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TERMS OF USE

Welcome to the portal http://www.tradersdiamonds.com (the “Website”). The content of this Website is the property of CaratLane Trading Private Limited (the “Company”). The Company is in the business of selling Loose Diamonds (as defined below), diamonds and gemstone jewellery, precious jewellery and other products via this Website (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

If you do not agree to these terms you may not use this Website. By using this Website, you signify your agreement to these Terms of Use as well as the Website's Privacy Policy (which is hereby incorporated by reference herein.). This Terms of Use sets out the legally binding terms of the Services available on the Website as well as at the terms of use of this Website. This Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website ("Users") as well as users who are registered and are authorized by the Website to transact business on the Website ("Members"). The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

Definitions

"Loose Diamonds" are individual diamonds that can be bought without being set on Mounts

Terms & Conditions of Service

Any transactions made onTradersDiamonds.com is governed by the following terms & conditions. It is important that you go these terms and conditions before making any transactions on TradersDiamonds.com.

1.    Description of Services

  • This Website provides access to trading, pricing, news and other information services related to diamonds. Services available on this Website are for the use of Members only.

  • This Website offers services for Members who wish to purchase diamonds for business consumption.

2.  Registration.

  • All Users will be required to register on the Website and become Members prior to the completion of any transaction / purchase on the Website.

  • To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.

  • Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account.

  • Membership is restricted to people from the diamond trade and hence users are required details of trade affiliation to complete the registration process.

  • In addition to the above, you will receive the item(s) price and availability listing once every week.

3.  Diamonds on Consignment

  • Diamonds cannot be sent on consignment basis.

4.  Diamond Prices

  • All Prices displayed on the website are for cash terms only.

  • Diamond prices are subject to change during the period of selection, negotiation and order confirmation. The price for any diamond will be the final price at the time the order is confirmed.

  • All prices are in Indian rupees. Prices will be confirmed in Indian rupees at the time of placing the order.

  • Infrequently, data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice.

5.  Payment and Delivery

  • An order can be confirmed only on the payment of an advance amount. This advance amount will be determined by TradersDiamonds. Advance can be paid in cash, cheque, D/D or by account transfer. This can be done in person or at one of our collection accounts with Axis Bank/ICICI Bank/HDFC Bank across the country.

  • Balance amount needs to be paid before or at the time of delivery. TradersDiamonds does not offer any kind of credit terms

  • Diamond will be delivered within 2 business days for diamonds loacted in India and 4 bsuienss days for international diamonds from the date of order confirmation.

  • Diamonds will be delivered by hand or courier.

  • TradersDiamonds reserves the right to refuse shipments to certain destinations in India

  • All order will be invoiced from Chennai.

  • Diamonds will be delivered from Mumbai or Chennai.

6.  Cancellation and Refund

  1. Diamonds once sold cannot be taken back.

  2. Orders once placed cannot be cancelled at any point in time.

  3. If the customer cancels the order at any point post order confirmation, TradersDiamonds reserves the right to debit the customer for part or full amount of the advance payment.

  4. TradersDiamonds reserves the right to cancel an order at any point in time owing to non-availability of the diamond ordered. The advance amount will be refunded to the customer within one business day.

  5. Order will be cancelled if the cheque for the advance amount is dishonoured for any reason. TradersDiamonds will take legal recourse in such a scenario.

7.  Product Availability

  • The Company does not own any of the diamonds listed on the Website. In such cases, the Company only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website and might not be available at that point of time.

  • In the event the diamond(s) get(s) traded in the market before making the payment / sealing the order, the Company will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, the Company shall confirm the new order. If the cost of the new selection is more expensive that the previous one, the Member shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one the Company shall refund the excess amount to the Member

9.  Re-sale

  • The Members can also opt to re-sell diamonds by allowing the Company to list the diamond(s) on the Website as well as any other portals for an open market re-sale. The Company shall not guarantee any timeline within which the re-sale is to happen. In the event the diamond is re-sold, the Company shall charge a minimal fee to the Member. The details of the fee will be mentioned to the Member before the Company accepts the diamond for listing.

  • In case the certificate has been misplaced, Company will have to get the diamond recertified before being put up for sale. Cost of recertification will have to be borne by the Member.

  • All shipping and handling costs shall be chargeable to the Members.

10.  Insurance

  • Only transit insurance shall be provided by the Company and it shall be valid only until the time of delivery.

11.  Certificate

  • All Loose Diamonds will be accompanied by individual certificates. The certificate will be from a third party laboratory and the details of the certificate will be mentioned at the time of purchase.

12.  Dispute Resolution

  • All the disputes relating to online transaction through www.TradersDiamonds.com are subject to Jurisdiction of Chennai.

Please Note that TradersDiamonds reserves the right to make changes to these Terms and Conditions at any time without prior notice or appeal.


B.  TERMS AND CONDITIONS OF USE OF THE WEBSITE

BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

  • You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.

  • All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

  • " Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

  • Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

  • You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion. In the event you want to advertise your product contact 044 - 42935000

  • You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services.

  • You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

  • You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

  • The Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  • All information, content and material contained in the Website and / or Services are the Company's copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.

  • You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

  • You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    • THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    • THE COMPANY MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER THE COMPANY CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. THE COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE THE COMPANY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, THE COMPANY RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

    • THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE AND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.

  • YOU HEREBY INDEMNIFY, DEFEND, AND HOLD THE COMPANY, THE COMPANY'S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.

  • YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES; OR (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

  • THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER.

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

  • EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW.

  • THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI.

  • IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY THE COMPANY FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO THE COMPANY AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT THE COMPANY WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. THE COMPANY THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. THE COMPANY'S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.

  • ANY FAILURE OF THE COMPANY TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


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