By using the Web Site in any manner, including but not limited to visiting or browsing the Web Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Web Site, including without limitation users who are customers, information and other materials or services on the Web Site.
Planet Silver is a Silver Jewelry Wholesaler
Planet Silver acts as a silver jewelry wholesaler to allow users who comply with Planet Silver's policies to buy silver jewelry within a fixed-price format. Planet Silver is directly involved in the transaction of buyers on the Web Site. As a result, Planet Silver has control over the quality of any aspect of the items listed and the accuracy of the listings.
Age: Planet Silver's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Planet Silver may, in its sole discretion, refuse to offer access to or use of the Web Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Planet Silver's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Planet Silver's policies as stated in the Agreement and the Planet Silver policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Web Site by Planet Silver, each of which is incorporated herein by reference and each of which may be updated by Planet Silver from time to time without notice to you:
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Planet Silver of any unauthorized use of your password or any breach of security. You also agree that Planet Silver cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Planet Silver without Planet Silver's express written permission.
- The DOs & DON'Ts of Planet Silver
- Copyright and Intellectual Property Policy
- Trademark Guidelines
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. You cannot change your email address and may use the contact form to request an email address change.
Users are allowed to have ONE customer account.
Account Transfer: You may not transfer or sell your Planet Silver account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. You can assign your account to your successor if you are keeping an account on the Web Site as a part of your job as a buyer, with prior notice to Planet Silver by sending an email to support[At]silver-jewelry-planet.com. Planet Silver will transfer your account officially to your successor.
Right to Refuse Service: Planet Silver's services are not available to temporarily or indefinitely suspended Planet Silver members. Planet Silver reserves the right, in Planet Silver's sole discretion, to cancel unconfirmed or inactive accounts. Planet Silver reserves the right to refuse service to anyone, for any reason, at any time.
Binding Sale: All sales are binding. Planet Silver will ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of Planet Silver (such as payment method), or (b) the buyer's identity cannot be authenticated. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Other Resources: Planet Silver is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Planet Silver does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Planet Silver shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Planet Silver, please contact Planet Silver.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Bangkok, Thailand, using the Thai language. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Thailand Federal Courts or state courts located in Bangkok. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Planet Silver agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with an outside party, you release Planet Silver (and Planet Silver's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Planet Silver's Intellectual Property
PLANET SILVER, and other Planet Silver graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Planet Silver, Bangkok, Thailand and/or other countries. Planet Silver's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
- Take any action that imposes, or may impose, in Planet Silver's sole discretion, an unreasonable or disproportionately large load on Planet Silver's infrastructure.
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Planet Silver's robot exclusion headers or other measures Planet Silver may use to prevent or restrict access to Planet Silver
Without limiting any other remedies, Planet Silver may, without notice, and without delay or immediately issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
PLANET SILVER, PLANET SILVER'S OFFICERS, DIRECTORS, EMPLOYEES, AND PLANET SILVER'S SUPPLIERS PROVIDE PLANET SILVER'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PLANET SILVER, PLANET SILVER'S OFFICERS, DIRECTORS, EMPLOYEES AND PLANET SILVER'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PLANET SILVER SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL PLANET SILVER, AND (AS APPLICABLE) PLANET SILVER'S OFFICERS, DIRECTORS, EMPLOYEES OR PLANET SILVER'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PLANET SILVER'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PLANET SILVER'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PLANET SILVER'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE OF GOODS YOU PAY TO PLANET SILVER IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $200. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PLANET SILVER AND (AS APPLICABLE) PLANET SILVER'S PARENT, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Planet Silver does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Planet Silver's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Planet Silver service and, if applicable, your purchase. In addition, you shall be responsible for paying any and all taxes applicable to any purchases of items you make on the Site (excluding any taxes on Planet Silver's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Planet Silver are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Planet Silver Service
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the City of Bangkok, excluding its conflicts of laws rules, and Thailand.
Sections 6 (Planet Silver's Intellectual Property), 7 (Access and Interference), 8 (Breach), 9 (Privacy), 10 (No Warranty), 11 (Liability Limit), 12 (Indemnity), 13 (No Guaranty), 15 (Severability), 16 (No Agency), 18 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Planet Silver; Attn: Customer Care - Planet Silver Ground Floor Pratunam Center, Room G-037, 555/6637 Radjaprarop Road, Bangkok 10400 Thailand(in the case of Planet Silver) or, in your case, to the email address you provide to Planet Silver (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Planet Silver may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Planet Silver. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Planet Silver's Copyright and Intellectual Property Policy.
The services hereunder are offered by Planet Silver, located at Level 1, ZoneA, Room 037 | The Palladium Shopping | 555/6637 Radjaprarop Road | Bangkok 10400 Thailand.
Effective Date: 11/05/2009