Thank you for visiting this Web site (the "Site"), which is provided by Harry Winston, Inc. and its affiliated companies.
By using the Site, you agree to be bound by our Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.
Each time you use this Site whether you read these Terms and Conditions or not, you will be deemed to have agreed to these Terms and Conditions.
We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. You are bound by any such revisions and, therefore, you should visit this page periodically to review the current Terms and Conditions. For your convenience, the date of the last update to the Terms and Conditions appears at the bottom of this document.
You agree not to or not to attempt to circumvent any of the security features of the Site. You agree not to enable or allow others to access the Site using your authorization to the Site.
Ownership of Content and Trademarks
Our Site provides information about our company and the products and services we offer. The Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, design, video clips, audio clips, written and other materials (collectively, the "Content") is owned and copyrighted by us or licensed to us by third parties. The trademarks and design of others that are referenced in this Site are used for identification and usage purposes. Except as provided in these Terms and Conditions or as otherwise authorized by Harry Winston, your use of any Content or trademarks and design is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks and/or design displayed on this Site without our prior written permission.
All of the information and Content contained on the Site is confidential. You agree to maintain the information in confidence and agree not to disclose any of the information to others except as expressly permitted by Harry Winston, Inc.
Limited Right to Use This Site
You may access the Content solely for your Harry Winston pre-approved commercial use, provided that you do not modify, delete or change any copyright, design, trademark, or other proprietary notices on or relating to the Content. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, publicly perform, report or otherwise use Content without Harry Winston’s prior written permission. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the internet or any other local or international computer system.
To a limited extent you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit an infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.
You are prohibited from using the Site to advertise or perform any commercial solicitation.
If you violate any of these terms, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.
Some products that we describe may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings.
Disclaimer of Warranties THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS-IS," "WHERE-IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELESSNESS. NOTWITHSTANDING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR FREE FROM VIRUSES OR OTHER POSSIBLE HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of Liability YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HARRY WINSTON NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OR AGENTS (THE "HARRY WINSTON GROUP") ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA. YOU AGREE THAT NONE OF THE HARRY WINSTON GROUP SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Third Party Content
This Site may offer you links to other web sites that are owned or operated by third parties that are not related to us. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control, and is not responsible for, the content or privacy practices of such sites. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.
We may terminate your use of the Site and the Content for any reason, in our sole discretion, with or without notice to you. You agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions shall survive any such termination.
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.
We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflict of law provisions. You agree that the state and federal courts of Switzerland shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site, these Terms and Conditions, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts.
Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.
How We Collect and Use Information
You provide information that personally identifies you when you register with the Site, send us an email, and use this Site. For example, we collect your name, address, telephone number, email address to complete your registration. When we collect your information, we will identify any information you must provide (such as your name, address, e-mail address, and telephone number).
The web server also automatically gathers and analyzes information that does personally identify you, such as information that allows the Site to communicate with your computer during your visit, your IP address, your web browser and operating system, how you came to the Site, the number of your visits to the Site, and the parts of the Site you select. This anonymous information is used for statistical purposes to help improve and administer the Site and for market analysis.
You may block cookies by changing the settings on your Internet browser. However, if you block cookies, you may limit our ability to offer you certain services or features. You can also remove cookies by deleting them from the Temporary Internet Files folder or the cookies folder on your computer.
You may send product information to a third party using the "Send" feature on the Site. You must provide the third party email address to send a link to the file. Their email address is used only for this purpose.
How We Disclose Information
In our sole discretion, we may disclose your name, address, telephone number, email address, so we may:
1. Comply with any law, regulation, court order, legal process, subpoena, or government request;
2. Investigate or prevent any potentially fraudulent or illegal activity;
3. Protect the safety, property, or rights of Harry Winston, Inc. and its affiliated companies (collectively "HW"), the Site, our users (or others); or
4. Enforce our Terms and Conditions and other agreements.
Your Privacy Choices
You may choose not to give us your information, but you will not be able to use the Site. You will be given the opportunity to choose whether your personally identifiable information is to be used for a purpose that is different from the purpose originally intended or authorized.
Protection of Information
We take technical and administrative measures to protect your information from loss, misuse, unauthorized access, disclosure, and alteration. For example, we encrypt your passwords when you transmit them to us. However, we will treat any communication or material you transmit to the Site by electronic mail or otherwise that is not personally identifiable information as non-confidential and non-proprietary. Such communications or materials include, without limitation, questions or answers, comments, feedback, and suggestions.
As we continue to develop our business, we may sell web sites, companies, or other assets. We may disclose or transfer your information, including personally identifiable information, in connection with a proposed or actual merger, sale or acquisition of HW or any of its assets, or in connection with a insolvency, receivership, or bankruptcy proceeding.
Links to Third Party Websites
Updating your Personal Information
The data file owner is Harry Winston SA, Chemin du Tourbillon, 8, 1228 Plan-Les-Ouates, Geneva, Switzerland.
Each user of the Site has the right to consult his or her file by asking contacting us using the following email address: email@example.com.
You may also cancel, change or update your personal information by contacting our administrators at firstname.lastname@example.org