Terms of Service
Overview
Welcome to the Friday Sky website (the “Site”). The Terms of Service constitute a legally binding agreement made between all users of the Site (“you”), including without limitation users who are customers, merchants, and/ or contributors of content, and Friday Sky Fine Jewelry Inc. (“Company,” “we,” or “us”). By accessing the Site, you engage in our “Service” and consent to be bound by the terms and conditions (“Terms of Service”, “Terms”) governing your access and use to content, functionality, and services offered by the Site.
Please review the terms and conditions carefully before accessing or using the Website. Your access and usage of the Site indicates that you have read, understood, and agreed to be bound by the Terms of Service. The purchase of any product(s) through the Site represents your (i) acceptance, compliance, and agreement to be bound by the Terms of Service, and (ii) that you have the right, authority, and capacity to abide by the Terms of Service. If you do not agree to these Terms of Service, you are prohibited from using the Site or any services.
SECTION 1- ONLINE STORE TERMS
By accessing, browsing, and using the Site, you represent and warrant that you are at least the age of majority in your state or province of residence and you reside in a country where it is legally permissible to access and use this site to its fullest extent. If you do not meet these foregoing eligibility requirements, you must not access the Site.
You may not use our products or Service for any illegal or unauthorized purpose nor may you, in use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use, frame, or utilize any Company trademark, logo or other proprietary information without our written consent.
The Terms of Use permit you to use the Site for personal use only. This permission does not include, without limitation: (i) any resale or commercial use of the Site or content therein; (ii) the collection and use of any product listings or descriptions; (iii) making derivative uses of the Site and its contents; or (iv) use of any data mining, robots, or similar data gathering and extraction methods.
Any unauthorized use of the Site will terminate the permission granted by the Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
SECTION 2- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. Friday Sky is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without prior written permission. If you believe an intellectual property right has been violated on the Site, please contact us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are committed to providing accurate information on our Site and in our communications. We do not, however, warrant that the information made available on this site is accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. Information that we communicate is not a binding contract, and should not be treated as such. You agree that it is your responsibility to monitor changes to our site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
SECTION 4- MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to modify or discontinue the Site, as well as any provided services or materials, at our sole and absolute discretion without prior notice. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options.
Product details and prices are also subject to change without notice. All of our prices are final and non-negotiable. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
SECTION 5- PRODUCTS OR SERVICES
Please note that we have made every reasonable effort to accurately depict the colors, features, specifications, and details of our products. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to decline any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to originate from dealers, resellers or distributors. We reserve the right to limit the quantities of any products or services that we offer and discontinue any product at any time. We may exercise these rights on a case-by-case basis. Please note that there may be circumstances where we are unable to process your order. These situations include instances where the product is out of stock, we identify an error in the price or description of the product, or if there are issues identified with your account related to credit and fraud. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Any offer for any product or service made on this site is void where prohibited.
SECTION 6- ACCURACY OF BILLING AND ACCOUNT INFORMATION
When you place an order with us by completing and submitting the order form on the Site, you shall be responsible for ensuring the accuracy of all orders. You represent and warrant that (i) the credit card information you supply to us is true, current, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
SECTION 7- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party sites that are not affiliated with us. We make no representations or warranties regarding, and accept no liability or responsibility whatsoever for, the quality, content, nature or reliability, including but not limited to the accuracy or completeness of the content, information, or opinions of sites accessible by hyperlink from the Site, or sites linking to the Site. We will not have any liability or responsibility for any third-party materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption of the site or any information contained therein. When leaving the Friday Sky Site, you should be aware that the Terms of Service no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
SECTION 9- USER CONTRIBUTIONS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Contributions”), you grant us and our related agents, licensees, sublicensees, contractors, successors, legal representatives, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use the User Contribution in any manner to be determined in the our sole discretion. We shall be entitled to unrestricted use of the User Contribution for any purpose, including but not limited to on social media pages, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit the User Contribution in any manner we deem appropriate, with no obligation to you whatsoever.
You are also agreeing, representing and warranting that you own or control all rights in and to the User Contribution and have the right to grant the license granted above. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You agree that the User Contribution will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that the User Contributions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Contribution. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 10- PERSONAL INFORMATION
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other account information. It is a condition of your use of the Site that all information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.You are solely responsible for maintaining the confidentiality of your account. You are responsible for Your own compliance with local laws regarding Internet use and access. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Service.
SECTION 11- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We reserve the right to revise the content on this site and its content may not necessarily be complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
SECTION 12- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and all products delivered to you through the service are (except as expressly stated by us) provided on an 'as is' and 'as available' basis. Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14- INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any content submitted, posted, or otherwise provided by you to us and/or our third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of the Terms of Service, any warranty you provide herein, or otherwise arising in any way out of your use of the Service. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.
SECTION 15- SEVERABILITY
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforceable to the maximum extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms of Service, and this determination shall not impact the validity and enforceability of the remaining provisions.
The content presented on the Site is not intended for dissemination or use by any individual or entity in any jurisdiction or country where such dissemination or use would contravene the law or regulations, or where it would obligate us to fulfill any registration prerequisites within that jurisdiction or country. Accordingly, individuals who opt to access the Site from other locations do so at their own volition and are solely responsible for adherence to applicable local laws.
SECTION 16- ENFORCEMENT AND TERMINATION
We reserve the right, but not the obligation, to monitor the activity and content associated with our Site. We may investigate reported violations of our policies or complaints and take appropriate action as deemed necessary. We may also access and disclose personal information, including, without limitation, user profile information, IP addressing and traffic information, usage history, and posted content, to third parties when necessary or appropriate to cooperate with legitimate governmental requests, subpoenas or court orders, protect our systems and customers, or ensure the integrity and operation of our business and systems. Our right to disclose such information in accordance with applicable law or regulation takes precedence over the provisions stated in our Privacy Policy. By using the Service, you waive any claims and hold the company, its affiliates, licensees, and service providers harmless from any consequences resulting from actions taken by us during, or as a consequence of, investigations by either party or law enforcement authorities.
These Terms of Service remain effective until terminated by either you or us. You have the right to terminate these Terms of Service at any time by ceasing to use our site. Any obligations or liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 17- ENTIRE AGREEMENT
The Terms of Service, our Privacy Policy, and other pertinent documents on this Site form the comprehensive agreement between you and us regarding the use of the Service, superseding all prior and contemporaneous agreements, proposals, and warranties, both written and oral. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
No waiver by the Company of any term or condition specified in these Terms of Service shall be considered a subsequent or continuous waiver of such term or condition or of any other term or condition. Any failure by the Company to enforce a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
SECTION 18- GOVERNING LAW
The terms and conditions shall be subject to and governed by the laws of Canada. Friday Sky Fine Jewelry Inc. and its affiliates and subsidiaries and yourself irrevocably consent to the jurisdiction of the courts situated in the City of Vancouver, Canada for the resolution of any disputes arising in connection with these terms. Any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Friday Sky Fine Jewelry Inc., its affiliates, and subsidiaries retain the right to commence legal proceedings with the courts of your country of residence or in the state where your principal place of business is located if these terms are entered into the course of your trade or progression.
SECTION 19- CHANGES TO TERMS OF SERVICE
The Terms of Service may be periodically revised and updated at our sole discretion. Any modifications are effective immediately upon posting and apply to all subsequent use of the Website. By continuing to use the Site after the revised terms and conditions are posted, you indicate your acceptance and agreement to the updated terms. It is your responsibility to periodically review the Terms of Service to stay informed of any modifications.
SECTION 20- CONTACT INFORMATION
If you have any questions or concerns regarding the use of the Site, please contact support@fridaysky.com.
