TERMS OF USE

Terms of Use

1. Your Acceptance

Last updated: June 2017

Welcome to http://www.primagold.com (the “Website”). Please read these Terms of Use carefully before using this Website. By accessing this Website in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use, our Privacy Policy and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this Website. If you disagree with any part of the terms then you may not access the Service.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. By continuing to use the Website after we post any such changes, you accept the Terms of Use as modified.

2. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Prima Gold, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Prima Gold’s express prior written consent.

You may use information on Prima Gold products (such as data sheets, knowledge base articles, and similar materials) purposely made available by Prima Gold for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

3. Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Prima Gold reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Prima Gold server, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Prima Gold or others. 

4. Privacy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.

5. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRIMA GOLD OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRIMA GOLD DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIMA GOLD NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

6. Limitation of Liability

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

In the event the Item is lost or stolen while in our possession, we will replace it with a new Item or, with your consent, an item of like kind or the retail purchase price value paid for the Item. In the event the Item is damaged while in our possession, we will repair or replace it at our option with a new Item or, with your consent, an item of like kind. To the extent permitted by applicable law, we expressly disclaim any liability to you for any sentimental or emotional value associated with the Item, for any value associated with any claimed provenance or heritage associated with the Item, or, in the case of any vintage or heritage Items, for any value associated with original, component or replacement parts. You shall be obliged to take adequate measures to avert and reduce damages.

7. Indemnity

You agree to indemnify and hold Prima Gold, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Prima Gold by any third party due to or arising out of or in connection with your use of the Site.

8. Intellectual Property Rights

8.1 The Website is the sole owner or lawful licensee of all the rights and interests in the sites and the site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with the Website, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by the Website are hereby reserved.

8.2 "PRIMAGOLD" and “The Website " and related icons and logos are registered trademarks or trademarks or service marks of Pranda Jewelry Public Company Limited, and related icons and logos are registered trademarks or trademarks or service marks of Website, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

8.3 The Website may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

9. Termination and suspension

You agree that Primagold may terminate or suspend your access to and use of the Platforms if Primagold reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Primagold, its affiliated companies or any third party, with or without notice to you. You agree that Primagold may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Primagold will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

10. Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Thailand without reference to conflict of law’s provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Thailand are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

11. Miscellaneous

All rights not expressly granted herein are reserved. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

12. Change to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page and shall be effective upon posting on Our Website. You are expected to check this page from time to time to take notice of any changes .We make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Our Website.

13. Contact Us 

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address. You can also use this address if you wish to request a copy of the personal data we hold about you.
Tel: +66 2 769 9999
Email: info@primagold.com

 

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