ZENITH, BRANCH OF LVMH SWISS MANUFACTURES SA

WEBSITE TERMS OF USE

These terms of use (Terms of Use), together with the documents referred to on them, tell you information about us and the terms upon which you may make use of our website http://www.bnatksa.com/en_us/ (Website). Use of our Website includes accessing, browsing or registering to use our Website.

Please read these Terms of Use carefully and make sure that you understand them before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of these Terms of Use for future reference.

By using our Website, you confirm that you accept these Terms of Use and that you will comply with them. If you do not agree to these Terms of Use, you must not use our Website.

Responsible Jewelry Council (RJC)

Zenith is a member of the Responsible Jewellery Council (RJC), an organization of more than 260 professionals around the world committed to the promotion of ethics, human and social rights and environmental practices throughout the gold and diamond product chain, from the mines to retail. The Council has developed the RJC System, a certification system which applies to all Members’ businesses that contribute to the diamond and gold jewelry supply chain. Under the RJC system, all Commercial Members of the RJC are required to be audited by accredited, third party auditors to verify their conformance with the RJC’s Code of Practices, and become certified under the RJC System.

1. OTHER APPLICABLE TERMS

These Terms of Use refer to our Privacy Policy which also applies to your use of our Website and is hereby incorporated by reference. Our Privacy Policy sets out information about how we use your personal data. If you purchase products from our Website, our Terms and Conditions of Supply of Products will apply to the sale of the products to you. Please take the time to read them, as they include important terms which may apply to you.

2. INFORMATION ABOUT US

This Website is operated by Zenith, Branch of LVMH Swiss Manufactures SA (sometimes referred to as Zenith, us or we), registered in the Neuchatel, Switzerland, Register of Commerce and Companies under the number CHE-433.384.643, with headquarters at Billodes 34, 2400 Le Locle, Switzerland.

3. OUR RIGHT TO VARY THESE TERMS OF USE

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to ensure you are aware of any changes we have made, as they are binding on you. Your continued use of the Website after any such changes are posted will be considered acceptance of such changes.? Notwithstanding the foregoing, notice of any changes may be by email to you at the last email address you provided us or by other means, consistent with applicable law.

4. CHANGES TO OUR WEBSITE

4.1.?We may update our Website from time to time, and may change the content at any time. However, please note that content on our Website may be out of date and we are under no obligation to update it.

4.2. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

5. ACCESSING OUR WEBSITE

5.1 Our Website is made available free of charge.

5.2 ?We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

5.3?You are responsible for making all arrangements necessary for you to have access to our Website.?

5.4?You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.?

5.5? You may only place orders for products if you have reached the age of majority or legal age in your jurisdiction and only by those individuals who can form legally binding contracts under applicable law.?

6. YOUR ACCOUNT AND PASSWORD

6.1 You may register for an account on our Website. If, in registering for an account, we provide you with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or for any other purpose or reason, without notice or liability to you.

6.3?If you know or suspect that anyone other than you knows your user identification code or password, please promptly contact us at http://www.bnatksa.com/en_us/contact

6.4 We may use information which you have provided to us to contact you about products or services which we feel may be of interest to you, subject to your rights under applicable law. Please see our Privacy Policy for further information, as available here.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Zenith and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“content”), as well as the look and feel and the design of the Website and the organization of the content on the Website, including but not limited to any copyrights, trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any content on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Subject to these Terms of Use, Zenith grants you a limited, revocable, non-sublicensable and non-transferable license to use the Website and the materials contained thereon only for your personal, domestic and private use.

7.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use only and you may draw the attention of others within your organization to content posted on our Website.?

7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4 You must not use any part of the content on our Website for commercial purposes without obtaining a specific license to do so from us or our licensors.

7.5?If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

?8. TRADEMARKS

8.1 “ZENITH” and the Zenith logo are Swiss registered trademarks of?LVMH Swiss Manufactures SA. More generally, the trademarks, logos, service marks and trade names (individually, a “trademark” and collectively, the "trademarks") displayed on the Website or on content available through the Website are registered and unregistered trademarks of Zenith and others and may not be used unless authorized by the trademark owner.

8.2 All trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without our written permission or that of the third party trademark owner. Your misuse of the trademarks displayed on the Website is strictly prohibited

9. PROHIBITED CUSTOMER ACTIVITY

9.1 Unless expressly permitted in these Terms of Use or with our written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the contents of this Website. You agree not to use our Website for any commercial or business purposes. ?

9.2 You shall not: (i) engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.

9.3 You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

10. YOUR COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1 We welcome your suggestions, feedback, ideas and other submissions (“submitted materials”) about the Website, its content, and our products. However, by submitting or sending submitted materials to us, you: (i) represent and warrant that the submitted materials are original to you, that no other party has any rights thereto, and that any "moral rights" in submitted materials have been waived, and (ii) you grant us and our affiliates a royalty-free, fully-paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

10.2 We cannot be responsible for maintaining any submitted materials that you provide to us, and we may delete or destroy any such submitted materials at any time. Any submitted materials will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Website’s Privacy Policy.

11. NO RELIANCE

11.1?The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

11.2?Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We also try to accurately display the colors of the products you see on the Website. However, we cannot guarantee that the colors you see on your monitor will be accurate.

12. INDEMNIFICATION

You agree to defend, indemnify and hold LVMH Swiss Manufactures SA, its affiliates, and its and their directors, officers, employees and agents (collectively, the LVMH Entities) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms of Use, excluding the gross negligence or willful misconduct of the LVMH Entities. The LVMH Entities reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LVMH Entities’ defense of such claim. This indemnification obligation shall survive termination or expiration of these Terms of Use and your purchase of any products.

13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

13.1?TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWS, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” EXCLUDING ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13.2?Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited by Swiss or New Jersey law or other applicable laws.

13.3?WE WILL NOT BE LIABLE TO YOU AND/OR ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE AND HOWSOEVER ARISING, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: THE USE OF, OR INABILITY TO USE, OUR WEBSITE; AND/OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.? ?

13.4?PLEASE NOTE THAT IN PARTICULAR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY OF OUR AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, USE OF THE WEBSITE EVEN IF FORESEEABLE.?

13.5?TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO US FOR the PURCHASE OF PRODUCTS via the website WHICH product(s) IS THE SUBJECT OF THE CLAIM.?

THIS SECTION AND SECTIONS 12.3 and 12.4 SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE EVENT THAT WE ENGAGED IN GROSS NEGLIGENCE, fraud, WILLFUL OR RECKLESS MISCONDUCT, OR WHERE such SECTION(s) VIOLATE A CLEARLY ESTABLISHED RIGHT OF A CONSUMER UNDER NEW JERSEY LAW.? FURTHER WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR:

(A)?????? FRAUD OR FRAUDULENT MISREPRESENTATION; OR

(B)?????? ANY MATTER WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

13.6?Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services by us to you, which will be set out in our Terms and Conditions of Supply of Products.

14. PROHIBITION ON UPLOADING CONTENT TO OUR WEBSITE

14.1?You may not upload content to our Website or make contact with other users of our Website. If you upload content to our Website or contact another user of our Website in contravention of these Terms of Use:

14.1.1 ?we will immediately remove any posting you make on our Website (if relevant); and

14.1.2 ?we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website.?? ??? ?

14.2?If you upload content to our Website or contact another user of our Website, we may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their legal rights (including, without limitation, intellectual property rights, or their right to privacy).

15. LINKING TO OUR WEBSITE

Our Website must not be framed on any other Website. If you wish to make any use of content on our Website you must obtain our prior written consent. Please contact us through?http://www.bnatksa.com/en_us/contact

16. VIRUSES

16.1?We do not guarantee that our Website will be secure or free from bugs or viruses.

16.2?You are responsible for configuring your information technology, computer programs and platform in order to access our Website. Please ensure that you use virus protection software.

16.3?You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.?

16.4?You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

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17. THIRD PARTY WEBSITE LINKS

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only and shall not be construed in any way as an endorsement by us of the linked website or resources. Please note these websites have their own privacy policies and terms of use, which you should read prior to accessing the third party websites. We have no responsibility for the content of those websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.?

18. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the parties' intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect.

19. APPLICABLE LAW

These Terms of Use are governed by and shall be interpreted pursuant to the laws of the State of New York without regard to any conflict of law provision.

20. VENUE AND JURISDICTION

You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use exclusively in the Federal or State Courts located in New York County, New York and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these Terms of Use.?

Last Modified:? 02.07.2020

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