TERMS AND CONDITIONS APPLICABLE TO THE USE OF WWW.IIDGR.COM
(THE “TERMS AND CONDITIONS”)
Any use by you, whether as a guest or a registered user, of the website operated by IIDGR (UK) Limited (“IIDGR”) at www.iidgr.com (the “Site“) is conditional upon your acceptance of these Terms and Conditions, together with the documents referred to within them. Please read these Terms and Conditions carefully before you start using this Site. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion. It is your responsibility to review this page for updates to these Terms and Conditions, which shall come into effect and be binding once posted. You agree that your continued use of the Site (including accessing, browsing or registering to use the Site) will be deemed acceptance by you to be bound by these Terms and Conditions and is subject to your continued compliance with these Terms and Conditions.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE LEAVE THE SITE NOW.
All references to ‘our’, ‘us’, ‘we’ or ‘company’ within these Terms and Conditions are deemed to refer to IIDGR UK Limited. “De Beers Group of Companies” means any company directly or indirectly controlled by De Beers plc of 44 Esplanade, St Helier, Jersey, JE4 9WG.”De Beers Group of Companies” means any company directly or indirectly controlled by De Beers plc of 44 Esplanade, St Helier, Jersey, JE4 9WG.
All references to ‘your’, ‘you’ or ‘the user’ within these Terms and Conditions are deemed to refer to the user of the Site.
The Site comprises of a public access area and a secure access area.
The public access area contains general information about the IIDGR, provided solely for general informational purposes.
The secure access area is a password protected section of the Site solely for IIDGR clients (“Clients“). There are separate terms and conditions governing the provision of services to our Clients – Clients agree to those terms and conditions upon entering the secure access area.
These Terms and Conditions refer to the following additional terms, which also apply to your use of the site:
1. Intellectual Property
1.1 We are the owner and/or authorised licence holder of all material, content, video, trade marks, design rights, patents, copyrights, database rights and all other intellectual property (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure and the look and feel, design and compilation of it) appearing on or contained within the Site, unless otherwise expressly indicated.
1.2 You agree that you are permitted to use this material and/or content solely as set out in these Terms and Conditions or as otherwise expressly authorised in writing by us or our licensors. Except as provided in these Terms and Conditions, use of or access to the Site does not grant you any right, title, interest or licence to any such intellectual property you may access on the Site (including for purposes of clarity, any intellectual property in User Information (defined below) uploaded onto the Site).
1.3 Nothing contained on this Site should be constured as granting, by implication, estoppel, or otherwise, any licence or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trade marks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.
2.1 You may view the public access section of the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. Reproduction by the user of the whole of the Site is strictly prohibited.
2.2 Clients are, however, subject to the remaining provisions of these Terms and Conditions, permitted to download information from the secure access area of the Site (unless expressly stated otherwise) as follows:
(i) information from the Site shall be used for the user’s business use only;
(ii) information from the Site shall not be modified in any way;
(iii) information from the Site shall not be used in breach of the Data Protection Act 1998 (or any amendments or updates thereto);
(iv) the contents of the Site may be saved to disk or otherwise stored in a private electronic retrieval system or may be printed provided that: (a) such use is for the user’s own business use only; (b) such contents are deleted from any disk or private electronic retrieval system after 30 days from when such content was saved or stored; and (c) no attempt is made by you or anyone acting on your behalf to replicate, resell, hire or to otherwise commercially benefit from any information contained in the Site; and
(v) the copyright notice ‘© IIDGR UK Limited 2012’ must appear in all reproductions and/or copies.
2.3 All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms and Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you are not otherwise entitled to copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
2.4 You may not offer for sale or distribute over any medium, any part of this Site or any of its content.
2.5 In accordance with Condition 13, we reserve the right to limit or refuse access to the Site or any portion of the Site to anyone who fails to comply with or is suspected to not be in compliance with the provisions of this Condition 2.
3. Secure Access Area of the Site
3.1 The secure access area of the Site shall be accessed and used by Clients and their representatives only.
3.2 To gain access to the secure access area of the Site Clients will be required to log-in using their allocated username and a unique password.
3.3 If we deem it necessary for security reasons, we can enforce a password change at any time, but we will warn a user in advance should we intend to do so.
3.4 Sign-in details and passwords should be treated as confidential for the duration of time that you are entitled to access and use the secure access area of the Site and any services available on it. Any sign-in details and passwords provided to you should be kept safe and you should not disclose them to anyone. Usage of an individual sign-in name by multiple users or by someone other than the authorised user is a serious breach of these Terms and Conditions and could lead to IIDGR suspending or removing your access to the secure access area of the Site for a period of time or indefinitely at IIDGR’s discretion depending on the severity of the breach. You shall inform IIDGR immediately of any known or perceived breach of this provision by notifying us at email@example.com and you shall be liable for any loss or damage that may result from having disclosed or failing to keep secure your sign-in details and/or password.
4.1 All rights, including copyright and database rights, in this Site are and shall remain vested in IIDGR. All software belongs to IIDGR or our third party licensors. All rights are reserved.
5. No Warranties
5.1 This Site (including any information, materials, text, graphics, links, or other items included in this Site), is provided “as is”, “with all faults” and “as available”, without warranties, express or implied, of any kind, and your use of it is at your own risk.
5.2 Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions.
5.3 We do not warrant that the Site will be free from viruses, available at any time or that the contents on the Site will be accurate. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use.
5.4 The material displayed and information provided on the public access area of the Site is for general information purposes only and whilst IIDGR endeavours to ensure that the information is correct as at the date of publication, no warranties, express or implied, guarantees or conditions are given as to its accuracy or completeness.
5.5 If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
6. Third Party Sites
6.1 The Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-De Beers Group of Companies website does not mean that IIDGR approves, endorses or accepts any responsibility for that website, its content or use, or the products and services made available through such website.
6.2 Any arrangement made by you with a third party as a result of you accessing another website via a link from the Site shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.
6.3 We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
6.4 Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
6.5 We will not be liable for any damages or losses or expenses, even if foreseeable, that may arise from your use of these third-party websites or for the actions and customer information practices of any website to which our Site links or refers.
7. Your Responsibility
7.1 You should always verify the information set out on this Site with independent information sources and/or authorities before acting or relying on it.
7.2 It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
7.3 In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy and Cookies Policy and the uses which we may make of such information. You should also check that the information you provide does not contain any content prohibited by applicable laws or regulations. You will be responsible for any loss or damages we may suffer if you breach this warranty.
8. Information Submitted by You
8.1 Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy.
8.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
8.3 All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Site or obtained by you through the Site is at your own risk.
8.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site.
9.1 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under English law or other applicable law. Subject to the foregoing, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site for or in connection with:
• use of, or inability to use, our Site;
• any third party software you may download from the Site; or
• use of or reliance on any content displayed on our Site
If you are a business user, please note that in particular, we also will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
9.2 If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 Subject to Condition 9.1, in no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the Terms and Conditions, including our Privacy and Cookies Policy and Acceptable Use Policy, or use of the Site exceed, in the aggregate, £1,000 (sterling).
9.4 No representation or warranty (express or implied) is given as to the accuracy, reasonableness, reliability or completeness of any information provided in connection with the matters contained or referred to in the Site.
9.5 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 site or to your downloading of any content on it, or on any website linked to it.
9.6 We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or related to or resulting from generally using or downloading materials in connection with the internet.
9.7 We reserve the right to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.
9.8 If you enter into any third party transaction as a result of any information sourced from this Site, IIDGR shall not be liable for any use made of that information or any resultant transactions, nor shall IIDGR be responsible for or involved in that transaction in any way.
9.9 You shall make clear to all parties with whom you deal (including, in particular, to your partners, consumers and agents) that neither the IIDGR nor any member of the De Beers Group of Companies is responsible for any of your marketing or business initiatives or other activities and neither the IIDGR nor any member of the De Beers Group of Companies is acting as agent for or on behalf of you or any member of your group. Neither the IIDGR nor any member of the De Beers Group of Companies shall have any liability to any party with whom you or IIDGR deals in connection with any services provided to you by us. If requested by us, you shall ensure that such parties provide a written acknowledgement (in a form acceptable to us) to that effect directly to IIDGR.
9.10 You shall indemnify, and keep indemnified, IIDGR and all members of the De Beers Group of Companies against any loss, damage or cost incurred by IIDGR or any member of the De Beers Group of Companies arising out of your use of the Site or any information accessible over or through the Site including information obtained from linked sites, your submission or transmission of information or material on or through the Site or breach by you of these Terms and Conditions or any laws, regulations and rules, and/or the provision of its services save where directly attributable to the fraud or wilful default of IIDGR or relevant member of the De Beers Group of Companies. You shall also indemnify IIDGR and the De Beers Group of Companies against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
10. User Information
10.1 In the course of your use of the Site, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other personal data within the meaning of applicable data privacy law (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information is set out in our Privacy and Cookies Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
11. Viruses, Hacking and Other Offences
11.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
11.2 You shall not interfere or attempt to interfere with the operation or use of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms and Conditions.
12. Linking to the Site
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy and with applicable laws. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not establish a link from any website that is not owned by you.
12.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
12.4 If you wish to make any use of material on our Site other than that set out above, please contact us by email at Contact@IIDGR.com.
13. Restriction, Suspension and Termination
13.1 Access to the Site is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend the Site without notice.
13.2 We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your username or password) and/or your ability to avail of any of the services on the Site, including interactive services, with or without notice, for any reason at all, including but not limited to if we believe that you have breached these Terms and Conditions. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of any breach of these Terms and Conditions by you.
13.3 We may also change, modify, substitute or remove without notice any information on the Site from time to time, remove the Site as a whole or any sections or features of the Site at any time.
13.4 Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions. We will determine your compliance with these Terms and Conditions in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.
14.1 These Terms and Conditions, including our Privacy and Cookies Policy and our Acceptable Use Policy, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings (whether written or oral) whatsoever between us.
14.2 The parties agree and acknowledge that they do not rely on, and shall have no remedy in respect of, any statement, warranty or understanding of any person other than as expressly set out in these Terms and Conditions.
14.3 To the extent that software is available through the Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to comply with the terms and conditions of any such software licence agreements that we may communicate to you from time to time.
14.4 The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
14.5 The parties intend each provision of these Terms and Conditions to be severable and distinct from the others. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, in whole or in part, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
14.6 All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination.
14.7 We may without your prior permission cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
15. Law and Jurisdiction
15.1 These Terms and Conditions, including the Privacy and Cookies Policy and Acceptable Use Policy, any matter relating to this Site, any non-contractual obligations arising out of or in relation to these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by an interpreted in accordance with English law.
15.2 The English Courts shall have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
16. Translation (Prevail Condition)
16.1 In the event there is a conflict between this Global English version of the Terms and Conditions and a translated version, this Global English version shall prevail.
17. Contact Information
IIDGR UK Limited (reg. no. 08597754), 20 Carlton House Terrace, London, SW1Y 5AN, UK.
™, DIAMONDSURE™, DIAMONDVIEW™ and DIAMONDPLUS™ are trade marks of the De Beers Group of Companies.
Thank you for visiting the Site.
This Acceptable Use Policy sets out the terms between you and us under which you may access the Site. This Acceptable Use Policy applies to all users of, and visitors to, the Site. Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy (including but not limited to Our Privacy and Cookies Policy), which supplement our Terms and Conditions for the Site.
1. Prohibited Uses
1.1 You may use the Site only for lawful purposes. You may not use the Site:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards – please refer to our Terms and Conditions for the Site and our Privacy and Cookies Policy;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and/or
• to host, display, upload, modify, communicate, publish, transmit, update or share any information or products/goods/items that: (a) belong to another person and to which you do not have any right to; and/or (b) are false, misleading or inaccurate.
1.2 You also agree:
• not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms and Conditions; and
• not to access without authority, interfere with, damage or disrupt:
o any part of the Site;
o any equipment or network on which the Site is stored;
o any software used in the provision of the Site;
o any equipment or network or software owned or used by any third party
2. Interactive Services
We may from time to time provide interactive services on the Site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• User generated content functionality (interactive services).Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. Content Standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from Us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use the Site, and may result in us taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (if you are a consumer, that means that you will be responsible for all of our losses and recovery costs).
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page and shall be effective upon posting on the Site, and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amendments. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site.