www.keygems.net (the “Website”) is a site operated by Key Gems international Co., Ltd., Bangkok, Thailand (“KEY GEMS” “us”, “we”, or “our”). The purpose of these Website Terms and Condition (“Terms and Condition”) is to inform any potential user of the Website of its Terms and Condition. Please read these Terms and Condition carefully before using the Website.
Your access to and use of the Website as well as of any services provided by or through the Website is conditioned on your acceptance of and compliance with these Terms and Condition. These Terms and Condition apply to all visitors, users and others who access or use the Website.
Acceptance of Terms
By accessing or using any part of the Website or services provided by or through the Website, you agree to accept and comply with this Terms and Condition and notices on the Website and as may be modified from time-to-time by us without notice to you. These Terms and Condition constitute a binding contract between you and us. You are responsible for regularly reviewing the Terms and Condition. You can review the most current version of the Terms and Condition at any time at: Terms and Condition If you do not wish to be bound by these Terms and Condition, please do not access or use any part of the Website or any of the services provided by or through the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms and Condition at any time.
For all questions relating to these Terms and Condition, the products, your orders, any additional question or request for advice, you can contact our Customer Service in the “Contact us” section of the Website, through telephone, email or live chat, where available.
Links to Other Websites
The Website may contain links to third-party websites or services that are not owned or controlled by KEY GEMS.
KEY GEMS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Disclaimers and Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE WHATSOEVER SHALL KEY GEMS BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE. OTHER THAN AS REQUIRED BY APPLICABLE CONSUMER PROTECTION LAW OR INSURANCE LAW, IF ANY, IN NO EVENT WILL KEY GEMS BE LIABLE FOR ERRORS OR OMISSIONS IN THIS INFORMATION OR FOR ANY LOSSES OR DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL RESULTING FROM YOUR USE OR MISUSE OF, OR RELIANCE ON, ANY SUCH INFORMATION. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, OFFER TO SELL, AVAILABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS OF PRODUCTS OR INFORMATION FOR A PARTICULAR PURPOSE,
AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. KEY GEMS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to defend, indemnify and hold KEY GEMS, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Condition, excluding the gross negligence or willful misconduct of KEY GEMS. KEY GEMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KEY GEMS’s defense of such claim.
You shall not:
(i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means;
(iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(iv) use the Website or the Website’s services or features in violation of KEY GEMS’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
Viruses, Hacking and Other Offenses
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which the Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms and Condition or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights. All provisions of the Terms and Condition which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our failure to exercise or enforce any right or provision of these Terms and Condition will not constitute a waiver of such right or provision. If any provision of these Terms and Condition is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Condition remain in full force and effect.
Intellectual Property and Trademarks
The trademark “KEY GEMS”© and all trademarks, logos and service marks (the “Trademarks”) which appear on this Website are registered and/or unregistered KEY GEMS trademarks and are the exclusive property of KEY GEMS and/or any of its subsidiaries or affiliates. The Website, and all material, elements and content included on the Website (including drawings, designs, illustrations, photographs, text, computer code, sound tracks, and graphics) which appear on this Website as well as the look and feel of and know-how related to the Website, are the exclusive property of KEY GEMS and/or any of its subsidiaries or affiliates and the use by you of KEY GEMS’s Trademarks or any such material, look and feel and know how, in any manner, is strictly prohibited. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any Trademarks or other material displayed on this Website without the written permission of KEY GEMS. You have permission to electronically copy and print hard copies of pages from this Website solely in connection with non-commercial purposes related to placing an order or shopping with the Website. Unless we give you specific permission in advance, any other use of this Website, its content and its information, are strictly prohibited.
Except otherwise expressly provided, the laws of Thailand (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Condition and the other Site Policies, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Condition and the other Site Policies shall be brought solely in the Courts of Bangkok, Thailand.
If you have a complaint regarding any form of abuse and/or any violation of these Terms and Condition, please contact us through the “Contact us” section of the Website. After you fill out and submit a report, we will review it and take action if appropriate.
(c) 2018 Key Gems international Co., Ltd. All rights reserved.
These Terms and Condition are effective as of 1 March 2018.