These Terms of Service govern your (“You”, “you”, “Your”, and “your”) rights and obligations, as users of the portals managed by HASHTAG COMMUNICATIONS INC. c/o/b as DISCOUNT DIAMOND STORE (“DISCOUNT DIAMOND STORE”). Unless otherwise provided by DISCOUNT DIAMOND STORE, all new portals introduced and managed by DISCOUNT DIAMOND STORE shall be governed by these Terms of Service.
By accessing any of the Portals and/or buying any Items, you acknowledge and accept that your usage of the Portals (or any of them) and purchase of the Items shall be governed by these Terms of Service and any other specific rules, procedures, and terms of services as determined by DISCOUNT DIAMOND STORE at any time or from time to time at its absolute discretion.
The process to buy BIGO Diamonds from DISCOUNT DIAMOND STORE is as follows:
In these Terms of Service, the following words and expression shall have the following meanings unless the context otherwise requires or as otherwise indicated in these Terms of Service:
Licence to Use
In consideration of you agreeing to these Terms of Service and your continuing observance and compliance of these Terms of Service, DISCOUNT DIAMOND STORE hereby grants you a non-exclusive, non-transferable licence to access the Portals and use the Services upon the terms and subject to the conditions stated herein.
Representations and Warranties
Each time you access the Portals (or any of them), you irrevocably and unconditionally represent and warrant that:
Use of Services
You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Portals and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Portals (or any of them).
It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that DISCOUNT DIAMOND STORE may issue from time to time. DISCOUNT DIAMOND STORE shall not be liable for any errors, losses or damages caused by your use of the Services.
It is your responsibility to secure the information of your Account. Any notification or confirmation received by DISCOUNT DIAMOND STORE shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
DISCOUNT DIAMOND STORE shall not be liable for acting on the notification or confirmation sent through your email. DISCOUNT DIAMOND STORE shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by DISCOUNT DIAMOND STORE notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify DISCOUNT DIAMOND STORE upon receipt of incomplete, garbled or inaccurate data or information from DISCOUNT DIAMOND STORE. You shall also immediately notify DISCOUNT DIAMOND STORE upon receipt of any data or information which is not intended for you and you shall delete such data or information.
You acknowledge and agree that DISCOUNT DIAMOND STORE may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
Unless otherwise permitted by DISCOUNT DIAMOND STORE in writing, you shall not upload, post, email, transmit or otherwise make available any unauthorized or illegal activities on the Portals or directly to other users of the Portals.
You shall not upload, post, email, transmit or in any other manner whatsoever make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, including, without limitation, the Portals.
You irrevocably and unconditionally allow and permit DISCOUNT DIAMOND STORE to send to your email updates on services and events offered or provided by DISCOUNT DIAMOND STORE.
You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by DISCOUNT DIAMOND STORE at its absolute discretion.
DISCOUNT DIAMOND STORE shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
DISCOUNT DIAMOND STORE shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your Items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
The tax(es) collected on purchases of items sold by DISCOUNT DIAMOND STORE depends on many factors, including the destination of the shipment and the type of item purchased. For taxable purchases, the following tax rates apply based on the province or territory to where the goods are shipped. For digital purchases, it will be the province or territory of the billing or business address, and/or the country of residence to which a device is set:
Generally, tax is calculated on the total selling price of each individual item. Many factors can change between the time you place an order and the time your order is shipped, which could affect the calculation of taxes. Therefore, the amount appearing on your order as “Estimated Tax” can differ from the taxes ultimately calculated when your order ships. In accordance with applicable tax laws, the total selling price of an item generally will include item-level shipping and handling charges, item-level discounts, gift-wrap charges, and an allocation of order-level shipping and handling charges and order-level discounts.
Goods sent to addresses outside Canada are not subject to Canadian GST/HST, or PST/RST/QST, but they can be subject to local taxes and customs charges.
All sales are final. There are no returns whatsoever.
Availability of Services
The Services are usually available on a daily basis unless otherwise specified herein.
There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of DISCOUNT DIAMOND STORE.
DISCOUNT DIAMOND STORE makes no warranty that the Services will be available at the times stated herein.
Unless otherwise provided in these Terms of Service, DISCOUNT DIAMOND STORE shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
Notwithstanding any provisions to the contrary in these Terms of Service, DISCOUNT DIAMOND STORE shall be entitled to: immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or impose conditions or restrictions on your use of the Service without notice.
Limitation on Liability
You agree and confirm that you shall not hold DISCOUNT DIAMOND STORE, its employees, agents or licensees, liable for any special, incidental, consequential or other form of damages arising out of and in relation to the Services or these Terms of Service, including but not limited to BIGO no longer accepting the Items or the value of the Items changing. You hereby expressly disclaim all warranties, express or implied, regarding the Items, including any implied warranty of merchantability, value, use or fitness for a particular purpose.
DISCOUNT DIAMOND STORE DOES NOT WARRANT THAT THE ITEMS WILL MEET YOUR REQUIREMENTS OR THAT THE ITEMS WILL FUNCTION UNINTERRUPTED, ERROR FREE OR AT ALL, OR THAT ALL DEFECTS IN THE ITEMS WILL BE CORRECTED. IN NO EVENT SHALL DISCOUNT DIAMOND STORE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE ITEMS, INCLUDING WITHOUT LIMITATION ANY LOSSES EVEN IF DISCOUNT DIAMOND STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You hereby indemnify and hold harmless DISCOUNT DIAMOND STORE and BIGO (and their respective licensees and assigns, and the directors, officers, and agents of the foregoing) from and against any claim, loss, liability, judgment, cost or expense, including reasonable lawyer’s fees, suffered or incurred as a result of or by reason of any breach by you of your obligations, representations or warranties under this Terms of Service, including but not limited to any fraudulent activity related to the purchase of the Items. DISCOUNT DIAMOND STORE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall consult with DISCOUNT DIAMOND STORE upon DISCOUNT DIAMOND STORE’S request with respect to claims. Notwithstanding the foregoing, DISCOUNT DIAMOND STORE’S decisions regarding any proposed settlements shall be final, and shall not abrogate or diminish Your obligation to indemnify DISCOUNT DIAMOND STORE and BIGO as set forth herein.
All Services offered on the Portals are offered by DISCOUNT DIAMOND STORE, not BIGO.
Reliability of Portals
You are aware that all transactions conducted on the Portals are through telecommunication and data networks. You are fully aware that your receipt of the notification from DISCOUNT DIAMOND STORE may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that DISCOUNT DIAMOND STORE cannot guarantee the prompt delivery of such notification or confirmation.
You shall immediately notify DISCOUNT DIAMOND STORE if you are aware or believe your Account has been hacked or compromised. You shall be liable for all transactions conducted by You and/or through your Account. You shall follow all of BIGO’s rules regarding your Account and otherwise.
Disclosure of Information
DISCOUNT DIAMOND STORE shall be entitled and you irrevocably and unconditionally consent and authorize DISCOUNT DIAMOND STORE to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Portals to such extent that DISCOUNT DIAMOND STORE may at its absolute discretion deem fit to:
DISCOUNT DIAMOND STORE will not disclose your personal information to any other party without prior notification to you.
Applicable Laws and Regulations
Your use of the Services shall be governed by Canadian law. BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST DISCOUNT DIAMOND STORE, BIGO OR ANY OTHER PARTY RELATED TO THESE TERMS OF SERVICE. Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.
Suspension, Termination, and Cancellation of Services
The Services (or any part thereof) may be cancelled by DISCOUNT DIAMOND STORE at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such Terms of Service as DISCOUNT DIAMOND STORE may at its absolute discretion determine.
DISCOUNT DIAMOND STORE reserves the right at all times to suspend or block access to and use of the Services (or any part thereof) for any reason whatsoever and for any duration of time and upon any conditions that DISCOUNT DIAMOND STORE may at its absolute discretion determine.
Upon cancellation or termination of the Services (or any part thereof):
Suspension of your access to the Services and Items is in addition to and not in lieu of any rights and remedies available to DISCOUNT DIAMOND STORE under these Terms of Service or any applicable law.
FOR GREATER CERTAINTY, ANY INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY UNDER THE TERMS OF SERVICE REMAIN IN EFFECT FOLLOWING ANY CANCELLATION, TERMINATION, RESTRICTION OR SUSPENSION OF YOUR ACCESS TO THE SERVICES OR ITEMS. THIS AGREEMENT WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ITS TERMS OF SERVICES. IN SUCH EVENT, YOU MUST CEASE AND DESIST FROM ACCESSING ANY ITEMS.
All notices and documents required to be given by you under these Terms of Service to DISCOUNT DIAMOND STORE shall be sent to email@example.com or any manner of notification as DISCOUNT DIAMOND STORE may at its absolute discretion determine. Any notice or document or communication given by DISCOUNT DIAMOND STORE to you shall be deemed to be served and received by you on the day following the sending of such notice or document.
Waiver and Severance
Any failure by DISCOUNT DIAMOND STORE to enforce at any time or for any period any one or more of these Terms of Service shall not be a waiver of them or of the right at any time subsequently to enforce these Terms of Service. In the event that any provisions of these Terms of Service is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable DISCOUNT DIAMOND STORE shall amend that provision in such reasonable manner as would achieve the intention of DISCOUNT DIAMOND STORE or at the discretion of DISCOUNT DIAMOND STORE it may be severed from these Terms of Service and the remaining provisions remain in full force and effect.
These Terms of Service may be modified, added to, deleted or varied by DISCOUNT DIAMOND STORE by way of posting on the Portals or in any such other manner as DISCOUNT DIAMOND STORE may in its absolute discretion determine including amending the link on DISCOUNT DIAMOND STORE’S web site. You agree that continued use of the Services shall constitute your acceptance of these Terms of Service (as modified and varied from time to time).
You may not assign rights under these Terms of Service without the prior written consent of DISCOUNT DIAMOND STORE.
These Terms of Service shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) you.
DISCOUNT DIAMOND STORE reserves the right to investigate you if DISCOUNT DIAMOND STORE suspects you have violated these Terms of Service and/or any applicable laws. DISCOUNT DIAMOND STORE may seek to gather information from you or about your use of the Items in furtherance of this purpose. If DISCOUNT DIAMOND STORE believes, in its sole discretion, that a violation of these Terms of Service and/or any applicable laws has occurred, DISCOUNT DIAMOND STORE may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.
BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS DISCOUNT DIAMOND STORE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DISCOUNT DIAMOND STORE IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY DISCOUNT DIAMOND STORE.
Violation of these Terms of Service may result in irreparable damage to DISCOUNT DIAMOND STORE. DISCOUNT DIAMOND STORE shall be entitled, without bond, other security or proof of damages to equitable remedies (such as injunctive relief) with respect to your breach of any of these Terms of Service. This is no way limits DISCOUNT DIAMOND STORE’S rights to claim additional available remedies.
You agree to execute such further instruments and to take such further action as may reasonably, in DISCOUNT DIAMOND STORE discretion, be necessary to carry out the intent of these Terms of Service.
You shall abide by all regulations and policies of BIGO;
Information that you give us: We receive and store any information you enter on our Portals or that you give us in any other way. You can choose not to provide certain information, but this will limit your ability to purchase Items.
When you place an order with us, your contact information is used to communicate related information, and requests for more information to facilitate processing your order. You may opt-out of these communications by cancelling your order.
We obtain information about you when you search, buy, participate in a contest or questionnaire, or otherwise contact us or post information on our Portals. For example, you provide information when you search for a product; or place an order through a Portal; communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form; or create any alerts or other email notification services we may offer now or in the future. The information collected typically includes your name, address, and phone numbers; credit card information; people to whom purchases have been delivered, including addresses and phone number; content of reviews you may provide; emails to us; and any other personal information that you provide to us or post on the Portals.
The information we receive or can determine from your interaction with our Portals includes your Internet (IP) address; email address; web browser type and version; preferred language; geographic location using IP address or the GPS, wireless, or Bluetooth technology on your device; operating system and computer platform; purchase history, which we may aggregate with similar information from other guests or keep in non-aggregated form; the full Uniform Resource Locator (URL) clickstream to, through, and from our Portals, including date and time; one or more unique identifiers; products you viewed or searched for; areas of our Portals you visited; and the phone number you used to call our toll-free number. We also may log the duration of time of your visit and the number of times you visit and purchase from us. We assign you one or more unique identifiers to help keep track of your future visits.
Mobile location services: Certain Portals may also collect and use location information from mobile devices. Location information allows us to learn more about how guests use our Portals to enhance the guest experience and, in certain circumstances, deliver push notifications and other content to your mobile device when you are near, enter and move through our stores, and send or provide you with offers and promotional information that we believe may be of interest to you. You may prevent or limit collection of location information by turning off your mobile device or antennas, such as WiFi or Bluetooth, and opting out of location services on your device.
Updated to March 19, 2022