Terms of Use

1. Introduction

Welcome to the terms and conditions for Capilano Rock and Gem.

These terms and conditions explain your rights and obligations. Please read them carefully as your continued use of this website indicates that you accept these terms and conditions. Please contact us with any enquiries, comments, or complaints.

1.1. Definitions

Our Campaigns, Press and About us websites are operated by Consumers’ Association trading as Capilano Rock and Gem. All other Capilano Rock and Gem websites are operated by Capilano Rock and Gem, and they are part of a larger range of products and services that we offer. The terms “Capilano Rock and Gem”, “we”, “us”, or “our”, refer to the operator of the website you’re in.

1.2. Complete agreement and privacy

The Capilano Rock and Gem privacy policy forms part of these terms and conditions, and together they contain all of the terms relating to the use of our websites.

1.3. Variation of terms and conditions

We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted on our websites.

2. Purchasing and ordering

To order goods or services from us you must be over 18. For further information relating to either the purchase of products or subscribing to Capilano Rock and Gem, please read the relevant sections that follow these general terms and conditions.

3. Materials in site and software rights

3.1. All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our websites (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our websites) will be and remain the sole property of us and our licensors.

3.2. You may view, use, download, and store the material on this website for personal and research use only. Commercial use is not permitted. Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited.

3.3. Unauthorised use of our subscription website (Capilano Rock and Gem) may give rise to a claim for damages and/or be a criminal offence.

3.4. The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.

4. Copyright

4.1 All of the Capilano Rock and Gem content provided by us (including any computer software and such content in any member forums) is protected by Canadian and International copyright laws and that copyright is owned or controlled by Capilano Rock and Gem. Unless otherwise stated, we reserve all rights in that copyright. This means, for example, that you may not copy, issue copies to the public, perform, show, broadcast or make any adaptation of any of that content without our permission.

4.2 Much of the content to which you will have access on the Internet is protected by copyright laws and by other laws relating, for example, to trade marks. These laws are designed to protect the suppliers of that content and you should be aware that you may breach those rights if you use that content in a way which contravenes any restrictions imposed by those suppliers. You take full responsibility if you do breach those rights.

5. Our liability

5.1. Users of these websites are responsible for any decisions they take based on information provided on the sites. We do not accept liability (as far as permitted) for any loss arising from using or relying on information or links included in these sites.

5.2. Arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.

5.3. You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our websites.

5.4. Except as set out in clause 5.5, we shall not be liable to you in connection with this Agreement for losses that are not a reasonably foreseeable consequence of our actions. If you are using our websites for commercial purposes, Capilano Rock and Gem shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this Agreement.

5.5. These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for any matter which it would be illegal for Capilano Rock and Gem to attempt to exclude its liability and do not affect your statutory rights.

5.6. Our websites may contain links to other sites, which are outside our control and are not covered by these terms and conditions.

5.7. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you.

5.8. Capilano Rock and Gem tries to meet AAA standards of accessibility, but cannot guarantee that this website will be compatible with all hardware and software that may be used by visitors to the site.

5.9. As we rely on you to provide us with up to date and accurate contact details, we shall not be liable to you for any loss or claim arising from your failure to provide us with accurate and/or up to date contact details.

6. Your liability

You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our websites.

7. Acceptance of these terms

This Agreement is deemed to be made in Canada and is subject to Canadian law and the exclusive jurisdiction of the Canadian courts.

8. Matters beyond reasonable control

Neither party is liable for any breach of this Agreement that is caused by a matter beyond its reasonable control, including acts of God, fire, lightning, explosion, war, flood, industrial disputes, sabotage, extremely severe weather, or acts of local or central Government or other competent authorities.

9. Linking policy

9.1 Capilano Rock and Gem is completely independent. We do not take funding from Government or companies and we do not display advertising on any of our websites.