TERMS AND CONDITIONS
INTRODUCTION
FRIDA ("us", "we", or "our") operates the FRIDA.CA website and other digital platforms (collectively referred to herein as “Platform”) with Terms and Conditions (“Terms” or “Terms and Conditions”) contained on this page. These Terms apply in full force and effect to your use of the Platform. By using the Platform, you expressly accept all Terms and Conditions contained herein in full. You should not use the Platform, if you have any objection to any of these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
In general, all trademarks, logos and service marks that appear on the Platform are registered, unregistered or otherwise protected FRIDA trademarks or are licensed for use by third-parties. The FRIDA logo, tagline “Luxury Beyond Brand” and collection names STRATA and SHIELD are trademarks of FRIDA; therefore, they must not be used, copied or reproduced in any way, without the express written consent of FRIDA.
Other than content you own, which you may have opted to include on the Platform, under these Terms, we own all rights to the intellectual property, material and designs contained on the Platform, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on the Platform.
RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
Selling, sublicensing and/or otherwise commercializing any Platform material;
Using the Platform in any way that is, or may be, damaging to the Platform;
Using the Platform in any way that impacts user access to the Platform;
Using the Platform contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Platform, or to any person or business entity;
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform, or while using the Platform;
Using the Platform to engage in any advertising or marketing.
Certain areas of the Platform are restricted from access by you and we may further restrict access by you to any areas of the Platform, at any time, in its sole and absolute discretion. Any user ID and password you may have for the Platform are confidential and you must maintain confidentiality of such information.
YOUR CONTENT
This section concerns communications sent to us. It does not concern the communication of personal information to us in relation to customer enquiries, the use of services or the purchase of pieces. The latter is governed by the rules stipulated in the Privacy Policy.
“Your Content” shall mean any unsolicited communication or material that you transmit to us via the Platform or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by us. With respect to Your Content, by displaying it, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. We reserve the right to remove any of Your Content from the Platform at any time, and for any reason, without notice.
HOSTING SERVICES
Hosting Services for our Platform is provided by ©Squarespace.
PRODUCT INFORMATION
Jewellery pieces are individually handmade with great care and detail, using the finest quality of materials. As most pieces purchased via the Platform are made-to-order, you may find slight variations in appearance, total gram weight and carat weight, due to handcraftsmanship, handset diamonds and gemstones, and natural variation in diamonds and gemstones. Prices listed on FRIDA.CA are in Canadian dollars.
Prices are an approximation and are subject to change, due to fluctuations in market prices for metals and stones, and exchange rates. In addition, we reserve the right to change or discontinue products or services without notice, at any time. In the event where corrections or changes need to be made to your order, we will notify you as soon as possible, and we will only complete the order upon your approval.
COLOUR REPRESENTATION
We have made every effort to accurately display the colours of our pieces that appear on the Platform. However, as the actual colours you see will depend on your screen, we cannot guarantee that your screen's display of colour will be accurate.
DISCLAIMER OF WARRANTIES
The Platform is provided on an "as is" and "as available" basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that that we do not represent or warrant that the functions contained in the Platform will be uninterrupted or error-free, that the defects will be corrected, or that the Platform or the server that makes the Platform available are free of viruses or other harmful components. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Additionally, nothing contained on the Platform shall be construed as providing consult or advice to you.
As a client, your FRIDA jewel is warranted under the terms and conditions of our Two-Year Limited Warranty. This warranty is honoured worldwide and covers manufacturing defects. This warranty is not valid in the case of loss, theft, improper use, damage, negligence, or manipulation and repair attempts by unauthorized persons. For further details, please consult the terms and conditions of our WARRANTY.
LIMITATION OF LIABILITY
In no event shall we, nor any of our officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Platform, whether such liability is under contract, tort or otherwise, and we, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Platform.
INDEMNIFICATION
You hereby indemnify to the fullest extent us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
We are permitted to revise these Terms at any time as it sees fit, and by using the Platform you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Platform.
ASSIGNMENT
We shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on the Platform, constitute the entire agreement between us and you in relation to your use of the Platform, and supersede all prior agreements and understandings with respect to the same.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the Province of Nova Scotia, and you submit to the non-exclusive jurisdiction of the Province of Nova Scotia and federal courts located in Canada for the resolution of any disputes.
Please direct enquiries to FRIDA’s Canadian business address at Bishop’s Landing 6A, 1477 Lower Water Street, Halifax, Nova Scotia, Canada, B3J 3Z4, or by contacting us via email at customercare@frida.ca.