This website, www.daykarkal.com, (the “Website”) is owned and operated by DAY KARKAL LTD. (“we” or “DAY KARKAL” or “DAY KARKAL LTD”), a company registered in HONG KONG under the company number 2993195.
We reserve the right to change these terms at any time. Any such changes will apply to new orders as soon as they are posted on the Website. It is your responsibility to read the Terms and Conditions each time you use the Website. Your continued use of the Website means that you are agreeing with the latest version of our Terms and Conditions. Any purchases you make are based on the version of the Terms and Conditions valid at the time of purchase.
USE OF THE WEBSITE
。 You may only use the Website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding your use of the Website.
。 You shall not and shall not attempt to violate the security of the Website including, without limitation:
(i) accessing data not intended for you;
(ii) logging into a server or account which you are not authorised to access;
(iii) probing, scanning or testing the vulnerability of a system or network utilised by the Website;
(iv) breaching the security or authentication measures adopted by us for the Website; and
(v) interfering with the access to or use of the Website by other users.
。 If you breach any Terms you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
CONTENTS OF THE WEBSITE
。 The maintenance of the Website and all materials and information presented on the Website are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or services.
。 Pictures of products on the Website are for reference only. Although we have made every effort to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer or mobile device screen may be affected due to screen defaults or display and colour capabilities of your computer or mobile device. We are not responsible for the limitations of technology and do not guarantee that your screen’s display of any colour, size, texture or detail of the products will be accurate.
。 At DAY KARKAL LTD, we have committed ourselves to offering you high quality diamonds at contemporary prices, always supplemented by first-class service in our guarantees.
DAY KARKAL Hong Kong Manufacturing Guarantee
。 We pride ourselves in being a Hong Kong company that manufactures its jewellery in Hong Kong.
。Estimated delivery times will be specified before the customer’s order confirmation. We strive to deliver the goods within the deadlines specified in the shipping confirmation.
。 Delays can be unavoidable due to unforeseen factors, especially with custom-made items. DAY KARKAL assumes no liability for delays caused by slight negligence or failures to meet delivery deadlines caused by slight negligence. Nothing in this contract is intended to limit the liability for damage to life, body or health that is the result of a negligent breach of duty by DAY KARKAL or an intentional or negligent breach of duty by a legal representative or proxy of DAY KARKAL.
。 If buyers choose to pick up the goods at our boutique, buyers can pick up the order only by themselves in person unless otherwise agreed in advance.
。The risk of loss and damage to the goods shall pass to you when the goods are handed over.
SUBMISSIONS AND OWNERSHIP OF INFORMATION
。 You agree and consent that any and all information including comments, messages, Forum postings, data, suggestions, designs, concepts and other items or materials disclosed, submitted, uploaded, posted, emailed, transmitted, distributed, published or offered to us through or in connection with the Website including via email, mail, voice mail or any other form of transmission (collectively, “Submission”) are submitted on a non-confidential and non-proprietary basis and will, on submission, become the property of DAY KARKAL. We are under no obligation to:
(i) accept any Submission;
(ii) maintain any Submission in confidence;
(iii) pay to you or anyone any compensation for or in connection with the use, including distribution, of any Submission;
(iv) respond to any Submission; or
(v) save or retain any Submission.
We will preserve the content of any Submission at our sole discretion.
。 You are solely responsible for all content that you submit. You represent and warrant that your Submission will not, in any manner:
(i) violate any applicable law or regulation or advocate illegal activities;
(ii) infringe the copyright, trademark, trade secrets or other intellectual property rights of others;
(iii) violate the privacy or publicity or other personal rights of others;
(iv) be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;
(v) advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation; or
(vi) contain viruses, Trojan horses, worms, corrupted files, any other Malware or other materials that may cause damage to another’s computer,
and you agree not to submit any such material.
INTELLECTUAL PROPERTY RIGHTS
。 You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual property owned by us, our Affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
。 All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names and/or logos or those of our Affiliates or third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Website.
。 You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided you will not delete or change the copyright, trademark and any other proprietary notices or legends contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying.
。 You undertake that, except for your personal non-commercial use, you shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part.
。 Any use of the materials on the Website other than those permitted under these Terms is strictly prohibited.
。To the extent that we do not own the intellectual property rights in any Submission, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to use the Submission in connection with our business purposes.
DISCLAIMERS AND LIMITATION OF LIABILITY
。 To the greatest extent permitted by law, the Website is provided “as is”, without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we specifically disclaim and exclude any and all representations and warranties of any kind in connection with or in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat. Unless otherwise expressly set forth herein, Day Karkal makes no representation that the content and materials on this website are appropriate or available for use in any location. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
Without limiting the generality of the foregoing, we do not represent or warrant that:
(i) your use of the Website will be uninterrupted or error-free;
(ii) defects on the Website will be corrected;
(iii) the Website, or the server that makes it available, will be free of viruses, Trojan horses, worms, any other Malware or other harmful elements;
(iv) the information contained in the Website will be timely, accurate, useful or complete; or
(v) the products displayed and the services described on the Website will be available in our retail or online shops at all times.
。 We will not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure) or any other causes beyond our reasonable control.
。 We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we will not be liable to you for any modification to or withdrawal of the Website.
。 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
。 You irrevocably and unconditionally agree to defend, indemnify and hold harmless us and each of our Affiliates and each of our respective officers, directors, agents, employees, contractors and other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from, in connection with or related to your use of the Website or your breach of these Terms.
。 These Terms constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communication (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
。 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
。 The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of these Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
GOVERNING LAW AND JURISDICTION
。 These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.
。 All dates and times in these Terms refer to the Hong Kong time zone. Sundays and all Public Holidays in Hong Kong will not be considered as working days for the purposes of these Terms.
。 Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by a court of competent jurisdiction.