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Terms Of Use

Sep 01, 2017EMD Diamonds

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.

As Members of the Responsible Jewelry Council, EMD Diamonds seeks economic, social, and environmental benefits from its business activities so that the company contributes to sustainable development following the guidelines:

    ·        We are committed to conducting our businesses to a high ethical standard, and to ensuring integrity, transparency, and conformance with applicable law.

    ·        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 E.M. Diam Inc. (“EMD”, or “we”, “us”, “our”). Among others, the website provides an online diamonds catalog for businesses and stores selling EMD’s diamonds (the “Service”).

These Terms of Use (the “Terms”) form a binding agreement between you and the EMD, 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’s 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’s 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 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 acknowledge and agree that EMD 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 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. 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 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 site, or that results from the reliance by user on any information obtained from EMD, 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 site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to EMD's programs or services, even if EMD is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by EMD, its directors, members, employees, affiliates or agents. in no event shall EMD's 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's 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's Diamonds listed with the origin, any persons who purchased EMD's diamonds listed with the origin, and any other persons who may thereafter acquire EMD's diamonds that had been listed with origin.

All representations regarding diamond origin are provided to the best of EMD's 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, 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 customer.support@emd-mail.com or through our contact form.

 

Last Update: January 2022

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