Diva Online 2014 LTD Website Terms of Use and Conditions

 

Effective Date of Current Policy: May, 1st 2014

 

Diva Online 2014 LTD ("Diva", "we," or "us") operates the website located at www.divaswim.com (the "Site" or "Website"). The use of the Site is subject to the following terms and conditions (the "Terms of Use"). Please read these Terms of Use carefully. By using this Site, you agree to these Terms of Use as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms of Use, please contact us at support@divaswim.com . 

 

Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.

 

Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

Copyright

Images of people, places and/or products posted on this Site are either the property of Diva, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Diva or its partners or affiliates and is protected by Local  and international copyright laws. The compilation of this Site is the exclusive property of Diva and is protected by local and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at support@divaswim.com

 

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Diva, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Diva, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

 

Limited License and Site Access

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

 

Personal Data, Accounts, Forms, Registrations and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any order, inquiry, quote request, or other request for information. Diva is not responsible for any errors or delays in delivering orders or in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Diva.

 

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Diva immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Diva, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Diva cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

 

Content You May Submit to Diva

From time to time Diva may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Diva welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Diva must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Diva will become, upon your submission, the sole and exclusive property of Diva and Diva shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Diva has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Diva. By submitting any materials of any kind to Diva, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Diva does not and will not violate or infringe the rights of any third-parties.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself , your children or any other person. Diva does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Diva. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Diva or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Diva is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

 

You agree to fully indemnify Diva, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.

 

Monitoring

Diva has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Diva has no obligation to display or post any content. Diva, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Diva shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Diva or any other party.

 

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of websites accessible from this Site, or websites linking to this Site.

  

 Eligibility to use and to purchase from the website

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

To be eligible to purchase products on the Site (the "Goods") and lawfully enter into and form contracts with us, you must:

  1. Be 18 years of age or over subject to clause 4 below
  2. Be legally capable of entering into a binding contract
  3. Provide full details of a delivery address
  4. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

 

Price

The prices of the Goods are quoted on the Website.

Prices quoted for delivery are in GBP, Euro or USD depending on the location of the website you are using. To ensure that that the most accurate delivery costs are displayed, click on the link at the top of the website and select your country from the list of shipping destinations.

Unless otherwise stated, prices are quoted excluding sales tax and/or VAT and/or shipping costs.

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as but without limitation to, any foreign exchange fluctuation, significant increase in the costs of labor, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

 

Incorrectly priced or described goods

Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those goods to you

If we discover the error before sending you a Shipping Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund.

Product images on the Site are for illustrative purposes only.

 

Payment

 Payment can be made by any major credit or debit card or through an electronic payment account as explained on our order form.

 By placing an order, you consent to payment being charged to your debit/credit card account or by electronic payment account as provided on the order form.

 Payment will be debited and cleared from your account before the dispatch of the Goods to you.

 When you pay for your order by card, we carry out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

 By accepting these conditions you:

               

  1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
  2. Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
  3. Authorize us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorization from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.

We shall contact you should any problems occur with the authorization of your card.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Website.

 

 Order process and formation of a contract

 All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

 Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.

 A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

 

Shipping and Returns

We have adopted a Shipping, Return and Exchange Policy that you should refer to on this website.

 

DISCLAIMER

All content contained on the Site, including text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Diva disclaims all representations and warranties, express or implied, with respect to such content, whether provided or owned by Diva or by any third party, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Diva does not represent or warrant that the content accessible via the Site is accurate, complete, or current, and you may not rely on the content accessible via the Site.


LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Diva, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies with regard to the content contained on the Site;(ii) any unauthorized access to or use of the Site or Diva's secure servers and/or any and all personal information and/or financial information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses or the like that may be transmitted to or through the Site by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the content contained on the Site, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not Diva was advised of the possibility of such damages.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Diva, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (1) your use of the Site, including without limitation, any content submitted or transmitted by you via the Site; (2) any use of any password chosen by or issued to you; or (3) any violation by you of: (a) these terms of use; (b) Diva's privacy policy; (c) any other terms, guidelines or rules applicable to the Site; (d) any rights of any other person or entity; or (e) any applicable laws, rules, or regulations.


Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.

 

Governing Law

These Terms of Use and the relationship between you and Diva shall be governed by the laws of the state of Israel (excluding any conflict of law rules) as if you signed these Terms of Use in Israel. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the court of Israel for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms of Use.

 

We Reserve the Right to Update and Revise these Terms of Use at Any Time

From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.


Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Entire Agreement

These Terms of Use constitute the entire agreement between the user and Diva with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.