Last Updated: June 7th, 2023
General
This website www.jacobmercari.com (the “Site”) is owned and operated by Jacob Mercari Inc. (“Jacob Mercari”, “we”, “us” and “our”). These Terms and Conditions explain how you may use this Site. Please read these Terms and Conditions carefully before using this Site. Your access or use of this Site constitutes your agreement to be bound by these Terms and Conditions. If you do not agree with or accept these Terms and Conditions, you should cease using this Site immediately.
We reserve the right to amend these Terms and Conditions from time to time without prior notice and without incurring any liability. Any changes to these Terms and Conditions will be effective immediately. Your continued access to or use of this Site after such changes take place indicates your acceptance of these Terms and Conditions as modified.
Jacob Mercari’s Privacy Policy, located here, is incorporated herein by reference and forms an integral part of these Terms and Conditions. Any personal information you submit to Jacob Mercari will be subject to our Privacy Policy.
Information on our Site
This Site and the information on it provided strictly for your convenience. Although we strive to ensure that information placed on the Site is accurate, we do not represent, warrant or promise that the information on this Site is or remains accurate, complete, up to date, free from bugs, or suitable for any particular purpose, except as specifically indicated in these Terms and Conditions.
The information contained on this Site is subject to change and can be updated without prior notice. In rare circumstances, information on this Site, including prices, may be inaccurately displayed. Inadvertent errors or inaccurately advertised prices are not binding on us, and may be adjusted at any time. We reserve the right to correct any and all errors when they do occur.
All of our mined diamonds are purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions.
Information pertaining to the size, weight, colour, clarity and quality of our diamonds is supplied by the manufacturer. We endeavour to post the most accurate information possible about all our diamonds and mounted rings. For rings with multiple diamonds average weights are listed on this Site. Carat total weight and size may vary slightly from the stated weight and size for mounted and semi-mounted rings.
We endeavour to take images of our products that accurately reflect their shape, colour and size but we do not guarantee the accuracy of the images. Products may appear larger or smaller than their actual size. Colours may appear differently on different monitors. Some photographs may have been enlarged to show detail.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Trademarks and Copyright
JACOB MERCARI, the Jacob Mercari logo, and related words and logos are used under licence. The names of other companies, products or services referred to on this Site may be the trademarks and trade names of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited. Display of the trademarks and trade names on this Site does not imply that we grant you a license to use any of the trademarks or trade names without prior written permission of the owner.
The material on this website, including but not limited to the written copy, blog posts, photographs, graphics or other materials on this Site, collectively the “Content”, are protected by copyright, as is the arrangement of the Content. We either own the Content of this Site or have acquired the appropriate licenses for the use of the Content. All contents of this Site is Copyright of Jacob Mercari Inc. or its licensors. All rights are reserved.
We retain the full unrestricted rights to all jewelry designs, whether custom or standard, and may choose to market or sell jewelry based on such designs.
We hereby grant you a limited, revocable, royalty-free, non-transferable and non-exclusive licence to access and read, and download or print one copy of Content from this website for your own use, but any copying or reproduction of these materials for commercial purposes without our permission is prohibited. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, nor remove any copyright or proprietary notices from the Content. The distribution, re-transmission, republication, modification, sale or other exploitation of this Site or its Contents without our permission is also prohibited. We and our licensors retain and reserve all right, title and interest in and to the Site and the Content.
Acceptable Use
This Site is for your personal and non-commercial use only. As a condition to using the Site, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably foreseen to have been intended by Jacob Mercari. As a condition of your use of the Site, you agree not to us the Site:
• in any way that is false, inaccurate or misleading;
• in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
• to collect and use product listings, descriptions or images;
• to abuse, harass, threaten, impersonate or intimidate any person, including any Jacob Mercari employee or representative;
• to cause annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
• for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you access the Site;
• to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
• to create or transmit unwanted ‘spam’ to any person or any URL;
• to violate or attempt to violate the security of the Site;
• to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• to interfere with or attempt to interfere with the proper working of the Site;
• use the Site to distribute viruses or malware or other similar harmful software code;
• represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
• to attempt to restrict another user from using or enjoying the Site or to encourage or facilitate violations of these Terms and Condition or the Privacy Policy; or in any other way that violates these Terms and Conditions.
Jacob Mercari in its sole discretion may take any action it deems necessary or appropriate in our sole discretion if we believe a user’s conduct violates this Acceptable Use provision, including terminating or suspending your access to our Site and taking any appropriate legal action.
Hyperlinks
The Site may contain hyperlinks or references to third party websites that are not owned or controlled by us. Any hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained therein. Any hyperlink is the sole responsibility of the owner or operator of the linked site. Your use of a third party website may be governed by its terms and conditions. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services.
Indemnity
You hereby expressly and irrevocably release and forever discharge Jacob Mercari, our affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site.
To the maximum extent permitted by applicable law, Jacob Mercari excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
Jacob Mercari will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
Under no circumstances will our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed one hundred Canadian dollars (CDN$100).
Notwithstanding any other provision of these Terms and Conditions, Jacob Mercari does not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
Disclaimers
Our Site is provided on an “AS IS”, “AS AVAILABLE” basis. We do not make any warranties or guarantees of any kind, whether express or implied, regarding the information on our Site, except as specifically indicated in these Terms and Conditions, and we specifically and expressly disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
We make no warranties, representation, and give no guarantees regarding the quality, reliability, timeliness, or security of the Site. We do not warrant or guarantee that our site will be uninterrupted or error-free.
Electronic Communications
When you visit the Site or send emails to Jacob Mercari, you are communicating with us electronically. You consent to receive communications from Jacob Mercari electronically. Jacob Mercari may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Jacob Mercari provides to you electronically satisfy any legal requirement that such communications be in writing.
Governing Law
Your use of this Site is governed by the laws of Ontario and any applicable federal laws of Canada and the courts of the Province of Ontario will have non-exclusive jurisdiction over any legal disputes relating to this Site.
General
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These Terms and Conditions (together with our Privacy Policy) contains the entire understanding and agreement between Jacob Mercari and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, Jacob Mercari will have no liability for any such representation being untrue or misleading.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms and Conditions to any other person.
These Terms and Conditions are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.
The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigÈ que la prÈsente convention et tous les documents connexes soient rÈdigÈs en anglais.
Contact Us
We sincerely value your visit to our Site. We welcome any questions or comments you might have about these Terms and Conditions or the Site. If you have any questions, please feel free to contact us at: info@jacobmercari.com.
