Website Terms of Use Agreement
between
ONEGEMME PTY LTD - ABN 93 669 528 018 (“ONEGEMME”)
and
The user of this website (“You/Your”)
Your use of this website is subject to these legally binding terms and conditions.
Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, you must exit this website immediately.
1. Website Terms and Conditions
1.1. The Website is for the purpose of enabling user’s access to ONEGEMME range of products. The Website is owned and operated by ONEGEMME. This Agreement supersedes all prior agreements and may be revised by ONEGEMME from time to time.
1.2. This Agreement must be read in conjunction with the Privacy Policy.
2. Your use of the Website
2.1. You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
2.2. You will not violate or attempt to violate the security of the Website. You will not hack into the Website, ONEGEMME computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
3. Shop Services provided on the Website
3.1. ONEGEMME reserves the right to add, modify or discontinue any of the services and products offered on the Website at any time without notice. ONEGEMME will not be held liable for any decision to modify or discontinue a service or product.
3.2. The prices displayed on the Website exclude GST, delivery charges and import duties. All shipping cost and insurance will be charged to the Fedex account you provide. Prices in store, catalogue and online may vary.
3.3. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a ONEGEMME representative will contact you to settle the refund.
3.4. ONEGEMME endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. After you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive a manual email confirmation with your expected delivery details.
3.5. You may cancel or return your order from the date you place the order until 28 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund excluding delivery costs. All returned items must be complete and in their original and purchased condition. If you wish to cancel or return your order, please provide us with notice in writing. If the item you have received is defective, please notify ONEGEMME promptly and return the item. ONEGEMME will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
3.6. We make all reasonable efforts to accurately display the attributes of our products, including size, shape, colour, overtone, lustre, surface, matching, length, nacre, grade, and purity. An item’s measurements given are only approximate values. Shapes may be indicative only. Lustre, surface, matching, nacre are indicative scales for comparative purpose only. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. Purity is indicative only and describes processing pearls have gone through which may have affected lustre and/ or colour. Grade is an indicative only appreciation of lustre, surface, and nacre quality combination.
3.7. We exert our best efforts to share details pertaining to the origin of our pearls based on suppliers’ declaration. Pearl category, type, habitat and shell species, habitat and country of origin may be indicative only.
3.8. Until a global pearl dedicated Environmental, Social and Governance certifiable framework is in place, we may acknowledge our suppliers based on the regulatory environment they operate within, their commitments to and how they assess their impact. Aware, engaged and certified acknowledgments are indicative only.
3.9. ONEGEMME will endeavour to display correct pricing and product information at all times. If the information displayed is incorrect or if we are unable to fulfil an order due to stock availability, ONEGEMME reserve the right to cancel the order at any time and will provide a full refund of any money paid.
4. Future changes
4.1. From time to time, this Agreement will be reviewed and may be revised. ONEGEMME reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.
4.2. Your continued use of the Website will constitute your acceptance of the variation of the Agreement.
5. Website availability
5.1. From time to time down-time, either scheduled or unscheduled, may occur. ONEGEMME will work within reason to ensure this amount of down-time is limited.
5.2. ONEGEMME will not be held liable for the consequences of any down time.
6. Intellectual Property
6.1. Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
6.2. Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by ONEGEMME or by other parties that have licensed their material to ONEGEMME.
6.3. ONEGEMME trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by ONEGEMME.
6.4. All rights not expressly granted are reserved.
6.5. This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under ONEGEMME direct control and ONEGEMM accepts no responsibility or liability in respect of any such third-party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that ONEGEMME is entitled to require you to remove any link from another website to this Website which you install without obtaining ONEGEMME prior written consent.
7. Limitation of Liability
7.1. To the maximum extent permitted by law, ONEGEMME does not give any warranty in relation to the content, accuracy, or any other aspect of:
7.1.1.any material on the Website; or
7.1.2.the performance of the Website.
7.2. To the maximum extent permitted by law, ONEGEMME excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of the use or reliance on any information on the Website;
7.2.1.accessing or using the Website; or
7.2.2. any interruption, suspension, or termination of the Website for whatever reason. ONEGEMME exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if ONEGEMME has been notified of the possibility of such loss or damage. You agree that ONEGEMME liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.
8. Force Majeure
ONEGEMME will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond ONEGEMME reasonable control.
9. Termination
9.1. ONEGEMME reserves the right to cease providing services at any time.
9.2. ONEGEMME shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
10. Governing law
These terms and conditions will be governed by and construed in accordance with the laws of the state of Western Australia, Australia.
11. Definitions
“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time. “ONEGEMME” means ONEGEMME PTY LTD “Website” means internet website with the URL’s of http://www.onegemme.com “You” means the user of the Website (and “Your” has the corresponding meaning).