TERMS AND CONDITIONS OF USE OF THE COMPASS ROSE WEBSITE:
This page sets out the legal terms and conditions in which you may access our website https://www.thecompassrose.co.uk (‘the Site’).
1. We are The Compass Rose (Jeweller) Limited. The Compass Rose is our tradename. The Compass Rose is a Company limited by shares and registered at Companies House in England and Wales under company number 13985351. Our trading address is The London Bourse, 100 Hatton Garden, London, EC1N 8NX. Our registered office address is Aston House, Cornwall Avenue, London, N3 1LF.
2. You can contact us by post at our trading address above, or by email [email protected] or by telephone 02078713022 or by face to face appointment booking through the Site, or else remotely by mutually agreed medium, by calling or emailing us first.
3. By using the Site, you agree to be bound by these terms and conditions of use.
6. Any products or services on the Site are governed by the Terms and Conditions of Sale and are separate to these Terms and Conditions of Use.
ACCESSING OUR SITE
7. Availability of the Site. Access to our Site is permitted on a temporary basis, and we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
8. We reserve the right to suspend or withdraw the availability of all or any part of our Site without notice, for business or operational reasons. [We will try to give reasonable notice on our Site of any planned suspension or withdrawal.]
9. Acceptable Use. When using our Site, you must comply with the provisions of these Terms. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them. We may restrict or suspend your access to some or all of the Site where you have breached these Terms or take such action as we deem appropriate.
10. You are responsible for making all arrangements necessary for you to have access to our Site.
USERS OUTSIDE THE UK
11. These Terms relate to our UK website, https://www.thecompassrose.co.uk which is directed to people residing in the United Kingdom. We do not represent that content available on or through the Site is appropriate for use or available in other locations.
CHANGES TO THE SITE
12. We reserve the right to modify the content of the Site at any time, but we have no obligation to update any information on the Site.
YOUR RELIANCE ON OUR CONTENT
13. We are not responsible if information made available on the Site is not accurate, complete or current. Commentary and other materials posted on the Site are provided for general information only and are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
14. Keeping your details safe. If you choose to set up an account on the Site, you must ensure that any log-in details, such as your username and password, are kept confidential and not disclosed to any third party.
16. If you know or suspect that anyone other than you know your user identification details for your account, please promptly notify us at [email protected].
VIRUSES, HACKING AND ACCEPTABLE USE
17. Security of the Site. We do not guarantee that the Site will be secure or free from bugs or viruses, and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
18. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any content or other materials from the Site. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
19. Misuse of the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, keystroke loggers, spyware, adware, logic bombs or other content or computer code which is malicious or technologically harmful including where designed to adversely affect the operation of any computer software or hardware.
20. Prohibited activities. 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 our Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site including, without limitation, any information residing on any server or database connected to the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Site in violation of any applicable law.
21. You may not use the Site:
(a) in any way that breaches any applicable local, national, or international law or regulation.
(b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
22. Unlawful and prohibited access. You must not a access without authority, interfere with, damage or disrupt the Site or any part of it, the server on which the Site is stored or any server, computer or database connected to the Site, any equipment on which the Site is stored, and software used in the provision of the Site, or any equipment or network or software owned or used by any third party in connection with the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
23. No reverse engineering. You may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site and/or its content or make unauthorised use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. 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 Site.
24. You may use the Site only for lawful purposes.
SUSPENSION AND TERMINATION
25. We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Site.
26. Termination of Rights. When a breach of these Terms has occurred, your right to use the Site will cease immediately on a temporary or permanent basis (at our discretion), and we may take such action as we deem appropriate.
27. Further action. Failure to comply with any of the prohibitions constitutes a material breach of these Terms, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions in addition to withdrawing your right to use the Site:
a. Immediate, temporary or permanent removal of any posting or material
uploaded by you to our Site.
b. Issue of a warning to you.
c. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
d. Further legal action against you.
e. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
LINKING TO THE SITE
28. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
29. You must not establish a link from any website that is not owned by you.
30. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
31. We reserve the right to withdraw linking permission without notice.
32. If you wish to make any use of material on the Site other than that set out above, please address your request to [email protected].
LINKS FROM THE SITE
33. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
INTELLECTUAL PROPERTY RIGHTS
34. Our Rights. We are the owner or the licensee of all intellectual property rights on the Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Site, as well as the look and feel and the design of the Site and the organisation of the content on the Site. Trademarks, logos and service marks displayed on the Site, are registered and unregistered trademarks of The Compass Rose, its licensors or content providers, or third parties.
35. Your Rights. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any intellectual property displayed on the Site without the owner’s prior written permission, except as otherwise described herein.
36. No commercial gain. You must not use any part of the Content and/or materials on our Site for commercial purposes without obtaining a licence to do so from us or our Licensors. This does not prevent you from drawing the attention of others within your organisation to material posted on our Site (subject at all times to these Terms).
37. Permitted Uses. Subject to these Terms, you may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
38. No Modifications. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
39. Breach of these provisions. If you print off, copy or download, or modify any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
40. Liabilities not excluded. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.
41. Liabilities in connection with product purchases. Different limitations and exclusions of liability will apply to liability arising as a result of your purchase of products from us, whether in boutique or over the internet via our Site. Please see the terms of your sales contract for further details.
42. Liability for business use. We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
43. Liabilities for unforeseen losses. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with any user’s use of our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
45. You agree to defend, indemnify and hold us, our affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from (i) your use of our Site; (ii) your placement or transmission of any content or other materials through our Site, or (iii) your breach or violation of the law or of these Terms.
46. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
OTHER IMPORTANT TERMS
47. Changes to these Terms. We may revise these Terms at any time without notice to you by amending these Terms. Such changes are effective when they are posted on our Site and your continued use of our Site after any such changes are posted will be considered acceptance by you of such changes.
48. Please check these Terms from time to time and each time you wish to use our Site, and take notice of any changes we make or have made, as they are effective and binding on you from the time of posting.
49. Assignment. We may assign or transfer our rights and obligations under these Terms to a third party at our discretion. We will endeavour to notify you if this happens.
50. Third Party Rights. These Terms are between you and us. No third party shall be entitled to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or any applicable local legislation.
51. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect.
52. Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
53. Jurisdiction and applicable law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
54. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
55. If you have any concerns about material which appears on our Site, please contact [email protected] Alternatively, you can contact us by telephone 02078713022.
WEF: December 2022