THE RJC CODE OF PRACTICES POLICY
The RJC Code of practices policy defines the EMD Diamonds standards on business ethics, human rights, social performance, and environmental performance against which EMD Diamonds are to be certified. A key feature of RJC certification is the requirement for independent third-party auditing of EMD Diamonds management systems and performance. The RJC certification system also establishes mechanisms for early identification of issues, corrective action, and enforcement methodology.
The EMD Diamonds Code of practices covers a wide range of sustainable development issues, and is applicable throughout the supply chain, from rough diamonds to jewelry retail to the final consumer.
· We will not engage in bribery and/or corruption.
· We will not tolerate Money laundering and/or financing of terrorism.
· We will adhere to the Kimberley process Certification system and the world Diamond Council voluntary system of warranties.
· We will take reasonable measures to ensure the physical integrity and security of product shipments.
· We will respect the fundamental human rights and the dignity of the individual, according to the United Nations Universal Declaration of Human Rights.
· We are committed to high standards of health and safety in our operations.
· We will adhere to working hours and remuneration legislation,
· We will conduct our business in an environmentally responsible manner.
EMD DIAMONDS TERMS OF USE
https://emd.diamonds/ (the “Website”) is operated by EMD Diamonds Inc. (or “we”, “us”, “our”). Among others, the website provides an
online diamonds catalog for businesses and stores selling EMD Diamonds’ diamonds (the
“Service”).
These Terms of Use (the “Terms”)
form a binding agreement between you and the EMD Diamonds, and they govern your use of
the Website.
Please read these terms carefully before using our Website.
By using our Website, you indicate that you accept and agree to these Terms and
to the Privacy
Policy, which is an integral part of them. If you do not agree to these
Terms in their entirety, you must not use the Website.
KEY POINTS OF THESE
TERMS
The following key points are
provided for your reading convenience but do not substitute the full Terms
that are provided thereafter.
·
You may use the Website and the Service. Access to some parts of the Service
requires registration.
·
When you use the Website, you must
comply with our usage instructions, adhere to any applicable law and refrain
from using the Website in a manner prohibited by these Terms.
·
You are solely responsible for any
errors or inaccuracies in the information you provide on your store.
·
Although we make efforts to provide accurate and reliable
content, we will not be liable for any damage that may occur as a result of
your reliance on the content provided on the Website.
·
We respect your privacy. Here is a
link to our Privacy
Policy.
·
We own all rights, titles, and
interests in and to the Website.
·
You assume the full and exclusive
responsibility for your use of the Website. We and our staff will not be liable
for any direct or indirect damage suffered by you or anyone acting on your
behalf, arising from or related to the Website or your use of it.
·
You agree to indemnify us and our staff against any damages, loss, costs,
expenses, and payments, arising from any third party claim in connection with
your breach of these Terms.
·
We may occasionally amend these
Terms. Your continued use of the Website indicates your consent to the amended
terms.
ABOUT THE WEBSITE AND OUR
SERVICE
The Website includes the following parts:
·
Sections presenting
informative content about us,
our heritage, insightful information about diamonds, and our inventory. These
are publicly accessible to all users visiting our Website and subject to these Terms, you may access and view the content
available on these sections.
·
An online catalog of the EMD Diamonds that businesses sell (the “Store”).
This Service is offered to businesses and stores selling EMD Diamonds’ diamonds, as our
customers. Please note that although the Service allows you to display the
prices of the diamonds, your customers cannot purchase the diamonds through the
Service. Subject to these Terms, we give you, a business or store selling EMD Diamonds’
diamonds, a limited, revocable, non-exclusive, non-transferable, and
non-sublicensable license to use the Service, free of charge. You must register to use the Service. Upon registration
and in order to set up your Store, we will request you to provide certain
information about you and about your business.
Diamonds Origin Information. The diamond
origin information presented on the Website is based upon the information we
receive from our service providers. While we take reasonable commercial efforts
to ensure the accuracy of this information, we cannot guarantee it, and we, therefore, disclaim all warranties regarding this information’s accuracy and
correctness.
USE OF THE WEBSITE
Store Customization. Businesses can
customize their Store by editing the Store settings through their profile on
the Service. These settings allow you to:
·
add your business’s information such
as logo, address, and contact information;
·
choose whether to show or hide
diamonds prices and choose how they will be quoted; and
·
provide your customers with diamond-related
experiences and recommendations (e.g., a memorable customer engagement story,
or the list of best places to propose marriage in your area).
WE WILL NOT BE LIABLE FOR ANY
INACCURACIES OR ERRORS IN THE INFORMATION YOU PROVIDE TO YOUR CUSTOMERS IN YOUR
STORE.
Diamond Insights. The Diamond Insights is a section of the Website that
includes blog posts from our team and other informative resources. The Insights are meant to assist you
to have a better understanding of the diamonds industry in general. They are
merely informational, and you should read them at your own discretion. You may
not, in any circumstance, consider them to be professional advice or a
substitute for professional guidance. Although we make efforts to provide
accurate and reliable content, we will not be liable for any damage that may occur
as a result of your reliance on the content of the Insights.
RESTRICTIONS ON USE
When you use the Website, you must comply with these
Terms and adhere to any applicable law. You may not–
•
Attempt to circumvent, bypass or
deactivate security or protection measures of the Website;
•
Use our Website in order to develop
or create a website, application, or any other product similar to, or competing
with, the Website;
•
Attempt to compromise information
security on our Website or in any network or server used by us, attempt to
uncover information security vulnerabilities, or attempt to engage in any form
of probing, scanning, crawling, robotic navigating, or hacking the Website;
•
Attempt to access the Website,
download any information or use any information in our Website, in an automated
or mechanized process;
•
Attempt to activate or access
features or capabilities that are undocumented, not ordinarily accessible or
deactivated on the Website;
•
Attempt to engage in
reverse-engineering, disassembling, or decompiling of the Website;
•
Use the Website in any manner that
may give rise to a criminal offense, civil tort, infringement, or violation of
the rights of any third party;
•
Attempt to burden or interfere with
the operation of the systems related to the operation of our Website;
•
Attempt to integrate the Website or
any part thereof in any webpage, application, or any other way;
•
Use the Website for or in connection
with any action that may encourage or constitute a threat, harassment, or fraud.
PRIVACY
We respect your privacy. To better understand how we
collect and use your information for the purpose of providing you with our Website,
please read our Privacy
Policy.
INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Website,
including all content therein and all patents, copyrights, trademarks, trade
secrets, and other intellectual property rights and any goodwill associated
therewith, embodied therein or utilized by us in the operation of the Website,
are the exclusive property of EMD Diamonds or our licensors. This includes our databases
and the Website’s design, graphics, computer code, algorithms, and “look and
feel” (altogether: “Proprietary Content”).
Other than as expressly permitted in these Terms, you may
not, either by yourself or by a third party on your behalf, copy, distribute,
display or perform publicly, sublicense, decompile, disassemble, reduce to
human-readable form, execute publicly, make available to the public, adapt,
make commercial use of, process, compile, translate, sell, lend, rent, reverse
engineer, combine with other software, modify or create derivative works of,
the Proprietary Content or the Website or any part thereof, in any way or by
any means.
You may not use any name, mark, or logo that is similar to
our marks and logos. You must refrain from any action or omission that may
dilute or damage our goodwill.
COPYRIGHTS
Website
users, customers, and others interacting with EMD Diamonds acknowledge and agree that
EMD Diamonds or its affiliates retains the right to create derivative work(s) related to
and/or derived from the merchandise and its physical properties (e.g., videos,
images, or digital assets) and all intellectual property in such work(s) shall
be under the full ownership of EMD Diamonds or its affiliates, as applicable.
THIRD-PARTY LINKS
The Website may contain links to third-party websites and
pages, which are not operated or controlled by EMD Diamonds. We will not be liable for
any direct or indirect damage, financial or otherwise, incurred to you as a
result of using or relying on the content of those websites and pages.
CHANGES TO OUR WEBSITE
AND DISCONTINUATION
We may, at any time and without prior notice, change the
layout, design, scope, features, or availability of our Website. Such changes,
by their nature, may cause inconvenience or even malfunctions. YOU
AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN
CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR TO ANY MALFUNCTIONS OR
FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and in our sole
discretion, discontinue or terminate the operation of our Website or any part thereof, temporarily or
permanently, for
all users, or for certain users,
without any liability to you.
DISCLAIMER OF WARRANTY
THE WEBSITE IS PROVIDED FOR USE
“AS IS” AND “WITH ALL FAULTS”. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS, AND ASSIGNEES (COLLECTIVELY, OUR
“STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT AVAILABLE THEREIN,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY,
PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND
AGREE THAT THE USE OF THE WEBSITE OR THE RELIANCE ON ANY CONTENT AVAILABLE THEREIN,
IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN
RISK.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION,
ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE, AT ALL TIMES, ACCESSIBLE, AVAILABLE, OR IMMUNE TO ERRORS, GLITCHES, OR UNAUTHORIZED ACCESS.
WEBSITE
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR
ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS,
EXPENSES, AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN
ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE
USE OF, OR THE INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH THE RELIANCE
ON ANY CONTENT AVAILABLE THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN
THE FUNCTION OF THE WEBSITE.
DIAMONDS AND OTHER PRODUCTS
LIMITATION OF LIABILITY
In no event shall EMD Diamonds,
its directors, members, employees, affiliates, or agents or any other party
involved in creating, producing, or delivering the EMD Diamonds products be liable to
you or any third party for damages of any kind arising from the use of this
site, including, but not limited to direct, indirect, incidental, special,
punitive and consequential damages or other damages of any kind, including but
not limited to loss of use, loss of profits, or loss of data, whether in
contract, tort, or otherwise, including negligence, arising out of or in any
way connected with or resulting from the use of our site, the products, the
services or the content contained in or accessed through the EMD Diamonds site, or that
results from the reliance by user on any information obtained from EMD Diamonds,
including any error or omission regarding listed diamond origin, any mistakes,
omissions, interruptions, deletion of files or emails, errors, defects,
viruses, delays in operation or transmission or any failure of performance of
the EMD Diamonds site, whether or not resulting from acts of god, communications
failure, theft, destruction or unauthorized access to EMD Diamonds' programs or
services, even if EMD Diamonds is expressly advised of the possibility of such damages,
or even if the loss, damage or expense was caused by EMD Diamonds, its directors,
members, employees, affiliates or agents. in no event shall EMD Diamonds' liability be
greater than the price you paid for the product or service that is the basis
for the claim.
Some jurisdictions may not exclude implied warranties, so some of the above
exclusions may not apply to you. It is your responsibility to check local laws
for any restrictions or limitations regarding the exclusions of implied
warranties.
INDEMNITY
You agree to indemnify and hold harmless us and our Staff
upon our request and at your own expense, from, and against, any damages, loss,
costs, expenses, and payments, including reasonable attorney’s fees and legal
expenses, arising from any third party complaint, claim, plea, or demand in
connection with your breach of any provision or representation in these Terms.
If we seek indemnification from you, we will provide you
with (i) prompt written notice of any indemnifiable claim; (ii) all reasonable
assistance and cooperation in the defense of such indemnifiable claim and any
related settlement negotiations, at your expense; and (iii) exclusive control
over the defense or settlement of such indemnifiable claim, provided, however,
that we may settle or reach compromise on any such claim without your consent,
if and to the extent such settlement or compromise does not impose any
liability (monetary, criminal or otherwise) on you. We will have the right to
participate, at our own expense, in the defense (and related settlement
negotiations) of any indemnifiable claim with counsel of our own selection.
TERMINATION
We may, in our own discretion, terminate these Terms in
connection with your use of the Website at any time, by providing an
appropriate message through the Website, by blocking your use of the Website or
by any other manner contemplated by these Terms, if we believe that you have
abused your right to use our Website.
DIAMOND ORIGIN AND
PROVENANCE
EMD Diamonds and any affiliated companies provide natural diamond origin
information – whether on this website, in marketing materials, in materials
provided to any purchaser, or anywhere else – without any warranty of any kind,
either express or implied. Diamond origin information is provided based upon
information provided by EMD Diamonds' suppliers. While reasonable commercial efforts
are made to ensure the accuracy of origin information provided, there can be no
guarantee or warranty of the diamond origin information. All implied
representations, warranties, and conditions relating to diamond origin are
hereby disclaimed where applicable. The above limitation of liability extends
to any persons who viewed EMD Diamonds' Diamonds listed with the origin, any persons
who purchased EMD Diamonds' diamonds listed with the origin, and any other persons who
may thereafter acquire EMD Diamonds' diamonds that had been listed with origin.
All representations regarding diamond origin are provided to the best of EMD Diamonds'
knowledge and without guarantee or warranty of any kind.
GENERAL
These Terms and your use of the Website
will be exclusively governed by and construed in accordance with the laws of
the State of New York. Any dispute, controversy or claim which may arise out of
or in connection with these Terms or the Website, shall be submitted to the
sole and exclusive jurisdiction and venue of the state courts located in New
York County and the U.S. federal district court for the Southern District of
New York.
These Terms do not create any
agency, partnership, employment, trustee, or other types of a legal relationship
between you and EMD Diamonds, other than that of two independent contractual parties.
CHANGES TO THESE TERMS
We may, from time to time and at our sole discretion,
change the Terms. Your continued use of our Website after the effective date of
the amended Terms constitutes your consent to the amended terms. If you do not
consent to the amended terms, you must cease the use of our Website. The latest
version of the Terms will always be accessible on our Website.
CONTACT US
For any
questions or inquiries, you may contact us at [email protected]
or through our contact form.
Last
Update: January 2022