Terms of Service - Diamond Demand



Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.


Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Site and/or the services thereon.

Diamond Demand Terms of Service ("TOS") incorporates and includes this document as well as the diamond demand Code of Conduct, diamond demand Privacy Policy and Diamond demand Trading Rules. Each part of the TOS forms an integral and inseparable part of the TOS.

  • Modification of Terms and conditions of Service:

    This TOS may be changed from time to time and unless you provide written notice within 3 business days you agree to accept such changes as part of your contractual obligation. Such changes will be posted on the website In the event of you not agreeing to the revised terms, then you should stop using the site. By continuous usage you are agreeing to the published Terms.

  • Cession:

    Diamond demand shall assign, delegate or cede all or any of its right & obligation in terms of any relevant terms & conditions, policies & notices to any 3rd party without any prior notice.

  • Description of Service:

    Diamond Demand provides access to trading, pricing, news and other information services related to diamonds, gems and jewelry. The information is for the use of paid registered Users.

    While the Service is designed to provide the User with the ability to buy, sell, list and price diamonds, the information about diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort as for buying or selling of diamonds.

    Diamond grading and pricing is based on subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.

    Diamond Demand does not guarantee the quality, accuracy, reliability of any information provided.

    Diamond Demand does not guarantee the quality, integrity or creditworthiness of any member of any trading network. All services provided are on an as–is basis with no Diamond demand guarantees or warranties. User agrees that Diamond demand is not responsible for any additional, consequential or other damages. Diamond demand ‘s liability shall be strictly limited to the membership fees paid to diamond demand



Registration and access to services:

Access to the Service is provided to registered paid Users: To avail of and use the Services you will have to register and pay necessary charges accordingly. As a part of registration process you agree to provide current, complete, and accurate registration information as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete then diamond demand has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site and/or the Services subject to the condition that diamond demand t will refund on request the unused portion of any money paid for the service..

If you provide any information that is untrue, inaccurate not current or incomplete then diamond demand has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site and/or the Services subject to the condition that diamond demand t will refund on request the unused portion of any money paid for the service..

You agree and understand that the Members may not disclose proprietary information to third parties

Members may not download any sell listings, buy listings, or any other data without the permission of the company posting the listings.

Members may not share names or contact information of other Members with third parties. They may not send email broadcasts to other members.

Members may not access, use, store, share or distribute Member information without the permission of Diamond Demand

Members are required to fully complying with all TOS conditions.



Online Shopping Platform:

Listing and Trading of diamonds:

Diamond Demand Minimum Standards & Conflict Diamonds :

Only diamonds meeting the Diamond Demand Minimum Standards and Conflict- Free Diamonds rules and regulations may be listed or traded through the Service. No diamond may be listed or traded unless:

The diamonds are legal and not directly involved in severe human rights violations. For purposes of this clause, the phrase “directly involved in severe human rights violations” is defined as describing diamonds whose physical production involved murder, rape, physical violence or forced servitude.

The diamond was purchased from suppliers who have warranted to the User that the diamond is “conflict free”; or

The User can guarantee from personal knowledge that the diamond is conflict free.

All Users must supply invoices in respect of sales to other Users. All diamonds sold or traded via Diamond Demand must contain one of the following declarations on the invoices:

The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with Indian Laws. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.

OR

The diamonds herein invoiced were acquired by the seller prior to November 1, 2011 and were purchased from sources believed to be reliable. The seller hereby guarantees that they have no personal knowledge or reason to believe that these diamonds are conflict diamonds which have been traded in violation of any Indian Laws.

Treated diamonds:

Treated and enhanced diamonds (laser drilled, clarity enhanced, irradiated, HPHT or any other treatment or enhancement) may be listed and traded on the Service of Diamond Demand , however full disclosure in the required form must be made as to the process and the effect of the treatment. All Users must disclose the treatment when listing the diamond and on the invoice to the purchaser. Should any User be found to have listed or traded such a diamond without such full prior disclosure, their access to the Service will be permanently terminated without notice.

Users may not list (upload) diamonds with incomplete, inaccurate, false or misleading information.

Users must provide accurate information on the availability of their diamonds listed.

Users must provide accurate information on the availability of their diamonds listed.

Users who violate any of the above provisions will be subject to having their membership revoked and/or be excluded from our network. Diamond demand further reserves the right, in its sole discretion, to publish the names of any Diamond demand member who violates any of the above provisions or any of these Terms of Service (TOS).

Downloading Diamond Listings or Information

Users may allow other Diamond demand members to download inventory of their diamonds listed for sale on Diamond demand by setting permissions on their account.

Users may grant specific Diamond demand members permission to download their inventory through the Members Directory.

Users may not download diamond listings without having applied for and been granted permission in writing by Diamond Demand .

Diamonds belonging to other Diamond Demand Users may not be downloaded for listing with any competitive diamond trading networks.

Users may only download diamonds on websites or in stores owned by the Diamond Demand user itself.

Users may not resell any downloaded diamond listings.

Diamond Demand may exclude a Diamond Demand member from downloading diamond inventory for any reason as may be determined in the sole discretion of RapNet.

Fees

The various pricing structures and Service options will be displayed on the Diamond Demand website. Diamond demand reserves the right to amend the pricing structure from time to time. Any changes will be posted on Diamond Demand



The User Agrees Not To:

Use the service in any way that violates the laws of the india and/or any jurisdiction in which the User resides.

Access the service in any unauthorized manner including but not limited to reverse engineering computer code or the underlying logic of the pricing and trading system.

Access the system for the purpose of copying the software, logic, look and feel, or any features of the system for use in any competitive system.

Disturb, interfere or disrupt the service, computer hardware or software providing the Service, including automatic downloads of queries via Users computer programs and/or use or access of the service in any manner for which it has not been designed or authorized.

Upload, post, email, transmit or make available anything that contains computer codes, viruses, files or programs that interrupt, destroy, or limit the functionality of any computer software, hardware or other equipment.

Attempt or obtain unauthorized access to any part of the Service or computer system.

Transmit any program or virus through or into the computer hardware or software used or provided by the Service.

Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.

Use any information provided by the Service or Diamond demand to establish a competing diamond trading and pricing or information service. This specifically includes the use of Diamond Demand price information as the basis for quoting diamonds as a percentage of Diamond Demand or Diamond Prices on competing diamond trading Networks.

Misrepresent the information obtained from the Service or alter any document printed from the pages provided by the Service.

Provide false or misleading information including but not limited to cloaking or altering the information that identifies the source, time and location any contact made with the Service via the Internet.

Print, save, copy or distribute any of the information provided by the website except for the information provided to the User in response to requests about prices for diamonds and listing of diamonds.

Review, copy and/or download any news, analysis, or other information by any news, information or Internet service or company that provides information to the diamond, gem and jewellry trade and/or competes with the information services provided by Diamond Demand . From time to time technical difficulties may render the service inoperable. Diamond demand does not guarantee uninterrupted service and accepts no liability for any such interruption. In the event that access to the service is limited for more than 24 hours Diamond Demand will extend the time that Service is available to the User.

Review, copy or download any diamond prices, listings of diamonds for sale, or buy requests for use, including partial or derivative use, in any other website, or trading system available to third parties without written permission from Diamond Demand.



Disclaimer of warranties:

The information about the Diamonds published on the Site are provided by Diamond Demand on the basis of the information received from the vendors and are on an "as is where is" basis. Diamond Demand /the Site makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Diamond demand /Site disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Diamond demand /Site will not be liable for any damages of any kind arising from the use of this site or any of the services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.

Diamond Demand /site expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the site/services for any purpose. Diamond demand /site hereby disclaims all warranties and conditions with regard to this service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

User specifically agrees that Diamond Demand /site shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site/service. Users specifically agree that Diamond Demand /site is not responsible or liable for any any infringement of another's rights, Including intellectual property rights. Users specifically agree that Diamond Demand /site is not responsible for any content sent using and/or included in the site/service by any third party.

No advice or information, whether oral or written, obtained by the user from Diamond Demand or through or from the service shall create any warranty not expressly stated in these terms and conditions.



Limitation of Liability:

In no event shall Diamond Demand /site be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if Diamond demand /site has been advised of the possibility of damages, or inability to use the site/services or related services, the provision of or failure to provide services, or for any information, software , services and related graphics obtained through the site/services, or otherwise arising out of the use of the site/services, whether based on contract, tort, negligence, strict liability or otherwise, even if diamond demand /site or any of its suppliers has been advised of the possibility of damages.

Diamond demand shall not be liable for any loss, damage or expense resulting from any error or omission in the information provided by Diamond Demand or the service or from use of the service even if caused by or resultant from the negligence or other fault (except fraud, willful misconduct or gross negligence) of Diamond Demand .

Diamond Demand shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any error in or omission from the information provided by the service, even if advised of the possibility of such damages.

Diamond demand does not guarantee that diamonds listed on the trading network will be sold to any of the users; neither does the service provide any authorization of the said grading suggested by the listers, of the diamonds.

Diamond Demand does not guarantee the accuracy of the diamond pricing service and gives full notice that Diamond Demand prices are based on Diamond demand 's subjective opinion of market prices, market conditions and the relative value of various types, sizes and qualities of diamonds. Diamond grading, pricing and analysis is not an exact science and is based on the subjective opinion and analysis of the person providing the information. We do not guarantee the accuracy, authenticity or reliability of any diamond grading report or other information being provided by you. That is the basis of our pricing service.

Diamond Demand employees may provide users with personalized information via email, telephone or in writing. This information is based on the subjective opinion of the individual providing it. While we will make efforts to assure that our employees, agents, associates and/or consultants are knowledgeable about diamonds and diamond prices, we do not guarantee the accuracy, expertise, experience, background or knowledge level of any person providing information.



Confirmation:

  • You understand, declare and agree that:

    Diamond Demand shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.

    Diamond Demand shall not and is not required to mediate or resolve any dispute or disagreement between you and the Seller.

  • Suspension due to non-compliance with Agreement:

    Notwithstanding other legal remedies that may be available to , Diamond Demand may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

    If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of the Site;

    If the User has provided wrong, inaccurate, incomplete or incorrect information;

    If your actions may cause any harm, damage or loss to the other Users or diamond demand

    Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive

  • Indemnity:

    User agrees to defend, indemnify and hold harmless diamond demand , the Site, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.



Governing Law and Jurisdiction:

This agreement is governed and construed in accordance with the Laws of of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai India, in all disputes arising out of or relating to the use of the Sites/services. Use of the Sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Diamond Demand /Site, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site/services.

Diamond Demand /Site's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Diamond Demand /Site's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site/services or information provided to or gathered by Diamond Demand /Site with respect to such use.



COMMENTS/QUESTIONS:

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms & conditions, policies ¬ices or the way in which we are handling our personal information please contact_______________

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