
fully in these Terms & Conditions, constitute the entire agreement
between you and Thaigem.com with respect to your use of and material
available through the site, and they supersede all prior or contemporaneous
communications and proposals between you and Thaigem.com with respect
to this site. Any rights not expressly granted in these Terms &
Conditions are reserved. |
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16. |
General. In
the event that any provision contained in these Terms & Conditions
is held by a court of competent jurisdiction to be contrary to any
law, the remaining provisions of these Terms & Conditions will remain
in full force and effect. No joint venture, partnership, employment,
or agency relationship exists between you and Thaigem.com as a result
of these Terms & Conditions or your use of this site. The waiver
by Thaigem.com of one breach or default under these Terms & Conditions
shall not constitute the waiver of any subsequent or other breach
or default. |
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